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TITLE I--CONSTRUCTION AUTHORIZATION
SEC. 101. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) Authorized Projects.--The Secretary of Veterans Affairs may
carry out the following major medical facility projects, with each
project to be carried out in the amount specified for that project:
(1) Construction of an outpatient clinic in Brevard County,
Florida, in the amount of $25,000,000.
(2) Construction of an outpatient clinic at Travis Air
Force Base in Fairfield, California, in the amount of
$25,000,000.
(3) Renovation of nursing home facilities at the Department
of Veterans Affairs medical center in Lebanon, Pennsylvania, in
the amount of $9,000,000.
(4) Environmental improvements at the Department of
Veterans Affairs medical center in Marion, Illinois, in the
amount of $11,500,000.
(5) Replacement of psychiatric beds at the Department of
Veterans Affairs medical center in Marion, Indiana, in the
amount of $17,300,000.
(6) Renovation of psychiatric wards at the Department of
Veterans Affairs medical center in Perry Point, Maryland, in
the amount of $15,100,000.
(7) Environmental enhancement at the Department of Veterans
Affairs medical center in Salisbury, North Carolina, in the
amount of $17,200,000.
(8) Construction of an ambulatory care addition at the
Department of Veterans Affairs medical center in Asheville,
North Carolina, in the amount of $28,500,000.
(9) Construction of an ambulatory care addition at the
Department of Veterans Affairs medical center in Temple, Texas,
in the amount of $9,800,000.
(10) Construction of an ambulatory care addition at the
Department of Veterans Affairs medical center in Tucson,
Arizona, in the amount of $35,500,000.
(11) Seismic corrections at the Department of Veterans
Affairs medical center in Palo Alto, California, in the amount
of $36,800,000.
(12) Seismic corrections at the Department of Veterans
Affairs medical center in Long Beach, California, in the amount
of $20,200,000.
(b) Limitation Concerning Outpatient Clinic Projects.--In the case
of either of the projects for a new outpatient clinic authorized in
paragraphs (1) and (2) of subsection (a)--
(1) the Secretary of Veterans Affairs may not obligate any
funds for that project until the Secretary determines, and
certifies to the Committees on Veterans' Affairs of the Senate
and House of Representatives, the amount required for the
project; and
(2) the amount obligated for the project may not exceed the
amount certified under paragraph (1) with respect to that
project.
SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for medical
facilities as follows:
(1) Lease of a satellite outpatient clinic in Fort Myers,
Florida, in the amount of $1,736,000.
(2) Lease of a National Footwear Center in New York, New
York, in the amount of $1,054,000.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 1996--
(1) for the Construction, Major Projects, account,
$250,900,000 for the projects authorized in section 101;
(2) for the Construction, Major Projects, account
$28,000,000, for construction of an ambulatory care addition at
the Department of Veterans Affairs medical center in Boston,
Massachusetts, as authorized by section 201(b)(1)(A) of the Veterans
Health Programs Extension Act of 1994 (Public Law 103-452; 108 Stat.
4787); and
(3) for the Medical Care account, $2,790,000 for the leases
authorized in section 102.
(b) Limitation.--The projects authorized in section 101, and the
project referred to in subsection (a)(2), may only be carried out
using--
(1) funds appropriated for fiscal year 1996 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects for
a fiscal year before fiscal year 1996 that remain available for
obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1996 for a category of activity not specific to a
project.
SEC. 104. REPORT ON HEALTH CARE NEEDS OF VETERANS IN EAST CENTRAL
FLORIDA.
(a) Report Required.--Not later than March 1, 1996, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the health care
needs of veterans in east central Florida. In preparing the report, the
Secretary shall consider the needs of such veterans for psychiatric and
long-term care. The Secretary shall include in the report the
Secretary's views, based on the Secretary's determination of such
needs, as to the best means of meeting such needs using the amounts
appropriated pursuant to the authorization of appropriations in this
Act and Public Law 103-452 for projects to meet the health care needs
of such veterans. The Secretary may, subject to the availability of
appropriations for such purpose, use an independent contractor to
assist in the determination of such health care needs.
(b) Limitation.--The Secretary may not obligate any funds, other
than for design work, for the conversion of the former Orlando Naval
Training Center Hospital in Orlando, Florida (now under the
jurisdiction of the Secretary of Veterans Affairs), to a nursing home
care unit until 15 days after the date on which the report required by
subsection (a) is submitted.
TITLE II--STRATEGIC PLANNING FOR HEALTH CARE RESOURCES
SEC. 201. STRATEGIC PLANNING.
Section 8107 of title 38, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking out subsection (a) and inserting in lieu
thereof the following new subsections:
``(a) In order to promote effective planning for the efficient
provision of care to eligible veterans, the Secretary, based on the
analysis and recommendations of the Under Secretary for Health, shall
submit to each committee, not later than January 31 of each year, a
report regarding long-range health planning of the Department.
``(b) Each report under subsection (a) shall include the following:
``(1) A five-year strategic plan for the provision of care
under chapter 17 of this title to eligible veterans through
coordinated networks of medical facilities operating within
prescribed geographic service-delivery areas, such plan to
include provision of services for the specialized treatment and
rehabilitative needs of disabled veterans (including veterans
with spinal cord dysfunction, blindness, amputations, and
mental illness) through distinct programs or facilities of the
Department dedicated to the specialized needs of those
veterans.
``(2) A description of how planning for the networks will
be coordinated.
``(3) A profile regarding each such network of medical
facilities which identifies--
``(A) the mission of each existing or proposed
medical facility in the network;
``(B) any planned change in the mission for any
such facility and the rationale for such planned
change;
``(C) the population of veterans to be served by
the network and anticipated changes over a five-year
period and a ten-year period, respectively, in that
population and in the health-care needs of that
population;
``(D) information relevant to assessing progress
toward the goal of achieving relative equivalency in
the level of resources per patient distributed to each
network, such information to include the plans for and
progress toward lowering the cost of care-delivery in
the network (by means such as changes in the mix in the
network of physicians, nurses, physician assistants,
and advance practice nurses);
``(E) the capacity of non-Federal facilities in the
network to provide acute, long-term, and specialized
treatment and rehabilitative services (described in
section 7305 of this title), and determinations
regarding the extent to which services to be provided
in each service-delivery area and each facility in such
area should be provided directly through facilities of the Department
or through contract or other arrangements, including arrangements
authorized under sections 8111 and 8153 of this title; and
``(F) a five-year plan for construction,
replacement, or alteration projects in support of the
approved mission of each facility in the network and a
description of how those projects will improve access
to care, or quality of care, for patients served in the
network.
``(4) A status report for each facility on progress
toward--
``(A) instituting planned mission changes
identified under paragraph (3)(B);
``(B) implementing principles of managed care of
eligible veterans; and
``(C) developing and instituting cost-effective
alternatives to provision of institutional care.''; and
(3) by adding at the end the following new subsection:
``(d)(1) The Secretary shall submit to each committee, not later
than January 31 of each year, a report showing the current priorities
of the Department for proposed major medical construction projects.
Each such report shall identify the 20 projects, from within all the
projects in the Department's inventory of proposed projects, that have
the highest priority and, for those 20 projects, the relative priority
and rank scoring of each such project. The 20 projects shall be
compiled, and their relative rankings shall be shown, by category of
project (including the categories of ambulatory care projects, nursing
home care projects, and such other categories as the Secretary
determines).
``(2) The Secretary shall include in each report, for each project
listed, a description of the specific factors that account for the
relative ranking of that project in relation to other projects within
the same category.
``(3) In a case in which the relative ranking of a proposed project
has changed since the last report under this subsection was submitted,
the Secretary shall also include in the report a description of the
reasons for the change in the ranking, including an explanation of any
change in the scoring of the project under the Department's scoring
system for proposed major medical construction projects.''.
SEC. 202. REVISION TO PROSPECTUS REQUIREMENTS.
(a) Additional Information.--Section 8104(b) of title 38, United
States Code, is amended--
(1) by striking out ``shall include--'' and inserting in
lieu thereof ``shall include the following:'';
(2) in paragraph (1)--
(A) by striking out ``a detailed'' and inserting in
lieu thereof ``A detailed''; and
(B) by striking out the semicolon at the end and
inserting in lieu thereof a period;
(3) in paragraph (2)--
(A) by striking out ``an estimate'' and inserting
in lieu thereof ``An estimate''; and
(B) by striking out ``; and'' and inserting in lieu
thereof a period;
(4) in paragraph (3), by striking out ``an estimate'' and
inserting in lieu thereof ``An estimate''; and
(5) by adding at the end the following new paragraphs:
``(4) Demographic data applicable to the project, including
information on projected changes in the population of veterans
to be served by the project over a five-year period and a ten-
year period.
``(5) Current and projected workload and utilization data.
``(6) Current and projected operating costs of the
facility, to include both recurring and non-recurring costs.
``(7) The priority score assigned to the project under the
Department's prioritization methodology and, if the project is
being proposed for funding ahead of a project with a higher
score, a specific explanation of the factors other than the
priority that were considered and the basis on which the
project is proposed for funding ahead of projects with higher
priority scores.
``(8) A listing of each alternative to construction of the
facility that has been considered.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any prospectus submitted by the Secretary of
Veterans Affairs after the date of the enactment of this Act.
SEC. 203. CONSTRUCTION AUTHORIZATION REQUIREMENTS.
(a) Definition of Major Medical Facility Project.--Paragraph (3)(A)
of section 8104(a) of title 38, United States Code, is amended by
inserting before the period at the end the following: ``, and, in the
case of a project which is principally for the alteration of a medical
facility to provide additional space for provision of ambulatory care,
such term means a project involving a total expenditure of more than
$5,000,000''.
(b) Applicability of Construction Authorization Requirement.--(1)
Subsection (b) of section 301 of the Veterans' Medical Programs
Amendments of 1992 (Public Law 102-405; 106 Stat. 1984) is repealed.
(2) The amendments made by subsection (a) of such section shall
apply with respect to any major medical facility project or any major
medical facility lease of the Department of Veterans Affairs,
regardless of when funds are first appropriated for that project or
lease, except that in the case of a project for which funds were first
appropriated before October 9, 1992, such amendments shall not apply
with respect to amounts appropriated for that project for a fiscal year
before fiscal year 1997.
(c) Limitation on Obligations for Advance Planning.--Section 8104
of title 38, United States Code, is amended by adding at the end the
following new subsection:
``(f) The Secretary may not obligate funds in an amount in excess
of $500,000 from the Advance Planning Fund of the Department toward
design or development of a major medical facility project until--
``(1) the Secretary submits to the committees a report on
the proposed obligation; and
``(2) a period of 30 days has passed after the date on
which the report is received by the committees.''.
SEC. 204. TERMINOLOGY CHANGES.
(a) Definition of ``Construct''.--Section 8101(2) of title 38,
United States Code, is amended--
(1) by striking out ``working drawings'' and inserting in
lieu thereof ``construction documents''; and
(2) by striking out ``preliminary plans'' and inserting in
lieu thereof ``design development''.
(b) Parking Facilities.--Section 8109(h)(3)(B) of such title is
amended by striking out ``working drawings'' and inserting in lieu
thereof ``construction documents''.
SEC. 205. VETERANS HEALTH ADMINISTRATION HEADQUARTERS.
(a) Repeal of Statutory Specification of Organizational Services.--
The text of section 7305 of title 38, United States Code, is amended to
read as follows:
``(a) The Veterans Health Administration shall include the Office
of the Under Secretary for Health and such professional and auxiliary
services as the Secretary may find to be necessary to carry out the
functions of the Administration.
``(b) In organizing, and appointing persons to positions in, the
Office, the Under Secretary shall ensure that the Office is staffed so
as to provide the Under Secretary with appropriate expertise, including
expertise in--
``(1) unique programs operated by the Administration to
provide for the specialized treatment and rehabilitation of
disabled veterans (including blind rehabilitation, spinal cord
dysfunction, mental illness, and geriatrics and long-term
care); and
``(2) appropriate clinical care disciplines.''.
(b) Office of the Under Secretary.--Section 7306 of such title is
amended--
(1) in subsection (a)--
(A) by striking out ``and who shall be a qualified
doctor of medicine'' in paragraph (2);
(B) by striking out paragraphs (5), (6), and (7);
and
(C) by redesignating the succeeding two paragraphs
as paragraphs (5) and (6), respectively; and
(2) in subsection (b)--
(A) by striking out ``subsection (a)(3)'' and all
that follows through ``two may be'' and inserting in
lieu thereof ``subsection (a)(3), not more than two may
be'';
(B) by striking out the semicolon after ``dental
medicines'' and inserting in lieu thereof a period; and
(C) by striking out paragraphs (2) and (3).
HR 2814----2
|
TABLE OF CONTENTS:
Title I: Construction Authorization
Title II: Strategic Planning for Health Care Resources
Title I: Construction Authorization
- Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects, in specified amounts, in Florida, California, Pennsylvania, Illinois, Indiana, Maryland, North Carolina, Texas, and Arizona. Provides an obligation limitation with respect to two outpatient clinic projects.
(Sec. 102) Authorizes the Secretary to enter into leases for two medical facilities in Florida and New York, in specified amounts.
(Sec. 103) Authorizes appropriations to the Secretary for FY 1996 for two Construction, Major Projects, accounts and for the Medical Care account, in specified amounts, with a limitation.
(Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the health care needs of veterans in east central Florida. Prohibits the obligation of funds for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, until such report is submitted.
Title II: Strategic Planning for Health Care Resources
- Directs the Secretary, based on an analysis and recommendations of the Under Secretary for Health, to submit to the veterans' committees an annual report regarding long-range health planning of the Department of Veterans Affairs. Directs the Secretary to report annually to such committees showing the current Department priorities (listing the top 20) for proposed major medical construction projects.
(Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities.
(Sec. 203) States that the definition of "major medical facility project" shall include a project involving a total expenditure of more than $5 million in the case of a project which is principally for the alteration of a medical facility in order to provide additional space for the provision of ambulatory care. Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until the Secretary submits a report to the veterans' committees on the proposed obligation and 30 days have passed since the receipt of such report.
(Sec. 205) Requires the Veterans Health Administration (VHA) to include such professional and auxiliary services as the Secretary finds necessary to carry out VHA functions. Requires the Under Secretary for Health to ensure that his office is staffed so as to provide appropriate expertise. Amends Federal provisions concerning the Office of the Under Secretary to: (1) repeal the requirement that the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) no longer require such Office to include a Director of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) no longer require one Assistant Under Secretary for Health to be a qualified doctor of dental surgery or dental medicine and another to be a qualified physician trained in geriatrics.
|
{"src": "billsum_train", "title": "To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 1996, and for other purposes."}
| 3,606 | 737 | 0.580612 | 2.130543 | 0.792211 | 3.12098 | 5.240429 | 0.888208 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faster Care for Veterans Act of
2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In June 2014, an internal audit conducted by the
Department of Veterans Affairs found more than 120,000 veterans
waited at least 90 days for appointments for health care or
never received appointments.
(2) One year following such audit, and despite the
Department handling more appointments than in previous years,
reports indicate that the number of veterans waiting 30 days or
more for health care increased by 50 percent.
(3) In 2008, the Inspector General of the Department of
Veterans Affairs estimated that 18 percent of outpatient
appointment slots went unfilled because of patient no-shows or
because facility personnel did not refill canceled
appointments.
(4) Wait times are not unique to the Department of Veterans
Affairs. The average wait time in the private sector is more
than 18 days, but private sector hospitals and health systems
are now leveraging technology to eliminate wait times and
ensure that every available appointment is used.
(5) In June 2015, the Institute of Medicine of the National
Academy of Sciences called for a patient-oriented scheduling
platform that allows patients to self-schedule care online at
any time.
SEC. 3. PILOT PROGRAM ESTABLISHING A PATIENT SELF-SCHEDULING
APPOINTMENT SYSTEM.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot program under which veterans use an Internet website to
schedule and confirm appointments for health care at medical facilities
of the Department of Veterans Affairs.
(b) Selection of Locations.--The Secretary shall select not fewer
than three Veterans Integrated Services Networks in which to carry out
the pilot program under subsection (a).
(c) Contracts.--
(1) Authority.--The Secretary shall seek to enter into a
contract with one or more contractors that are able to meet the
criteria under paragraph (3) to provide the scheduling and
confirmation capability described in subsection (a).
(2) Notice of competition.--
(A) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
issue a request for proposals for the contract
described in paragraph (1).
(B) Open request.--The request for proposals issued
under subparagraph (A) shall be full and open to any
contractor that is able to meet the criteria under
paragraph (3).
(3) Selection of vendors.--Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
enter into a contract with one or more contractors that have an
existing commercially available online patient self-scheduling
capability that--
(A) allows patients to self-schedule, confirm, and
modify outpatient and specialty care appointments in
real time through an Internet website;
(B) makes available, in real time, any appointments
that were previously filled but later canceled by other
patients; and
(C) allows patients to use the online scheduling
capability 24 hours per day, seven days per week.
(4) Integration with existing infrastructure.--The
Secretary shall ensure that a contractor awarded a contract
under this section is able to integrate the online scheduling
capability of the contractor with the Veterans Health
Information Systems and Technology Architecture of the
Department.
(d) Duration of Pilot Program.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall carry out the pilot program under subsection
(a) during the 18-month period beginning on the commencement of
the pilot program.
(2) Extension.--The Secretary may extend the duration of
the pilot program under subsection (a), and may expand the
selection of Veterans Integrated Services Networks under
subsection (b), if the Secretary determines that the pilot
program is reducing the wait times of veterans seeking health
care from the Department and ensuring that more available
appointment times are filled.
(e) Report.--Not later than one year after commencing the pilot
program under subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
outcomes of the pilot program, including--
(1) whether the pilot program demonstrated--
(A) improvements to the ability of veterans to
schedule appointments for the receipt of health care
from the Department; and
(B) a reduction in wait times for such
appointments; and
(2) such recommendations for expanding the pilot program to
additional Veterans Integrated Services Networks as the
Secretary considers appropriate.
(f) Use of Amounts Otherwise Appropriated.--No additional amounts
are authorized to be appropriated to carry out the pilot program under
subsection (a) and such pilot program shall be carried out using
amounts otherwise made available to the Secretary of Veterans Affairs
for the medical support and compliance account of the Veterans Health
Administration.
|
Faster Care for Veterans Act of 2016 This bill directs the Department of Veterans Affairs (VA) to begin an 18-month pilot program in at least three Veterans Integrated Service Networks (VISNs) under which veterans use an Internet website to schedule and confirm appointments at VA medical facilities. The pilot program's duration may be extended and the number of VISNs may be increased.
|
{"src": "billsum_train", "title": "Faster Care for Veterans Act of 2016"}
| 1,049 | 81 | 0.49796 | 1.268816 | 0.84939 | 2.971831 | 14.43662 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enron Employee Pension Recovery Act
of 2002''.
SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF.
(a) Proceeds of Enron and Andersen Enforcement Actions.--If in any
administrative or judicial proceeding brought by the Securities and
Exchange Commission against--
(1) the Enron Corporation, any subsidiary or affiliate of
such Corporation, or any officer, director, or principal
shareholder of such Corporation, subsidiary, or affiliate for
any violation of the securities laws; or
(2) Arthur Andersen L.L.C., any subsidiary or affiliate of
Arthur Andersen L.L.C., or any general or limited partner of
Arthur Andersen L.L.C., or such subsidiary or affiliate, for
any violation of the securities laws with respect to any
services performed for or in relation to the Enron Corporation,
any subsidiary or affiliate of such Corporation, or any
officer, director, or principal shareholder of such
Corporation, subsidiary, or affiliate;
the Commission obtains an order providing for an accounting and
disgorgement of funds, such disgorgement fund (including any addition
to such fund required or permitted under this section) shall be
allocated in accordance with the requirements of this section.
(b) Priority for Former Enron Employees.--The Commission shall, by
order, establish an allocation system for the disgorgement fund. Such
system shall provide that, in allocating the disgorgement fund amount
the victims of the securities laws violations described in subsection
(a), the first priority shall be given to individuals who were employed
by the Enron Corporation, or a subsidiary or affiliate of such
Corporation, and who were participants in an individual account plan
established by such Corporation, subsidiary, or affiliate. Such
allocations among such individuals shall be in proportion to the extent
to which the nonforfeitable accrued benefit of each such individual
under the plan was invested in the securities of such Corporation,
subsidiary, or affiliate.
(c) Addition of Civil Penalties.--If, in any proceeding described
in subsection (a), the Commission assesses and collects any civil
penalty, the Commission shall, notwithstanding sections 21(d)(3)(C)(i),
21A(d)(1), or any other provision of the securities laws, be payable to
the disgorgement fund.
(d) Acceptance of Federal Campaign Contributions.--
(1) In general.--Section 313 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting
before ``or may be used'' the following: ``may be transferred
to any disgorgement fund which is required to be allocated in
accordance with the requirements of the Enron Employee Pension
Recovery Act of 2002,''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts received by a candidate
at any time before, on, or after the date of the enactment of
this Act.
(e) Acceptance of Additional Donations.--The Commission is
authorized to accept, hold, administer, and utilize gifts, bequests and
devises of property, both real and personal, to the United States for
the disgorgement fund. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the disgorgement fund and shall be
available for allocation in accordance with subsection (b).
(f) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities Exchange Commission.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 78a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), and
the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa
et seq.).
(3) Disgorgement fund.--The term ``disgorgement fund''
means a disgorgement fund established in any administrative or
judicial proceeding described in subsection (a).
(4) Subsidiary or affiliate.--The term ``subsidiary or
affiliate'' when used in relation to a person means any entity
that controls, is controlled by, or is under common control
with such person.
(5) Officer, director, or principal shareholder.--The term
``officer, director, or principal shareholder'' when used in
relation to the Enron Corporation, or any subsidiary or
affiliate of such Corporation, means any person that is subject
to the requirements of section 16 of the Securities Exchange
Act of 1934 (15 U.S.C. 78p) in relation to the Enron
Corporation, or any subsidiary or affiliate of such
Corporation.
(6) Nonforfeitable; accrued benefit; individual account
plan.--The terms ``nonforfeitable'', ``accrued benefit'', and
``individual account plan'' have the meanings provided such
terms, respectively, in paragraphs (19), (23), and (34) of
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(19), (23), (34)).
|
Enron Employee Pension Recovery Act of 2002 - Sets forth a priority allocation scheme requiring the Securities and Exchange Commission (SEC) to distribute to former Enron, subsidiary, or affiliate employees the proceeds from any administrative or judicial order brought for securities violations against the Enron Corporation or Arthur Andersen L.L.C., or any of their subsidiaries, affiliates, officers, directors, or principal shareholders for an accounting or disgorgement of funds (including any civil penalty assessments).Amends the Federal Election Campaign Act of 1971 to authorize the transfer of Federal campaign contributions to such disgorgement fund.Authorizes the SEC to accept donations to the United States for such fund.
|
{"src": "billsum_train", "title": "To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes."}
| 1,268 | 150 | 0.653173 | 1.94105 | 0.730848 | 2.333333 | 9.025641 | 0.82906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Message Preservation Act
of 2015''.
SECTION 2. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER RECORDS.
(a) Requirement for Preservation of Electronic Messages.--Chapter
29 of title 44, United States Code is amended by adding at the end the
following new section:
``Sec. 2912. Preservation of electronic messages and other records
``(a) Regulations Required.--Not later than 120 days after the date
of the enactment of this section, the Archivist shall promulgate
regulations governing Federal agency preservation of electronic
messages that are determined to be records (as such term is defined
under section 3301 of this title). Such regulations shall, at a
minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33 of this title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches; and
``(3) include timelines for Federal agency compliance with
the regulations that ensure compliance as expeditiously as
practicable but not later than December 31, 2016.
``(b) Ensuring Compliance.--Not later than 2 years after the date
of the enactment of this section, the Archivist shall promulgate
regulations that--
``(1) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2) of subsection
(a); and
``(2) establish a process to ensure that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (1).
``(c) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsections (a) and (b)
shall also include requirements for the capture, management, and
preservation of other electronic records.
``(d) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsections (a) and (b).
``(e) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsections (a) and (b).
``(f) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than December
31, 2017, the head of each Federal agency shall submit to the
Archivist a report on the agency's compliance with the
regulations promulgated under this section and shall make the
report publicly available on the website of the agency.
``(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report on Federal agency compliance with the regulations
promulgated under subsection (a) and shall make the report
publicly available on the website of the agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 29 of title 44, United States Code, is amended by adding after
the item relating to section 2911 the following new item:
``2912. Preservation of electronic messages and other
records.''.
(c) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14); and
(2) by striking paragraph (15) and inserting the following
new paragraphs:
``(15) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(16) the term `electronic records management system'
means software designed to manage electronic records, including
by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) ensuring the storage, retrieval, and
disposition of records.''.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, 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:
``(5) provisions for establishing standards necessary for
the economical and efficient management of electronic
Presidential records during the President's term of office,
including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to ensure the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definitions.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(6) The term `electronic messages' has the meaning given
that term under section 2901(15) of this title.
``(7) The term `electronic records management system' has
the meaning given that term under section 2901(16) of this
title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2210. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the electronic records management controls established by the
President meet requirements under sections 2203(a) and 2206(5) of this
title.
``(b) Report to Congress.--The Archivist shall report annually to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives on the status of the certification.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, is
amended by adding at the end the following new item:
``2210. Certification of the President's management of
Presidential records.''.
(c) Report to Congress.--Section 2203(g) of title 44, United States
Code, is amended by adding at the end the following:
``(4) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms one year following
the conclusion of the last term, the Archivist shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report on--
``(A) the volume and format of electronic Presidential
records deposited into that President's Presidential archival
depository; and
``(B) whether the electronic records management controls of
that President met the requirements under sections 2203(a) and
2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
|
. Electronic Message Preservation Act of 2015 (Sec. 2) This bill requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Such regulations, at a minimum, shall: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; and (3) include timelines for federal agency compliance with the regulations that ensure compliance not later than December 31, 2016. The Archivist shall promulgate regulations not later than two years after the enactment of this Act that: (1) establish mandatory minimum functional requirements for electronic records management systems and a process to ensure that such systems meet the functional requirements; and (2) include requirements for the capture, management, and preservation of other electronic records. The bill defines "electronic records management system" as software designed to manage electronic records, including by categorizing and locating records, ensuring that records are retained as long as necessary, identifying records that are due for disposition, and ensuring the storage, retrieval, and disposition of records. Federal agency heads must report to the Archivist on agency compliance with the regulations promulgated by this Act and make such reports publicly available on the agency's website. (Sec. 3) The bill requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification. The Archivist must report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of electronic presidential records deposited into the presidential archival depository, and (2) whether electronic records management controls of a President met the requirements of this Act and the Presidential Records Act.
|
{"src": "billsum_train", "title": "Electronic Message Preservation Act of 2015"}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Device Competition Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Given the increasing costs of health care in the United
States, there is a compelling public interest in ensuring that
there is full and free competition in the medical device and
hospital supply industries so that the best and safest products
are available to physicians and patients at a competitive
price.
(2) By aggregating purchases, hospital group purchasing can
reduce the cost of acquiring medical equipment and hospital
supplies so long as such purchasing is done in a manner
consistent with antitrust law and free competition.
(3) Some practices engaged in by certain hospital group
purchasing organizations have had the effect of reducing
competition in the medical device and hospital supply
industries by denying some suppliers and device makers access
to the hospital marketplace.
(4) There is a compelling public interest in having the
Secretary of Health and Human Services, in consultation with
the Attorney General and Federal Trade Commission, engage in
oversight and supervision of the current Federal health care
program anti-kickback exemption (also known as the safe harbor)
provided to group purchasing organizations under subparagraphs
(C) and (E) of section 1128B(b)(3) of the Social Security Act
(42 U.S.C. 1320a-7b(b)(3)). This oversight and supervision
should ensure that the safe harbor does not shield conduct that
harms competition in the hospital supply and medical device
industries.
SEC. 3. ENSURING FULL AND FREE COMPETITION.
(a) In General.--Section 1128B(b)(3)(C) of the Social Security Act
(42 U.S.C. 1320a-7b(b)(3)(C)) is amended--
(1) in clause (i), by striking ``, and'' at the end and
inserting a semicolon; and
(2) by adding at the end the following new clauses:
``(iii) the contracting, business, and
ethical practices of the person are not
inconsistent with regulations promulgated by
the Secretary pursuant to subsection (g)(1);
``(iv) the person has been certified by the
Secretary under subsection (g)(2) to be in
compliance with the regulations promulgated
pursuant to subsection (g)(1); and
``(v) the amount to be paid the person does
not exceed a total of 3 percent of the purchase
price of the goods or services provided by that
vendor;''.
(b) Regulations.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended by adding at the end the following new
subsection:
``(g)(1)(A) The Secretary, in consultation with the Attorney
General and the Federal Trade Commission, shall, not later than 1 year
after the date of enactment of the Medical Device Competition Act of
2004, issue proposed regulations, and shall, not later than 2 years
after such date of enactment, promulgate final regulations, specifying
contracting, business, and ethical practices of persons described in
paragraph (4) that are contrary to antitrust law and competitive
principles, to ethical standards, or to the goal of ensuring that
products necessary for proper patient care or worker safety are readily
available to physicians, health care workers, and patients.
``(B) In issuing and promulgating regulations under subparagraph
(A), the Secretary shall take into account--
``(i) the compelling public policy goals of--
``(I) encouraging competition and innovation in the
hospital supply and medical device markets; and
``(II) reducing the cost of health care as a result
of aggregating buying power;
``(ii) the potentially detrimental impact of certain
anticompetitive contracting practices; and
``(iii) the need to avoid conflicts of interests and other
unethical practices by persons described in paragraph (4).
``(2) The Secretary, in consultation with the Attorney General and
the Federal Trade Commission, shall establish procedures for annually
certifying that persons described in paragraph (4) are in compliance
with the final regulations promulgated pursuant to paragraph (1).
``(3) The Secretary, in consultation with the Attorney General and
Federal Trade Commission, shall, not less than 6 months after the date
of enactment of the Medical Device Competition Act of 2004, issue
proposed regulations, and shall, not later than 1 year after such date
of enactment, promulgate final regulations, to clarify its regulations
promulgated pursuant to section 14(a) of the Medicare and Medicaid
Patient and Program Protection Act of 1987 to specify that the
definition of `remuneration' under this section with respect to persons
described in paragraph (4)--
``(A) includes only those reasonable costs associated with
the procurement of products and the administration of valid
contracts; and
``(B) does not include marketing costs, any extraneous
fees, or any other payment intended to unduly or improperly
influence the award of a contract based on factors other than
the cost, quality, safety, or efficacy of the product.
``(4) A person described in this paragraph is a person authorized
to act as a purchasing agent for a group of individuals or entities who
are furnishing services reimbursable under a Federal health care
program.''.
(c) Definition of Purchasing Agent.--Section 1128B of the Social
Security Act (42 U.S.C. 1320a-7b), as amended by subsection (b), is
amended by adding at the end the following new subsection:
``(h) For purposes of this section, the term `purchasing agent'
means any individual, organization, or other entity that negotiates and
implements contracts to purchase hospital supplies or medical
equipment, devices, products, or goods or services of any kind for any
group of individuals or entities who are furnishing services
reimbursable under a Federal health care program, including
organizations commonly known as `group purchasing organizations'.''.
(d) Effective Date.--Clause (v) of section 1128B(b)(3)(C) of the
Social Security Act (42 U.S.C. 1320a-7b(b)(3)(C)), as added by
subsection (a), shall take effect 1 year after the date of enactment of
this Act.
|
Medical Device Competition Act of 2004 - Amends title XI of the Social Security Act with respect to competition in the medical device and hospital supply industries.
Adds a new requirement to the criteria for exemption from criminal penalties for illegal remunerations accorded to any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under a Federal health care program. Requires, in addition to a written contract specifying the amount to be paid, and service provider disclosure of the amount received from a vendor, that: (1) the contracting, business, and ethical practices of the purchasing agent be not inconsistent with regulations promulgated by the Secretary of Health and Human Services; (2) the purchasing agent be certified to be in compliance with such regulations; and (3) the amount to be paid the purchasing agent does not exceed a total of three percent of the purchase price of the goods or services provided by that vendor.
Directs the Secretary to promulgate regulations specifying the contracting, business, and ethical practices of an authorized purchasing agent that are contrary to antitrust law and competitive principles, to ethical standards, or to the goal of ensuring that products necessary for proper patient care or worker safety are readily available to physicians, health care workers, and patients.
|
{"src": "billsum_train", "title": "A bill to amend title XI of the Social Security Act to ensure full and free competition in the medical device and hospital supply industries."}
| 1,390 | 290 | 0.55244 | 1.715392 | 0.654678 | 5.166667 | 4.868217 | 0.910853 |
SECTION 1. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE
PURCHASE OR CONSTRUCTION OF HOMES.
Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38,
United States Code, are each amended by striking out ``$46,000'' and
inserting in lieu thereof ``$50,750''.
SEC. 2. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS
GUARANTEED UNDER TITLE 38.
(a) In General.--(1) Chapter 37 of title 38, United States Code, is
amended by inserting after section 3714 the following new section:
``Sec. 3715. Loans to refinance delinquent indebtedness
``(a)(1) The Secretary may, at the Secretary's option, provide
assistance to a veteran under this section for the purpose of avoiding
the foreclosure of a housing loan made to that veteran and guaranteed
by the Secretary under section 3710 or 3712 of this title (hereinafter
in this section referred to as a `primary loan').
``(2) Assistance under this section shall be in the form of a loan
to the veteran. Such assistance may be provided only if--
``(A) the dwelling that secures the primary loan is the
current residence of the veteran and is occupied by the veteran
as the veteran's home;
``(B) the veteran is delinquent in payments on that primary
loan and the holder has submitted the notice of default as
required by section 3732(a)(2) and is unwilling to grant
forbearance;
``(C) the veteran has lost employment or has encountered
circumstances beyond his control which affect his ability to
maintain mortgage payments; and
``(D) the Secretary determines that there is a reasonable
prospect that the veteran will be able to resume payment on the
primary loan within six months after receiving assistance under
this section.
``(3) For the purposes of this section, the term `veteran' includes
the surviving spouse of a veteran if the surviving spouse was a co-
obligor of the primary loan.
``(b)(1) A loan under this section shall be advanced to the holder
of the primary loan. The amount of the loan under this subsection shall
first be applied to the amount delinquent on the loan guaranteed under
this chapter including any amount delinquent on taxes, assessments,
hazard insurance, and late charges required by the holder to be
included in the veteran's monthly payment on the mortgage. Any
remaining amount of such loan shall be retained by the holder and shall
be applied to future payments, including taxes, assessments, and hazard
insurance, due on the loan and unpaid (in whole or in part) on the date
the payment becomes due.
``(2) The Secretary may make more than one loan under this section
to a veteran. The total amount of loans under this section to any
veteran may not exceed $10,000.
``(c) A loan under this section--
``(1) shall bear no interest until the date on which
payments on the primary loan (including amounts for taxes,
assessments, hazard insurance, and late charges required by the
holder to be included in the veteran's monthly payment on the
mortgage) are current, and thereafter shall bear interest at a
rate determined by the Secretary;
``(2) shall be secured by a lien on the property securing
the primary loan and by such other security as the Secretary
may require; and
``(3) shall be subject to such additional terms and
conditions as the Secretary may require.
``(d) As a condition of receiving a loan under this section the
veteran shall execute an agreement, in such form as the Secretary may
prescribe, to repay the loan within a reasonable period of time, as
determined by the Secretary, not to exceed 15 years from the date on
which such loan is made. If the Secretary determines that the veteran
has sufficient income or other resources to do so, the Secretary may
require the veteran to make partial payments on the primary loan
guaranteed under this chapter during the period the holder of that loan
is applying the amount of the loan under this section to payments
becoming due on the primary loan.
``(e) Notwithstanding any other law, the Secretary may employ
attorneys to bring suit to collect any amount of a loan under this
section on which the veteran to whom the loan is made is in default.
``(f) The Secretary's decisions on any question of law or fact
regarding assistance under this section, including whether or not to
grant such assistance and the terms and conditions under which such
assistance is granted or not granted, shall be final and conclusive,
and no other official or any court of the United States shall have
power or jurisdiction to review any such decision by an action in the
nature of mandamus or otherwise.
``(g) A loan under this section shall be made from the fund
established under section 3724 or 3725 of this title that is available
with respect to the primary loan in connection with which the loan is
made under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3714 the
following new item:
``3715. Loans to refinance delinquent indebtedness.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 60-day period beginning on the date of
the enactment of this Act.
SEC. 3. FINANCING OF DISCOUNT POINTS.
Section 3703(c)(4)(B) of title 38, United States Code, is amended
in the second sentence by striking out ``Discount'' and inserting in
lieu thereof ``Except in the case of a loan for the purpose specified
in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this
title, discount''.
SEC. 4. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES.
Section 3707(b)(2) of title 38, United States Code, is amended by
striking out ``on the anniversary of the date on which the loan was
closed''.
SEC. 5. CEMETERY PLOT ALLOWANCE FOR VETERANS ELIGIBLE FOR BURIAL IN A
NATIONAL CEMETERY BUT INTERRED IN A STATE VETERANS
CEMETERY.
Section 2303 of title 38, United States Code, is amended by adding
at the end thereof the following:
``(c) In addition to the benefits provided for under section 2302
of this title and subsection (a) of this section, in the case of a
veteran who--
``(1) is eligible for burial in a national cemetery under
section 2402 of this title, and
``(2) is buried (without charge for the cost of a plot or
interment) in a cemetery, or a section of a cemetery, that (A)
is used solely for the interment of persons eligible for burial
in a national cemetery, and (B) is owned by a State or by an
agency or political subdivision of a State,
the Secretary shall pay to such State, agency, or political subdivision
the sum of $150 as a plot or interment allowance for such veteran.''.
SEC. 6. INCREASE IN FEDERAL AID TO STATES VETERANS' CEMETERIES.
Paragraphs (1) and (2) of section 2408(b) are each amended by
striking out ``50 percent'' and inserting in lieu thereof ``65
percent.''.
SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY
GRANT PROGRAM.
Paragraph (2) of section 2408(a) of title 38, United States Code,
is amended by striking out ``nine'' and inserting in lieu thereof
``fourteen''.
SEC. 8. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VETERANS
COMPREHENSIVE SERVICE PROGRAMS ACT OF 1992.
Section 12 of the Homeless Veterans Comprehensive Service Programs
Act of 1992 (38 U.S.C. 7721 note) is amended by striking out the second
sentence.
Passed the House of Representatives September 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
|
Increases from $46,000 to $50,750 the amount of the loan guaranty by the Department of Veterans Affairs for loans to qualifying veterans for the purchase or construction of homes.
Authorizes the Secretary of Veterans Affairs to provide financial assistance to veterans for the purpose of avoiding foreclosure on a mortgage loan made and guaranteed by the Department. Provides conditions for such assistance. Allows the Secretary to make more than one loan to a veteran, but limits the per-veteran total to $10,000. Requires repayment of all such financial assistance provided.
Makes a technical correction relating to the financing of discount points for certain veterans' loans.
Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department occur on the anniversary of the date on which the loan was closed.
Provides a $150 cemetery plot allowance, payable to a State or appropriate political subdivision, in the case of a veteran who is eligible for burial in a national cemetery and is buried in a cemetery used solely for the burial of persons eligible for burial in national cemeteries and owned by a State or its political subdivision.
Increases the amount authorized to be paid by the Secretary to a State for establishing, expanding, or improving veterans' cemeteries owned by such State from 50 to 65 percent of the total value and cost of such construction or improvements. Extends the authorization of appropriations for such program through FY 1999.
Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to delete a provision which limits grant funds provided under such Act to 65 percent of the estimated cost of expanding and improving the provision of Department benefits and services to homeless veterans.
|
{"src": "billsum_train", "title": "To amend title 38, United States Code, to increase the amount of the loan guaranty for loans for the purchase or construction of homes."}
| 1,874 | 356 | 0.540228 | 1.752162 | 0.734296 | 2.397476 | 5.214511 | 0.826498 |
SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL
ACQUISITION OF REAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702) is amended by adding at the end the following new
subsections:
``(g) Former Districts.--
``(1) In general.--Where the school district of any local
educational agency described in paragraph (2) is formed at any
time after 1938 by the consolidation of two or more former
school districts, such agency may elect (at any time such
agency files an application under section 8005) for any fiscal
year to have (A) the eligibility of such local educational
agency, and (B) the amount which such agency shall be eligible
to receive, determined under this section only with respect to
such of the former school districts comprising such
consolidated school districts as such agency shall designate in
such election.
``(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is any local
educational agency that, for fiscal year 1994 or any preceding
fiscal year, applied for and was determined eligible under
section 2(c) of the Act of September 30, 1950 (Public Law 874,
81st Congress) as such section was in effect on September 30,
1994.
``(h) Hold-Harmless Amounts.--
``(1) In general.--Except as provided in paragraph (2)(A),
the total amount that the Secretary shall pay a local
educational agency under subsection (b)--
``(A) for fiscal year 1995 shall not be less than
85 percent of the amount such agency received for
fiscal year 1994 under section 2 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as
such section was in effect on September 30, 1994; or
``(B) for fiscal year 1996 shall not be less than
85 percent of the amount such agency received for
fiscal year 1995 under subsection (b).
``(2) Ratable reductions.--(A)(i) If necessary in order to
make payments to local educational agencies in accordance with
paragraph (1) for any fiscal year, the Secretary first shall
ratably reduce payments under subsection (b) for such year to
local educational agencies that do not receive a payment under
this subsection for such year.
``(ii) If additional funds become available for making
payments under subsection (b) for such year, then payments that
were reduced under clause (i) shall be increased on the same
basis as such payments were reduced.
``(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to
receive under paragraph (1) after the application of
subparagraph (A) for such year, then the Secretary shall
ratably reduce payments under paragraph (1) to all such
agencies for such year.
``(ii) If additional funds become available for making
payments under paragraph (1) for such fiscal year, then
payments that were reduced under clause (i) shall be increased
on the same basis as such payments were reduced.''.
SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.
(a) Payments.--Notwithstanding any other provision of law--
(1) the Bonesteel-Fairfax School District Number 26-5,
South Dakota, and the Wagner Community School District Number
11-4, South Dakota, shall be eligible to apply for payment for
fiscal year 1994 under section 3(d)(2)(B) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on September 30, 1994); and
(2) the Secretary of Education shall use a subgroup of 10
or more generally comparable local educational agencies for the
purpose of calculating a payment described in paragraph (1),
and the local contribution rate applicable to such payment, for
a local educational agency described in such paragraph.
(b) Application.--In order to be eligible to receive a payment
described in subsection (a), a school district described in such
subsection shall apply for such payment within 30 days after the date
of enactment of this Act.
(c) Construction.--Nothing in this section shall be construed to
require a local educational agency that received a payment under
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect on September 30, 1994)
for fiscal year 1994 to return such payment or a portion of such
payment to the Federal Government.
SEC. 3. MAXIMUM PAYMENTS.
Subparagraph (B) of section 8003(f)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)) is amended to
read as follows:
``(B) Special rule.--The Secretary shall determine
the maximum amount that a local educational agency
described in clause (ii) or (iii) of paragraph (2)(A)
may receive under this subsection in accordance with
the following computations:
``(i) The Secretary shall multiply the
average per-pupil expenditure for all States by
0.7, except that such amount may not exceed 125
percent of the average per-pupil expenditure
for all local educational agencies in the
State.
``(ii) The Secretary shall next multiply
the product determined under clause (i) by the
number of students who are served by the local
educational agency and described in
subparagraph (A) or (B) of subsection (a)(1).
``(iii) The Secretary shall next subtract
the total amount of payments received by the
local educational agency under subsections (b)
and (d) for a fiscal year from the amount
determined under clause (ii).''.
Passed the Senate December 22, 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.
|
Amends the Elementary and Secondary Education Act of 1965 regarding impact aid payments.
Provides hold-harmless payment amounts for impact-aid payments relating to Federal acquisition of real property. Provides that no eligible local educational agency shall receive less than 85 percent of the preceding year's amount in such a payment for any fiscal year. Provides for ratable reductions and increases in certain types of impact-aid payments in specified circumstances.
Allows two specified school districts in South Dakota to claim eligibility as heavily-impacted districts for the current year, and amend their applications for increased payments.
Revises provisions with respect to maximum payments for certain heavily impacted local educational agencies.
|
{"src": "billsum_train", "title": "A bill to amend the Impact Aid program to provide for hold-harmless with respect to amounts for payments relating to the Federal acquisition of real property, to permit certain local educational agencies to apply for increased payments for fiscal year 1994 under the Impact Aid program, and to amend the Impact Aid program to make a technical correction with respect to maximum payments for certain heavily impacted local educational agencies."}
| 1,289 | 141 | 0.520516 | 1.347714 | 0.668835 | 2.125 | 9.460938 | 0.734375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Underserved Adult and Adolescent
Immunization Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) While the United States achieved record levels of
immunization in the 1990s and childhood immunization coverage
has dramatically increased, certain problems persist within the
national immunization system. The Nation still needs to address
persistent disparities in childhood levels of immunization
coverage in high-poverty areas. In addition, immunization
coverage rates for adults are well below those achieved for
childhood immunizations. Thus, there is a vital need to step up
our activities to immunize underserved adults and adolescents.
(2) Presently, many at-risk adults and adolescents are not
getting the vaccines they need, such as influenza,
pneumococcal, hepatitis B, chickenpox and mennigitis vaccine.
Moreover, adolescents and certain adult subpopulations
(minorities, seniors, the uninsured, persons with chronic
diseases) have significantly lower coverage.
(3) This past season's shortage of influenza vaccine
emphasized that the United States has no comprehensive flu
vaccination plan. Delays in vaccine production and a haphazard
distribution system creates shortages, and drives up vaccine
prices. This past season, much of the available vaccine went to
programs that immunize mostly lower-risk people (colleges,
workplaces, shopping malls), leaving out the elderly and sick,
for whom immunization could make the difference between life or
death.
(4) Vaccine-preventable diseases in adults cause staggering
deaths and illnesses. Each year, about 20,000 Americans die due
to influenza or influenza-related pneumonia. Over 90 percent of
the deaths occur in persons aged 65 years and older. Moreover,
pneumonia and influenza together are the fifth leading cause of
death among older adults. The Centers for Disease Control and
Prevention estimates that the overall cost to society from
these vaccine-preventable diseases of adults exceeds $10
billion per year.
(5) The problem is exacerbated by the fact that Federal
resources for immunizations have decreased over the last five
years. This unpredictable funding has created uncertainty in
State and local planning efforts. Increasingly, State health
departments are facing difficulties in monitoring the
effectiveness of immunizations, since the majority of vaccines
are delivered in private health care facilities. Thus, long-
range data collection, assessment of immunization rates and
strategic planning efforts have suffered.
SEC. 3. PROGRAM FOR INCREASING IMMUNIZATION RATES FOR ADULTS AND
ADOLESCENTS; COLLECTION OF ADDITIONAL IMMUNIZATION DATA.
(a) Activities of Centers for Disease Control and Prevention.--
Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j)) is
amended by adding at the end the following paragraphs:
``(3)(A) For the purpose of carrying out activities toward
increasing immunization rates for adults and adolescents through the
immunization program under this subsection, and for the purpose of
carrying out subsection (k)(2), there are authorized to be appropriated
$50,000,000 for fiscal year 2002, and such sums as may be necessary for
each of the fiscal years 2003 through 2005. Such authorization is in
addition to amounts available under paragraphs (1) and (2) for such
purposes.
``(B) In expending amounts appropriated under subparagraph (A), the
Secretary shall give priority to adults and adolescents who are
medically underserved and are at risk for vaccine-preventable diseases,
including as appropriate populations identified through projects under
subsection (k)(2)(E).
``(C) The purposes for which amounts appropriated under
subparagraph (A) are available include (with respect to immunizations
for adults and adolescents) payment of the costs of storing vaccines,
outreach activities to inform individuals of the availability of the
immunizations, and other program expenses necessary for the
establishment or operation of immunization programs carried out or
supported by States or other public entities pursuant to this
subsection.
``(4) The Secretary shall annually submit to the Congress a report
that--
``(A) evaluates the extent to which the immunization system
in the United States has been effective in providing for
adequate immunization rates for adults and adolescents, taking
into account the applicable year 2010 health objectives
established by the Secretary regarding the health status of the
people of the United States; and
``(B) describes any issues identified by the Secretary that
may affect such rates.
``(5) In carrying out this subsection and paragraphs (1) and (2) of
subsection (k), the Secretary shall consider recommendations regarding
immunizations that are made in reports issued by the Institute of
Medicine.''.
(b) Research, Demonstrations, and Education.--Section 317(k) of the
Public Health Service Act (42 U.S.C. 247b(k)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following
paragraph:
``(2) The Secretary, directly and through grants under
paragraph (1), shall provide for a program of research,
demonstration projects, and education in accordance with the
following:
``(A) The Secretary shall coordinate with public
and private entities (including nonprofit private
entities), and develop and disseminate guidelines,
toward the goal of ensuring that immunizations are
routinely offered to adults and adolescents by public
and private health care providers.
``(B) The Secretary shall cooperate with public and
private entities to obtain information for the annual
evaluations required in subsection (j)(4)(A).
``(C) The Secretary shall (relative to fiscal year
2001) increase the extent to which the Secretary
collects data on the incidence, prevalence, and
circumstances of diseases and adverse events that are
experienced by adults and adolescents and may be
associated with immunizations, including collecting
data in cooperation with commercial laboratories.
``(D) The Secretary shall ensure that the entities
with which the Secretary cooperates for purposes of
subparagraphs (A) through (C) include managed care
organizations, community based organizations that
provide health services, and other health care
providers.
``(E) The Secretary shall provide for projects to
identify racial and ethnic minority groups and other
health disparity populations for which immunization
rates for adults and adolescents are below such rates
for the general population, and to determine the
factors underlying such disparities.''.
|
Underserved Adult and Adolescent Immunization Act of 2001 - Amends the Public Health Service Act to authorize appropriations for FY 2002 through 2005 for project grants for preventive health services. Directs the Secretary of Health and Human Services to give priority to adults and adolescents who are medically underserved and at risk for vaccine-preventable diseases. Specifies that the purposes for which such amounts appropriated are available include (with respect to immunizations for adults and adolescents) payment of the costs of storing vaccines, outreach activities, and other program expenses necessary for the establishment or operation of immunization programs.Directs the Secretary to: (1) coordinate with public and private entities, and develop and disseminate guidelines, to ensure that immunizations are routinely offered to adults and adolescents by public and private health care providers; (2) cooperate with public and private entities to obtain information for required annual evaluations; (3) increase (relative to FY 2001) the extent to which the Secretary collects data on the incidence, prevalence, and circumstances of diseases and adverse events that are experienced by adults and adolescents that may be associated with immunizations; (4) ensure that the entities with which the Secretary cooperates include managed care organizations, community based organizations that provide health services, and other health care providers; and (5) provide for projects to identify racial and ethnic minority groups and other health disparity populations for which immunization rates for adults and adolescents are below such rates for the general population, and to determine the factors underlying such disparities.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for increased funding for the Centers for Disease Control and Prevention to carry out activities toward increasing the number of medically underserved, at-risk adults and adolescents who are immunized against vaccine-preventable diseases, and for other purposes."}
| 1,442 | 338 | 0.550474 | 1.695002 | 0.646261 | 5.376761 | 4.647887 | 0.961268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Insurance Accountability
Act of 2016''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) allow for the enforcement of State laws requiring the
disclosure of information about Holocaust-era insurance
policies, notwithstanding the holding of the Supreme Court of
the United States in American Insurance Association v.
Garamendi, 539 U.S. 396 (2003) that such laws are preempted by
the foreign policy espoused by the executive branch of the
Federal Government addressed in that case;
(2) facilitate the disclosure of information about
Holocaust-era insurance policies under applicable State laws so
that citizens of the United States (and other persons on whose
behalf such laws were enacted) may know whether they hold any
rights under the policies;
(3) allow the beneficiaries of Holocaust-era insurance
policies, many of whom are citizens of the United States, to
bring suits in the courts of the United States to recover any
proceeds under the policies to which they may be entitled,
notwithstanding the defense that such suits are preempted by
the executive branch foreign policy addressed in Garamendi;
(4) foreclose defenses to claims brought under section 4 of
this Act arising from any prior judgments or settlement
agreements (including the class action judgment and settlement
agreement (M21-89, United States District Court for the
Southern District of New York) in In re: Assicurazioni General
S.p.A. Holocaust Insurance Litigation) that were entered and
approved based on the erroneous conclusion that State law
claims to recover under Holocaust-era insurance claims are
preempted by the executive branch foreign policy addressed in
Garamendi;
(5) provide for a uniform statute of limitations of 10
years after the date of enactment of this Act in any action to
recover under Holocaust-era insurance policies under this Act
or State law; and
(6) in carrying out the purposes described in paragraphs
(1) through (5), preserve the lawmaking powers of Congress
under article I of the Constitution of the United States, with
which the judicial decisions cited in this section are
inconsistent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beneficiary.--The term ``beneficiary'' includes--
(A) a named insured or named beneficiary under a
covered policy; and
(B) an heir, assignee, or legal representative of a
named insured or named beneficiary described in
subparagraph (A).
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, annuity, property, or other insurance
policy that was--
(A) in effect at any time during the period
beginning on January 31, 1933, and ending on December
31, 1945; and
(B) issued to a policyholder domiciled in--
(i) any area that was occupied or
controlled by Nazi Germany; or
(ii) the territorial jurisdiction of
Switzerland.
(3) Insurer.--The term ``insurer''--
(A) means any person engaged in the business of
insurance (including reinsurance) in interstate or
foreign commerce that issued a covered policy; and
(B) includes any successor in interest to a person
described in subparagraph (A).
(4) Nazi germany.--The term ``Nazi Germany'' means--
(A) the Nazi government of Germany; and
(B) any government that--
(i) had friendly relations with the Nazi
government of Germany;
(ii) was allied with or controlled by the
Nazi government of Germany; or
(iii) exercised or claimed sovereignty over
any area occupied by the military forces of the
Nazi government of Germany.
(5) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).
SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS.
(a) Civil Actions To Recover Under Covered Policies.--A beneficiary
of a covered policy may bring a civil action against the insurer for
the covered policy or a related company of the insurer to recover
proceeds due under the covered policy or otherwise to enforce any
rights under the covered policy.
(b) Nationwide Service of Process.--For a civil action brought
under subsection (a) in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
(c) Remedies.--
(1) Damages.--
(A) In general.--A court shall award to a
prevailing beneficiary in a civil action brought under
subsection (a)--
(i) the amount of the proceeds due under
the covered policy;
(ii) prejudgment interest on the amount
described in clause (i) from the date the
amount was due until the date of judgment,
calculated at a rate of 6 percent per year,
compounded annually; and
(iii) any other appropriate relief
necessary to enforce rights under the covered
policy.
(B) Treble damages.--If a court finds that an
insurer or related company of the insurer acted in bad
faith, the court shall award damages in an amount equal
to 3 times the amount otherwise to be awarded under
subparagraph (A).
(2) Attorney's fees and costs.--A court shall award
reasonable attorney's fees and costs to a prevailing
beneficiary in a civil action brought under subsection (a).
(d) Limitation.--A civil action may not be brought under this
section on or after the date that is 10 years after the date of
enactment of this Act.
SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES.
(a) In General.--
(1) Effect.--Subject to subsection (b)(1), a judgment or
release described in paragraph (2) shall not preclude,
foreclose, bar, release, waive, acquit, discharge, or otherwise
impair any claim brought under section 4 by any person.
(2) Judgments and releases.--A judgment or release
described in this paragraph is--
(A) a judgment entered before the date of enactment
of this Act for any claim arising under a covered
policy in any civil action in a Federal or State court;
or
(B) an agreement entered into before the date of
enactment of this Act under which any person (on behalf
of the person, any other person, or a class of persons)
agrees not to assert or agrees to waive or release any
claim described in subparagraph (A), regardless of
whether the agreement is--
(i) denominated as a release, discharge,
covenant not to sue, or otherwise; or
(ii) approved by a court.
(b) Rules of Construction.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section shall affect the validity or
enforceability of any agreement entered into between any
claimant under a covered policy and the International
Commission on Holocaust Era Insurance Claims or an insurer
under which the claimant has agreed to release or waive any
claim in consideration for payment under a covered policy.
(2) Exception.--Paragraph (1) shall not apply to any
agreement for which the payment is denominated as humanitarian
by the International Commission on Holocaust Era Insurance
Claims.
SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY.
(a) Effect of Executive Agreements and Executive Foreign Policy on
State Laws.--An executive agreement described in subsection (c)(1) and
an executive foreign policy described in subsection (c)(2) shall not
supercede or preempt the law of any State--
(1) relating to a claim under or relating to a covered
policy against the insurer for the covered policy or a related
company of the insurer; or
(2) that requires an insurer doing business in the State or
any related company of the insurer to disclose information
regarding a covered policy issued by the insurer.
(b) Effect of Executive Agreements and Executive Foreign Policy on
Claims Brought Under This Act.--An executive agreement described in
subsection (c)(1) and an executive foreign policy described in
subsection (c)(2) shall not compromise, settle, extinguish, waive,
preclude, bar, or foreclose a claim brought under section 4.
(c) Executive Agreements and Executive Foreign Policy Covered.--
(1) Executive agreements.--An executive agreement described
in this paragraph is an executive agreement between the United
States and a foreign government entered into before, on, or
after the date of enactment of this Act.
(2) Executive foreign policy.--An executive foreign policy
described in this paragraph is a foreign policy of the
executive branch of the Federal Government established before,
on, or after the date of enactment of this Act.
SEC. 7. EFFECT ON STATE LAWS.
Nothing in this Act shall supersede or preempt any State law except
to the extent the law of the State conflicts with this Act.
SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW.
A claim brought under any State law described in section 6(a) shall
not be deemed untimely on the basis of any State or Federal statute of
limitations or on the basis of any other legal or equitable rule or
doctrine (including laches) governing the timeliness of claims if the
claim is filed not later than 10 years after the date of enactment of
this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of such provision to any
other person or circumstance shall not be affected thereby.
SEC. 10. EFFECTIVE DATE; APPLICABILITY.
This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any claim relating to a covered policy that is
brought, before, on, or after the date of enactment of this
Act.
|
Holocaust Insurance Accountability Act of 2016 This bill allows a beneficiary of a Holocaust-era life, dowry, education, annuity, property, or other insurance policy to bring a civil action in a U.S. district court against the insurer for the covered policy to recover proceeds due or, otherwise, to enforce any rights under the policy. The bill covers any policy that was: (1) in effect at any time from January 31, 1933, to December 31, 1945; and (2) issued to a policy holder domiciled in any area that was occupied or controlled by Nazi Germany, an ally or friendly government, or the territorial jurisdiction of Switzerland. The bill requires the award: (1) to a prevailing beneficiary of the amount of the proceeds due under the policy, plus prejudgment interest at 6% per year, compounded annually, calculated from the date the amount was originally due; and (2) of treble damages against any insurer that acted in bad faith. A civil action under this bill must be filed within 10 years after enactment of this bill. A prior judgment or release entered for any claim arising under a covered policy in any civil action in a federal or state court shall not impair a claim brought under this bill. Any executive agreement between the United States and a foreign government or any executive foreign policy of the U.S. government shall not supercede or preempt any state law or compromise, settle, extinguish, waive, preclude, bar, or foreclose any claim brought under this bill. A claim brought under state law within 10 years after enactment of this bill shall not be deemed untimely on the basis of any state or federal statute of limitations or on the basis of any other legal or equitable rule or doctrine governing timeliness.
|
{"src": "billsum_train", "title": "Holocaust Insurance Accountability Act of 2016"}
| 2,284 | 384 | 0.595332 | 2.249412 | 0.640274 | 4.245614 | 5.994152 | 0.929825 |
SECTION 1. ESTABLISHMENT OF BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.
(a) Establishment of Bureau.--
(1) In general.--There is established in the Department of
Justice a bureau to be known as the Bureau of Enforcement and
Border Affairs (in this section referred to as the ``Bureau'').
(2) Director.--The head of the Bureau shall be the Director
of the Bureau of Enforcement and Border Affairs who--
(A) shall be appointed by the President, by and
with the advice and consent of the Senate; and
(B) shall report directly to the Attorney General.
(3) Compensation.--The Director shall be paid at the rate
of basic pay payable for level III of the Executive Schedule.
(4) Functions.--The Director shall perform such functions
as are transferred to the Director by this section or otherwise
vested in the Director by law.
(c) Transfer of Functions.--There are transferred from the
Commissioner of the Immigration and Naturalization Service to the
Director all functions performed under the following programs, and all
personnel, infrastructure, and funding provided to the Commissioner in
support of such programs immediately before the effective date of this
section:
(1) The Border Patrol program.
(2) The detention and deportation program.
(3) The intelligence program.
(4) The investigations program.
(5) The inspections program.
(d) References.--With respect to any function transferred by this
section and exercised on or after the effective date of this section,
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an
office from which a function is transferred by this section--
(1) to the head of such office is deemed to refer to the
Director of the Bureau of Enforcement and Border Affairs; or
(2) to such office is deemed to refer to the Bureau.
(e) Exercise of Authorities.--Except as otherwise provided by law,
a Federal official to whom a function is transferred by this section
may, for purposes of performing the function, exercise all authorities
under any other provision of law that were available with respect to
the performance of that function to the official responsible for the
performance of the function immediately before the effective date of
the transfer of the function under this section.
(f) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or
allowed to become effective by the President, the
Attorney General, the Commissioner of the Immigration
and Naturalization Service, the Assistant Commissioner
for Border Patrol, the Assistant Commissioner for
Detention and Deportation, the Assistant Commissioner
for Intelligence, the Assistant Commissioner for
Investigations, or any other Government official, or by
a court of competent jurisdiction, in the performance
of any function that is transferred by this section;
and
(B) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date);
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Proceedings.--This section shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the effective date of this section before an office whose
functions are transferred by this section, but such proceedings
and applications shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
section had not been enacted, and orders issued in any such
proceeding shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a
court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be considered to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
section had not been enacted.
(3) Suits.--This section shall not affect suits commenced
before the effective date of this section, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this
section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Justice or
the Immigration and Naturalization Service, or by or against
any individual in the official capacity of such individual as
an officer or employee in connection with a function
transferred by this section, shall abate by reason of the
enactment of this section.
(5) Continuance of suits.--If any Government officer in the
official capacity of such officer is party to a suit with
respect to a function of the officer and under this section
such function is transferred to any other officer or office,
then such suit shall be continued with the other officer or the
head of such other office, as applicable, substituted or added
as a party.
(6) Administrative procedure and judicial review.--Except
as otherwise provided by this section, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to any
function transferred by this section shall apply to the
exercise of such function by the head of the office, and other
officers of the office, to which such function is transferred
by this section.
(g) Transfer and Allocation of Appropriations and Personnel.--
(1) In general.--The personnel of the Department of Justice
employed in connection with the functions transferred by this
section (and functions that the Attorney General determines are
properly related to the functions of the Bureau and would, if
so transferred, further the purposes of the Bureau), and the
assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available to the Immigration
and Naturalization Service in connection with the functions
transferred by this section, subject to section 202 of the
Budget and Accounting Procedures Act of 1950, shall be
transferred to the Bureau for appropriate allocation by the
Director. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which the
funds were originally authorized and appropriated. The Attorney
General shall retain the right to adjust or realign transfers
effected under this section for a period of 2 years after the
date of the establishment of the Bureau.
(2) Effect on personnel.--
(A) In general.--The transfer under this section of
full-time personnel (except special Government
employees) and part-time personnel holding permanent
positions shall not cause any such employee to be
separated or reduced in grade or compensation for 1
year after the date of transfer to the Bureau.
(B) Executive schedule.--Any person who, on the day
preceding the effective date of this section, held a
position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United
States Code, and who, without a break in service, is
appointed in the Bureau of Enforcement and Border
Affairs to a position having duties comparable to the
duties performed immediately preceding such appointment
shall continue to be compensated in such new position
at not less than the rate provided for such previous
position, for the duration of the service of such
person in such new position.
(h) Delegation and Assignment.--Except as otherwise expressly
prohibited by law or otherwise provided in this section, the Director
of the Bureau of Enforcement and Border Affairs to whom functions are
transferred under this section may delegate any of the functions so
transferred to such officers and employees of the Bureau as the
Director may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate. No delegation of
functions under this subsection or under any other provision of this
section shall relieve the official to whom a function is transferred
under this section of responsibility for the administration of the
function.
(i) Authorities of Attorney General.--
(1) Determinations.--If necessary, the Attorney General
shall make any determination of the functions that are
transferred under this section.
(2) Incidental transfers.--The Attorney General, at such
time or times as the Attorney General shall provide, may make
such determinations as may be necessary with regard to the
functions transferred by this section, and to make such
additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section. The Attorney General shall provide for such
further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(3) Authority with respect to funds.--Notwithstanding any
other provision of law, the Attorney General may control
retention and disbursement of funds transferred under this
section.
(4) Treatment of shared resources.--The Attorney General is
authorized to provide for an appropriate allocation, or
coordination, or both, of resources involved in supporting
shared support functions for the Bureau and the Immigration and
Naturalization Service other offices within the Department of
Justice. Such shared support functions may include information
resources management, human resources and training, security,
records and forms management, equal opportunity activities,
facilities and procurement administration, and budgeting. The
Attorney General shall maintain oversight and control over the
shared computer databases and systems and records management.
(j) Definitions.--For purposes of this section:
(1) The term ``Director'' means the Director of the Bureau
of Enforcement and Border Affairs.
(2) The term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program.
(3) The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(k) Effective Date; Transition.--The transfer of functions under
this section shall take effect on the date that is 180 days after the
date of the enactment of this Act. The Bureau of Enforcement and Border
Affairs shall be established, and the Director of the Bureau of
Enforcement and Border Affairs shall be appointed, not later than such
effective date. During fiscal year 1999, the Attorney General shall
provide for an appropriate accounting of funds and an appropriate
transfer of funds appropriated to the Bureau of Enforcement and Border
Affairs to the Immigration and Naturalization Service to the extent
functions to be transferred to the Bureau under this section continue
to be performed by such Service.
|
Establishes in the Department of Justice (DOJ) the Bureau of Enforcement and Border Affairs, to be headed by a Director.
Transfers from the Commissioner of the Immigration and Naturalization Service (INS) to the Director all functions, personnel, infrastructure, and funding of the following programs: (1) the Border Patrol program; (2) the detention and deportation program; (3) the intelligence program; (4) the investigations program; and (5) the inspections program.
Transfers DOJ personnel and assets, liabilities, contracts, property, records, and INS funds in connection with such functions to the Bureau, for allocation by the Director.
Sets forth provisions regarding: (1) continuation of proceedings and suits and nonabatement of actions in connection with transferred functions; and (2) delegation and assignment and authority regarding functions transferred.
|
{"src": "billsum_train", "title": "To establish the Bureau of Enforcement and Border Affairs within the Department of Justice."}
| 2,326 | 166 | 0.628172 | 1.896628 | 0.709039 | 3.945783 | 13.704819 | 0.909639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multimodal Transportation Financing
Act''.
SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond) is amended by striking ``or'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
or'', and by adding at the end the following:
``(13) qualified highway infrastructure projects.''.
(b) Qualified Highway Infrastructure Projects.--Section 142 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(k) Qualified Highway Infrastructure Projects.--
``(1) In general.--For purposes of subsection (a)(13), the
term `qualified highway infrastructure project' means a
project--
``(A) for the construction, reconstruction, or
maintenance of a highway, including related startup
costs, and
``(B) meeting the requirements of paragraph (2).
``(2) Project requirements.--A project meets the
requirements of this paragraph if the project--
``(A) serves the general public,
``(B) is located on publicly-owned rights-of-way,
and
``(C) is publicly owned or the ownership of the
highway constructed, reconstructed, or maintained under
the project reverts to the public.''
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds) is amended--
(1) by striking ``or (12)'' and inserting ``(12), or
(13)'', and
(2) by striking ``and environmental enhancements of
hydroelectric generating facilities'' and inserting
``environmental enhancements of hydroelectric generating
facilities, and qualified highway infrastructure projects''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(c)(3) of the Internal Revenue Code of 1986 (relating to exception
for certain land acquired for environmental purposes, etc.) is amended
by striking ``or wharf'' both places it appears and inserting ``wharf,
or qualified highway infrastructure project''.
(e) Treatment of Certain Refunding Bonds.--
(1) In general.--Paragraph (2) of section 149(d) of the
Internal Revenue Code of 1986 (relating to certain private
activity bonds) is amended by inserting ``or any exempt
facility bond issued as part of an issue described in paragraph
(13) of section 142(a) (relating to qualified highway
infrastructure projects)'' after ``other than a qualified
501(c)(3) bond''.
(2) Special rules.--Paragraph (6) of section 149(d) of such
Code is amended to read as follows:
``(6) Special rules for purposes of paragraph (3).--For
purposes of paragraph (3)--
``(A) bonds issued before October 22, 1986, shall
be taken into account under subparagraph (A)(i) thereof
except--
``(i) a refunding which occurred before
1986 shall be treated as an advance refunding
only if the refunding bond was issued more than
180 days before the redemption of the refunded
bond, and
``(ii) a bond issued before 1986, shall be
treated as advance refunded no more than once
before March 15, 1986, and
``(B) a bond issued as part of an issue that is
either the 1st or 2nd advance refunding of the original
bond shall be treated as only the 1st advance refunding
of the original bond if--
``(i) at least 95 percent or more of the
net proceeds of the original bond issue are to
be used to finance a highway infrastructure
project (regardless of whether the original
bond was issued as a private activity bond),
``(ii) the original bonds and applicable
refunding bonds are or are reasonably expected
to be primarily secured by project-based
revenues, and
``(iii) in any case in which--
``(I) the original bonds or
applicable refunding bonds are private
activity bonds issued as part of an
issue at least 95 percent or more of
the net proceeds of which are to be
used to finance a qualified highway
infrastructure project described in
section 142(a)(13), the refunding bonds
of the issue and original bonds of the
issue satisfy the requirements of
section 147(b), or
``(II) the original bonds and
applicable refunding bonds are not
private activity bonds, the second
generation advance refunding bonds of
the issue (and any future bonds of the
issue refunding such bonds) satisfy the
requirements of section 147(b).''.
(3) Special rule relating to maturity limitation.--Section
147(b) of such Code (relating to maturity limitations) is
amended by adding at the end the following:
``(6) Special rule for certain highway infrastructure
projects.--
``(A) In general.--In the case of bonds of an issue
described in section 149(d)(6)(B), the limit described
in paragraph (1)(B) shall be reduced--
``(i) in any case in which the original
bonds or applicable refunding bonds are private
activity bonds, by the remaining weighted
average maturity of the escrowed bonds with
respect to both the first and second generation
advance refunding, and
``(ii) in any case in which the original
bonds and applicable refunding bonds are not
private activity bonds, by the remaining
weighted average maturity of the escrowed bonds
with respect to the second generation advance
refunding.
``(B) Remaining weighted average maturity of
escrowed bonds.--For purposes of subparagraph (A), the
remaining weighted average maturity of the escrowed
bonds is equal to the weighted average maturity,
calculated as of the applicable refunding bond issue
date--
``(i) with respect to subparagraph (A)(i),
of the applicable bonds advance refunded, and
``(ii) with respect to subparagraph
(A)(ii), of the applicable bonds directly
refunded by the second generation advance
refunding bonds, and
treating any date of actual early redemption as a
maturity date for this purpose.
(f) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 3. MASS COMMUTING FACILITIES.
(a) Exemption From State Volume Cap.--Section 146(g)(3) of the
Internal Revenue Code of 1986 (relating to exception for certain
bonds), as amended by section 2, is amended--
(1) by inserting ``(3),'' after ``(2),'', and
(2) by inserting ``mass commuting facilities,'' after
``wharves,''.
(b) Inclusion of Rolling Stock.--Section 142(c) of the Internal
Revenue Code of 1986 (relating to airports, docks and wharves, mass
commuting facilities and high-speed intercity rail facilities) is
amended by adding at the end the following new paragraph:
``(3) Mass commuting facilities.--The term `mass commuting
facilities' includes rolling stock related to such
facilities.''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 4. MODIFICATION OF DEFINITION OF HIGH-SPEED INTERCITY RAIL
FACILITIES.
(a) In General.--Section 142(i)(1) of the Internal Revenue Code of
1986 (defining high-speed intercity rail facilities) is amended by
striking `` and their baggage'' and all that follows and inserting ``on
high speed rail corridors designated under section 104(d)(2) of title
23, United States Code, or on corridors using magnetic levitation
technology.''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 5. TAX-EXEMPT FINANCING OF INTERMODAL TRANSFER FACILITIES.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond), as amended by section 2(a), is amended by striking ``or'' at the
end of paragraph (12), by striking the period at the end of paragraph
(13) and inserting ``, or'', and by adding at the end the following:
``(14) intermodal transfer facilities.''.
(b) Intermodal Transfer Facilities.--Section 142 of the Internal
Revenue Code of 1986, as amended by section 2(b), is amended by adding
at the end the following:
``(l) Intermodal Transfer Facilities.--For purposes of subsection
(a)(14), the term `intermodal transfer facilities' means any facility
for the transfer of people or goods between the same or different
transportation modes.''.
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds), as amended by section 2(c), is amended--
(1) by striking ``or (13)'' and inserting ``(13), or
(14)'', and
(2) by striking ``and qualified highway infrastructure
projects'' and inserting ``qualified highway infrastructure
projects, and intermodal transfer facilities''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(d)(3) of the Internal Revenue Code of 1986 (relating to exception
for certain land acquired for environmental purposes, etc.), as amended
by section 2(d), is amended by striking ``or qualified highway
infrastructure project'' both places it appears and inserting
``qualified highway infrastructure project, or intermodal transfer
facility''.
(e) Conforming Amendments.--Subsection (c) of section 142 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or (11)'' both places it appears in
paragraphs (1) and (2) and inserting ``, (11), or (14)'', and
(2) by striking ``and High-Speed Intercity Rail
Facilities'' in the heading thereof and inserting ``, High-
Speed Intercity Rail Facilities, and Intermodal Transfer
Facilities''.
(f) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
|
Multimodal Transportation Financing Act - Amends the Internal Revenue Code to: (1) provide for the treatment of qualified highway infrastructure project bonds as exempt facility bonds; (2) exclude mass commuting facilities from the definition of "private activity bond"; (3) modify the definition of high-speed intercity rail facilities; and (4) provide for the treatment of intermodal transfer facilities bonds as exempt facility bonds.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide additional tax incentives for public-private partnerships in financing of highway, mass transit, high speed rail, and intermodal transfer facilities projects, and for other purposes."}
| 2,429 | 86 | 0.510924 | 1.22578 | 0.872137 | 2.544304 | 27.240506 | 0.873418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miami Nation of Indiana Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Miami Nation of Indians of the State of Indiana,
Inc., an Indian nonprofit 501(c)(3) tax-exempt corporation, is
the modern day governing body of the Miami Nation of Indiana,
also known as the Miami Indians of Indiana or the Indiana
Miamis (collectively referred to herein as the ``Miamis''),
which is the descendant of, and the political successor to, the
signatory of the Treaty of 1854 (10 Stat. 1093).
(2) Historically, the Miamis lived in northern and central
Indiana.
(3) Between 1795 and 1840, the Miamis entered into a number
of treaties with the United States ceding millions of acres of
land to the Federal Government.
(4) In some of those treaties, tracts of land were reserved
for individual tribal members or for bands of Miamis.
(5) The 1840 Treaty required all members of the Miamis to
remove from Indiana to territory west of the Mississippi River
but the Miamis strongly resisted removal to the Kansas
Territory.
(6) In early 1846, the Commissioner of Indian Affairs
ordered annuity payments withheld until the Miamis were
removed, and thereafter about one-half of the Miamis were
forcibly removed to the Kansas Territory.
(7) After this emigration, some of the Miamis resided in
the Kansas Territory and some of the Miamis resided in Indiana.
(8) In 1854, the Federal Government entered into treaty
negotiations with the Miamis who remained in Indiana and
thereby recognized them as a separate Indian tribe--the Indiana
Miamis.
(9) Congress subsequently enacted legislation specifically
concerning treaties with the Indiana Miamis on a government-to-
government basis and extended the Federal trust relationship to
the Indiana Miamis.
(10) In 1897, the Secretary of the Interior, based on an
opinion by then Assistant Attorney General Willis Van Devanter,
withdrew the acknowledgement of the Indiana Miamis as a
federally recognized Indian tribe.
(11) Congress has never terminated the Indiana Miamis or
authorized the Secretary of the Interior to terminate the
Indiana Miamis, as a result of which the 1897 administrative
termination by the Secretary of the Interior was ultra vires
and of no effect.
(12) Tribes elsewhere, including the Miami Tribe of
Oklahoma, at Miami, Oklahoma, received services from the
Federal Government and were extended benefits of the Indian
Reorganization Act (25 U.S.C. 461 et seq.).
(13) In spite of the denial of recognition and the right to
organize under the Indian Reorganization Act (25 U.S.C. 461 et
seq.), the Indiana Miamis have continued to carry out
governmental functions through a tribal council from the treaty
times through the present day.
(14) In 1990, the Department of the Interior admitted that
the opinion of Attorney General Van Devanter was incorrect and
that the trust relationship with the Indiana Miamis was
wrongfully terminated, but nothing has been done to remedy the
error.
(15) For more than 100 years there has been administrative
neglect, violation of treaty and statutory obligations of
trusteeship, and misapplication of Federal law and regulations
with regard to the Indiana Miamis.
(16) The injustice to the Indiana Miamis described in this
section should be corrected and their dignity and self-esteem,
individually and collectively, should be returned by
restoration of Federal recognition to the Indiana Miamis.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Miami Nation of Indiana.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``member'' means an individual who meets the
membership criteria of the tribe.
(4) The term ``State'' means the State of Indiana.
(5) The term ``reservation'' means those lands acquired and
held in trust by the Secretary for the benefit of the Tribe.
(6) The term ``service area'' means the State of Indiana.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Federal recognition is hereby restored to
the Tribe. Except as otherwise provided in this Act, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this Act shall be applicable to the Tribe and its members.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost by virtue of
the 1897 decision of the Secretary of the Interior which terminated
Federal acknowledgement are hereby restored.
(c) Federal Services and Benefits.--
(1) In general.--Without regard to the existence of a
reservation, the Tribe and its members shall be eligible, on
and after the date of enactment of this Act for all Federal
services and benefits furnished to federally recognized Indian
tribes or their members. For the purposes of Federal services
and benefits available to members of federally recognized
Indian tribes residing on a reservation, members of the Tribe
residing in the Tribe's service area shall be deemed to be
residing on a reservation.
(2) Relation to other laws.--The eligibility for or receipt
of services and benefits under paragraph (1) by the Tribe or
individual shall not be considered as income, resources, or
otherwise when determining the eligibility for or computation
of any payment or other benefit to the Tribe, individual, or
household under--
(A) any financial aid program of the United States,
including grants and contracts subject to the Indian
Self-Determination Act; or
(B) any other benefit to which such tribe,
household, or individual would otherwise be entitled
under any Federal or federally assisted program.
(d) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act shall expand, reduce, or affect in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
its members.
(e) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
(a) Lands To Be Taken in Trust.--Upon application by the Tribe, the
Secretary shall accept into trust for the benefit of the Tribe any real
property located in the State of Indiana, for the benefit of the Tribe
after the property is conveyed or otherwise transferred to the
Secretary and if, at the time of such conveyance or transfer, there are
no adverse legal claims to such property, including outstanding liens,
mortgages, or taxes.
(b) Former Trust Lands of the Tribe.--Subject to the conditions
specified in this section, real property eligible for trust status
under this section shall include any land within the Tribe's service
area.
(c) Lands To Be Part of Reservation.--Any real property taken into
trust for the benefit of the Tribe pursuant to this Act shall be part
of the Tribe's reservation.
(d) Gaming Rights Suspended.--This Act reserves all rights by the
Miami Nation of Indiana to engage in all classes of gaming pursuant to
the Indian Gaming Regulatory Act; however, class III gaming shall only
be allowed with the express approval of Congress.
(e) Lands To Be Nontaxable.--Any real property taken into trust for
the benefit of the Tribe pursuant to this section shall be exempt from
all local, State, and Federal taxation as of the date that such land is
transferred to the Secretary.
SEC. 6. MEMBERSHIP ROLL; CONSTITUTION.
Upon submission by the Tribe, the Secretary shall accept the
current membership roll of the Tribe, its present membership criteria,
and its existing constitution.
|
Provides for any lands in Indiana transferred to the Secretary of the Interior, including any of the Tribe's former trust lands, to be taken into trust for the Tribe as part of its reservation.
Reserves all rights by the Tribe to engage in all classes of gaming. Declares that class III gaming shall only be allowed with congressional approval.
|
{"src": "billsum_train", "title": "Miami Nation of Indiana Act"}
| 1,807 | 76 | 0.444083 | 1.193959 | 0.296026 | 3.287879 | 25.181818 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Communities Ocean
Acidification Act of 2017''.
SEC. 2. COASTAL COMMUNITY VULNERABILITY ASSESSMENT.
(a) In General.--Section 12406 of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following:
``(b) Community Vulnerability Assessment.--
``(1) In general.--The Secretary, through the program
established under subsection (a), shall conduct an ocean
acidification coastal community vulnerability assessment, and
issue a corresponding public report, that shall be updated at
least once every 7 years.
``(2) Requirements.--The assessment conducted under
paragraph (1) shall--
``(A) identify the United States coastal
communities, including island communities, low-
population rural communities, and subsistence
communities, that are most dependent on coastal and
ocean resources that may be impacted by ocean
acidification;
``(B) assess the nature of the social and economic
vulnerabilities of those communities;
``(C) identify the ocean acidification impacts that
might harm those communities, including impacts from
changes in ocean and coastal marine resources that are
not managed by the Federal Government;
``(D) identify key knowledge gaps where research
could be devoted to better understand the possible
impacts of ocean acidification on those communities,
the risks and threats facing those communities, and
possible adaptation strategies for those communities;
and
``(E) be conducted in collaboration with experts,
indigenous knowledge groups, and stakeholders who are
familiar with the unique economic, social, ecological,
geographic, and resource concerns of coastal
communities in the United States, including
representatives of--
``(i) the National Marine Fisheries Service
and the Office for Coastal Management of the
National Oceanic and Atmospheric
Administration;
``(ii) Integrated Coastal and Ocean
Observing System regional information
coordination entities established under section
12304(c)(4) of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C.
3603(c)(4));
``(iii) regional ocean acidification
networks; and
``(iv) State sea grant programs (as defined
in section 203 of the National Sea Grant
College Program Act (33 U.S.C. 1122)).
``(c) Support for State and Local Vulnerability Assessments and
Strategic Research Planning.--In carrying out the program established
under subsection (a), the Secretary shall collaborate with State,
local, and tribal government entities that are conducting or have
completed vulnerability assessments, strategic research planning, or
other similar activities related to ocean acidification and its impacts
on coastal communities, for the purpose of--
``(1) determining whether such activities can be used as a
model for other communities; and
``(2) identifying opportunities for the National Oceanic
and Atmospheric Administration and other relevant Federal
agencies to support such activities.''.
(b) Ongoing Input Mechanism.--Section 12404(b)(5) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C.
3703(b)(5)) is amended by adding at the end before the period the
following: ``, also including an ongoing mechanism that allows affected
industry members, coastal stakeholders, non-Federal resource managers,
regional environmental monitoring programs, indigenous knowledge
groups, and scientific experts not employed by the Federal Government
to provide input on research, data, and monitoring that is necessary to
support on-the-ground management, decisionmaking, and adaptation
related to ocean acidification and its impacts''.
(c) Strategic Research Plan.--Section 12405 of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) is
amended--
(1) in subsection (b)--
(A) in paragraph (8), by striking ``and'' after the
semicolon;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) make recommendations for research that should be
conducted, including in the social sciences and economics, to
address the key knowledge gaps identified in the community
vulnerability assessment report conducted under section
12406(b).''; and
(2) in subsection (e), by inserting ``, tribal governments,
indigenous knowledge groups,'' after ``industry''.
(d) Report on Support for State and Local Vulnerability Assessments
and Strategic Research Planning.--Not later than 90 days after the date
of the enactment of this Act, the Administrator of the National Oceanic
and Atmospheric Administration shall submit to Congress a report on the
efforts of the National Oceanic and Atmospheric Administration to
support State, local, and tribal community vulnerability assessments,
strategic research and planning, and monitoring needs, pursuant to
section 12406(c) of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (as added by subsection (a) of this section).
|
Coastal Communities Ocean Acidification Act of 2017 This bill amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to require the National Oceanic and Atmospheric Administration (NOAA) to conduct and update at least once every seven years an ocean acidification coastal community vulnerability assessment with a corresponding public report. The assessment must identify: (1) U.S. coastal communities that are most dependent on coastal and ocean resources that may be impacted by ocean acidification; (2) the nature of those communities' social and economic vulnerabilities; (3) impacts from changes in ocean and coastal marine resources that are not managed by the federal government; and (4) key knowledge gaps where research could be devoted to better understand the possible ocean acidification impacts, risks, threats, and possible adaptation strategies for the communities. In carrying out the ocean acidification coastal community vulnerability assessment, NOAA must collaborate with state, local, and tribal government entities that are conducting or have completed vulnerability assessments, strategic research planning, or other similar activities related to ocean acidification and its impacts on coastal communities. NOAA's ocean acidification program is expanded to include an ongoing mechanism that allows affected industry members, coastal stakeholders, non-federal resource managers, regional environmental monitoring programs, indigenous knowledge groups, and outside scientific experts not employed by the federal government to provide input on research, data, and monitoring necessary to support on-the-ground management, decision making, and adaptation related to ocean acidification and its impacts. The strategic plan for ocean acidification research and monitoring developed by the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council must make recommendations for research to address the key knowledge gaps identified in the community vulnerability assessment report.
|
{"src": "billsum_train", "title": "Coastal Communities Ocean Acidification Act of 2017"}
| 1,134 | 353 | 0.746063 | 2.343539 | 0.988039 | 5.107362 | 3.187117 | 0.904908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Safety Act of 1995''.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
TITLE I--PIPELINE SAFETY AMENDMENTS
SEC. 101. RISK MANAGEMENT.
Chapter 601 is amended by adding at the end the following new
section:
``Sec. 60126. Risk Management
``(a) The Secretary shall, based on information collected and
maintained by the Secretary, conduct an assessment of the risk to
public safety and the environment posed by pipeline transportation. The
assessment shall--
``(1) rank the risks identified by the Secretary in terms
of their probability of occurrence and their likely
consequences, and any other factors the Secretary considers
relevant;
``(2) identify, in priority order, technically feasible and
economically justified actions that should be taken to lessen
the risks identified; and
``(3) address, at a minimum, the following subjects:
``(A) Inspection by internal instrumented devices.
``(B) Hydrostatic testing.
``(C) Installation of emergency flow restricting
devices, including leak detection systems, for natural
gas and hazardous liquid pipelines.
``(D) Inspection and burial of underwater
pipelines.
``(b) Notwithstanding any other provision of this chapter, if the
Secretary determines that rulemaking regarding a subject listed in
subsection (a)(3) is not practicable, appropriate, or reasonable, the
Secretary shall transmit to Congress, not later than 60 days after the
date of such determination, an explanation of the reasons for that
determination.
``(c) Not later than 18 months after the date of enactment of the
Pipeline Safety Act of 1995, the Secretary shall transmit to Congress a
report including the assessment required under subsection (a) and a
plan setting forth the actions proposed by the Secretary to address
each risk identified in the assessment. Within 30 days after any
substantive change to the action plan, including the addition or
deletion of any subject or action in the plan, the Secretary shall
inform Congress in writing of the reasons for the change.''.
SEC. 102. ONE CALL NOTIFICATION SYSTEMS.
Section 60114 (relating to one-call notification systems) is
amended by striking subsections (b) and (d), and redesignating
subsections (c) and (e) as (b) and (d), respectively.
SEC. 103. INTERNATIONAL UNIFORMITY.
Section 60117 (relating to administration) is amended by adding at
the end the following new subsection:
``(k) International Uniformity of Standards.--
``(1) Participation in international forums.--Subject to
guidance and direction from the Secretary of State, the
Secretary of Transportation may participate in international
forums that establish or recommend pipeline safety standards
for transporting natural gas and hazardous liquids.
``(2) Consultation.--The Secretary of Transportation may
consult with interested authorities to ensure that, to the
extent practicable, regulations the Secretary prescribes under
this chapter are consistent with standards related to pipeline
safety transportation adopted by international authorities.
``(3) Differences with international standards and
requirements.--This section does not require the Secretary to
prescribe a standard identical to, less stringent than, or more
stringent than a standard adopted by an international authority
or otherwise limit the Secretary's discretion in issuing
standards.''.
SEC. 104. GENERAL AUTHORITY.
Section 60117 (relating to administration), as amended by section
103, is further amended by adding at the end the following new
subsection:
``(l) Funding Authority.--To carry out this chapter, the Secretary
may enter into grants, cooperative agreements, and other transactions
with any person, agency, or instrumentality of the United States, any
unit of State or local government, any educational institution, and any
other entity to further the objectives of this chapter, including the
development, improvement, and promotion of one-call damage prevention
programs, research, risk assessment, and mapping.''.
SEC. 105. ANNUAL REPORTS.
Section 60124 (relating to annual reports) is repealed.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 60125 (relating to authorization of appropriations) is
amended--
(1) by striking ``gas:'' and all that follows in subsection
(a) and inserting ``gas, $16,450,000 for the fiscal year ending
September 30, 1996, and such sums as may be necessary for
fiscal years 1997, 1998, and 1999.'';
(2) by striking ``liquid:'' and all that follows in
subsection (b) and inserting ``liquid, $10,968,000 for the
fiscal year ending September 30, 1996, and such sums as may be
necessary for fiscal years 1997, 1998, and 1999.'';
(3)(A) by striking the heading of subsection (c) and
inserting in lieu thereof ``State Pipeline Safety Grants.--'';
(B) by striking ``title:'' and all that follows in
subsection (c)(1) and inserting ``title, $15,000,000 for the
fiscal year ending September 30, 1996, and such sums as may be
necessary for fiscal years 1997, 1998, and 1999.'';
(4) by striking subsection (d) and inserting the following:
``(d) Other Transactions.--Not more than the following amounts may
be appropriated to the Secretary to carry out section 60117(1) of this
title: $5,000,000 for the fiscal year ending September 30, 1996, and
such sums as may be necessary for fiscal years 1997, 1998, and 1999.'';
and
(5) by adding at the end the following new subsection:
``(g) Special Projects.--For each of fiscal years 1996, 1997, 1998,
and 1999, not more than $500,000 or 0.5 percent of the amount
appropriated annually to carry out chapter 601, whichever is less, may
be appropriated to the Secretary to fund special projects undertaken
jointly with other offices within the Department to improve the
administration of transportation safety programs.''.
SEC. 107. TECHNICAL CORRECTIONS.
(a) Section 60105 is amended by inserting ``Pipeline Safety
Program'' after ``State'' in the heading.
(b) Section 60106 is amended by inserting ``Pipeline Safety'' after
``State'' in the heading.
(c) Section 60107 is amended by inserting ``Pipeline Safety'' after
``State'' in the heading.
(d) Section 60114(a)(9) is amended by striking ``, 60122, and
60123'' and inserting ``and 60122''.
TITLE II--AVIATION TARIFF AMENDMENT
SEC. 201. AVIATION TARIFF AMENDMENT.
Section 40114(b) (relating to reports and records), is amended--
(1) by striking ``the Secretary'' in the second sentence
and inserting ``With the exception of tariffs, the Secretary;
and''
(2) by inserting ``The Secretary shall ensure that tariff
records are available to the public on a permanent basis.''
after the second sentence.
TITLE III--HAZARDOUS MATERIALS AMENDMENTS
SEC. 301. HAZARDOUS MATERIALS AMENDMENTS.
(a) Section 5107(e) (relating to employee training requirements) is
amended by striking ``section 5127(c)(3)'' and inserting ``section
5127(b)(1)''.
(b) Section 5116(j)(4)(A) (relating to supplemental training
grants) is amended by striking ``subsection (g)'' and inserting
``section 5115''.
(c) Section 5110(e) (relating to retention of shipping papers) is
amended--
(1) by striking the heading and inserting the following:
``(e) Retention of Shipping Papers.--''; and
(2) by striking the first sentence and inserting ``A person
required to provide a shipping paper to a carrier and a carrier
to which a shipping paper is provided shall retain, at or
accessible through its principal place of business, a paper or
electronic image copy of each shipping paper for one year from
the date the shipping paper has been provided to the
carrier.''.
|
TABLE OF CONTENTS:
Title I: Pipeline Safety Amendments
Title II: Aviation Tariff Amendment
Title III: Hazardous Materials Amendments
Pipeline Safety Act of 1995 -
Title I: Pipeline Safety Amendments
- Amends Federal natural gas and hazardous liquid pipeline safety transportation law to require the Secretary of Transportation to conduct an assessment of the risk to public safety and the environment posed by natural gas and hazardous liquid pipeline transportation. Requires the Secretary to report to the Congress on the assessment and a plan setting forth proposed actions to address each identified risk.
(Sec. 102) Eliminates Federal grants to States for development of a one-call (before digging) notification system that informs a pipeline facility operator of activity in the vicinity that could threaten the facility's safety.
(Sec. 103) Authorizes the Secretary to participate in international forums that establish or recommend pipeline safety standards for transporting natural gas and hazardous liquids. Provides that the Secretary is not required to prescribe a standard identical to or less stringent or more stringent than a standard adopted by an international authority, or otherwise limit his or her discretion in issuing such standards.
(Sec. 104) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with any person, agency, or U.S. instrumentality, any State or local government, any educational institution, and any other entity to further pipeline safety, including the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping.
(Sec. 105) Repeals the requirement for the Secretary's annual report concerning natural gas and hazardous liquid safety.
(Sec. 106) Authorizes appropriations.
Title II: Aviation Tariff Amendment
- Repeals the Secretary's authority and responsibility to be custodian of aviation tariff records. Requires the Secretary to ensure that such tariff records be made available to the public on a permanent basis.
Title III: Hazardous Materials Amendments
- Revises the requirement that a person who is required to provide a shipping paper to a carrier when offering hazardous material for transportation in commerce, and a carrier to which such paper is provided, retain a paper or electronic image copy of such paper for one year after the material is no longer in transportation. Changes the retention period to one year from the date the shipping paper has been provided to the carrier.
|
{"src": "billsum_train", "title": "Pipeline Safety Act of 1995"}
| 1,906 | 521 | 0.540556 | 1.723818 | 0.701418 | 3.723542 | 3.742981 | 0.868251 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Malpractice Liability Insurance Commission (EMLIC) Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Duties of the Commission.
Sec. 4. Final report; Congressional hearings.
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Authorization of appropriations; GAO audit.
Sec. 8. Termination of Commission.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as Emergency Malpractice Liability Insurance Commission (in this Act
referred to as the ``Commission'').
(b) Purpose.--The Commission shall examine the causes of soaring
medical malpractice premiums and propose a comprehensive strategy to
combat the consequences.
(c) Membership of Commission.--
(1) Composition.--The commission shall be composed of 12
members of whom--
(A) 4 shall be appointed by the President, 1 of
whom shall be appointed to represent physicians'
interests, 1 of whom shall be appointed to represent
malpractice liability insurers, 1 of whom shall be
appointed to represent lawyers' interests, and 1 of
whom shall be appointed to represent consumer
protection interests;
(B) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Majority Leader of the
Senate;
(C) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Minority Leader of the
Senate;
(D) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Speaker of
the House of Representatives; and
(E) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Minority
Leader of the House of Representatives.
(2) Qualifications of members.--
(A) Presidential appointments.--Of the individuals
appointed under paragraph (1)(A), not more than 1 may
be an officer, employee, or paid consultant of the
Executive Branch.
(B) Other appointments.--Individuals who are not
Members of Congress, appointed under subparagraph (B),
(C), (D), or (E) of paragraph (1), shall be individuals
who--
(i) have expertise in medicine, insurance,
law, consumers affairs, or have other pertinent
qualifications or experience; and
(ii) are not officers or employees of the
United States.
(C) Other considerations.--In appointing Commission
members, every effort shall be made to ensure that the
members--
(i) represent a broad cross section of
regional and political perspectives in the
United States; and
(ii) provide fresh insights to analyzing
the medical malpractice insurance crisis
(d) Period of Appointment; Vacancies.--
(1) In general.--Members shall be appointed not later than
60 days after the date of enactment of this Act and the
appointment shall be for the life of the Commission.
(2) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(e) Initial Meeting.-- Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson.
(g) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Voting.--Each member of the Commission shall be entitled to 1
vote.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall investigate and determine
whether a causal relationship exists between skyrocketing malpractice
insurance premiums, rising jury awards, decreased accessibility and
affordability of health care, and the increase in the number of
physicians moving, quitting or retiring from the practices in the field
of medicine. The Commission will make recommendations based on a study
of statistical trends and testimony that can be taken by Congress to
alleviate the impact of the crisis in medical malpractice liability
insurance.
(b) Specific Issues to Be Addressed.--The Commission shall examine
and report to the President and the Congress on at least the following:
(1) Nature and patterns of the medical malpractice
insurance market.
(2) Similarities and differences of the medical malpractice
insurance market to other lines of insurance.
(3) Impact of the McCarran-Ferguson Act on medical
malpractice insurance market.
(4) Federal role as it is and recommendations on how it
should be with respect to medical malpractice.
(5) Survey and assessment of the efficacy of State-level
legislation in insurance, in general, and medical malpractice
insurance, in particular.
(6) Survey of insurer's investments and strategies and its
role is premium rate setting for medical malpractice insurance.
(7) Role of jury awards in premium rate setting for medical
malpractice insurance.
(8) Relationship of medical malpractice premium rates and
overall medical practice costs
SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS.
(a) Final Report.--
(1) In general.--Not later than 16 months after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a final report which contains--
(A) the findings and conclusions of the Commission
described in section 3;
(B) a detailed plan for comprehensive strategy to
combat the consequences of skyrocketing medical
malpractice liability insurance rates; and
(C) any recommendations for administrative and
legislative actions necessary to achieve such
reductions.
(2) Separate views.--Any member of the Commission may
submit additional findings and recommendations as part of the
final report.
(b) Congressional Hearings.--Not later than 6 months after the
final report described in subsection (a) is submitted, the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate shall hold
hearings on the report.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission shall hold at least 7 public
hearings, 1 or more in Washington, D.C. and 4 in different regions of
the United States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.-- Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to 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.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals 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.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.
(a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out the provisions of this Act.
(b) GAO Audit.--Not later than 6 months after termination of the
Commission, the Comptroller General of the United States shall complete
an audit of the financial books and records of the Commission to
determine that the limitation on expenses has been met, and shall
submit a report on the audit to the President and Congress.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date on
which the Commission submits the final report under section 4.
|
Emergency Malpractice Liability Insurance Commission (EMLIC) Act - Establishes the Emergency Malpractice Liability Insurance Commission, whose purpose is to examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to combat the consequences. Directs the Commission to investigate the possible linkage between: (1) skyrocketing malpractice insurance premiums; (2) rising jury awards; (3) decreased accessibility and affordability of health care; and (4) a rise in the number of physicians moving, quitting, or retiring.
|
{"src": "billsum_train", "title": "To establish an Emergency Malpractice Liability Insurance Commission."}
| 2,249 | 111 | 0.466927 | 1.261418 | 0.456909 | 3.542553 | 22.351064 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Sector Research and
Development Investment Act of 2001''.
SEC. 2. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Section 45C(b)(1) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 3. IMPROVED ALTERNATIVE INCREMENTAL CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities), as amended by
section 2, is amended by adding at the end the following new
subsection:
``(h) Election of Alternative Incremental Credit.--
``(1) In general.--At the election of the taxpayer, the
credit under subsection (a)(1) shall be determined under this
section by taking into account the modifications provided by
this subsection.
``(2) Determination of base amount.--
``(A) In general.--In computing the base amount
under subsection (c)--
``(i) notwithstanding subsection (c)(3),
the fixed-base percentage shall be equal to 80
percent of the percentage which the aggregate
qualified research expenses of the taxpayer for
the base period is of the aggregate gross
receipts of the taxpayer for the base period,
and
``(ii) the minimum base amount under
subsection (c)(2) shall not apply.
``(B) Start-up and small taxpayers.--In computing
the base amount under subsection (c), the gross
receipts of a taxpayer for any taxable year in the base
period shall be treated as at least equal to
$1,000,000.
``(C) Base period.--For purposes of this
subsection, the base period is the 8-taxable year
period preceding the taxable year (or, if shorter, the
period the taxpayer (and any predecessor) has been in
existence).
``(3) Election.--An election under this subsection shall
apply to the taxable year for which made and all succeeding
taxable years unless revoked with the consent of the
Secretary.''
(b) Conforming Amendment.--Section 41(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) and by redesignating
paragraphs (5) and (6) as paragraphs (4) and (5), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 4. MODIFICATIONS TO CREDIT FOR BASIC RESEARCH.
(a) Elimination of Incremental Requirement.--
(1) In general.--Paragraph (1) of section 41(e) of the
Internal Revenue Code of 1986 (relating to credit allowable
with respect to certain payments to qualified organizations for
basic research) is amended to read as follows:
``(1) In general.--The amount of basic research payments
taken into account under subsection (a)(2) shall be determined
in accordance with this subsection.''
(2) Conforming amendments.--
(A) Section 41(a)(2) of such Code is amended by
striking ``determined under subsection (e)(1)(A)'' and
inserting ``for the taxable year''.
(B) Section 41(e) of such Code is amended by
striking paragraphs (3), (4), and (5) and by
redesignating paragraphs (6) and (7) as paragraphs (3)
and (4), respectively.
(C) Section 41(e)(4) of such Code, as redesignated
by subparagraph (B), is amended by striking
subparagraph (B) and by redesignating subparagraphs
(C), (D), and (E) as subparagraphs (B), (C), and (D),
respectively.
(D) Clause (i) of section 170(e)(4)(B) of such Code
is amended by striking ``section 41(e)(6)'' and
inserting ``section 41(e)(3)''.
(b) Basic Research.--
(1) Specific commercial objective.--Section 41(e)(4) of the
Internal Revenue Code of 1986 (relating to definitions and
special rules), as redesignated by subsection (a)(2)(B), is
amended by adding at the end the following new subparagraph:
``(E) Specific commercial objective.--For purposes
of subparagraph (A), research shall not be treated as
having a specific commercial objective if the results
of such research are to be published in a timely manner
as to be available to the general public prior to their
use for a commercial purpose.''
(2) Exclusions from basic research.--Clause (ii) of section
41(e)(4)(A) of such Code (relating to definitions and special
rules), as redesignated by subsection (a), is amended to read
as follows:
``(ii) basic research in the arts and
humanities.''
(c) Expansion of Credit to Research Done at Federal Laboratories.--
Section 41(e)(3) of the Internal Revenue Code of 1986, as redesignated
by subsection (a), is amended by adding at the end the following new
subparagraph:
``(E) Federal laboratories.--Any organization which
is a Federal laboratory (as defined in section 4(6) of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3703(6)).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 5. CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE
RESEARCH CONSORTIA.
(a) Credit for Expenses Attributable to Certain Collaborative
Research Consortia.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986 (relating to credit for increasing research
activities) is amended by striking ``and'' at the end of paragraph (1),
striking the period at the end of paragraph (2) and inserting ``, and
'', and by adding at the end the following new paragraph:
``(3) 20 percent of the amounts paid or incurred by the
taxpayer in carrying on any trade or business of the taxpayer
during the taxable year (including as contributions) to a
qualified research consortium.''
(b) Qualified Research Consortium Defined.--Subsection (f) of
section 41 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new paragraph:
``(6) Qualified research consortium.--The term `qualified
research consortium' means any organization--
``(A) which is--
``(i) described in section 501(c)(3) and is
exempt from tax under section 501(a) and is
organized and operated primarily to conduct
scientific or engineering research, or
``(ii) organized and operated primarily to
conduct scientific or engineering research in
the public interest (within the meaning of
section 501(c)(3)),
``(B) which is not a private foundation,
``(C) to which at least 5 unrelated persons paid or
incurred during the calendar year in which the taxable
year of the organization begins amounts (including as
contributions) to such organization for scientific or
engineering research, and
``(D) to which no single person paid or incurred
(including as contributions) during such calendar year
an amount equal to more than 50 percent of the total
amounts received by such organization during such
calendar year for scientific or engineering research.
All persons treated as a single employer under subsection (a)
or (b) of section 52 shall be treated as related persons for
purposes of subparagraph (C) and as a single person for
purposes of subparagraph (D).''
(c) Conforming Amendment.--Paragraph (3) of section 41(b) of the
Internal Revenue Code of 1986 is amended by striking subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 6. IMPROVEMENT TO CREDIT FOR SMALL BUSINESSES AND RESEARCH
PARTNERSHIPS.
(a) Assistance to Small and Start-Up Businesses.--The Secretary of
the Treasury or the Secretary's delegate shall take such actions as are
appropriate to--
(1) provide assistance to small and start-up businesses in
complying with the requirements of section 41 of the Internal
Revenue Code of 1986, and
(2) reduce the costs of such compliance.
(b) Repeal of Limitation on Contract Research Expenses Paid to
Small Businesses, Universities, and Federal Laboratories.--Section
41(b)(3) of the Internal Revenue Code of 1986, as amended by section
5(c), is amended by adding at the end the following new subparagraph:
``(C) Amounts paid to eligible small businesses,
universities, and federal laboratories.--
``(i) In general.--In the case of amounts
paid by the taxpayer to an eligible small
business, an institution of higher education
(as defined in section 3304(f)), or an
organization which is a Federal laboratory (as
defined in subsection (e)(3)(E)), subparagraph
(A) shall be applied by substituting `100
percent' for `65 percent'.
``(ii) Eligible small business.--For
purposes of this subparagraph, the term
`eligible small business' means a small
business with respect to which the taxpayer
does not own (within the meaning of section
318) 50 percent or more of--
``(I) in the case of a corporation,
the outstanding stock of the
corporation (either by vote or value),
and
``(II) in the case of a small
business which is not a corporation,
the capital and profits interests of
the small business.
``(iii) Small business.--For purposes of
this subparagraph--
``(I) In general.--The term `small
business' means, with respect to any
calendar year, any person if the annual
average number of employees employed by
such person during either of the 2
preceding calendar years was 500 or
fewer. For purposes of the preceding
sentence, a preceding calendar year may
be taken into account only if the
person was in existence throughout the
year.
``(II) Startups, controlled groups,
and predecessors.--Rules similar to the
rules of subparagraphs (B) and (D) of
section 220(c)(4) shall apply for
purposes of this clause.''
(c) Credit For Patent Filing Fees.--Section 41(a) of the Internal
Revenue Code of 1986, as amended by section 5(a), is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(4) 20 percent of the patent filing fees paid or incurred
by a small business (as defined in subsection (b)(3)(C)(iii))
to the United States or to any foreign government in carrying
on any trade or business.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
|
Private Sector Research and Development Investment Act of 2001 - Amends the Internal Revenue Code to permanently extend and modify the research credit. Directs the Secretary of the Treasury to assist small and start-up businesses in complying with the requirements of such credit.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a permanent tax incentive for research and development, and for other purposes."}
| 2,587 | 53 | 0.46151 | 0.988134 | 0.621898 | 3.382979 | 48.744681 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Government Reform Act of
1993''.
SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS
OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES.
(a) In General.--
(1) Appearances before agency.--(A) Section 207(d) of title
18, United States Code, is amended by adding at the end thereof
the following:
``(3) Restrictions on political appointees.--(A) In
addition to the restrictions set forth in subsections (a), (b),
and (c) and paragraph (1) of this subsection, any person who--
``(i) serves in the position of Vice President of
the United States; or
``(ii) is a full-time, noncareer Presidential, Vice
Presidential, or agency head appointee in an executive
agency whose rate of basic pay is not less than $70,000
(adjusted for any COLA after the date of enactment of
the Ethics in Government Reform Act of 1993) and is not
an appointee of the senior foreign service or solely an
appointee as a uniformed service commissioned officer,
and who, after the termination of his or her service or
employment as such officer or employee, knowingly makes, with
the intent to influence, any communication to or appearance
before any officer or employee of a department or agency in
which such person served within 5 years before such
termination, during a period beginning on the termination of
service or employment as such officer or employee and ending 5
years after the termination of service in the department or
agency, on behalf of any other person (except the United
States), in connection with any matter on which such person
seeks official action by any officer or employee of such
department or agency, shall be punished as provided in section
216 of this title.
``(B) In addition to the restrictions set forth in
subsections (a), (b), and (c) and paragraph (1) of this
subsection, any person who is listed in Schedule I under
section 5312 of title 5, United States Code, or is employed in
a position in the Executive Office of the President and is a
full-time, noncareer Presidential, Vice Presidential, or agency
head appointee in an executive agency whose rate of basic pay
is not less than $70,000 (adjusted for any COLA after the date
of enactment of the Ethics in Government Reform Act of 1993)
and is not an appointee of the senior foreign service or solely
an appointee as a uniformed service commissioned officer, and
who--
``(i) after the termination of his or her service
or employment as such employee, knowingly makes, with
the intent to influence, any communication to or
appearance before any officer or employee of a
department or agency with respect to which the person
participated personally and substantially within 5
years before such termination, during a period
beginning on the termination of service or employment
as such employee and ending 5 years after the
termination of substantial personal responsibility with
respect to the department or agency, on behalf of any
other person (except the United States), in connection
with any matter on which such person seeks official
action by any officer or employee of such department or
agency; or
``(ii) within 2 years after the termination of his
or her service or employment as such employee,
knowingly makes, with the intent to influence, any
communication to or appearance before any person
described in paragraph (2)(B) on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by the person described in paragraph (2)(B),
shall be punished as provided in section 216 of this title.''.
(B) The first sentence of section 207(h)(1) of title 18,
United States Code, is amended by inserting after ``subsection
(c)'' the following: ``and subsection (d)(3)''.
(2) Foreign agents.--Section 207(f) of title 18, United
States Code, is amended by--
(A) redesignating paragraph (2) as paragraph (4);
(B) adding after paragraph (1) the following:
``(2) Special restrictions.--Any person who--
``(A)(i) serves in the position of Vice President
of the United States;
``(ii) is a full-time, noncareer Presidential, Vice
Presidential, or agency head appointee in an executive
agency whose rate of basic pay is not less than $70,000
(adjusted for any COLA after the date of enactment of
the Ethics in Government Reform Act of 1993) and is not
an appointee of the senior foreign service or solely an
appointee as a uniformed service commissioned officer;
``(iii) is employed in a position in the Executive
Office of the President and is a full-time, noncareer
Presidential, Vice Presidential, or agency head
appointee in an executive agency whose rate of basic
pay is not less than $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in Government
Reform Act of 1993) and is not an appointee of the
senior foreign service or solely an appointee as a
uniformed service commissioned officer; or
``(iv) is a Member of Congress or employed in a
position by the Congress at a rate of pay equal to or
greater than $70,000 (adjusted for any COLA after the
date of enactment of the Ethics in Government Reform
Act of 1993); and
``(B) after such service or employment--
``(i) represents a foreign national (as
defined in section 319(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441e(b)) before any officer or employee of any
department or agency of the United States with
the intent to influence a decision of such
officer or employee in carrying out his or her
official duties; or
``(ii) aids or advises a foreign national
(as defined in section 319(b) of the Federal
Election Campaign Act of 1971) with the intent
to influence a decision of any officer or
employee of any department or agency of the
United States, in carrying out his or her
official duties,
shall be punished as provided in section 216 of this title.''.
``(3) Employment by a Foreign Government.--Any person who--
``(A)(i) serves in the position of President or
Vice President of the United States;
``(ii) serves as a Governor of the Federal Reserve;
``(iii) is a full-time, noncareer Presidential,
Vice Presidential, or agency head appointee in an
executive agency whose rate of basic pay is not less
than $70,000 (adjusted for any COLA after the date of
enactment of the Ethics in Government Reform Act of
1993) and is not an appointee of the senior foreign
service or solely an appointee as a uniformed service
commissioned officer;
``(iv) is employed in a position in the Executive
Office of the President and is a full-time, noncareer
Presidential, Vice Presidential, or agency head
appointee in an executive agency whose rate of basic
pay is not less than $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in Government
Reform Act of 1993) and is not an appointee of the
senior foreign service or solely an appointee as a
uniformed service commissioned officer; or
``(v) is a Member of Congress; and
``(B) after such service or employment receives
anything of value from a foreign government,
shall be punished as provided in section 216 of this title.''.
(3) Trade negotiators.--Section 207(b)(1) of title 18,
United States Code, is amended by--
(A) inserting ``(A)'' after ``In general.--''; and
(B) adding at the end thereof the following:
``(B) For any person who--
``(i) is a full-time, noncareer Presidential, Vice
Presidential, or agency head appointee in an executive
agency whose rate of basic pay is not less than $70,000
(adjusted for any COLA after the date of enactment of
the Ethics in Government Reform Act of 1993) and is not
an appointee of the senior foreign service or solely an
appointee as a uniformed service commissioned officer;
``(ii) is employed in a position in the Executive
Office of the President, and is a full-time, noncareer
Presidential, Vice Presidential, or agency head
appointee in an executive agency whose rate of basic
pay is not less than $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in Government
Reform Act of 1993) and is not an appointee of the
senior foreign service or solely an appointee as a
uniformed service commissioned officer; or
``(iii) is a Member of Congress or employed in a
position by the Congress at a rate of pay equal to or
greater than $70,000 (adjusted for any COLA after the
date of enactment of the Ethics in Government Reform
Act of 1993),
the restricted period after service referred to in subparagraph
(A) shall be permanent.''.
(4) Congress.--Section 207(e) of title 18, United States
Code, is amended--
(A) in paragraph (1)(A) by striking ``within 1
year'' and inserting ``within 2 years'';
(B) in paragraph (1) by adding at the end thereof
the following:
``(D) Any person who is a Member of Congress and
who, within 5 years after leaving the position,
knowingly makes, with intent to influence, any
communication to or appearance before any committee
member or a staff member of any committee over which
the Member had jurisdiction, on behalf of any other
person (except the United States) in connection with
any matter on which such former Member seeks action by
the committee member or a staff member of the committee
in his or her official capacity, shall be punished as
provided in section 216 of this title.'';
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(D) by inserting after paragraph (5) the following
new paragraph:
``(6) Highly paid staffers.--For any person described in
paragraph (2), (3), (4), or (5), employed in a position at a
rate of pay equal to or greater than $70,000 (adjusted for any
COLA after the date of enactment of the Ethics in Government
Reform Act of 1993)--
``(A) the restriction provided in paragraph (1)(A)
shall apply; and
``(B) the restricted period after termination in
paragraph (2), (3), (4), or (5), applicable to such
person shall be 5 years.''.
(5) Governmentwide 1-year cooling off period.--
(A) Executive.--Subsection (c) of section 207 of
title 18, United States Code, is amended--
(i) by amending the caption for such
subsection to read as follows: ``(c) One-Year
Restriction on all Officers and Employees of
the Executive Branch and Certain Other
Agencies.--'';
(ii) in paragraph (1) by striking ``who is
referred to in paragraph (2)'' and inserting
``who is subject to the restrictions contained
in subsection (a)(1)'';
(iii) by striking ``(1) Restrictions.--'';
and
(iv) by striking paragraph (2).
(B) Congress.--Section 207(e)(6)(A) of title 18,
United States Code, is amended by striking paragraph
(6) and redesignating paragraph (7) as paragraph (6).
(b) Penalties.--
(1) Future lobbying.--Section 216 of title 18, United
States Code, is amended by adding at the end thereof the
following:
``(d) In addition to the penalties provided in subsections (a),
(b), and (c), the punishment for violations of section 207 may include
a prohibition on lobbying the United States for a period of not to
exceed 5 years for each violation.''.
(2) Use of profits.--Section 216(b) of title 18, United
States Code, is amended by adding after the first sentence the
following: ``Any amount of compensation recovered pursuant to
the preceding sentence for a violation of section 207 shall be
deposited in the general fund of the Treasury to reduce the
deficit.''.
SEC. 3. EFFECTIVE DATE.
The restrictions contained in section 207 of title 18, United
States Code, as added by section 2 of this Act--
(1) shall apply only to persons whose service as officers
or employees of the Government, or as Members of Congress
terminates on or after the date of the enactment of this Act;
and
(2) in the case of officers, employees, and Members of
Congress described in section 207(b)(1)(B) of title 18, United
States Code (as added by section 2 of this Act), shall apply
only with respect to participation in trade negotiations or
treaty negotiations, and with respect to access to information,
occurring on or after such date of enactment.
|
Ethics in Government Reform Act of 1993 - Codifies in the Federal criminal code the lobbying restrictions on senior executive branch appointees under Executive Order 12834, generally and with certain technical changes and extends those restrictions to the Vice President, Members of Congress, and highly paid staffers.
Prohibits the President, Vice President, Members of Congress, Federal Reserve Board Governors, and certain other Federal officials from receiving anything of value from a foreign government after their service or employment ends.
|
{"src": "billsum_train", "title": "Ethics in Government Reform Act of 1993"}
| 3,033 | 104 | 0.524742 | 1.451167 | 0.572829 | 2.292135 | 31.191011 | 0.808989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drill Responsibly in Leased Lands
Act of 2008''.
SEC. 2. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
environmentally responsible program of competitive leasing of oil and
gas in the National Petroleum Reserve in Alaska in accordance with this
Act. Such program shall include no fewer than one lease sale in the
Reserve each year during the period 2009 through 2013.''.
SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: PIPELINE CONSTRUCTION.
The Secretary of Transportation shall facilitate, in an
environmentally responsible manner and in coordination with the
Secretary of the Interior, the construction of pipelines necessary to
transport oil and gas from or through the National Petroleum Reserve in
Alaska to existing transportation or processing infrastructure on the
North Slope of Alaska.
SEC. 4. ALASKA NATURAL GAS PIPELINE PROJECT FACILITATION.
(a) Findings.--The Congress finds the following:
(1) Over 35 trillion cubic feet of natural gas reserves
have been discovered on Federal and State lands currently open
to oil and gas leasing on the North Slope of Alaska.
(2) These gas supplies could make a significant
contribution to meeting the energy needs of the United States,
but the lack of a natural gas transportation system has
prevented these gas reserves from reaching markets in the lower
48 States.
(b) Facilitation by President.--The President shall, pursuant to
the Alaska Natural Gas Pipeline Act (division C of Public Law 108-324;
15 U.S.C. 720 et seq.) and other applicable law, coordinate with
producers of oil and natural gas on the North Slope of Alaska, Federal
agencies, the State of Alaska, Canadian authorities, and other
interested persons in order to facilitate construction of a natural gas
pipeline from Alaska to United States markets as expeditiously as
possible.
SEC. 5. PROJECT LABOR AGREEMENTS AND OTHER PIPELINE REQUIREMENTS.
(a) Project Labor Agreements.--The President, as a term and
condition of any permit required under Federal law for the pipelines
referred to in section 3 and section 4, and in recognizing the
Government's interest in labor stability and in the ability of
construction labor and management to meet the particular needs and
conditions of such pipelines to be developed under such permits and the
special concerns of the holders of such permits, shall require that the
operators of such pipelines and their agents and contractors negotiate
to obtain a project labor agreement for the employment of laborers and
mechanics on production, maintenance, and construction for such
pipelines.
(b) Pipeline Maintenance.--The Secretary of Transportation shall
require every pipeline operator authorized to transport oil and gas
produced under Federal oil and gas leases in Alaska through the Trans-
Alaska Pipeline, any pipeline constructed pursuant to section 3 or 4 of
this Act, or any other federally approved pipeline transporting oil and
gas from the North Slope of Alaska, to certify to the Secretary of
Transportation annually that such pipeline is being fully maintained
and operated in an efficient manner. The Secretary of Transportation
shall assess appropriate civil penalties for violations of this
requirement in the same manner as civil penalties are assessed for
violations under section 60122(a)(1) of title 49, United States Code.
SEC. 6. BAN ON EXPORT OF ALASKAN OIL.
(a) Repeal of Provision Authorizing Exports.--Section 28(s) of the
Mineral Leasing Act (30 U.S.C. 185(s)) is repealed.
(b) Reimposition of Prohibition on Crude Oil Exports.--Upon the
effective date of this Act, subsection (d) of section 7 of the Export
Administration Act of 1979 (50 U.S.C. App. 2406(d)), shall be
effective, and any other provision of that Act (including sections 11
and 12) shall be effective to the extent necessary to carry out such
section 7(d), notwithstanding section 20 of that Act or any other
provision of law that would otherwise allow exports of oil to which
such section 7(d) applies.
SEC. 7. ISSUANCE OF NEW LEASES.
(a) In General.--After the date of the issuance of regulations
under subsection (b), the Secretary of the Interior shall not issue to
a person any new lease that authorizes the exploration for or
production of oil or natural gas, under section 17 of the Mineral
Leasing Act (33 U.S.C. 226), the Mineral Leasing Act for Acquired Lands
Act (30 U.S.C. 351 et seq.), the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), or any other law authorizing the issuance of oil
and gas leases on Federal lands or submerged lands, unless--
(1) the person certifies for each existing lease under such
Acts for the production of oil or gas with respect to which the
person is a lessee, that the person is diligently developing
the Federal lands that are subject to the lease in order to
produce oil or natural gas or is producing oil or natural gas
from such land; or
(2) the person has relinquished all ownership interest in
all Federal oil and gas leases under which oil and gas is not
being diligently developed.
(b) Diligent Development.--The Secretary shall issue regulations
within 180 days after the date of enactment of this Act that establish
what constitutes ``diligently developing'' for purposes of this Act.
(c) Failure To Comply With Requirements.--Any person who fails to
comply with the requirements of this section or any regulation or order
issued to implement this section shall be liable for a civil penalty
under section 109 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1719).
(d) Lessee Defined.--In this section the term ``lessee''--
(1) includes any person or other entity that controls, is
controlled by, or is in or under common control with, a lessee;
and
(2) does not include any person who does not hold more than
a minority ownership interest in a lease under an Act referred
to in subsection (a) authorizing the exploration for or
production of oil or natural gas.
SEC. 8. FAIR RETURN ON PRODUCTION OF FEDERAL OIL AND GAS RESOURCES.
(a) Royalty Payments.--The Secretary of the Interior shall take all
steps necessary to ensure that lessees under leases for exploration,
development, and production of oil and natural gas on Federal lands,
including leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.),
the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the
Outer Continental Shelf Lands Act (30 U.S.C. 1331 et seq.), and all
other mineral leasing laws, are making prompt, transparent, and
accurate royalty payments under such leases.
(b) Recommendations for Legislative Action.--In order to facilitate
implementation of subsection (a), the Secretary of the Interior shall,
within 180 days after the date of the enactment of this Act and in
consultation with the affected States, prepare and transmit to Congress
recommendations for legislative action to improve the accurate
collection of Federal oil and gas royalties.
|
Drill Responsibly in Leased Lands Act of 2008 - Amends the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an oil and gas competitive leasing program in the National Petroleum Reserve, Alaska, that includes at least one lease sale each year during the period 2009 through 2013.
Instructs the Secretary of Transportation to: (1) facilitate pipeline construction to transport oil and gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska; and (2) require certain authorized pipeline operators to certify annually that the pipeline is being fully maintained and operated in an efficient manner.
Directs the President to coordinate with oil and natural gas producers on the North Slope of Alaska, and other specified entities, to expedite construction of a natural gas pipeline from Alaska to U.S. markets.
Amends the Mineral Leasing Act to repeal provisions authorizing the export of Alaskan North Slope oil.
Amends the Export Administration Act of 1979 to reimpose the prohibition against crude oil exports.
Prohibits the Secretary of the Interior from authorizing any new lease for exploration or production of oil or natural gas unless the lessee: (1) certifies for each existing lease that the lessee has diligently developed the pertinent federal lands in order to produce oil or natural gas, or is producing oil or natural gas from them; or (2) has relinquished all federal oil and gas leases that are not being diligently developed.
Instructs the Secretary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on federal lands make prompt, transparent, and accurate royalty payments.
|
{"src": "billsum_train", "title": "To amend the Naval Petroleum Reserves Production Act of 1976 to require the Secretary of the Interior to conduct an expeditious environmentally responsible program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska, and for other purposes."}
| 1,694 | 354 | 0.664902 | 2.054308 | 0.832069 | 4.143312 | 4.60828 | 0.933121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiprogestin Testing Act of 1993''.
SEC. 2. INFORMATION.
(a) Collection.--
(1) In general.--The Commissioner of Food and Drugs
(referred to in this section as the ``Commissioner'') shall, to
the extent possible, collect information with respect to the
drug RU-486, also known as Mifeprestone, including samples and
specimens, that is required to be submitted by an applicant for
approval of a new drug, as described in section 505(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)).
(2) Uses of drug.--The Commissioner shall collect such
information regarding--
(A) use of the drug as an abortifacient or
contraceptive; and
(B) use of the drug for the treatment of cancer,
brain tumors, Cushings syndrome, or other serious or
life-threatening diseases.
(b) Consideration.--The Commissioner shall consider the information
collected under subsection (a) with respect to the drug to be an
application, submitted by the manufacturer of the drug, for approval of
the drug for each of the uses described in subsection (a)(2).
(c) Approval Decision.--
(1) In general.--The Commissioner shall review the
information collected under subsection (a) as if the
information comprised such an application. The Commissioner
shall issue an order approving, or refusing to approve, the
application with respect to each of the uses in accordance with
subsections (c) and (d) of section 505 of such Act.
(2) Refusal to approve due to insufficient tests,
information, or evidence.--
(A) Notification of director of national institutes
of health.--The Commissioner shall notify the Director
of the National Institutes of Health (referred to in
this section as the ``Director'') if the Commissioner
issues an order refusing to approve the application
because of--
(i) the lack of inclusion of adequate tests
in the investigation of the drug, as described
in section 505(d)(1) of such Act;
(ii) insufficient information, as described
in section 505(d)(4) of such Act; or
(iii) a lack of substantial evidence, as
described in section 505(d)(5) of such Act.
(B) Information.--On so notifying the Director, the
Commissioner shall submit to the Director all
information relevant to the decision of the
Commissioner to issue such order. Such information
shall include a description of the tests that were not
included in the investigation, or a description of the
information or evidence that was not submitted with the
application.
(3) Report.--The Commissioner shall prepare, and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate, a report concerning any order issued under
paragraph (1).
(d) Research.--
(1) In general.--If the Commissioner issues an order
refusing to approve the application, the Director shall
expeditiously conduct or support research (including clinical
trials) on RU-486, in order to conduct the tests, or develop
the information or evidence, described in subsection (c)(2)(B).
(2) Institutional review boards and peer review.--Research
conducted or supported under paragraph (1) shall be subject to
sections 491 and 492 of the Public Health Service Act (42
U.S.C. 289 and 289a).
(3) Results.--The Director shall submit the results of the
research to the Commissioner. The Commissioner shall consider
the results, along with the information collected under
subsection (a) with respect to the drug, to be information
submitted by the manufacturer of the drug as described in
subsection (b), and shall review, and issue an order approving
or refusing to approve, the application for the drug, in
accordance with subsection (c).
(e) Report.--The Secretary of Health and Human Services shall
prepare, and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Labor and Human Resources
of the Senate, a report on the status of research conducted or
supported under subsection (d) within 6 months of the date on which the
Commissioner provides notification under subsection (c)(2)(A), and
every 6 months thereafter until the research is completed.
SEC. 3. FEES AND COSTS.
If the Commissioner issues an order approving an application with
respect to the drug RU-486 for a use described in section 2(a)(2), any
person who introduces the drug into interstate commerce or delivers the
drug for introduction into interstate commerce for such use shall
reimburse--
(1) the Food and Drug Administration for--
(A) the amount indicated in the fee schedule set
forth in section 736 of the Federal Food, Drug, and
Cosmetic Act; and
(B) the amount of the costs incurred by the
Commissioner in complying with section 2(a); and
(2) the National Institutes of Health for the amount of any
costs incurred by the Director in complying with section 2(d).
|
Antiprogestin Testing Act of 1993 - Directs the Commissioner of Food and Drugs to collect: (1) information concerning the drug RU-486, including samples and specimens, required to be submitted by an applicant for approval of a new drug; and (2) such information regarding use of the drug as an abortifacient or contraceptive and for the treatment of cancer, brain tumors, Cushings syndrome, or other serious or life-threatening diseases.
Requires the Commissioner to: (1) consider such information to be an application submitted by the manufacturer of the drug for its approval for each of such uses; and (2) review such information and issue an order approving or refusing to approve the application with respect to each such use.
Directs the Commissioner to: (1) notify the Director of the National Institutes of Health (NIH) if the Commissioner issues an order refusing to approve the application because of the lack of adequate tests in the investigation of the drug, sufficient information, or substantial evidence; (2) submit to the Director all information relevant to the decision to issue such order; and (3) report to specified congressional committees concerning any such order.
Requires the Director, if the Commissioner issues an order refusing to approve the application, to expeditiously conduct or support research (including clinical trials) on RU-486 in order to conduct tests that were not included in the investigation or to develop information or evidence that was not submitted with the application. Makes any such research subject to provisions of the Public Health Service Act concerning institutional review boards and peer review. Requires the Director to submit the results of the research to the Commissioner who shall consider the results (along with the information collected) to be information submitted by the drug manufacturer, review the drug application, and issue an order approving or refusing to approve it. Sets forth reporting requirements.
Specifies that if the Commissioner issues an order approving an application with respect to such drug for any of such uses, any person who introduces the drug into interstate commerce or delivers the drug for such introduction shall reimburse the Food and Drug Administration and NIH for specified costs.
|
{"src": "billsum_train", "title": "Antiprogestin Testing Act of 1993"}
| 1,112 | 454 | 0.738202 | 2.569427 | 0.84496 | 4.205811 | 2.479419 | 0.927361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Language of Government Act of
1995''.
SEC. 2. FINDINGS AND CONSTRUCTION.
(a) Findings.--The Congress finds and declares--
(1) that the United States is comprised of individuals and
groups from diverse ethnic, cultural, and linguistic
backgrounds;
(2) that the United States has benefited and continues to
benefit from this rich diversity;
(3) that throughout the history of the Nation, the common
thread binding those of differing backgrounds has been a common
language;
(4) that in order to preserve unity in diversity, and to
prevent division along linguistic lines, the United States
should maintain a language common to all people;
(5) that English has historically been the common language
and the language of opportunity in the United States;
(6) that the use of a single common language in the conduct
of the Government's official business will promote efficiency
and fairness to all people; and
(7) that English should be recognized in law as the
language of official business of the Government.
(b) Construction.--The amendments made by section 3--
(1) are not intended in any way to discriminate against or
restrict the rights of any individual in the United States;
(2) are not intended to discourage or prevent the use of
languages other than English in any nonofficial capacity; and
(3) except where an existing law of the United States
directly contravenes the amendments made by section 3 (such as
by requiring the use of a language other than English for
official business of the Government of the United States), are
not intended to repeal existing laws of the United States.
SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF GOVERNMENT.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language of Government.
``162. Preserving and enhancing the role of the official language.
``163. Official Government activities in English.
``164. Standing.
``165. Definitions.
``Sec. 161. Declaration of official language of Government
``The official language of the Government of the United States is
English.
``Sec. 162. Preserving and enhancing the role of the official language
``The Government shall have an affirmative obligation to preserve
and enhance the role of English as the official language of the United
States Government. Such obligation shall include encouraging greater
opportunities for individuals to learn the English language.
``Sec. 163. Official Government activities in English
``(a) Conduct of Business.--The Government shall conduct its
official business in English.
``(b) Denial of Services.--No person shall be denied services,
assistance, or facilities, directly or indirectly provided by the
Government solely because the person communicates in English.
``(c) Entitlement.--Every person in the United States is entitled
to--
``(1) communicate with the Government in English;
``(2) receive information from or contribute information to
the Government in English; and
``(3) be informed of or be subject to official orders in
English.
``Sec. 164. Standing
``Any person alleging injury arising from a violation of this
chapter shall have standing to sue in the courts of the United States
under sections 2201 and 2202 of title 28, United States Code, and for
such other relief as may be considered appropriate by the courts.
``Sec. 165. Definitions
``For purposes of this chapter:
``(1) Government.--The term `Government' means all branches
of the Government of the United States and all employees and
officials of the Government of the United States while
performing official business.
``(2) Official business.--The term `official business'
means those governmental actions, documents, or policies which
are enforceable with the full weight and authority of the
Government, but does not include--
``(A) actions or documents that are primarily
informational or educational;
``(B) actions, documents, or policies that are not
enforceable in the United States;
``(C) actions, documents, or policies necessary for
international relations, trade, or commerce;
``(D) actions or documents that protect the public
health or safety;
``(E) actions that protect the rights of victims of
crimes or criminal defendants; and
``(F) documents that utilize terms of art or
phrases from languages other than English.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the date of enactment of this Act, except that no suit may
be commenced to enforce or determine rights under the amendments until
January 1, 1996.
SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF
NEW CITIZENS.
(a) Requirement.--Section 337(d) of the Immigration and Nationality
Act (8 U.S.C. 1448(d)) is amended by adding at the end ``All public
ceremonies in which the oath of allegiance is administered pursuant to
this section shall be conducted solely in the English language.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 60 days after the date of enactment of this Act.
SEC. 5. PREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State.
|
Language of Government Act of 1995 - Amends Federal law to declare English as the official language of the Government.
Amends the Immigration and Nationality Act to require all public ceremonies in which the citizenship oath is administered to be conducted solely in English.
|
{"src": "billsum_train", "title": "Language of Government Act of 1995"}
| 1,274 | 57 | 0.474537 | 1.130015 | 0.623513 | 3.212766 | 25.510638 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Excessive Corporate
Deductions for Stock Options Act''.
SEC. 2. CONSISTENT TREATMENT OF STOCK OPTIONS BY CORPORATIONS.
(a) Consistent Treatment for Wage Deduction.--
(1) In general.--Section 83(h) of the Internal Revenue Code
of 1986 (relating to deduction of employer) is amended--
(A) by striking ``In the case of'' and inserting:
``(1) In general.--In the case of'', and
(B) by adding at the end the following new
paragraph:
``(2) Stock options.--In the case of property transferred
to a person in connection with a stock option, any deduction
related to such stock option shall be allowed only under
section 162(q) and paragraph (1) shall not apply.''.
(2) Treatment of compensation paid with stock options.--
Section 162 of such Code (relating to trade or business
expenses) is amended by redesignating subsection (q) as
subsection (r) and by inserting after subsection (p) the
following new subsection:
``(q) Treatment of Compensation Paid With Stock Options.--
``(1) In general.--In the case of compensation for personal
services that is paid with stock options, the deduction under
subsection (a)(1) shall not exceed the amount the taxpayer has
treated as compensation cost with respect to such stock options
for the purpose of ascertaining income, profit, or loss in a
report or statement to shareholders, partners, or other
proprietors (or to beneficiaries), and shall be taken into
account in the same period that such compensation cost is
recognized for such purpose.
``(2) Special rules for controlled groups.--The Secretary
may prescribe rules for the application of paragraph (1) in
cases where the stock option is granted by--
``(A) a parent or subsidiary corporation (within
the meaning of section 424) of the taxpayer, or
``(B) another corporation.''.
(b) Consistent Treatment for Research Tax Credit.--Section
41(b)(2)(D) of the Internal Revenue Code of 1986 (defining wages for
purposes of credit for increasing research expenses) is amended by
inserting at the end the following new clause:
``(iv) Special rule for stock options.--The
amount which may be treated as wages for any
taxable year in connection with the issuance of
a stock option shall not exceed the amount
allowed for such taxable year as a compensation
deduction under section 162(q) with respect to
such stock option.''.
(c) Application of Amendments.--The amendments made by this section
shall apply to stock options exercised after the date of the enactment
of this Act, except that--
(1) such amendments shall not apply to stock options that
were granted before such date and that vested in taxable
periods beginning on or before June 15, 2005,
(2) for stock options that were granted before such date of
enactment and vested during taxable periods beginning after
June 15, 2005, and ending before such date of enactment, a
deduction under section 162(q) of the Internal Revenue Code of
1986 (as added by subsection (a)(2)) shall be allowed in the
first taxable period of the taxpayer that ends after such date
of enactment,
(3) for public entities reporting as small business issuers
and for non-public entities required to file public reports of
financial condition, paragraphs (1) and (2) shall be applied by
substituting ``December 15, 2005'' for ``June 15, 2005'', and
(4) no deduction shall be allowed under section 83(h) or
section 162(q) of such Code with respect to any stock option
the vesting date of which is changed to accelerate the time at
which the option may be exercised in order to avoid the
applicability of such amendments.
SEC. 3. APPLICATION OF EXECUTIVE PAY DEDUCTION LIMIT.
(a) In General.--Subparagraph (D) of section 162(m)(4) of the
Internal Revenue Code of 1986 (defining applicable employee
remuneration) is amended to read as follows:
``(D) Stock option compensation.--The term
`applicable employee remuneration' shall include any
compensation deducted under subsection (q), and such
compensation shall not qualify as performance-based
compensation under subparagraph (C).''.
(b) Effective Date.--The amendment made by this section shall apply
to stock options exercised or granted after the date of the enactment
of this Act.
|
Ending Excessive Corporate Deductions for Stock Options Act - Amends the Internal Revenue Code to: (1) limit the employer tax deduction for stock options granted to its employees to the value of such options as recorded on the employer's books at the time such options are granted; and (2) apply the $1 million limitation on the employer tax deduction for employee remuneration to stock option compensation.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that corporate tax benefits based upon stock option compensation expenses be consistent with accounting expenses shown in corporate financial statements for such compensation."}
| 1,027 | 85 | 0.53779 | 1.267857 | 0.565602 | 1.773333 | 12.226667 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Advocacy Review Panel
Technical Amendments Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) A vibrant and growing small business sector is critical
to creating jobs in a dynamic economy.
(2) Small businesses bear a disproportionate share of
regulatory costs and burdens.
(3) Federal agencies must consider the impact of their
regulations on small businesses early in the rulemaking
process.
(4) The Small Business Advocacy Review Panel process that
was established by the Small Business Regulatory Enforcement
Fairness Act of 1996 has been effective in allowing small
businesses to participate in rules that are being developed by
the Environmental Protection Agency and the Occupational Safety
and Health Administration.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide a forum for the effective participation of
small businesses in the Federal regulatory process.
(2) To clarify and strengthen the Small Business Advocacy
Review Panel process.
(3) To expand the number of Federal agencies that are
required to convene Small Business Advocacy Review Panels.
SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES
OF RULES PROPOSED BY CERTAIN AGENCIES.
Section 609(b) of title 5, United States Code, is amended to read
as follows:
``(b)(1) Before the publication of an initial regulatory
flexibility analysis that a covered agency is required to conduct under
this chapter, the head of the covered agency shall--
``(A) notify the Chief Counsel for Advocacy of the Small
Business Administration (in this subsection referred to as the
`Chief Counsel') in writing;
``(B) provide the Chief Counsel with information on the
potential impacts of the proposed rule on small entities and
the type of small entities that might be affected; and
``(C) not later than 30 days after complying with
subparagraphs (A) and (B)--
``(i) in consultation with the Chief Counsel,
identify affected small entity representatives; and
``(ii) transmit to the identified small entity
representatives a detailed summary of the information
referred to in subparagraph (B) or the information in
full, if so requested by the small entity
representative, for the purposes of obtaining advice
and recommendations about the potential impacts of the
draft proposed rule.
``(2)(A) Not earlier than 30 days after the covered agency
transmits information pursuant to paragraph (1)(C)(ii), the head of the
covered agency shall convene a review panel for the draft proposed
rule. The panel shall consist solely of full-time Federal employees of
the office within the covered agency that will be responsible for
carrying out the proposed rule, the Office of Information and
Regulatory Affairs of the Office of Management and Budget, and the
Chief Counsel.
``(B) The review panel shall--
``(i) review any material the covered agency has prepared
in connection with this chapter, including any draft proposed
rule;
``(ii) collect advice and recommendations from the small
entity representatives identified under paragraph (1)(C)(i) on
issues related to paragraphs (3), (4), and (5) of section
603(b) and section 603(c); and
``(iii) allow any small entity representative identified
under paragraph (1)(C)(i) to make an oral presentation to the
panel, if requested.
``(C) Not later than 60 days after the date a covered agency
convenes a review panel pursuant to this paragraph, the review panel
shall report to the head of the covered agency on--
``(i) the comments received from the small entity
representatives identified under paragraph (1)(C)(i); and
``(ii) its findings regarding issues related to paragraphs
(3), (4), and (5) of section 603(b) and section 603(c).
``(3)(A) Except as provided in subparagraph (B), the head of the
covered agency shall print in the Federal Register the report of the
review panel under paragraph (2)(C), including any written comments
submitted by the small entity representatives and any appendices cited
in the report, as soon as practicable, but not later than--
``(i) 180 days after the date the head of the covered
agency receives the report; or
``(ii) the date of the publication of the notice of
proposed rulemaking for the proposed rule.
``(B) The report of the review panel printed in the Federal
Register shall not include any confidential business information
submitted by any small entity representative.
``(4) Where appropriate, the covered agency shall modify the draft
proposed rule, the initial regulatory flexibility analysis for the
draft proposed rule, or the decision on whether an initial regulatory
flexibility analysis is required for the draft proposed rule.''.
SEC. 4. DEFINITIONS.
Section 609(d) of title 5, United States Code, is amended to read
as follows:
``(d) For the purposes of this section--
``(1) the term `covered agency' means the Environmental
Protection Agency, the Occupational Safety and Health
Administration of the Department of Labor, and the Internal
Revenue Service of the Department of the Treasury; and
``(2) the term `small entity representative' means a small
entity, or an individual or organization that primarily
represents the interests of 1 or more small entities.''.
SEC. 5. COLLECTION OF INFORMATION REQUIREMENT.
(a) Definition.--Section 601 of title 5, United States Code, is
amended--
(1) in paragraph (5) by inserting ``and'' after the
semicolon;
(2) in paragraph (6) by striking ``; and'' and inserting a
period; and
(3) by striking paragraphs (7) and (8).
(b) Initial Regulatory Flexibility Analysis.--The fifth sentence of
section 603 of title 5, United States Code, is amended to read as
follows: ``In the case of an interpretative rule involving the internal
revenue laws of the United States, this chapter applies to
interpretative rules (including proposed, temporary, and final
regulations) published in the Federal Register for codification in the
Code of Federal Regulations.''.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect upon the expiration of the 90-day period
beginning on the date of the enactment of this Act.
Passed the Senate September 28, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 1156
_______________________________________________________________________
AN ACT
To amend provisions of law enacted by the Small Business Regulatory
Enforcement Fairness Act of 1996 to ensure full analysis of potential
impacts on small entities of rules proposed by certain agencies, and
for other purposes.
|
Small Business Advocacy Review Panel Technical Amendments Act of 1999 - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 180 days after receiving it or as part of the publication of the notice of proposed rulemaking. Prohibits such report from including confidential business information submitted by any small entity representative. Defines as agencies covered by the rule the Environmental Protection Agency, the Occupational Safety and Health Administration, and the Internal Revenue Service.
|
{"src": "billsum_train", "title": "Small Business Advocacy Review Panel Technical Amendments Act of 1999"}
| 1,498 | 147 | 0.60044 | 1.592769 | 0.711849 | 3.320313 | 11.625 | 0.898438 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miccosukee Settlement Act of 1997''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds and declares that--
(1) there is pending before the United States District
Court for the Southern District of Florida a lawsuit by the
Miccosukee Tribe which involves the taking of certain tribal
lands in connection with the construction of highway interstate
75 by the Florida Department of Transportation;
(2) the pendency of this lawsuit clouds title of certain
lands used in the maintenance and operation of the highway and
hinders proper planning for future maintenance and operations;
(3) the Florida Department of Transportation, with the
concurrence of the board of trustees of the Internal
Improvements Trust Fund of the State of Florida, and the
Miccosukee Tribe have executed an agreement for the purpose of
resolving the dispute and settling the lawsuit, which agreement
requires consent of the Congress in connection with
contemplated land transfers;
(4) the settlement agreement is in the interests of the
Miccosukee Tribe in that the tribe will receive certain
monetary payments, new reservation land to be held in trust by
the United States, and other benefits;
(5) land received by the United States pursuant to the
settlement agreement is in consideration of Miccosukee Indian
Reservation land lost by the Miccosukee Tribe by virtue of
transfer to the Florida Department of Transportation under the
settlement agreement, and such United States land therefore
shall be held in trust by the United States for the use and
benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation land in compensation for the consideration given by
the tribe in the settlement agreement; and
(6) Congress shares with the parties to the settlement
agreement a desire to resolve the dispute and settle the
lawsuit.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the terms ``Miccosukee Tribe'' and ``tribe'' mean the
Miccosukee Tribe of Indians of Florida, a tribe of American
Indians recognized by the United States and organized under
section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C.
476), and recognized by the State of Florida pursuant to
chapter 285, Florida Statutes;
(2) the term ``Miccosukee land'' means land held in trust
by the United States for the use and benefit of the Miccosukee
Tribe as Miccosukee Indian Reservation land which is identified
pursuant to the settlement agreement for transfer to the
Florida Department of Transportation;
(3) the term ``Florida Department of Transportation'' means
the executive branch department and agency of the State of
Florida responsible for, among other matters, the construction
and maintenance of surface vehicle roads, existing pursuant to
section 20.23, Florida Statutes, with authority to execute the
settlement agreement pursuant to section 334.044, Florida
Statutes;
(4) the term ``board of trustees of the Internal
Improvements Trust Fund'' means the agency of the State of
Florida holding legal title to and responsible for trust
administration of certain lands of the State of Florida,
consisting of the Florida Governor, Attorney General,
Commissioner of Agriculture, Commissioner of Education,
Controller, Secretary of State, and Treasurer sitting as
trustees;
(5) the term ``State of Florida'' means all agencies or
departments of the State of Florida, including the Florida
Department of Transportation and the board of trustees of the
Internal Improvements Trust Fund, as well as the State itself
as a governmental entity;
(6) the term ``Secretary'' means the United States
Secretary of the Interior;
(7) the term ``land transfers'' means those lands
identified in the settlement agreement for transfer from the
United States to the Florida Department of Transportation and
those lands identified in the settlement agreement for transfer
from the State of Florida to the United States;
(8) the term ``lawsuit'' means the action in the United
States District Court for the Southern District of Florida,
entitled Miccosukee Tribe of Indians of Florida v. State of
Florida and Florida Department of Transportation, et al.,
docket number 91-6285-Civ-Paine; and
(9) the terms ``settlement agreement'' and ``agreement''
mean those documents entitled ``settlement agreement'' (with
incorporated exhibits), which identifies the lawsuit in the
first paragraph, which was signed on page 15 therein on August
28, 1996, by Ben G. Watts (Secretary of the Florida Department
of Transportation) and Billy Cypress (Chairman of the
Miccosukee Tribe), and thereafter concurred in by the board of
trustees of the Internal Improvements Trust Fund of the State
of Florida.
SEC. 4. AUTHORITY OF SECRETARY.
As trustee for the Miccosukee Tribe, the Secretary shall:
(1) Aid and assist in the fulfillment of the settlement
agreement at all times and in all reasonable manner, and
cooperate with and assist the Miccosukee Tribe for this
purpose.
(2) Upon finding that the settlement agreement is legally
sufficient and that the State of Florida and its agencies have
the necessary authority to fulfill the agreement, sign the
settlement agreement on behalf of the United States, and have a
representative of the Bureau of Indian Affairs sign the
settlement agreement as well.
(3) Upon finding that all necessary conditions precedent to
the transfer of Miccosukee land to the Florida Department of
Transportation as provided in the settlement agreement have
been or will be met so that the agreement has been or will be
fulfilled but for the execution of this land transfer and
related land transfers, transfer ownership of the Miccosukee
land to the Florida Department of Transportation as provided in
the settlement agreement, including in such transfer solely and
exclusively that Miccosukee land identified in the settlement
agreement for such transfer and no other land.
(4) Upon finding that all necessary conditions precedent to
the transfer of Florida land to the United States have been or
will be met so that the agreement has been or will be fulfilled
but for the execution of this land transfer and related land
transfers, receive and accept in trust for the use and benefit
of the Miccosukee Tribe ownership of all land identified in the
settlement agreement for transfer to the United States,
constituting thereby Indian Reservation lands of the Miccosukee
Tribe.
Passed the House of Representatives November 13, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
|
Miccosukee Settlement Act of 1997 - Directs the Secretary of the Interior, as trustee for the Miccosukee Tribe, to assist in the fulfillment of the settlement agreement concerning the transfer of: (1) certain Miccosukee tribal land to the Florida Department of Transportation; and (2) certain Florida land to the United States to be received and accepted in trust for the use and benefit of the Miccosukee Tribe, constituting thereby Indian Reservation lands of the Miccosukee Tribe.
|
{"src": "billsum_train", "title": "Miccosukee Settlement Act of 1997"}
| 1,437 | 116 | 0.706553 | 1.905262 | 0.556225 | 4.546512 | 15.232558 | 0.965116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lyme and Tick-Borne Disease
Prevention, Education, and Research Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is a bacterial infection that is
transmitted by a tick bite. Early signs of infection may
include a rash and flu-like symptoms such as fever, muscle
aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed. Untreated, Lyme
disease can lead to severe heart, neurological, eye, and joint
problems because the bacteria can affect many different organs
and organ systems.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other diseases, such as
ehrlichiosis, babesiosis, and other strains of Borrelia. All of
these diseases in 1 patient makes diagnosis and treatment more
difficult.
(6) Studies indicate that the actual number of tick-borne
disease cases are approximately 10 times the amount reported.
(7) Persistence of symptomatology in many patients without
reliable testing makes treatment of patients more difficult.
SEC. 3. 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
are 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.--From among individuals who are not
officers or employees of the Federal Government, the
Secretary shall appoint to the Committee, as voting
members, an equal number of individuals from each of
the groups described in clauses (i) through (v) of
subparagraph (B).
(B) Groups.--The groups described in this
subparagraph include the following:
(i) Scientific community members
representing the broad spectrum of viewpoints
held within the scientific community related to
Lyme and other tick-borne diseases.
(ii) Representatives of tick-borne disease
voluntary organizations.
(iii) 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) 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) 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 of 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) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $250,000 for
each of the fiscal years 2008 through 2011. Amounts appropriated under
the preceding sentence 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.
SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE,
PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE
DISEASES.
(a) In General.--The Secretary, acting as appropriate through the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institutes of Health, the Commissioner of Food
and Drugs, and the Director of the Agency for Healthcare Research and
Quality, as well as additional Federal agencies as the Secretary
determines to be appropriate, and in consultation with the Tick-Borne
Diseases Advisory Committee, shall provide for the coordination of all
Federal programs and activities related to Lyme and other tick-borne
diseases, including the activities described in paragraphs (1) through
(4) of subsection (b).
(b) Activities.--The activities described in this subsection are
the following:
(1) Development of diagnostic tests.--Such activities
include--
(A) the development of sensitive and more accurate
diagnostic tools and tests, including a direct
detection test for Lyme disease capable of
distinguishing active infection from past infection;
(B) improving the efficient utilization of
diagnostic testing currently available to account for
the multiple clinical manifestations of both acute and
chronic Lyme disease; and
(C) providing for the timely evaluation of
promising emerging diagnostic methods.
(2) Surveillance and reporting.--Such activities include
surveillance and reporting of Lyme and other tick-borne
diseases--
(A) to accurately determine the prevalence of Lyme
and other tick-borne disease;
(B) to evaluate the feasibility of developing a
reporting system for the collection of data on
physician-diagnosed cases of Lyme disease that do not
meet the surveillance criteria of the Centers for
Disease Control and Prevention in order to more
accurately gauge disease incidence; and
(C) to evaluate the feasibility of creating a
national uniform reporting system including required
reporting by laboratories in each State.
(3) Prevention.--Such activities include--
(A) the provision and promotion of access to a
comprehensive, up-to-date clearinghouse of peer-
reviewed information on Lyme and other tick-borne
disease;
(B) increased public education related to Lyme and
other tick-borne diseases through the expansion of the
Community Based Education Programs of the Centers for
Disease Control and Prevention to include expansion of
information access points to the public;
(C) the creation of a physician education program
that includes the full spectrum of scientific research
related to Lyme and other tick-borne diseases; and
(D) the sponsoring of scientific conferences on
Lyme and other tick-borne diseases, including reporting
and consideration of the full spectrum of clinically-
based knowledge, with the first of such conferences to
be held not later than 24 months after the date of
enactment of this Act.
(4) Clinical outcomes research.--Such activities include--
(A) the establishment of epidemiological research
objectives to determine the long term course of illness
for Lyme disease; and
(B) determination of the effectiveness of different
treatment modalities by establishing treatment outcome
objectives.
(c) Authorization of Appropriations.--For the purposes of carrying
out this section, and for the purposes of providing for additional
research, prevention, and educational activities for Lyme and other
tick-borne diseases, there is authorized to be appropriated $20,000,000
for each of the fiscal years 2008 through 2012. Such authorization is
in addition to any other authorization of appropriations available for
such purpose.
SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the activities carried out under this
Act.
(b) Content.--Reports under subsection (a) shall contain--
(1) significant activities or developments related to the
surveillance, diagnosis, treatment, education, or prevention of
Lyme or other tick-borne diseases, including suggestions for
further research and education;
(2) a scientifically qualified assessment of Lyme and other
tick-borne diseases, including both acute and chronic
instances, related to the broad spectrum of empirical evidence
of treating physicians, as well as published peer reviewed
data, that shall include recommendations for addressing
research gaps in diagnosis and treatment of Lyme and other
tick-borne diseases and an evaluation of treatment guidelines
and their utilization;
(3) progress in the development of accurate diagnostic
tools that are more useful in the clinical setting for both
acute and chronic disease; and
(4) the promotion of public awareness and physician
education initiatives to improve the knowledge of health care
providers and the public regarding clinical and surveillance
practices for Lyme disease and other tick-borne diseases.
|
Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2007 - Requires the Secretary of Health and Human Services to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding how 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 heath 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.
Requires the Secretary, acting through the appropriate federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) accurately determining the prevalence of such diseases; (4) evaluating the feasibility of creating a national uniform reporting system; (5) providing and promoting access to a clearinghouse of information on such diseases; (6) increasing public education related to such diseases; (7) creating a physician education program; (8) establishing epidemiological research objectives to determine the long term course of illness for Lyme disease; and (9) determining the effectiveness of different treatment modalities by establishing treatment outcome objectives
|
{"src": "billsum_train", "title": "To provide for the expansion of Federal efforts concerning the prevention, education, treatment, and research activities related to Lyme and other tick-borne diseases, including the establishment of a Tick-Borne Diseases Advisory Committee."}
| 2,407 | 338 | 0.615386 | 1.983198 | 0.7586 | 5.358306 | 7.400651 | 0.960912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territories Medicare Prescription
Drug Assistance Equity Act of 2014''.
SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND
COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG
PROGRAM.
(a) Medicare Assistance.--Section 1860D-14(a)(3) of the Social
Security Act (42 U.S.C. 1395w-114(a)(3)) is amended by striking
subparagraph (F).
(b) Medicaid Assistance.--Section 1935 of the Social Security Act
(42 U.S.C. 1396v) is amended--
(1) in subsection (c)(1)(A)--
(A) by inserting ``(and each other State for each
month beginning with January 2016)'' after ``January
2006''; and
(B) in clause (i), by inserting ``or (2)(B) (as the
case may be)'' after ``paragraph (2)(A)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by amending the heading to read as
follows: ``Computation for 50 states and the
district of columbia''; and
(ii) by striking ``a State described in
paragraph (1)'' and inserting ``one of the 50
States or the District of Columbia'';
(B) in subparagraph (B)--
(i) by striking ``subparagraph (A)'' and
inserting ``subparagraph (A) or (B) (as the
case may be)''; and
(ii) by redesignating such subparagraph as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Computation for territories.--The amount
computed under this paragraph for a State not described
in subparagraph (A) and for a month in a year
(beginning with 2016) is equal to--
``(i) \1/12\ of the product of--
``(I) the amount determined under
subsection (e) for the State for 2015;
and
``(II) 100 percent minus the
highest possible Federal medical
assistance percentage that may be
applied to any of the 50 States for
fiscal year 2014 under section
1905(b)(1); and
``(ii) increased for each year ((beginning
with 2016) up to and including the year
involved) by the applicable growth factor
specified in paragraph (4) for that year.'';
and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``of
such State; and'' and inserting ``of such State
for years before 2016;'';
(ii) in subparagraph (B)--
(I) by inserting ``for periods
before January 1, 2016'' after ``(B)'';
and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) for the first 3 quarters of fiscal year 2016
and for each subsequent fiscal year, the amount
otherwise applied under section 1108(f) for the State
shall be increased by the amount specified in paragraph
(4)(A) for such period or fiscal year.'';
(B) in paragraph (2), by striking ``The Secretary''
and inserting ``For periods before January 2016, the
Secretary'';
(C) in paragraph (3)--
(i) in the heading, by inserting ``before
second quarter of fiscal year 2016'' after
``Increased amount'';
(ii) in subparagraph (A)--
(I) in the matter before clause
(i), by inserting ``or other fiscal
period'' after ``for a year''; and
(II) in clause (i), by inserting
``for such year or period'' after
``subparagraph (B)''; and
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``or'' at the end;
(II) in clause (iii), by striking
``in a subsequent year'' and inserting
``in a subsequent fiscal year (before
the second quarter of fiscal year
2016)'' and by striking the period at
the end and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) for the first quarter of fiscal year
2016, is equal to 25 percent of the aggregate
amount specified in this subparagraph for the
previous fiscal year increased by the annual
percentage increase specified in section 1860D-
2(b)(6) for the year involved.'';
(D) by striking paragraph (4); and
(E) by inserting after paragraph (3) the following
new paragraph:
``(4) Increased amount beginning with second quarter of
fiscal year 2016.--
``(A) In general.--The amount specified in this
paragraph for a State for the last 3 quarters of fiscal
year 2016 or for a subsequent fiscal year is equal to
the product of--
``(i) the aggregate amount specified in
subparagraph (B) for such period or fiscal
year; and
``(ii) the ratio (as estimated by the
Secretary) of--
``(I) the number of individuals who
are entitled to benefits under part A
or enrolled under part B and who reside
in the State (as determined by the
Secretary based on the most recent
available data before the beginning of
the period or year); to
``(II) the sum of such numbers for
all States that are subject to this
subsection.
``(B) Aggregate amount.--The aggregate amount
specified in this subparagraph for--
``(i) the last 3 quarters of fiscal year
2016, is equal to 3 times the amount specified
in paragraph (3)(B)(iv);
``(ii) fiscal year 2017, is equal to 4
times the amount specified in paragraph
(3)(B)(iv) increased by the same annual
percentage increase as is applied to increases
in the amounts applied for the fiscal year and
State under section 1108(f); or
``(iii) a subsequent fiscal year, is equal
to the aggregate amount specified in this
subparagraph for the previous fiscal year
increased by the same annual percentage
increase as is applied for the fiscal year and
State under section 1108(f).''.
(c) Conforming Amendments.--
(1) Section 1108(f) of the Social Security Act (42 U.S.C.
1308(f)) is amended by striking ``1935(e)(1)(B)'' and inserting
``1935(e)(1)''.
(2) Section 1860D-14(a)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)(C)) is amended by adding at the end
the following: ``The poverty line to be applied in the
territories shall be the same as the poverty line applied to
States in the continental United States.''.
(d) Effective Dates.--The amendments made by subsections (a) and
(c)(2) shall be effective as of January 1, 2016, and the amendments
made by subsections (b) and (c)(1) shall take effect on the date of the
enactment of this Act.
|
Territories Medicare Prescription Drug Assistance Equity Act of 2014 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to: (1) repeal the exclusion of non-residents of the 50 states and the District of Columbia from the Medicare prescription drug program under SSA title XVIII part D (Voluntary Prescription Drug Benefit Program), and (2) promote equitable treatment of the residents of U.S. territories in premium and cost-sharing subsidies under the program.
|
{"src": "billsum_train", "title": "Territories Medicare Prescription Drug Assistance Equity Act of 2014"}
| 1,706 | 116 | 0.570205 | 1.37526 | 0.617127 | 2.521277 | 16.095745 | 0.840426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thompson Divide Withdrawal and
Protection Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Thompson Divide in western Colorado is an area
comprised of Federal and non-Federal land that provides
important watershed, scenic, recreational, wildlife, and other
benefits to the general public and local communities;
(2) the Thompson Divide provides rural character, a robust
agriculture-based economy, and outstanding recreational and
sporting opportunities to many surrounding communities; and
(3) the Thompson Divide provides important spring and
summer grazing land for historical ranching operations.
(b) Purposes.--The purposes of this Act are--
(1) subject to valid existing rights, to withdraw certain
Federal land and mineral rights in the Thompson Divide
Withdrawal and Protection Area from--
(A) disposition under the mineral and geothermal
leasing laws of the United States;
(B) location, patent, and entry under mining laws
of the United States; and
(C) all forms of appropriation or disposal under
the public land laws; and
(2) to allow for the retirement, purchase, donation,
voluntary exchange, or other acquisition of mineral and other
interests in land from willing sellers within the Thompson
Divide Withdrawal and Protection Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Thompson Creek Divide Proposed Withdrawal'' and dated May 31,
2012.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land consisting of the approximately 183,000 acres
depicted on the map as ``Thompson Creek Divide Proposed
Withdrawal''.
SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) In General.--Subject to valid existing rights, the Thompson
Divide Withdrawal and Protection Area is withdrawn from all forms of--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be determined by
surveys approved by the Secretary, in consultation with the Secretary
of Agriculture.
(c) Acquisition of Mineral Rights.--
(1) Notification.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, shall
provide written notice to holders of valid existing
mineral leases or other mineral interests within the
Thompson Divide Withdrawal and Protection Area of the
potential opportunity for donation, voluntary exchange,
or other relinquishment of those rights for retirement
under this Act.
(B) Notification to secretary.--On receipt of the
notification under subparagraph (A), a holder of a
valid mineral lease or other mineral interest within
the Thompson Divide Withdrawal and Protection Area may
submit a written notice to the Secretary of the
interest of the holder in the retirement or other
conveyance of that right for withdrawal and protection
purposes.
(C) List of interested holders.--The Secretary
shall prepare a list of interested holders under
subparagraph (A) and make the list available to--
(i) the Secretary of Agriculture;
(ii) any non-Federal nonprofit organization
described in section 170(h) of the Internal
Revenue Code of 1986; or
(iii) any person interested in acquiring a
right for retirement under this Act.
(2) Withdrawal and retirement.--If any mineral lease or
other mineral interest is relinquished, donated to, exchanged,
or otherwise acquired by the United States wholly or partially
within the Thompson Divide Withdrawal and Protection Area under
this Act or under the authority of the Secretary or the
Secretary of Agriculture, respectively the land shall, without
further action by the Secretary concerned, be automatically
withdrawn from all forms of--
(A) entry, appropriation, and disposal under the
public land laws;
(B) location, entry, and patent under mining laws;
and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Prohibition.--The Secretary and the Secretary of
Agriculture shall not use Federal funds to repurchase any valid
Federal mineral lease or other mineral interest within the
Thompson Divide Withdrawal and Protection Area.
(4) Applicability.--
(A) Existing rights.--Nothing in this Act expands,
diminishes, impairs, or otherwise affects any valid
existing mineral leases, mineral interest, or other
private property rights wholly or partially within the
Thompson Divide Withdrawal and Protection Area,
including access to the leases, rights, or land in
accordance with applicable Federal, State, and local
laws (including regulations).
(B) Prior lease sales.--Nothing in this Act
prohibits the Secretary from taking any action
necessary to issue, deny, remove the suspension of, or
cancel a lease or any sold lease parcel that has not
been issued pursuant to any lease sale carried out
prior to the date of enactment of this Act, including
the completion of any requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
|
Thompson Divide Withdrawal and Protection Act of 2013 - Withdraws the Thompson Divide Withdrawal and Protection Area (the Thompson Divide) in Colorado from: (1) entry, appropriation, and 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. Directs the Secretary of the Interior to provide a written notice to holders of valid existing mineral leases or other mineral interests within the Thompson Divide of the potential opportunity for donation, voluntary exchange, or other relinquishment of those rights for retirement. Permits a holder of a valid mineral lease or other mineral interest within the Thompson Divide, upon receipt of such notification, to submit a written notice to the Secretary of that holder's interest in the retirement or other conveyance of such right for withdrawal and protection purposes. Instructs the Secretary to prepare a list of interested holders and make such list available to the Secretary of Agriculture (USDA), qualified nonprofit conservation organizations, or persons interested in acquiring a right for retirement. Requires, if any mineral lease or other mineral interest is relinquished, donated to, exchanged, or otherwise acquired by the United States within the Thompson Divide or under the authority of the Secretary or the USDA Secretary, such land to be withdrawn as described above. Prohibits the Secretaries from using federal funds to repurchase valid federal mineral leases or other mineral interests within the Thompson Divide.
|
{"src": "billsum_train", "title": "Thompson Divide Withdrawal and Protection Act of 2013"}
| 1,225 | 323 | 0.699272 | 2.233388 | 0.897964 | 5.238596 | 3.894737 | 0.908772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bleeding Disorder Screening,
Awareness, and Further Education (SAFE) Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Millions of men and women in the United States may have
an inherited bleeding disorder and not know it.
(2) The most common bleeding disorder, Von Willebrand
Disease (VWD), affects up to one in fifty Americans, occurring
equally amongst men and women.
(3) Most of those affected by Von Willebrand Disease remain
undiagnosed.
(4) The current combination of laboratory tests, clinical
observations, and family history to diagnose blood disorders
like Von Willebrand Disease is antiquated and unreliable.
(5) During adolescence, men and women may become aware of
some of the symptoms of bleeding disorders.
(6) Many Americans with bleeding disorders learn to live
with the chronic health risks which their bleeding causes, and
do not realize that they may have a bleeding disorder.
(7) It is believed that many of the 30,000 women who have
hysterectomies performed each year to treat severe bleeding may
actually have a bleeding disorder, and that these women could
avoid those unnecessary hysterectomies if properly diagnosed.
(8) Improved diagnosis of bleeding disorders, through
expanded screening of adolescents, improved physician
awareness, and additional research, could improve the quality
of life for millions of Americans.
SEC. 3. ADOLESCENT SCREENING PROGRAMS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), directly or through the
award of grants or contracts to States, political subdivisions of
States or Indian tribes, or other public or nonprofit private entities,
shall carry out the following activities:
(1) Development of a new, or identification of an existing,
screening questionnaire that is evidence-based and in
accordance with clinical guidelines for use in the diagnosis of
bleeding disorders in adolescents and young adults.
(2) As widely as possible in adolescent populations--
(A) dissemination and implementation of the
screening questionnaire developed or identified under
paragraph (1) and other screening tools relevant to the
diagnosis of bleeding disorders in adolescents;
(B) if screening suggests the possibility of a
bleeding disorder, ensuring the referral for further
laboratory-based diagnostic testing; and
(C) if laboratory testing confirms diagnosis of a
bleeding disorder, ensuring the referral for medical
management.
(b) Priority.--In awarding any grant or contract under subsection
(a), the Secretary shall give priority to applicants proposing to
provide screening to high school or institution of higher education
students.
(c) Technical Assistance.--The Secretary, directly or through
grants or contracts, may provide recipients of grants or contracts
under subsection (a) with technical assistance regarding the planning,
development, and implementation of activities under such subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 4. INCREASING AWARENESS AMONG HEALTH PROFESSIONALS.
(a) In General.--The Secretary, directly or through the award of
grants or contracts to States, political subdivisions of States or
Indian tribes, or other public or nonprofit private entities, shall
conduct an education campaign to increase awareness about bleeding
disorders among health professionals.
(b) Priority.--In awarding any grant or contract under section (a),
the Secretary shall give priority to applicants proposing to increase
awareness about bleeding disorders among--
(1) health professionals who commonly provide medical care
for the adolescent population, such as primary care physicians,
school nurses, physical fitness education teachers in secondary
schools, and health professionals providing services to
students through an institution of higher education's health
center; or
(2) obstetricians and gynecologists.
(c) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 5. RESEARCH AND SURVEILLANCE.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall award grants or
contracts to public or nonprofit private entities to--
(1) augment existing research efforts to evaluate, improve,
and standardize methods for diagnosing bleeding disorders; and
(2) expand ongoing efforts to--
(A) determine the prevalence of bleeding disorders
in the general population, including prevalence of
bleeding disorders among adolescent women;
(B) identify symptoms, risk factors, and co-
morbidities associated with bleeding disorders; and
(C) implement female-specific surveillance systems
and conduct related research projects to improve
bleeding symptoms and quality of life among adolescent
and adult women with bleeding disorders.
(b) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(c) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 6. REPORT.
(a) In General.--Not later than 5 years after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report on the results of activities under this Act.
(b) Contents.--At a minimum, the report under subsection (a)
shall--
(1) catalog, with respect to bleeding disorder screening,
health professional education, and surveillance--
(A) the activities of the Federal Government,
including an assessment of the progress achieved under
this Act;
(B) the portion of students in United States high
schools and institutions of higher education who have
received some form of screening for bleeding disorders
as a result of programs under this Act;
(C) the number of health professionals who have
received some form of bleeding disorder education as a
result of programs under this Act; and
(D) the prevalence and incidence of bleeding
disorders among the general population and among women;
and
(2) make recommendations for the future direction of
bleeding disorder activities, including--
(A) a description of how the Federal Government, as
well as recipients of grants and contracts under this
Act, may improve their screening and education programs
to increase bleeding disorder diagnostic rates,
including the identification of steps that may be taken
to reduce--
(i) the prevalence of undiagnosed bleeding
disorders; and
(ii) the burden of bleeding disorders as a
chronic condition;
(B) an identification of organizations that have
most effectively and efficiently increased bleeding
disorder screening rates;
(C) an identification of programs and procedures
that have most effectively and efficiently increased
bleeding disorder screening rates, and steps that may
be taken to expand such programs and policies to
benefit larger populations;
(D) a description of the services provided by
hemophilia treatment centers, including information
regarding any increase in utilization of such centers
and any subsequent increase in resources necessary to
ensure sufficient treatment for all those utilizing
such centers; and
(E) recommendations for future research and
interventions.
SEC. 7. DEFINITION.
In this Act, the term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United States.
|
Bleeding Disorder Screening, Awareness, and Further Education (SAFE) Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to take specified action, directly or through a grant program, with respect to blood disorders in adolescents, including: (1) developing a new, or identifying an existing, screening questionnaire that is evidence-based and in accordance with clinical guidelines for use in the diagnosis of bleeding disorders in adolescents and young adults; (2) disseminating and implementing the screening questionnaire and other screening tools relevant to the diagnosis of bleeding disorders in adolescents; (3) ensuring referral for further laboratory-based diagnostic testing if screening suggests the possibility of a bleeding disorder; and (4) ensuring referral for medical management if laboratory testing confirms diagnosis of a bleeding disorder.
Requires the Secretary to conduct an education campaign to increase awareness about bleeding disorders among health professionals.
Requires the the Director of the Centers for Disease Control and Prevention (CDC) to award grants or contracts to public or nonprofit private entities to: (1) augment existing research efforts to evaluate, improve, and standardize methods for diagnosing bleeding disorders; and (2) expand ongoing efforts to determine the prevalence of bleeding disorders, identify symptoms, risk factors, and co-morbidities associated with bleeding disorders, and implement female-specific surveillance systems and conduct related research to improve bleeding symptoms and quality of life among adolescent and adult women with bleeding disorders.
|
{"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to conduct programs to screen adolescents, and educate health professionals, with respect to bleeding disorders."}
| 1,653 | 308 | 0.682232 | 2.05222 | 1.018524 | 5.611511 | 5.690647 | 0.94964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the Valle Grande/Valles Caldera
Preservation bill.
SEC. 2. FINDINGS.
The Congress of the United States finds the following:
(1) The lands managed by the Baca Land and Cattle Company
which comprise most of the Valles Caldera in central New
Mexico, represent a unique land mass, with significant
scientific, cultural, historic, recreational, ecological, and
productive values, including:
(A) The Valles Caldera is one of the world's
largest resurgent lava domes, testing by the United
States Geological Survey of the Valles Caldera
indicates significant geothermal activity;
(B) The land was originally granted to the heirs of
Don Luis Maria Cabeza de Vaca as part of a settlement
by the United States of their Spanish land grant claims
to the Village of Las Vegas, New Mexico, under the 1848
Treaty of Guadalupe Hidalgo, (Act of June 21, 1860, an
Act to Confirm Certain Private Land Claims in the
Territory of New Mexico, Section 6). Generations have
used this land to raise sheep, cattle and horses, and
as a timber supply. Archaeological evidence of this use
in the form of old logging camps, and other artifacts
is important to a historical knowledge of territorial
New Mexico. In addition, these lands have been used
since the 1940s for numerous films about the American
West, and the various film sets remaining on the
property are a significant part of the history of the
American film industry;
(C) The careful husbandry of the land by the
Dunigan family, the current owners, including selective
timbering, limited grazing and hunting, and the use of
proscribed fire, have preserved a mix of healthy and
nearly pristine range and timber land with significant
species diversity which could be used as a model for
sustainable land use; and
(D) The incredible natural beauty and splendor of
these lands, and their proximity to large municipal
populations could provide numerous recreational
opportunities for hiking, fishing, camping, cross-
country skiing, and hunting.
(2) The current owners have indicated that they wish to
sell the land, creating an opportunity to acquire these lands
into public ownership and allow for public access and enjoyment
of these lands for the first time since 1860.
(3) The Baca Land and Cattle Company Lands are bordered by
the Sante Fe National Forest and the Bandelier National
Monument. They also contain the headwaters for the Jemez and
San Antonio rivers.
(4) These lands should be acquired expeditiously so that
the American people will not lose the opportunity presented by
this resource to potential subdivisions.
(5) As these lands have different potential uses with
different resulting impacts on water and land resources, an
appropriate set of authorities is needed to allow the
Department of Agriculture and the Department of the Interior to
jointly develop a jurisdictional mechanism for best use and
preservation of these lands.
SEC. 3. ACQUISITION OF LANDS.
The Secretary of Agriculture, acting through the Forest Service is
hereby authorized to acquire all of the rights, title, and interests in
the lands shown and described as Baca Location No. 1, on the plat
entitled ``Independent Resurvey of the Baca Location No. 1,'' made by
L.A. Osterhoudt, W.V. Hall and Charles W. Devendorf, U.S. Cadastral
Engineers, June 30, 1920-August 24, 1921, under special instructions
for Group No. 107 dated February 12, 1920, in New Mexico, by purchase
through appropriated funds or funds which may be later made available
by Congress from the sale of lands or assets administered by the Bureau
of Land Management or the General Services Administration, by exchange
of lands, or by donation: Provided, That such acquisition be on a
willing seller basis, and on terms mutually acceptable to the current
owners and the Secretary.
SEC. 4. BOUNDARY ADJUSTMENTS: SANTA FE NATIONAL FOREST; BANDELIER
NATIONAL MONUMENT.
The Secretary of Agriculture acting through the Forest Service, and
the Secretary of the Interior acting through the National Park Service
(the Secretaries), shall jointly develop a plan to adjust the
boundaries between the Santa Fe National Forest and the Bandelier
National Monument to provide consistent land management to protect the
watershed of the monument. The Secretaries shall submit this plan to
Congress within 120 days of the acquisition of the Baca Location No. 1
by the Secretary of Agriculture.
|
Valle Grande-Valles Caldera Preservation bill - Authorizes the Secretary of Agriculture, acting through the Forest Service, to acquire specified lands in New Mexico owned by the Baca Land and Cattle Company.
Requires the Secretary, acting through the Forest Service, and the Secretary of the Interior, acting through the National Park Service, to: (1) jointly develop a plan to adjust the boundaries between the Sante Fe National Forest and the Bandelier National Monument to provide consistent land management to protect the Monument's watershed; and (2) submit such plan to the Congress within 120 days of the land acquisition.
|
{"src": "billsum_train", "title": "Valle Grande/Valles Caldera Preservation bill"}
| 985 | 130 | 0.512559 | 1.687508 | 0.553856 | 4.646552 | 7.827586 | 0.956897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Advocacy Improvement
Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Excessive regulations continue to burden the Nation's
small businesses.
(2) Federal agencies continue to propose regulations that
impose disproportionate burdens on small businesses.
(3) An independent office of small business advocacy will
help to ensure that Federal agencies are responsive to small
businesses and that those agencies comply with their statutory
obligations with respect to small businesses.
(4) The independence of an office that acts as an advocate
for small businesses is essential to ensure that it can serve
as an effective advocate without being restricted by the views
or policies of the Small Business Administration or any other
Federal executive branch agency.
(5) To be effective an office that acts as an advocate for
small businesses needs sufficient resources to conduct
creditable economic studies and research which are necessary
for the maintenance of small business databases and for the
accurate assessment of the impact of regulations on small
businesses, the role of small business in the Nation's economy,
and the barriers to the growth of small businesses.
(6) The research, information, and expertise provided by an
independent office of small business advocacy will be a
valuable source of information and advice for Congress and
Federal agencies with which the office will work on behalf of
small businesses.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that there exists an entity that has the
statutory independence and adequate financial resources to
effectively advocate for and on behalf of small business;
(2) to require that such an entity report to the Chairmen
and Ranking Members of the Committee on Small Business of the
House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate, and to the Administrator of
the Small Business Administration in order to keep them fully
and currently informed about issues and regulations affecting
small business concerns and the necessity for corrective action
by the regulatory agency or Congress;
(3) to provide a separate authorization for appropriations
for such an entity; and
(4) to strengthen the role of the Small Business and
Agriculture Regulatory Enforcement Ombudsman by ensuring
greater cooperation between the Ombudsman and the Office of
Advocacy of the Small Business Administration.
SEC. 3. APPOINTMENT OF CHIEF COUNSEL OF ADVOCACY.
(a) In General.--Section 201 of Public Law 94-305 (15 U.S.C. 634a)
is amended--
(1) by inserting ``(a)'' before ``There is established'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(b) The management of the Office shall be vested in a Chief
Counsel for Advocacy who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate, and who
should be appointed without regard to political affiliation and on the
basis of fitness to perform the duties of the office.
``(c) No individual may be appointed under subsection (b) if such
individual has served as an officer or employee of the Small Business
Administration during the 5-year period preceding the date of such
individual's appointment.
``(d) Any Chief Counsel appointed after the date of the enactment
of this subsection shall be paid at a rate not to exceed the rate of
basic pay for level III of the Executive Schedule.
``(e) After the expiration of the term of a President, the Chief
Counsel may continue to serve at the pleasure of the President for a
period of not to exceed one year until such date as a successor to the
Chief Counsel is nominated.''.
(b) Incumbent Chief Counsel for Advocacy.--The individual serving
as the Chief Counsel for Advocacy of the Small Business Administration
on the date of the enactment of this Act shall continue to serve in
that position after such date in accordance with section 201 of Public
Law 94-305 (15 U.S.C. 634a), as amended by this section.
SEC. 4. PRIMARY FUNCTIONS OF OFFICE OF ADVOCACY.
Section 202 of Public Law 94-305 (15 U.S.C. 634b) is amended--
(1) in paragraph (6) by striking ``to minority
enterprises'' and inserting ``to small business concerns owned
and controlled by socially and economically disadvantaged
individuals, to small business concerns owned and controlled by
women, and to small business concerns owned and controlled by
veterans'';
(2) in paragraph (7) by striking ``minority enterprises''
and inserting ``small business concerns owned and controlled by
socially and economically disadvantaged individuals, small
business concerns owned and controlled by women, and small
business concerns owned and controlled by veterans'';
(3) in paragraph (8) by striking ``minority and other small
business enterprises'' and inserting ``small business concerns
owned and controlled by socially and economically disadvantaged
individuals, small business concerns owned and controlled by
women, small business concerns owned and controlled by
veterans, and other small businesses'';
(4) in paragraph (9) by striking ``complete'' and inserting
``compete'';
(5) by striking paragraph (11);
(6) by redesignating paragraph (12) as paragraph (11);
(7) in paragraph (11) (as so redesignated)--
(A) by striking ``serviced-disabled'' and inserting
``service-disabled''; and
(B) by striking the period at the end and inserting
``; and''; and
(8) by adding at the end the following:
``(12) make such recommendations and submit such reports as
the Chief Counsel determines appropriate to the President, to
the Chairmen and Ranking Members of the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate, and to the
Administrator of the Small Business Administration, with
respect to issues and regulations affecting small businesses
and the necessity for corrective action by any Federal agency
or by Congress.''.
SEC. 5. ADDITIONAL FUNCTIONS.
(a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c)
is amended--
(1) by inserting ``(a)'' before ``The Office of Advocacy
shall also perform''; and
(2) in subsection (a) (as so designated)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) maintain economic databases and make the information
contained therein available to the Administrator of the Small
Business Administration and to Congress;
``(7) carry out the responsibilities of the Chief Counsel
under chapter 6 of title 5, United States Code; and
``(8) enter into a memorandum of understanding with the
Small Business and Agriculture Regulatory Enforcement Ombudsman
regarding methods and procedures for cooperation between the
Ombudsman and the Office of Advocacy and transmit a copy of
such memorandum to the Committee on Small Business of the House
of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate.''.
(b) Appropriation Request.--Section 203 of Public Law 94-305 (15
U.S.C. 634c) is further amended by adding at the end the following:
``(b)(1) For each fiscal year, the Chief Counsel shall transmit the
Office of Advocacy's appropriation estimate and request to the Office
of Management and Budget, the Committee on Small Business of the House
of Representatives, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committees on Appropriations of
the House of Representatives and the Senate.
``(2) Each budget of the United States Government submitted by the
President shall include a separate statement of the amount of
appropriations requested for the Office of Advocacy.''.
SEC. 6. DEPUTY CHIEF COUNSELS AND REGIONAL ADVOCATES.
Section 204 of Public Law 94-305 (15 U.S.C. 634d) is amended--
(1) by inserting ``(a)'' before ``In carrying out''; and
(2) by adding at the end the following:
``(b)(1) The Chief Counsel may appoint 2 individuals to serve as
Deputy Chief Counsels.
``(2) Notwithstanding any other provision of this section, the pay
rate for each Deputy Chief Counsel may not exceed the rate of basic pay
for level III of the Senior Executive Service.
``(3) Individuals appointed to positions under this subsection
shall not be counted toward the limitation contained in subsection
(a)(1) regarding the number of individuals who may be compensated at a
rate in excess of the lowest rate for GS-15 of the General Schedule.
``(c) The Chief Counsel may appoint regional advocates within each
Standard Federal Region as appropriate. Such regional advocates shall--
``(1) assist in examining the role of small business in the
economy of the United States by identifying academic and other
research institutions that focus on small business concerns and
linking these research resources to research activities
conducted by the Office of Advocacy;
``(2) assist in representing the views and interests of
small business concerns before Federal agencies whose policies
and activities may affect small business;
``(3) in coordination with the Small Business and
Agriculture Regulatory Enforcement Ombudsman, assist the
functioning of regional small business fairness boards;
``(4) assist in enlisting the cooperation and assistance of
public and private agencies, businesses, and other
organizations in disseminating information about the programs
and services provided by the Federal Government that are of
benefit to small business concerns and the means by which small
business concerns can participate in or make use of such
programs and services; and
``(5) carry out such duties pursuant to the mission of the
Office of Advocacy as the Chief Counsel may assign.''.
SEC. 7. OVERHEAD AND ADMINISTRATIVE SUPPORT.
Section 205 of Public Law 94-305 (15 U.S.C. 634e) is amended by
inserting before ``Each department'' the following:
``(a) The Administrator of the Small Business Administration shall
provide the Office of Advocacy with appropriate and adequate office
space at central and field office locations of the Administration,
together with such equipment, office supplies, communications
facilities, and personnel and maintenance services as may be necessary
for the operation of such offices.
``(b)''.
SEC. 8. REPORTS.
Section 206 of Public Law 94-305 (15 U.S.C. 634f) is amended by
striking ``The Chief Counsel may'' and all that follows through ``on
his activities.'' and inserting the following:
``(a) Not less than annually, the Chief Counsel shall submit to the
President, the Committee on Small Business of the House of
Representatives, the Committee on Small Business and Entrepreneurship
of the Senate, the Committee on Government Affairs of the Senate, the
Committee on Government Reform of the House of Representatives, and the
Committees on the Judiciary of the Senate and the House of
Representatives, and the Administrator of the Small Business
Administration a report on agency compliance with chapter 6 of title 5,
United States Code.
``(b) In addition to the reports required by this title, the Chief
Counsel may prepare and publish such other reports as the Chief Counsel
determines appropriate.
``(c)''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 207 of Public Law 94-305 (15 U.S.C. 634g) is amended by
striking ``not to exceed $1,000,000'' and inserting ``$10,000,000 for
fiscal year 2003, $12,000,000 for fiscal year 2004, and $14,000,000 for
fiscal year 2005''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Executive Pay Schedule.--Title 5, United States Code, is
amended--
(1) in section 5314 by adding at the end the following:
``Chief Counsel for Advocacy, Small Business
Administration.''; and
(2) in section 5315 by striking the following:
``Chief Counsel for Advocacy, Small Business
Administration.''.
(b) Rural Tourism Training Program.--Section 311 of the Small
Business Administration Reauthorization and Amendments Act of 1990 (15
U.S.C. 653 note; 104 Stat. 2832) is amended by striking ``Chief Counsel
for Advocacy'' and inserting ``Administrator''.
(c) Small Business and Agriculture Regulatory Enforcement
Ombudsman.--Section 30(b)(2) of the Small Business Act (15 U.S.C.
657(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) enter into a memorandum of understanding with
the Office of Advocacy regarding methods and procedures
for cooperation between the Ombudsman and the Office of
Advocacy.''.
Passed the House of Representatives May 21, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
|
Small Business Advocacy Improvement Act of 2002 - Requires appointment to the position of Chief Counsel of the Office of Advocacy of the Small Business Administration (SBA) without regard to political affiliation and on the basis of fitness to perform duties. Prohibits appointment of an individual who has served as an SBA officer or employee within the last five years.Requires the Office to: (1) recommend methods for the delivery of financial assistance to small businesses owned and controlled by socially and economically disadvantaged individuals, women, and veterans; (2) make recommendations and submit relevant reports to the President, the chairmen and ranking members of the congressional small business committees, and the SBA Administrator; (3) maintain economic databases and make such information available to the Administrator and Congress; and (4) coordinate functions with the Small Business and Agriculture Regulatory Enforcement Ombudsman.Requires the Chief Counsel to submit annually to the Office of Management and Budget and the congressional small business and appropriations committees the Office's appropriation estimate and request. Requires each budget of the United States submitted by the President to include a separate statement of the amount of appropriations requested for the Office of Advocacy.Authorizes the Chief Counsel to appoint two Deputy Chief Counsels, as well as regional advocates.Requires the Administrator to provide the Office with appropriate office space, equipment, supplies, communications facilities, and personnel and maintenance services.Requires the Chief Counsel to report at least annually to the President, specified congressional committees, and the Administrator on Federal agency regulatory flexibility exercised with respect to small businesses.Increases, and extends through FY 2005, the authorization of appropriations for the Office.Requires the Administrator (currently, the Chief Counsel) to conduct an SBA program for the development of rural small businesses engaged in tourism-related activities.
|
{"src": "billsum_train", "title": "To improve small business advocacy, and for other purposes."}
| 2,948 | 400 | 0.677969 | 2.186492 | 0.661379 | 3.177515 | 8.118343 | 0.893491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Windstorm Impact Reduction
Act Reauthorization of 2011''.
SEC. 2. DEFINITIONS.
Section 203(1) of the National Windstorm Impact Reduction Act of
2004 (42 U.S.C. 15702(1)) is amended by striking ``Director of the
Office of Science and Technology Policy'' and inserting ``Director of
the National Institute of Standards and Technology''.
SEC. 3. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.
Section 204 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15703) is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Establishment.--There is established the National Windstorm
Impact Reduction Program, the purpose of which is to achieve major
measurable reductions in the losses of life and property from
windstorms through a coordinated Federal effort, in cooperation with
other levels of government, academia, and the private sector, aimed at
improving the understanding of windstorms and their impacts and
developing and encouraging the implementation of cost-effective
mitigation measures to reduce those impacts.
``(b) Responsibilities of Program Agencies.--
``(1) Lead agency.--The National Institute of Standards and
Technology shall have the primary responsibility for planning
and coordinating the Program. In carrying out this paragraph,
the Director shall--
``(A) ensure that the Program includes the
necessary components to promote the implementation of
windstorm risk reduction measures by Federal, State,
and local governments, national standards and model
building code organizations, architects and engineers,
and others with a role in planning and constructing
buildings and lifelines;
``(B) support the development of performance-based
engineering tools, and work with appropriate groups to
promote the commercial application of such tools,
including through wind-related model building codes,
voluntary standards, and construction best practices;
``(C) request the assistance of Federal agencies
other than the Program agencies, as necessary to assist
in carrying out this Act;
``(D) coordinate all Federal post-windstorm
investigations; and
``(E) when warranted by research or investigative
findings, issue recommendations to assist in informing
the development of model codes, and provide information
to Congress on the use of such recommendations.
``(2) National institute of standards and technology.--In
addition to the lead agency responsibilities described under
paragraph (1), the National Institute of Standards and
Technology shall be responsible for carrying out research and
development to improve model building codes, voluntary
standards, and best practices for the design, construction, and
retrofit of buildings, structures, and lifelines.
``(3) National science foundation.--The National Science
Foundation shall support research in engineering and the
atmospheric sciences to improve the understanding of the
behavior of windstorms and their impact on buildings,
structures, and lifelines.
``(4) National oceanic and atmospheric administration.--The
National Oceanic and Atmospheric Administration shall support
atmospheric sciences research to improve the understanding of
the behavior of windstorms and their impact on buildings,
structures, and lifelines.
``(5) Federal emergency management agency.--The Federal
Emergency Management Agency shall support the development of
risk assessment tools and effective mitigation techniques,
windstorm-related data collection and analysis, public
outreach, information dissemination, and implementation of
mitigation measures consistent with the Agency's all-hazards
approach.'';
(2) by redesignating subsection (d) as subsection (c);
(3) by inserting after subsection (c), as so redesignated,
the following new subsection:
``(d) Interagency Coordinating Committee on Windstorm Impact
Reduction.--
``(1) Establishment.--There is established an Interagency
Coordinating Committee on Windstorm Impact Reduction, chaired
by the Director.
``(2) Membership.--In addition to the chair, the Committee
shall be composed of--
``(A) the heads of--
``(i) the Federal Emergency Management
Agency;
``(ii) the National Oceanic and Atmospheric
Administration;
``(iii) the National Science Foundation;
``(iv) the Office of Science and Technology
Policy; and
``(v) the Office of Management and Budget;
and
``(B) the head of any other Federal agency the
chair considers appropriate.
``(3) Meetings.--The Committee shall meet not less than 2
times a year at the call of the Director of the National
Institute of Standards and Technology.
``(4) General purpose and duties.--The Committee shall
oversee the planning and coordination of the Program.
``(5) Strategic plan.--The Committee shall develop and
submit to Congress, not later than one year after the date of
enactment of the National Windstorm Impact Reduction Act
Reauthorization of 2011, a Strategic Plan for the Program that
includes--
``(A) prioritized goals for the Program that will
mitigate against the loss of life and property from
future windstorms;
``(B) short-term, mid-term, and long-term research
objectives to achieve those goals;
``(C) a description of the role of each Program
agency in achieving the prioritized goals;
``(D) the methods by which progress towards the
goals will be assessed; and
``(E) an explanation of how the Program will foster
the transfer of research results into outcomes, such as
improved model building codes.
``(6) Progress report.--Not later than 18 months after the
date of enactment of the National Windstorm Impact Reduction
Act Reauthorization of 2011, the Committee shall submit to the
Congress a report on the progress of the Program that
includes--
``(A) a description of the activities funded under
the Program, a description of how these activities
align with the prioritized goals and research
objectives established in the Strategic Plan, and the
budgets, per agency, for these activities;
``(B) the outcomes achieved by the Program for each
of the goals identified in the Strategic Plan;
``(C) a description of any recommendations made to
change existing building codes that were the result of
Program activities; and
``(D) a description of the extent to which the
Program has incorporated recommendations from the
Advisory Committee on Windstorm Impact Reduction.
``(7) Coordinated budget.--The Committee shall develop a
coordinated budget for the Program, which shall be submitted to
the Congress at the time of the President's budget submission
for each fiscal year.''; and
(4) by striking subsections (e) and (f).
SEC. 4. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
Section 205 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15704) is amended to read as follows:
``SEC. 205. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
``(a) In General.--The Director of the National Institute of
Standards and Technology shall establish an Advisory Committee on
Windstorm Impact Reduction, which shall be composed of at least 7
members, none of whom may be employees of the Federal Government,
including representatives of research and academic institutions,
industry standards development organizations, emergency management
agencies, State and local government, and business communities who are
qualified to provide advice on windstorm impact reduction and represent
all related scientific, architectural, and engineering disciplines. The
recommendations of the Advisory Committee shall be considered by
Federal agencies in implementing the Program.
``(b) Assessments.--The Advisory Committee on Windstorm Impact
Reduction shall offer assessments on--
``(1) trends and developments in the natural and
engineering sciences and practices of windstorm impact
mitigation;
``(2) the priorities of the Program's Strategic Plan;
``(3) the coordination of the Program; and
``(4) any revisions to the Program which may be necessary.
``(c) Compensation.--The members of the Advisory Committee
established under this section shall serve without compensation.
``(d) Reports.--At least every 2 years, the Advisory Committee
shall report to the Director on the assessments carried out under
subsection (b) and its recommendations for ways to improve the Program.
``(e) Charter.--Notwithstanding section 14(b)(2) of the Federal
Advisory Committee Act (5 U.S.C. App), the Advisory Committee shall not
be required to file a charter subsequent to its initial charter, filed
under section 9(c) of such Act, before the termination date specified
in subsection (f) of this section.
``(f) Termination.--The Advisory Committee shall terminate on
September 30, 2014.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 207 of the National Windstorm Impact Reduction Act of 2004
(42 U.S.C. 15706) is amended to read as follows:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``(a) Federal Emergency Management Agency.--There are authorized to
be appropriated to the Federal Emergency Management Agency for carrying
out this title--
``(1) $4,000,000 for fiscal year 2012;
``(2) $4,000,000 for fiscal year 2013; and
``(3) $4,000,000 for fiscal year 2014.
``(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
title--
``(1) $9,400,000 for fiscal year 2012;
``(2) $9,400,000 for fiscal year 2013; and
``(3) $9,400,000 for fiscal year 2014.
``(c) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for carrying out this title--
``(1) $5,300,000 for fiscal year 2012;
``(2) $5,300,000 for fiscal year 2013; and
``(3) $5,300,000 for fiscal year 2014.
``(d) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration for carrying out this title--
``(1) $2,700,000 for fiscal year 2012;
``(2) $2,700,000 for fiscal year 2013; and
``(3) $2,700,000 for fiscal year 2014.''.
|
National Windstorm Impact Reduction Reauthorization Act of 2011 - Amends the National Windstorm Impact Reduction Act of 2004 to revise provisions governing the National Windstorm Impact Reduction Program. Designates the National Institute of Standards and Technology (NIST) as the entity with primary responsibility for Program planning and coordination.
Replaces provisions establishing an Interagency Working Group with provisions establishing the Interagency Coordinating Committee on Windstorm Impact Reduction. Directs the Committee to submit a Strategic Plan for the Program that includes: (1) prioritized goals that will mitigate against the loss of life and property from future windstorms; (2) research objectives to achieve those goals; (3) a description of the role of each Program agency in achieving such goals; (4) the methods by which progress will be assessed; and (5) an explanation of how the Program will foster the transfer of research results into outcomes, such as improved model building codes. Requires the Committee to submit a progress report and to develop a coordinated budget for the Program, to be submitted at the time of the President's annual budget submission.
Revises provisions providing for the establishment of an Advisory Committee on Windstorm Impact Reduction (currently, the National Advisory Committee on Windstorm Impact Reduction) to offer assessments of the Program, including assessments of the priorities of the Strategic Plan. Terminates the Committee on September 30, 2014.
Authorizes appropriations to the agencies carrying out the Program for FY2012-FY2014.
|
{"src": "billsum_train", "title": "To reauthorize the National Windstorm Impact Reduction Program, and for other purposes."}
| 2,261 | 315 | 0.629358 | 2.022736 | 0.881236 | 3.95941 | 7.785978 | 0.904059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mothers and Newborns Health
Insurance Act of 2001''.
SEC. 2. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER
A STATE CHILD HEALTH PLAN.
(a) In General.--Title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.) is amended by adding at the end the following:
``SEC. 2111. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN.
``(a) Optional Coverage.--Notwithstanding any other provision of
this title, a State child health plan may provide for coverage of
pregnancy-related assistance for targeted low-income pregnant women in
accordance with this section.
``(b) Definitions.--For purposes of this section:
``(1) Pregnancy-related assistance.--The term `pregnancy-
related assistance' has the meaning given the term `child
health assistance' in section 2110(a) as if any reference to
targeted low-income children were a reference to targeted low-
income pregnant women, except that the assistance shall be
limited to pregnancy-related services (as defined in regulation
for purposes of title XIX).
``(2) Targeted low-income pregnant woman.--The term
`targeted low-income pregnant woman' has the meaning given the
term `targeted low-income child' in section 2110(b) as if any
reference to a child were deemed a reference to a woman during
pregnancy and through the end of the month in which the 60-day
period (beginning on the last day of her pregnancy) ends.
``(c) References to Terms and Special Rules.--In the case of, and
with respect to, a State providing for coverage of pregnancy-related
assistance to targeted low-income pregnant women under subsection (a),
the following special rules apply:
``(1) Any reference in this title (other than subsection
(b)) to a targeted low-income child is deemed to include a
reference to a targeted low-income pregnant woman.
``(2) Any such reference to child health assistance with
respect to such women is deemed a reference to pregnancy-
related assistance.
``(3) Any such reference to a child is deemed a reference
to a woman during pregnancy and the period described in
subsection (b)(2).
``(4) The reference in section 2107(e)(1)(D) to section
1920A (relating to presumptive eligibility for children) is
deemed a reference to section 1920 (relating to presumptive
eligibility for pregnant women).
``(5) The medicaid applicable income level is deemed a
reference to the income level established under section
1902(l)(2)(A).
``(6) Subsection (a) of section 2103 (relating to required
scope of health insurance coverage) shall not apply insofar as
a State limits coverage to services described in subsection
(b)(1) and the reference to such section in section 2105(a)(1)
is deemed not to require, in such case, compliance with the
requirements of section 2103(a).
``(7) There shall be no exclusion of benefits for services
described in subsection (b)(1) based on any pre-existing
condition, and no waiting period (including a waiting period to
carry out section 2102(b)(3)(C)) shall apply.
``(d) No Impact on Allotments.--Nothing in this section shall be
construed as affecting the amount of any initial allotment provided to
a State under section 2104(b).
``(e) Application of Funding Restrictions.--The coverage under this
section (and the funding of such coverage) is subject to the
restrictions of section 2105(c).''.
(b) Application of Qualified Entities to Presumptive Eligibility
for Pregnant Women Under Medicaid.--Section 1920(b) of the Social
Security Act (42 U.S.C. 1396r-1(b)) is amended by adding at the end
after and below paragraph (2) the following flush sentence:
``The term `qualified provider' includes a qualified entity as defined
in section 1920A(b)(3).''.
(c) Conforming Amendments.--Section 2102(b)(1)(B) of the Social
Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``, and''; and
(3) by adding at the end the following:
``(iii) may not apply a waiting period
(including a waiting period to carry out
paragraph (3)(C)) in the case of a targeted
low-income child who is pregnant, if the State
provides for coverage of pregnancy-related
assistance for targeted low-income pregnant
women in accordance with section 2111.''.
(d) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act and apply to allotments
under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.)
for all fiscal years.
SEC. 3. AUTOMATIC ENROLLMENT FOR CHILDREN BORN TO WOMEN RECEIVING
PREGNANCY-RELATED ASSISTANCE.
(a) In General.--Section 2111 of the Social Security Act, as added
by section 2, is amended by adding at the end the following:
``(f) Automatic Enrollment for Children Born to Women Receiving
Pregnancy-Related Assistance.--Notwithstanding any other provision of
this title or title XIX, if a child is born to a targeted low-income
pregnant woman who was receiving pregnancy-related assistance under
this section on the date of the child's birth, the child shall be
deemed to have applied for child health assistance under the State
child health plan on the date of such birth, to have been found
eligible for such assistance under such plan (or, in the case of a
State that provides such assistance through the provision of medical
assistance under a plan under title XIX to have applied for medical
assistance under such title and to have been found eligible for such
assistance under such title on the date of such birth) and to remain
eligible for such assistance until the child attains 1 year of age, so
long as the child is a member of the woman's household.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of enactment of this Act and applies to allotments
under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.)
for all fiscal years.
SEC. 4. EXPANDED AVAILABILITY OF FUNDING FOR ADMINISTRATIVE COSTS
RELATED TO OUTREACH AND ELIGIBILITY DETERMINATIONS.
Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h))
is amended--
(1) by striking the subsection heading and inserting
``Increased Federal Matching Rate for Administrative Costs
Related to Outreach and Eligibility Determinations''; and
(2) in paragraph (2), by striking ``eligibility
determinations'' and all that follows and inserting
``determinations of the eligibility of children and pregnant
women for benefits under the State plan under this title or
title XXI, outreach to children and pregnant women likely to be
eligible for such benefits, and such other outreach- and
eligibility-related activities as the Secretary may approve.''.
|
Mothers and Newborns Health Insurance Act of 2001 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to give States, subject to specified guidelines, the authority to provide for: (1) optional coverage of pregnancy-related assistance for targeted low-income, uninsured pregnant women under the State's SCHIP plan; and (2) automatic eligibility and enrollment for child health assistance under such plan for children born to targeted low-income pregnant women receiving such assistance when the child is born until it attains one year of age, so long as the child is a member of the woman's household.Amends SSA title XIX (Medicaid) with respect to the transitional increased Federal matching rate for increased administrative costs related to Medicaid-eligibility determinations of individuals receiving aid or assistance under SSA title IV part A (Temporary Assistance for Needy Families) (TANF).
|
{"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to provide for coverage of pregnancy-related assistance for targeted low-income pregnant women."}
| 1,783 | 209 | 0.613157 | 1.603345 | 0.840232 | 3.571429 | 8.377143 | 0.862857 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Geospatial
Preparedness 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 and purposes.
Sec. 3. Definitions.
Sec. 4. Homeland security and national geospatial preparedness.
Sec. 5. Security policy and guidelines for geospatial data.
Sec. 6. Office of Geospatial Management and Geospatial Information
Officer.
Sec. 7. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Geospatial technologies and geospatial data can provide
all levels of government and the private sector with proven
capabilities to carry out detection, planning, preparedness,
mitigation, response, and recovery activities for homeland
security purposes that save lives and protect property.
(2) The completion and maintenance of the National Spatial
Data Infrastructure with integrated applications and systems
will provide the level of geospatial preparedness required to
protect critical infrastructure, strategic assets, the economic
base, and persons.
(3) Geospatial technology and information have proven to be
essential to enabling more informed decisionmaking, greater
efficiency, increased accountability, and better management in
all levels of government and the private sector.
(4) Building spatial data once and then sharing it many
times between all levels of government and the private sector
increases the ability of information technology applications
and systems to provide better services to the public in a cost-
effective manner.
(5) The use of international, national, and industry
consensus standards to develop and deploy interoperable
geospatial data and geospatial technologies assists the
commercial geospatial industry to provide products that make it
easier, faster, and less expensive for all levels of government
and the private sector to share, integrate, and use geospatial
data for decisionmaking.
(6) Establishing a new Federal Government program to
provide financial incentives to State, regional, local, and
tribal governments will greatly accelerate adoption of
international, national, and industry consensus standards.
(7) Geospatial technologies and geospatial data can be
essential tools for virtually all functions of government and
business.
(8) Geospatial preparedness in the United States is not
adequate due to a variety of factors including inadequate
geospatial data compatibility, insufficient geospatial data
sharing, technology interoperability barriers, institutional
and organizational resistance to new ways of doing business,
lack of financial incentives to improved use of geospatial
technologies, and inefficient geospatial data collection and
sharing.
(9) Interoperable geospatial technology and geospatial data
capabilities are emerging and incentives are needed for full
adoption and for collaborative use to meet community and
national needs.
(10) Geospatial technologies and geospatial data are
maintained by all levels of government and the private sector.
A comprehensive nationwide program is necessary to build and
maintain a standards-based geospatial spatial data
infrastructure and geographic information systems required to
respond to increasing demands.
(11) State, regional, local, and tribal governments, the
private sector, and other non-government organizations are
investing in geospatial technologies and geospatial data.
Incentives are necessary to leverage these investments for more
effective use to meet community and national needs.
(12) Establishing the Office of Geospatial Management,
administered by a Geospatial Information Officer, within the
Department of Homeland Security will ensure the most effective
and efficient management of programs and activities involving
geospatial technologies and geospatial data.
SEC. 3. DEFINITIONS.
In this Act:
(1) Geographic information systems software and hardware.--
The term ``geographic information systems software and
hardware'' means computer software and hardware required to
identify, depict, visualize, analyze, maintain, or otherwise
utilize geospatial data.
(2) Geospatial applications.--The term ``geospatial
applications'' means computer software and systems that extend
the capabilities of geographic information systems software and
hardware to identify, depict, visualize, analyze, maintain, or
otherwise utilize geospatial data.
(3) Geospatial data.--The term ``geospatial data'' means
information that identifies, depicts, or describes the
geographic locations, boundaries, or characteristics of
inhabitants and natural or constructed features on the Earth,
including such information derived from, among other sources,
socio-demographic analysis, economic analysis, land information
records and land use information processing, statistical
analysis, survey and observational methodologies, environmental
analysis, critical infrastructure protection, satellites,
remote sensing, airborne imagery collection, mapping,
engineering, construction, global positioning systems, and
surveying technologies and activities.
(4) Geospatial preparedness.--The term ``geospatial
preparedness'' means the level of overall capability and
capacity necessary to enable all levels of government and the
private sector to utilize geospatial data, geographic
information systems software and hardware, and geospatial
applications to perform essential emergency management
functions, including detection, planning, mitigation, response,
and recovery, in order to minimize loss of life and property
from weapons of mass destruction, terrorist threats, major man-
made accidents, and natural disasters.
(5) National spatial data infrastructure.--The term
``National Spatial Data Infrastructure'' means the combination
of the geographic information systems software and hardware,
geospatial applications, geospatial data, standards, policies,
programs, and human resources necessary to acquire, process,
analyze, store, maintain, distribute, and otherwise utilize
geospatial data as a strategic asset for the Nation.
(6) Office of geospatial management.--The term ``Office of
Geospatial Management'' means the administrative organization
responsible for designing, managing, coordinating, and
implementing comprehensive geospatial initiatives.
(7) Standards.--The term ``standards'' means documented
international, national, or industry consensus agreements
containing technical specifications or other precise criteria
to be used consistently as rules, guidelines, or definitions to
ensure that materials, products, processes, or services are
proper for their purposes.
SEC. 4. HOMELAND SECURITY AND NATIONAL GEOSPATIAL PREPAREDNESS.
The Secretary shall direct the Chief Information Officer to work,
consistent with Office of Management and Budget Circular A-16,
Executive Order 12906, and section 216 of the Electronic Government
Act, with the Department of the Interior, the Department of Justice,
the Federal Geographic Data Committee, the National Imagery and Mapping
Agency, other appropriate Federal agencies, and members of the Steering
Committee and Coordination Group of the Federal Geographic Data
Committee, to use and enhance the National Spatial Data Infrastructure
for homeland security purposes, by--
(1) developing a comprehensive national enterprise
strategy, incorporating industry and government standards, for
the coordinated acquisition, building, storage, maintenance,
and use of Federal Government, non-Federal Government, and
private sector geospatial data with, when feasible and
appropriate, integrated and interoperable commercially-provided
geographic information systems software and hardware,
geospatial applications, geospatial data, and services in order
to achieve an adequate level of national geospatial
preparedness;
(2) providing grants, technical assistance, and cooperative
agreements to State, regional, local, and tribal government as
well as non-profit organizations in order to increase
geospatial preparedness by actions such as analyzing
requirements, performing strategic planning, sharing geospatial
data, developing agreements for sharing geospatial data,
integrating geospatial data, developing standards, integrating
systems, and acquiring, when feasible and appropriate,
interoperable commercially-provided geographic information
systems software and hardware, geospatial applications,
geospatial data, and Global Positioning System equipment and
procuring services in order to achieve an adequate level of
national geospatial preparedness;
(3) coordinating with, and assisting, the Federal
Geographic Data Committee, the Office of Management and Budget,
and the commercial geospatial industry to establish national
standards for the development, acquisition, storage,
maintenance, distribution, utilization, and application of
geospatial data;
(4) coordinating with, and assisting, the commercial
geospatial industry to establish national standards for the
development, distribution, and utilization of geographic
information systems software and hardware and geospatial
applications; and
(5) utilizing, when feasible and appropriate, commercially-
provided interoperable geographic information systems software
and hardware, geospatial applications, geospatial data, and
services to carry out the responsibilities, activities, and
programs authorized by this section.
SEC. 5. SECURITY POLICY AND GUIDELINES FOR GEOSPATIAL DATA.
The Chief Information Officer of the Department of Homeland
Security shall establish, within 180 days after the date of the
enactment of this Act and consistent with overall homeland security
goals of the Department of Homeland Security, security policy and
guidelines for the acquisition, processing, and dissemination of
geospatial data depicting critical infrastructure and strategic assets
located in the United States.
SEC. 6. OFFICE OF GEOSPATIAL MANAGEMENT AND GEOSPATIAL INFORMATION
OFFICER.
(a) In General.--The Secretary of Homeland Security shall establish
the Office of Geospatial Management within the Office of the Chief
Information Officer. The Office of Geospatial Management shall be
administered by the Geospatial Information Officer under the direction
of the Chief Information Officer.
(b) Geospatial Information Officer.--The Geospatial Information
Officer--
(1) shall be appointed by the Secretary from among
individuals who are skilled in geographic information
technology and systems management; and
(2) shall be responsible for--
(A) designing, managing, coordinating, and
implementing comprehensive geospatial initiatives; and
(B) working with the Chief Information Officer to
carry out section 4 and section 5.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this Act, there are authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2004 through 2008. Such authorization is in addition to other
authorizations of appropriations that are available for such purpose.
|
Geospatial Preparedness Act - Requires the Secretary of Homeland Security to direct the Chief Information Officer (CIO) of the Department of Homeland Security to work with the Departments of the Interior and Justice, the National Imagery and Mapping Agency, other appropriate Federal agencies, and members of the Federal Geographic Data Committee to use and enhance the National Spatial Data Infrastructure for homeland security purposes.
Directs the CIO to establish security and policy guidelines for the acquisition, processing, and dissemination of geospatial data depicting critical infrastructure and strategic assets in the United States.
Requires the: (1) Secretary to establish the Office of Geospatial Management within the Office of the CIO; and (2) Geospatial Manager to work with the CIO to design, manage, coordinate, and implement comprehensive geospatial initiatives.
|
{"src": "billsum_train", "title": "To establish and maintain geospatial preparedness for the Nation with the National Spatial Data Infrastructure and integrated applications and systems required for homeland security, national defense, electronic government, and for other purposes."}
| 2,224 | 177 | 0.640066 | 1.92082 | 0.69169 | 5.033784 | 13.574324 | 0.912162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Adjustment Assistance for
Industries Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Trade Adjustment Assistance assists workers and
agricultural commodity producers who lose their jobs for trade-
related reasons to retrain, gain new skills, and find new jobs
in growing sectors of the economy.
(2) The total cost of providing adjustment assistance
represents a tiny fraction of the gains to the United States
economy as a whole that economists attribute to trade
liberalization.
(3) In circumstances where, due to changes in market
conditions caused by the implementation of bilateral or
multilateral free trade agreements, unfair trade practices,
unforeseen import surges, and other reasons, import competition
creates industry-wide effects on domestic workers or
agricultural commodity producers, the current process of
assessing eligibility for trade adjustment assistance on a
plant-by-plant basis is inefficient and can lead to unfair and
inconsistent results.
SEC. 3. OTHER METHODS OF REQUESTING INVESTIGATION.
Section 221 of the Trade Act of 1974 (19 U.S.C. 2271) is amended--
(1) by adding at the end the following:
``(c) Other Methods of Initiating a Petition.--Upon the request of
the President or the United States Trade Representative, or the
resolution of either the Committee on Ways and Means of the House of
Representatives or the Committee on Finance of the Senate, the
Secretary shall promptly initiate an investigation under this chapter
to determine the eligibility for adjustment assistance of--
``(1) a group of workers (which may include workers from
more than one facility or employer); or
``(2) all workers in an occupation as that occupation is
defined in the Bureau of Labor Statistics Standard Occupational
Classification System.'';
(2) in subsection (a)(2), by inserting ``or a request or
resolution filed under subsection (c),'' after ``paragraph
(1),''; and
(3) in subsection (a)(3), by inserting ``, request, or
resolution'' after ``petition'' each place it appears.
SEC. 4. NOTIFICATION.
Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended to
read as follows:
``SEC. 224. NOTIFICATIONS REGARDING AFFIRMATIVE DETERMINATIONS AND
SAFEGUARDS.
``(a) Notifications Regarding Chapter 1 Investigations and
Determinations.--Whenever the International Trade Commission makes a
report under section 202(f) containing an affirmative finding regarding
serious injury, or the threat thereof, to a domestic industry, the
Commission shall immediately--
``(1) notify the Secretary of Labor of that finding; and
``(2) in the case of a finding with respect to an
agricultural commodity, as defined in section 291, notify the
Secretary of Agriculture of that finding.
``(b) Notification Regarding Bilateral Safeguards.--The
International Trade Commission shall immediately notify the Secretary
of Labor and, in an investigation with respect to an agricultural
commodity, the Secretary of Agriculture, whenever the Commission makes
an affirmative determination pursuant to one of the following
provisions:
``(1) Section 421 of the Trade Act of 1974 (19 U.S.C.
2451).
``(2) Section 312 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(3) Section 312 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 312 of the United States-Singapore Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(5) Section 312 of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(6) Section 302(b) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3352(b)).
``(7) Section 212 of the United States-Jordan Free Trade
Agreement Implementation Act (19 U.S.C. 2112).
``(c) Agricultural Safeguards.--The Commissioner of Customs shall
immediately notify the Secretary of Labor and, in the case of an
agricultural commodity, the Secretary of Agriculture, whenever the
Commissioner of Customs assesses additional duties on a product
pursuant to one of the following provisions:
``(1) Section 202 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(2) Section 202 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(3) Section 201(c) of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 309 of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3358).
``(5) Section 301(a) of the United States-Canada Free Trade
Agreement Implementation Act of 1988 (19 U.S.C. 2112 note).
``(6) Section 404 of the United States-Israel Free Trade
Agreement Implementation Act (19 U.S.C. 2112 note).
``(d) Textile Safeguards.--The President shall immediately notify
the Secretary of Labor whenever the President makes a positive
determination pursuant to one of the following provisions:
``(1) Section 322 of the United States-Australia Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(2) Section 322 of the United States-Morocco Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(3) Section 322 of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(4) Section 322 of the United States-Singapore Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(e) Antidumping and Countervailing Duties.--Whenever the
International Trade Commission makes a final affirmative determination
pursuant to section 705 or section 735 of the Tariff Act of 1930 (19
U.S.C. 1671d or 1673d), the Commission shall immediately notify the
Secretary of Labor and, in the case of an agricultural commodity, the
Secretary of Agriculture, of that determination.''.
SEC. 5. INDUSTRY-WIDE DETERMINATION.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by
adding at the end the following:
``(e) Investigation Regarding Industry-Wide Certification.--If the
Secretary receives a request or a resolution under section 221(c) on
behalf of workers in a domestic industry or occupation (described in
section 221(c)(2)) or receives 3 or more petitions under section 221(a)
within a 180-day period on behalf of groups of workers in a domestic
industry or occupation, the Secretary shall make an industry-wide
determination under subsection (a) of this section with respect to the
domestic industry or occupation in which the workers are or were
employed. If the Secretary does not make certification under the
preceding sentence, the Secretary shall make a determination of
eligibility under subsection (a) with respect to each group of workers
in that domestic industry or occupation from which a petition was
received.''.
SEC. 6. COORDINATION WITH OTHER TRADE PROVISIONS.
(a) Industry-Wide Certification Based on Global Safeguards.--
(1) Recommendations by itc.--
(A) Section 202(e)(2)(D) of the Trade Act of 1974
(19 U.S.C. 2252(e)(2)(D)) is amended by striking ``,
including the provision of trade adjustment assistance
under chapter 2''.
(B) Section 203(a)(3)(D) of the Trade Act of 1974
(19 U.S.C. 2253(a)(3)(D)) is amended by striking ``,
including the provision of trade adjustment assistance
under chapter 2''.
(2) Assistance for workers.--Section 203(a)(1)(A) of the
Trade Act of 1974 (19 U.S.C. 2253(a)(1)(A)) is amended to read
as follows:
``(A) After receiving a report under section 202(f)
containing an affirmative finding regarding serious
injury, or the threat thereof, to a domestic industry--
``(i) the President shall take all
appropriate and feasible action within his
power; and
``(ii)(I) the Secretary of Labor shall
certify as eligible to apply for adjustment
assistance under section 223 workers employed
in the domestic industry defined by the
Commission if such workers become totally or
partially separated, or are threatened to
become totally or partially separated, not
earlier than 1 year before, or not later than 1
year after, the date on which the Commission
made its report to the President under section
202(f); and
``(II) in the case of a finding with
respect to an agricultural commodity as defined
in section 291, the Secretary of Agriculture
shall certify as eligible to apply for
adjustment assistance under section 293
agricultural commodity producers employed in
the domestic production of the agricultural
commodity that is the subject of the finding
during the most recent marketing year.''.
(b) Industry-Wide Certification Based on Bilateral Safeguard
Provisions or Antidumping or Countervailing Duty Orders.--
(1) In general.--Subchapter A of chapter 1 of title II of
the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by
inserting after section 224 the following new section:
``SEC. 224A. INDUSTRY-WIDE CERTIFICATION WHERE BILATERAL SAFEGUARD
PROVISIONS INVOKED OR ANTIDUMPING OR COUNTERVAILING
DUTIES IMPOSED.
``(a) In General.--
``(1) Mandatory certification.--Not later than 10 days
after the date on which the Secretary of Labor receives a
notification with respect to the imposition of a trade remedy,
safeguard determination, or antidumping or countervailing duty
determination under section 224 (a), (b), (c), (d), or (e), the
Secretary shall certify as eligible for trade adjustment
assistance under section 223(a) workers employed in the
domestic production of the article that is the subject of the
trade remedy, safeguard determination, or antidumping or
countervailing duty determination, as the case may be, if such
workers become totally or partially separated, or are
threatened to become totally or partially separated not more
than 1 year before or not more than 1 year after the applicable
date.
``(2) Applicable date.--In this section, the term
`applicable date' means--
``(A) the date on which the affirmative or positive
determination or finding is made in the case of a
notification under section 224 (a), (b), or (d);
``(B) the date on which a final determination is
made in the case of a notification under section
224(e); or
``(C) the date on which additional duties are
assessed in the case of a notification under section
224(c).
``(b) Qualifying Requirements for Workers.--The provisions of
subchapter B shall apply in the case of a worker covered by a
certification under this section or section 223(e), except as follows:
``(1) Section 231(a)(5)(A)(ii) shall be applied--
``(A) by substituting `30th week' for `16th week'
in subclause (I); and
``(B) by substituting `26th week' for `8th week' in
subclause (II).
``(2) The provisions of section 236(a)(1) (A) and (B) shall
not apply.''.
(2) Agricultural commodity producers.--Chapter 6 of title
II of the Trade Act of 1974 (19 U.S.C. 2401 et seq.) is amended
by striking section 294 and inserting the following:
``SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR AGRICULTURAL COMMODITY
PRODUCERS WHERE SAFEGUARD PROVISIONS INVOKED OR
ANTIDUMPING OR COUNTERVAILING DUTIES IMPOSED.
``(a) In General.--Not later than 10 days after the date on which
the Secretary of Agriculture receives a notification with respect to
the imposition of a trade remedy, safeguard determination, or
antidumping or countervailing duty determination under section 224 (b),
(c), or (e), the Secretary shall certify as eligible for trade
adjustment assistance under section 293(a) agricultural commodity
producers employed in the domestic production of the agricultural
commodity that is the subject of the trade remedy, safeguard
determination, or antidumping or countervailing duty determination, as
the case may be, during the most recent marketing year.
``(b) Applicable Date.--In this section, the term `applicable date'
means--
``(1) the date on which the affirmative or positive
determination or finding is made in the case of a notification
under section 224(b);
``(2) the date on which a final determination is made in
the case of a notification under section 224(e); or
``(3) the date on which additional duties are assessed in
the case of a notification under section 224(c).''.
(c) Technical and Conforming Amendments.--
(1) Training.--Section 236(a)(2)(A) is amended by striking
``$220,000,000, and inserting ``$440,000,000''.
(2) Table of contents.--The table of contents for title II
of the Trade Act of 1974 is amended--
(A) by striking the item relating to section 224
and inserting the following:
``Sec. 224. Notifications regarding affirmative determinations and
safeguards.'';
(B) by inserting after the item relating to section
224, the following:
``Sec. 224A. Industry-wide certification based on bilateral safeguard
provisions invoked or antidumping or
countervailing duties imposed.'';
and
(C) by striking the item relating to section 294,
and inserting the following:
``Sec. 294. Industry-wide certification for agricultural commodity
producers where safeguard provisions
invoked or antidumping or countervailing
duties imposed.''.
SEC. 7. REGULATIONS.
The Secretary of the Treasury, the Secretaries of Agriculture and
Labor, and the International Trade Commission may promulgate such
regulations as may be necessary to carry out the amendments made by
this Act.
|
Trade Adjustment Assistance for Industries Act of 2005 - Amends the Trade Act of 1974 to require the Secretary of Labor, upon the request of the President, the U.S. Trade Representative, or of a congressional resolution, to initiate an investigation promptly to determine a petition for eligibility for trade adjustment assistance (TAA) by: (1) a group of workers (which may include workers from more than one facility or employer); or (2) all workers in an occupation.
Prescribes duties of the governor of such state in which the workers' firm or subdivision is located, and of the Secretary with respect to the petition and its investigation.
Repeals the requirement that the Secretary study a domestic industry whenever the International Trade Commission (ITC) begins investigations with respect to such industry.
Requires, before certain actions are taken, notification to appropriate individuals by: (1) the ITC regarding certain investigations, determinations, and bilateral safeguards; (2) the Commissioner of Customs regarding agricultural safeguards; (3) the President regarding textile safeguards; and (4) the ITC regarding antidumping and countervailing duties.
Requires the Secretary, upon receiving a request or a resolution on behalf of workers in a domestic industry or occupation, or upon receiving three or more of such TAA petitions within six months on behalf of such workers, to make an industry-wide determination with respect to the domestic industry or occupation in which the workers are or were employed. Requires the Secretary also, if TAA eligibility is not certified under such a determination, to make a determination of TAA eligibility regarding each group of workers in that domestic industry or occupation from which a petition was received.
Requires industry-wide certification, as appropriate, including industry-wide certification for agricultural commodity producers, to be based on specified global safeguards, bilateral safeguard provisions, or antidumping or countervailing duty orders.
Increases from $220 million to $440 million the total amount of fiscal year payments that may be made for training of adversely affected workers under the Act.
|
{"src": "billsum_train", "title": "A bill to amend the Trade Act of 1974 to provide for alternative means of certifying workers for adjustment assistance on an industry-wide basis."}
| 3,307 | 430 | 0.576657 | 1.840825 | 0.672593 | 3.392308 | 7.348718 | 0.869231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School-Based Health Clinic
Establishment Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) More than 8,000,000 children in the United States have
no form of health insurance and are therefore unable to access
preventive health care which may lead to untreated conditions,
unnecessary diseases, and death.
(2) The American Medical Association rates adolescents aged
13-18 as the group of Americans with the poorest health
indicators.
(3) More than 70 percent of the children who need
psychiatric treatment do not receive services.
(4) Children who are in poor health or are victims of child
abuse, poverty, malnutrition, alcohol, and drug abuse are at
risk for academic and social failure.
(5) Without health and social intervention, at-risk
children are often unable to improve academic performance.
(6) School-based health clinics are effective in bringing
preventive and primary care to children and adolescents.
(7) School-based health clinics are effective in decreasing
academic failure resulting from poor health.
(8) The goal of this Act is to provide children and
adolescents with medical and mental health services necessary
to be healthy and succeed academically.
(b) Purpose.--The purpose of this Act is to fund the development
and operation of school-based health clinics to--
(1) provide comprehensive and accessible primary health
care services to medically underserved children, youth, and
families;
(2) improve the physical health, emotional well-being, and
academic performance of medically underserved children, youth,
and families; and
(3) work in collaboration with the school to integrate
health into the overall school environment.
SEC. 3. SCHOOL-BASED HEALTH CLINICS.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by adding at the end the following:
``SEC. 399Z-1. SCHOOL-BASED HEALTH CLINICS.
``(a) Definitions; Establishment of Criteria.--In this section:
``(1) Community.--The term `community' includes parents,
consumers, local leaders, and organizations.
``(2) Comprehensive primary health services.--The term
`comprehensive primary health services' means the core services
offered by school-based health clinics, which shall include the
following:
``(A) Physical.--Comprehensive health assessments,
diagnosis, and treatment of minor, acute, and chronic
medical conditions and referrals to, and follow-up for,
specialty care.
``(B) Mental health.--Mental health assessments,
crisis intervention, counseling, treatment, and
referral to a continuum of services including emergency
psychiatric care, community support programs, inpatient
care, and outpatient programs.
``(C) Optional services.--Additional services,
which may include oral health, social, and health
education services.
``(3) Medically underserved children and adolescents.--
``(A) In general.--The term `medically underserved
children and adolescents' means a population of
children and adolescents who are residents of an area
designated by the Secretary as an area with a shortage
of personal health services and health infrastructure
for such children and adolescents.
``(B) Criteria.--The Secretary shall prescribe
criteria for determining the specific shortages of
personal health services for medically underserved
children and adolescents under subparagraph (A) that
shall--
``(i) take into account any comments
received by the Secretary from the chief
executive officer of a State and local
officials in a State; and
``(ii) include factors indicative of the
health status of such children and adolescents
of an area, including the ability of the
residents of such area to pay for health
services, the accessibility of such services,
the availability of health professionals to
such children and adolescents, and other
factors as determined appropriate by the
Secretary.
``(4) School-based health clinic.--The term `school-based
health clinic' means a health clinic that--
``(A) is located in or near a school facility of a
school district or board;
``(B) is organized through school, community, and
health provider relationships;
``(C) is administered by a sponsoring facility; and
``(D) provides, at a minimum, comprehensive primary
health services during school hours to children and
adolescents by health professionals in accordance with
State and local laws and regulations, established
standards, and community practice.
``(5) Sponsoring facility.--The term `sponsoring facility'
is a community-based organization, which may include--
``(A) a hospital;
``(B) a public health department;
``(C) a community health center;
``(D) a nonprofit health care agency; or
``(E) a school or school system.
``(b) Authority to Award Grants.--The Secretary shall award grants
for the costs of the operation of school-based health clinics (referred
to in this section as `SBHCs') that meet the requirements of this
section.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be an SBHC (as defined in subsection (a)(4)); and
``(2) submit to the Secretary an application at such time,
in such manner, and containing--
``(A) evidence that the applicant meets all
criteria necessary to be designated an SBHC;
``(B) evidence of local need for the services to be
provided by the SBHC;
``(C) an assurance that--
``(i) SBHC services will be provided to
those children and adolescents for whom
parental or guardian consent has been obtained
in cooperation with Federal, State, and local
laws governing health care service provision to
children and adolescents;
``(ii) the SBHC has made and will continue
to make every reasonable effort to establish
and maintain collaborative relationships with
other health care providers in the catchment
area of the SBHC;
``(iii) the SBHC will provide on-site
access during the academic day when school is
in session and 24-hour coverage through an on-
call system and through its backup health
providers to ensure access to services on a
year-round basis when the school or the SBHC is
closed;
``(iv) the SBHC will be integrated into the
school environment and will coordinate health
services with school personnel, such as
administrators, teachers, nurses, counselors,
and support personnel, as well as with other
community providers co-located at the school;
and
``(v) the SBHC sponsoring facility assumes
all responsibility for the SBHC administration,
operations, and oversight; and
``(D) such other information as the Secretary may
require.
``(d) Preferences.--In reviewing applications, the Secretary may
give preference to applicants who demonstrate an ability to serve the
following:
``(1) Communities that have evidenced barriers to primary
health care and mental health services for children and
adolescents.
``(2) Communities that have consistently scored poorly on
child and adolescent standardized health indicator reports.
``(3) Communities with high percentages of children and
adolescents who are uninsured, underinsured, or enrolled in
public health insurance programs.
``(4) Populations of children and adolescents that have
historically demonstrated difficulty in accessing health and
mental health services.
``(e) Waiver of Requirements.--The Secretary may--
``(1) under appropriate circumstances, waive the
application of all or part of the requirements of this
subsection with respect to an SBHC for a designated period of
time to be determined by the Secretary; and
``(2) upon a showing of good cause, waive the requirement
that the SBHC provide all required comprehensive primary health
services for a designated period of time to be determined by
the Secretary.
``(f) Use of Funds.--
``(1) Funds.--Funds awarded under a grant under this
section may be used for acquiring and leasing buildings and
equipment (including the costs of amortizing the principle of,
and paying interest on, loans for such buildings and
equipment), for providing training related to the provision of
required comprehensive primary health services and additional
health services, for the management of health center programs,
and for the payment of salaries for physicians and other
personnel.
``(2) Construction.--The Secretary may award grants which
may be used to pay the costs associated with expanding and
modernizing existing buildings for use as an SBHC.
``(3) Amount.--The amount of any grant made in any fiscal
year to an SBHC shall be determined by the Secretary, taking
into account--
``(A) the financial need of the SBHC;
``(B) State, local, or other operation funding
provided to the SBHC; and
``(C) other factors as determined appropriate by
the Secretary.
``(g) Technical Assistance.--The Secretary shall establish a
program through which the Secretary shall provide (either through the
Department of Health and Human Services or by grant or contract)
technical and other assistance to SBHCs to assist such SBHCs to meet
the requirements of subsection (c)(2)(C). Services provided through the
program may include necessary technical and nonfinancial assistance,
including fiscal and program management assistance, training in fiscal
and program management, operational and administrative support, and the
provision of information to the entities of the variety of resources
available under this title and how those resources can be best used to
meet the health needs of the communities served by the entities.
``(h) Evaluation.--The Secretary shall develop and implement a plan
for evaluating SBHCs and monitoring quality performances under the
awards made under this section.
``(i) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 2008 and such sums as may be necessary for each of the
fiscal years 2009 through 2012.''.
|
School-Based Health Clinic Establishment Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants for the cost of operating school-based health clinics (SBHCs) to provide comprehensive primary health services during school hours to children and adolescents by health professionals. Requires SBHCs to: (1) provide services to children and adolescents for whom parental or guardian consent has been obtained; (2) provide on-site access during the academic day when school is in session and 24-hour coverage through an on-call system and backup health providers to ensure access to services on a year-round basis when the school or SBHC is closed. Allows the Secretary to: (1) give preference to applicants who demonstrate an ability to serve populations of children and adolescents that have historically demonstrated difficulty in accessing health and mental health services; and (2) waive certain requirements under this Act for a designated period.
Requires the Secretary to establish a program to provide technical and other assistance to SBHCs.
|
{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish the School-Based Health Clinic program, and for other purposes."}
| 2,208 | 217 | 0.510475 | 1.450665 | 0.746621 | 4.765 | 10.55 | 0.965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for High-Skilled Immigrants
Act of 2011''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2011, and shall apply to fiscal
years beginning with fiscal year 2012.
(e) Transition Rules for Employment-based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.), the following
rules shall apply:
(A) For fiscal year 2012, 15 percent of the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2010 under such paragraphs.
(B) For fiscal year 2013, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2011 under such paragraphs.
(C) For fiscal year 2014, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2012 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--With respect to the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) and not reserved under paragraph (1), for each
of fiscal years 2012, 2013, and 2014, not more than 85
percent shall be allotted to immigrants who are natives
of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2012, 2013, or 2014, the operation of paragraphs
(1) and (2) of this subsection would prevent the total number
of immigrant visas made available under paragraph (2) or (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) from being
issued, such visas may be issued during the remainder of such
fiscal year without regard to paragraphs (1) and (2) of this
subsection.
(4) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection.
Passed the House of Representatives November 29, 2011.
Attest:
KAREN L. HAAS,
Clerk.
|
Fairness for High-Skilled Immigrants Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas.
Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act.
Sets forth the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2010; (2) for FY2013, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2011; and (3) for FY2014, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012.
Sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country.
Provides that the amendments made by this Act will take place as if enacted on September 30, 2011, and shall apply beginning in FY2012.
|
{"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes."}
| 1,361 | 374 | 0.565167 | 1.807191 | 0.741473 | 2.421875 | 3.75625 | 0.828125 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the superlative natural and scenic resources of the
Yellowstone area lead Congress in 1872 to establish Yellowstone
National Park as the world's first national park;
(2) in recognition of its resource values and international
importance, Yellowstone National Park has been designated a
World Heritage Site;
(3) the Absaroka-Beartooth National Wilderness Area was
designated in 1978 to protect the wilderness and ecological
values of certain lands north and east of Yellowstone National
Park;
(4) a 20.5 mile segment of the Clarks Fork of the
Yellowstone River was designated in 1990 as a component of the
National Wild and Scenic Rivers System, the only such
designation within the State of Wyoming, in order to preserve
and enhance the natural, scenic, and recreational resources of
such segment;
(5) Henderson Mountain and certain lands of the Beartooth
Mountains contain important recreational, ecological, fish and
wildlife, scenic, and historical resource values;
(6) Henderson Mountain and certain lands of the Beartooth
Mountains which are located upstream and adjacent to
Yellowstone National Park, the Absaroka-Beartooth National
Wilderness Area, and the Clarks Fork of the Yellowstone
National Wild and Scenic River, form the source of the
headwaters of 3 important river systems;
(7) past and ongoing mining practices have degraded the
resource values of Henderson Mountain and the Beartooth
Mountains area; and
(8) proposed mining activities in the area present a clear
and present danger to the resource values of the area as well
as those of Yellowstone National Park, the Absaroka-Beartooth
National Wilderness Area and the Clarks Fork National Wild and
Scenic River, and it is, therefore, in the public interest to
protect these lands from such mining activities.
SEC. 2. ESTABLISHMENT.
(a) In General.--In order to conserve, protect, and restore the
recreational, ecological, and wildlife resources of the Yellowstone
headwaters area and provide for the protection of the adjacent
Yellowstone National Park, Absaroka-Beartooth National Wilderness Area,
and Clarks Fork National Wild and Scenic River, there is hereby
established the Yellowstone Headwaters National Recreation Area within
the Gallatin and Custer National Forests in the State of Montana
(hereinafter in this Act referred to as the ``recreation area'').
(b) Area Included.--The recreation area shall consist of the lands,
waters, and interests therein within the area generally depicted on the
map entitled ``Boundary Map, ...........'', numbered ____, and dated
____. The map shall be on file and available for public inspection in
the offices of the United States Forest Service, Department of
Agriculture. The Secretary of Agriculture (hereinafter in this Act
referred to as the ``Secretary'') may from time to time make minor
revisions in the boundary of the recreation area to promote management
effectiveness and efficiency in furtherance of the purposes of this
Act. The Secretary shall publish notice of any such revision in the
Federal Register.
SEC. 3. ADMINISTRATION.
(a) In General.--The Secretary shall administer the recreation area
in accordance with this Act and with the provisions of law generally
applicable to units of the national forest system. In the
administration of such recreation area, the Secretary may utilize such
statutory authority as may be available to him for the conservation of
wildlife and natural resources as he deems necessary to carry out the
purposes of this Act. Management of natural resources within the
recreation area shall be permitted only to the extent such management
is compatible with, and does not impair, the purposes for which the
recreation area is established.
(b) Management Plan.--The Secretary shall, not later than 3 years
after the enactment of this Act, develop
a management plan for the recreation area, as an amendment to the
Gallatin and Custer National Forest Management Plans, to reflect the
establishment of the recreation area and to conform to the provisions
of this Act. Such plan shall contain, but not be limited to, measures
to maintain and enhance traditional recreational use of the area,
including use for such activities as hunting, fishing, hiking, camping,
and snowmobiling. Nothing in this Act shall require the Secretary to
revise the Gallatin or Custer National Forest Management Plan pursuant
to section 6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974.
(c) Hunting and Fishing.--The Secretary shall permit hunting and
fishing on lands and waters within the recreation area in accordance
with applicable Federal and State law. The Secretary may designate
zones where, and establish periods when, such activities will not be
permitted for reasons of public safety, administration, fish and
wildlife management or public use and enjoyment. Except in emergencies
any regulations issued by the Secretary under this subsection shall be
put into effect only after consultation with the appropriate State
agencies responsible for hunting and fishing activities.
SEC. 4. ACQUISITION OF LANDS.
The Secretary is directed to acquire lands or interests in lands
within the boundaries of the recreation area that are necessary to
carry out the purposes of this Act by donation, purchase with donated
or appropriated funds, or exchange. Lands within the boundaries of the
recreation area which are owned by the State of Montana or any
political subdivision thereof may only be acquired by donation or
exchange.
SEC. 5. MINERALS AND MINING.
(a) Withdrawals.--After the enactment of this Act:
(1) Lands within the recreation area shall not be open to
location of mining claims under the mining laws of the United
States.
(2) The Secretary of the Interior shall not issue any lease
under the mineral leasing or geothermal leasing laws of the
United States for lands within the recreation area.
(3) Lands within the recreation area shall not be available
for disposal of mineral materials under the Act of July 31,
1947, commonly known as the Materials Act of 1947 (30 U.S.C.
601 and following).
(b) Limitation on Patent Issuance.--Notwithstanding any other
provision of law, no patents shall be issued after June 14, 1995, for
any location or claim made in the recreation area under the mining laws
of the United States.
(c) Prohibition.--No Federal lands may be used in connection with
any mining or mining-related activity within the recreation area.
(d) Reclamation.--No mining or mining-related activity involving
any surface disturbance of lands or waters within such area, including
disturbance through subsidence, shall be permitted except in accordance
with requirements imposed by the Secretary, including requirements for
reasonable reclamation of disturbed lands to a visual and hydrological
condition as close as practical to their premining condition.
(e) Mining Claim Validity Review.--The Secretary of Agriculture
shall undertake and complete within 3 years after the date of enactment
of this Act an expedited program to examine all unpatented mining
claims, including those for which a patent application has been filed,
within the recreation area. Upon determination by the Secretary of
Agriculture that the elements of a contest are present, the Secretary
of the Interior shall expeditiously determine the validity of such
claims. If a claim is determined to be invalid, the Secretary shall
promptly declare the claim to be null and void.
(f) Mining Remediation.--No department or agency of the United
States or any officer or employee thereof may issue any permit,
license, or other authorization to any person, for any mining or mining
related activity within the recreation area until the Secretary has
determined that previous mining related environmental damage that has
occurred on lands owned or used by such person or any person who
controls, is controlled by or under common control with, such person,
has been remediated in accordance with applicable Federal and State
requirements.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
|
Establishes the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in Montana.
Requires the Secretary of Agriculture to: (1) administer the Area in accordance with this Act and with the provisions of law generally applicable to national forest system units; (2) develop a management plan for the Area to reflect its establishment and to conform to this Act; and (3) acquire lands or interests in lands within the Area's boundaries that are necessary to carry out the purposes of this Act.
Withdraws such lands from U.S. mining laws, mineral and geothermal leasing laws, and from disposal of mineral materials under the Materials Act of 1947. Prohibits: (1) a patent from being issued after June 14, 1995, for any location or claim made in the Area under U.S. mining laws; (2) Federal lands from being used in connection with any mining or mining-related activity within the Area; and (3) such activities involving any surface disturbance of lands or waters within such Area, except in accordance with requirements imposed by the Secretary.
Requires: (1) the Secretary to complete an expedited program to examine all unpatented mining claims within the Area; and (2) if the Secretary of the Interior determines that a claim is invalid, to declare it to be null and void. Prohibits a Federal department or agency from issuing authorizations to persons for mining or mining-related activities within the Area until the Secretary has determined that previous mining related environmental damage that has occurred on lands owned or used by such person or any person who controls, is controlled by, or under common control with, such person has been remediated in accordance with applicable Federal and State requirements.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "To establish the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in the State of Montana, and for other purposes."}
| 1,733 | 372 | 0.503927 | 1.602733 | 0.695877 | 4.958457 | 4.756677 | 0.940653 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women Veterans and
Other Health Care Improvements Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Facilitation of reproduction and infertility research.
Sec. 3. Clarification that fertility counseling and treatment are
medical services which the Secretary may
furnish to veterans like other medical
services.
Sec. 4. Reproductive treatment and care delivery for spouses and
surrogates of veterans.
Sec. 5. Requirement to improve Department of Veterans Affairs women
veterans call center.
Sec. 6. Modification of pilot program on counseling in retreat settings
for women veterans newly separated from
service in the Armed Forces.
Sec. 7. Pilot programs on assistance for child care for certain
veterans.
SEC. 2. FACILITATION OF REPRODUCTION AND INFERTILITY RESEARCH.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Facilitation of reproduction and infertility research
``(a) Facilitation of Research Required.--The Secretary shall
facilitate research conducted collaboratively by the Secretary of
Defense and the Director of the National Institutes of Health to
improve the ability of the Department of Veterans Affairs to meet the
long-term reproductive health care needs of veterans who have a
service-connected genitourinary disability or a condition that was
incurred or aggravated in line of duty in the active military, naval,
or air service, such as spinal cord injury, that affects the veterans'
ability to reproduce.
``(b) Dissemination of Information.--The Secretary shall ensure
that information produced by the research facilitated under this
section that may be useful for other activities of the Veterans Health
Administration is disseminated throughout the Veterans Health
Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 is amended by inserting after the item relating to section
7330A the following new item:
``7330B. Facilitation of reproduction and infertility research.''.
(c) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the research activities conducted by the
Secretary under section 7330B of title 38, United States Code, as added
by subsection (a).
SEC. 3. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE
MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO
VETERANS LIKE OTHER MEDICAL SERVICES.
Section 1701(6) of such title is amended by adding at the end the
following new subparagraph:
``(H) Fertility counseling and treatment, including
treatment using assisted reproductive technology.''.
SEC. 4. REPRODUCTIVE TREATMENT AND CARE DELIVERY FOR SPOUSES AND
SURROGATES OF VETERANS.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1787. Reproductive treatment and care for spouses and surrogates
of veterans
``(a) In General.--The Secretary shall furnish fertility counseling
and treatment, including through the use of assisted reproductive
technology, to a spouse or surrogate of a severely wounded veteran who
has an infertility condition incurred or aggravated in line of duty in
the active military, naval, or air service and who is enrolled in the
health care system established under section 1705(a) of this title if
the spouse and the veteran apply jointly for such counseling and
treatment through a process prescribed by the Secretary.
``(b) Coordination of Care for Other Spouses and Surrogates.--In
the case of a spouse or surrogate of a veteran not described in
subsection (a) who is seeking fertility counseling and treatment, the
Secretary may coordinate fertility counseling and treatment for such
spouse or surrogate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1786 the following new section:
``1787. Reproductive treatment and care for spouses and surrogates of
veterans.''.
(c) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out section 1787 of title 38, United
States Code, as added by paragraph (1).
SEC. 5. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS AFFAIRS WOMEN
VETERANS CALL CENTER.
The Secretary of Veterans Affairs shall enhance the capabilities of
the Department of Veterans Affairs women veterans call center--
(1) to respond to requests by women veterans for assistance
with accessing health care and benefits furnished under laws
administered by the Secretary; and
(2) for referral of such veterans to community resources to
obtain assistance with services not furnished by the
Department.
SEC. 6. MODIFICATION OF PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS
FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE IN THE
ARMED FORCES.
(a) Increase in Number of Locations.--Subsection (c) of section 203
of the Caregivers and Veterans Omnibus Health Services Act of 2010
(Public Law 111-163; 38 U.S.C. 1712A note) is amended by striking
``three locations'' and inserting ``14 locations''.
(b) Extension of Duration.--Subsection (d) of such section is
amended by striking ``2-year'' and inserting ``four-year''.
SEC. 7. PILOT PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR CERTAIN
VETERANS.
(a) Modification of Duration of Pilot Program on Assistance for
Child Care for Certain Veterans Receiving Health Care.--Subsection (e)
of section 205 of the Caregivers and Veterans Omnibus Health Services
Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) is amended to
read as follows:
``(e) Duration.--A child care center that is established as part of
the pilot program may operate until the date that is two years after
the date on which the pilot program is established in the third
Veterans Integrated Service Network required by subsection (d).''.
(b) Requirement for Pilot Program on Assistance for Child Care for
Certain Veterans Receiving Readjustment Counseling and Related Mental
Health Services.--
(1) Pilot program required.--The Secretary of Veterans
Affairs shall carry out a pilot program to assess the
feasibility and advisability of providing, subject to paragraph
(2), assistance to qualified veterans described in paragraph
(3) to obtain child care so that such veterans can receive
readjustment counseling and related mental health services.
(2) Limitation on period of payments.--Assistance may only
be provided to a qualified veteran under the pilot program
required by paragraph (1) for receipt of child care during the
period that the qualified veteran receives readjustment
counseling and related health care services at a Vet Center.
(3) Qualified veterans.--For purposes of this subsection, a
qualified veteran is a veteran who is--
(A) the primary caretaker of a child or children;
and
(B)(i) receiving from the Department regular
readjustment counseling and related mental health
services; or
(ii) in need of readjustment counseling and related
mental health services from the Department, and but for
lack of child care services, would receive such
counseling and services from the Department.
(4) Locations.--The Secretary shall carry out the pilot
program under this subsection in no fewer than three
Readjustment Counseling Service Regions selected by the
Secretary for purposes of the pilot program.
(5) Duration.--The pilot program under this subsection
shall be carried out until the end of the two-year period
beginning on the day on which the Secretary begins carrying out
the pilot program at the last Readjustment Counseling Service
Region selected under paragraph (4) at which the Secretary
begins carrying out the pilot program.
(6) Forms of child care assistance.--
(A) In general.--Child care assistance under this
subsection may include the following:
(i) Stipends for the payment of child care
offered by licensed child care centers (either
directly or through a voucher program) which
shall be, to the extent practicable, modeled
after the Department of Veterans Affairs Child
Care Subsidy Program established pursuant to
section 630 of the Treasury and General
Government Appropriations Act, 2002 (Public Law
107-67; 115 Stat. 552).
(ii) Payments to private child care
agencies.
(iii) Collaboration with facilities or
programs of other Federal departments or
agencies.
(iv) Such other forms of assistance as the
Secretary considers appropriate.
(B) Amounts of stipends.--In the case that child
care assistance under this subsection is provided as a
stipend under subparagraph (A)(i), such stipend shall
cover the full cost of such child care.
(7) Report.--Not later than 180 days after the completion
of the pilot program required by paragraph (1), the Secretary
shall submit to Congress a report on the pilot program. The
report shall include the findings and conclusions of the
Secretary as a result of the pilot program, and shall include
such recommendations for the continuation or expansion of the
pilot program as the Secretary considers appropriate.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs to
carry out the pilot program required by paragraph (1)
$1,000,000 for each of fiscal years 2014 and 2015.
(9) Vet center defined.--In this section, the term ``Vet
Center'' means a center for readjustment counseling and related
mental health services for veterans under section 1712A of
title 38, United States Code.
|
Women Veterans and Other Health Care Improvements Act of 2012 - Directs the Secretary of Veterans Affairs (VA) to facilitate collaborative research to meet the long-term reproductive health care needs of veterans who have a service-connected genitourinary disability or a condition that was aggravated in the line of active duty, such as a spinal cord injury, that affects the veterans' ability to reproduce.
Includes fertility counseling and treatment within authorized VA medical services. Directs the Secretary to furnish such counseling and treatment, including the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded veteran who has an infertility condition incurred or aggravated in the line of duty and who is enrolled in the VA health care system, as long as the spouse and veteran apply jointly for such counseling and treatment.
Requires the Secretary to enhance the capabilities of the VA women veterans call center: (1) to respond to requests for assistance with accessing VA health care and benefits, and (2) for referral to community resources to obtain assistance with services not furnished by the VA.
Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 relating to a pilot program of group retreat reintegration and readjustment counseling for women veterans recently separated from service to: (1) increase from at least 3 to at least 14 the number of locations for such counseling, and (2) extend the pilot program for an additional 2 years. Requires a pilot program under such Act relating to the provision of child care assistance for certain veterans receiving VA health care to be extended until two years after the program is established in the third Veterans Integrated Service Network. (Under current law, such program terminates two years after its original commencement.)
Directs the Secretary to carry out a pilot program to assess the feasibility and advisability of providing child care assistance to veterans receiving or in need of VA readjustment counseling and related mental health services. Requires the program to continue until two years after it is begun at the last Readjustment Counseling Service Region chosen by the Secretary.
|
{"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to women veterans, to improve health care furnished by the Department, and for other purposes."}
| 2,275 | 444 | 0.648082 | 2.048358 | 0.753517 | 4.282051 | 5.04359 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teenage Pregnancy Reduction Act of
1999''.
SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF ADOLESCENT
PREGNANCY.
(a) In General.--The Secretary of Health and Human Services shall
(directly or through grants or contracts awarded to public or nonprofit
private entities) arrange for the evaluation of a wide variety of
existing programs designed in whole or part to prevent pregnancy in
adolescents, including programs that do not receive grants from the
Federal Government for the operation of the programs. The purpose of
the evaluation shall be the determination of--
(1) the effectiveness of such programs in reducing
adolescent pregnancy;
(2) the factors contributing to the effectiveness of the
programs; and
(3) the feasibility of replicating the programs in other
locations.
(b) Participation of Federal Agencies and Private Organizations.--
In carrying out the evaluation under subsection (a), the Secretary
shall as appropriate--
(1) provide for the participation of the Director of the
Centers for Disease Control and Prevention, the Director of the
Office of Population Affairs, the Assistant Secretary for
Children and Families, and the Director of the National
Institute of Child Health and Human Development; and
(2) provide for the participation of organizations with
demonstrated expertise in conducting evaluations of adolescent
pregnancy prevention programs, including the National Campaign
to Prevent Teen Pregnancy, a nonpartisan organization.
(c) Design of Evaluation.--Subject to subsection (d), the Secretary
shall select a design for the evaluation under subsection (a) from
among proposals that--
(1) provide for the evaluation of programs in various
geographic regions;
(2) with respect to the populations served by the programs,
provide for determining factors that are specific to various
socioeconomic, racial, ethnic, and age groups, and factors that
are specific to gender; and
(3) meet such other criteria as the Secretary may
establish.
(d) Measures of Effectiveness.--The Secretary shall define the
measures of effectiveness used in evaluating the programs designed to
reduce the rate of adolescent pregnancy, and shall include a variety of
measures of effectiveness in the definition.
(e) Scientific Peer Review.--The Secretary may provide funds for an
evaluation pursuant to subsection (a) only if the evaluation has been
recommended for approval pursuant to a process of scientific peer
review utilizing one or more panels of experts. Such panels shall
include experts from public entities and from private entities.
(f) Submission of Report to Congress and Secretary.--Not later than
December 1, 2004, the evaluation under subsection (a) shall be
completed and a report shall be submitted to the Congress that
describes the findings made in the evaluation and provides
recommendations for future programs designed to reduce the rate of
adolescent pregnancy.
(g) Dissemination of Information.--After the submission of the
report under subsection (f), the Secretary shall disseminate the
findings and recommendations presented in the report. The categories of
individuals to whom the information is disseminated shall include
administrators of prevention programs, public and private entities
providing financial support to such programs, organizations working on
such programs, professional medical associations, entities providing
public health services, entities providing social work services, and
school administrators.
(h) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated $3,500,000 for
each of the fiscal years 2000 through 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2005.
SEC. 3. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS.
(a) In General.--In the case of a prevention program that pursuant
to the evaluation under section 2 has been found to be effective, the
Secretary may under this section make not more than one grant to the
entity that operates the program. The purpose of the grant shall be to
assist the entity with the expenses of operating the program.
(b) Authorization of Appropriations.--For purposes of carrying out
subsection (a), there is authorized to be appropriated $10,000,000, in
the aggregate, for the fiscal years 2004 through 2006. Such
authorization is in addition to any other authorization of
appropriations that is available for making grants for the operational
expenses of prevention programs.
SEC. 4. DEFINITIONS.
(a) Prevention Programs.--
(1) Rule of construction.--The provisions of this Act apply
with respect to a prevention program without regard to which of
the various programmatic approaches for the prevention of
pregnancy in adolescents (as defined in paragraph (2)) is the
focus of the program.
(2) Programmatic approaches.--In this Act, the term
``programmatic approaches'', with respect to prevention
programs, includes advocating abstinence from sexual activity;
providing family planning services (including contraception);
fostering academic achievement; mentoring by adults; providing
employment assistance or job training; providing professional
counseling or peer counseling; providing for recreational or
social events; and any combination thereof.
(b) Other Definitions.--In this Act:
(1) Prevention program.--The term ``prevention program''
means a program for the prevention of pregnancy in adolescents.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
|
Teenage Pregnancy Reduction Act of 1999 - Instructs the Secretary of Health and Human Services to arrange for the evaluation of a wide variety of existing adolescent pregnancy prevention programs, including those that are not Federal grant recipients, in order to determine: (1) program efficacy and contributory factors; and (2) replication feasibility.
Sets forth participation guidelines for Federal and private sector implementation.
Provides one-time incentive grants for effective prevention programs.
Authorizes appropriations for both program evaluation operations and for the incentive grants.
|
{"src": "billsum_train", "title": "Teenage Pregnancy Reduction Act of 1999"}
| 1,152 | 115 | 0.591217 | 1.528296 | 0.61001 | 3.282828 | 10.818182 | 0.838384 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Internet is a powerful engine for economic growth
that has remained open, free, and accessible without government
regulation since its entrance into the public sphere.
(2) Title II of the Communications Act of 1934 was designed
for the monopoly telephone system in 1934 and has its origins
in 19th century shipping regulations.
(3) Imposing the obligations and requirements of title II
of such Act on broadband Internet access service would severely
harm broadband investment and create myriad negative unintended
consequences.
(4) The Federal Communications Commission has consistently
taken actions that classify broadband Internet access service,
even in different forms, as an information service. Such
actions include the following:
(A) In 1998, Chairman Bill Kennard issued a Report
to Congress finding that Internet access is an
information service with a telecommunications
component.
(B) In 2002, the Commission issued a Declaratory
Ruling (17 FCC Rcd 4798) classifying cable modem
broadband Internet access service as an information
service. In the 2005 case of National Cable &
Telecommunications Association v. Brand X Internet
Services (545 U.S. 967), the Supreme Court of the
United States affirmed this determination that such
service is not a common carrier service and is
appropriately classified as an information service.
(C) In 2005, the Commission issued a Report and
Order (20 FCC Rcd 14853) affirming the classification
of wireline broadband Internet access service as an
information service.
(D) In 2007, the Commission issued a Declaratory
Ruling (22 FCC Rcd 5901) affirming the classification
of wireless broadband Internet access service as an
information service.
(5) These Commission rulings unleashed tens of billions of
dollars of investment in the Nation's broadband networks,
investment that would not have been made if broadband services
were subject to common carrier requirements.
SEC. 2. LIMITATION ON AUTHORITY OF FCC.
(a) In General.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended as follows:
(1) Common carrier.--Paragraph (11) is amended by adding at
the end the following: ``Such term does not include a provider
of an information service or of advanced telecommunications
capability (as defined in section 706 of the Telecommunications
Act of 1996 (47 U.S.C. 1302)) when engaged in the provision of
such service or capability.''.
(2) Information service.--Paragraph (24) is amended to read
as follows:
``(24) Information service.--The term `information service'
means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or
making available information via telecommunications, and
includes electronic publishing, but does not include--
``(A) a telecommunications service; or
``(B) any use of any such capability for the
management, control, or operation of a
telecommunications system or the management of a
telecommunications service.
Such term includes broadband Internet access service. A
provider of an information service may not be treated as a
telecommunications carrier under this Act when engaged in the
provision of an information service, and may not be required to
offer such service or any component of such service as a
telecommunications service.''.
(3) Telecommunications carrier.--Paragraph (51) is amended
by adding at the end the following: ``Such term does not
include a provider of an information service or of advanced
telecommunications capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)) when engaged
in the provision of such service or capability.''.
(4) Telecommunications service.--Paragraph (53) is amended
by adding at the end the following: ``Such term does not
include any service that is an information service, any
component of an information service, or advanced
telecommunications capability (as defined in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302)).''.
(b) Broadband Internet Access Service Defined.--Section 3 of the
Communications Act of 1934 is further amended--
(1) by redesignating paragraphs (6) through (59) as
paragraphs (7) through (60), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) Broadband internet access service.--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.
Broadband Internet access service is an information service,
and includes a service utilizing advanced telecommunications
capability (as defined in section 706 of the Telecommunications
Act of 1996 (47 U.S.C. 1302)).''.
|
Amends the Communications Act of 1934 to exclude from the definition of "common carrier" (regulated by the Federal Communications Commission [FCC] under the common carrier regulatory authority provided under title II of such Act) a provider of an information service or of advanced telecommunications capability when engaged in the provision of such service or capability. Classifies broadband Internet access service as an "information service" under such Act (regulated by the FCC under title I of such Act using what is commonly referred to as a general "ancillary jurisdiction" to regulate only as may be necessary in the execution of its statutory functions). Defines "broadband Internet access service" as 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. Provides for such definition to include a service utilizing advanced telecommunications capability under the Telecommunications Act of 1996. Prohibits a provider of an information service from being: (1) treated as a telecommunications carrier when engaged in the provision of an information service, or (2) required to offer such service or any component of such service as a telecommunications service. Excludes from the definition of: (1) "telecommunications carrier" (treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC determines whether the provision of fixed and mobile satellite service is treated as common carriage) a provider of an information service or of advanced telecommunications capability; and (2) "telecommunications service" any service that is an information service, any component of an information service, or advanced telecommunications capability.
|
{"src": "billsum_train", "title": "To amend the Communications Act of 1934 to limit the authority of the Federal Communications Commission over providers of broadband Internet access service."}
| 1,113 | 426 | 0.587086 | 1.903712 | 0.867727 | 3.71261 | 2.932551 | 0.85044 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Investment
Competitiveness Act of 1999''.
(b) Amendment of 1986 Code.--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. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT
COMPANIES.
(a) Treatment of Certain Dividends.--
(1) Nonresident alien individuals.--Section 871 (relating
to tax on nonresident alien individuals) is amended by
redesignating subsection (k) as subsection (l) and by inserting
after subsection (j) the following new subsection:
``(k) Exemption for Certain Dividends of Regulated Investment
Companies.--
``(1) Interest-related dividends.--
``(A) In general.--Except as provided in
subparagraph (B), no tax shall be imposed under
paragraph (1)(A) of subsection (a) on any interest-
related dividend received from a regulated investment
company.
``(B) Exceptions.--Subparagraph (A) shall not
apply--
``(i) to any interest-related dividend
received from a regulated investment company by
a person to the extent such dividend is
attributable to interest (other than interest
described in subparagraph (E)(i)(I) or (III) or
(E)(ii)) received by such company on
indebtedness issued by such person or by any
corporation or partnership with respect to
which such person is a 10-percent shareholder,
``(ii) to any interest-related dividend
with respect to stock of a regulated investment
company unless the person who would otherwise
be required to deduct and withhold tax from
such dividend under chapter 3 receives a
statement (which meets requirements similar to
the requirements of subsection (h)(5)) that the
beneficial owner of such stock is not a United
States person, and
``(iii) to any interest-related dividend
paid to any person within a foreign country (or
any interest-related dividend payment addressed
to, or for the account of, persons within such
foreign country) during any period described in
subsection (h)(6) with respect to such country.
Clause (iii) shall not apply to any dividend with
respect to any stock which was acquired on or before
the date of the publication of the Secretary's
determination under subsection (h)(6).
``(C) Interest-related dividend.--For purposes of
this paragraph, an interest-related dividend is any
dividend (or part thereof) which is designated by the
regulated investment company as an interest-related
dividend in a written notice mailed to its shareholders
not later than 60 days after the close of its taxable
year. If the aggregate amount so designated with
respect to a taxable year of the company (including
amounts so designated with respect to dividends paid
after the close of the taxable year described in
section 855) is greater than the qualified net interest
income of the company for such taxable year, the
portion of each distribution which shall be an
interest-related dividend shall be only that portion of
the amounts so designated which such qualified net
interest income bears to the aggregate amount so
designated.
``(D) Qualified net interest income.--For purposes
of subparagraph (C), the term `qualified net interest
income' means the qualified interest income of the
regulated investment company reduced by the deductions
properly allocable to such income.
``(E) Qualified interest income.--For purposes of
subparagraph (D), the term `qualified interest income'
means the sum of--
``(i) the following amounts derived by the
regulated investment company from sources
within the United States--
``(I) any amount includible in
gross income as original issue discount
(within the meaning of section 1273) on
an obligation payable 183 days or less
from the date of original issue
(without regard to the period held by
the company);
``(II) any interest includible in
gross income (including amounts
recognized as ordinary income in
respect of original issue discount or
market discount or acquisition discount
under part V of subchapter P and such
other amounts as regulations may
provide) on an obligation which is
in registered form; except that this clause shall not apply to any
interest on an obligation issued by a corporation or partnership if the
regulated investment company is a 10-percent shareholder in such
corporation or partnership, and to any interest which is treated as not
being portfolio interest under the rules of subsection (h)(4);
``(III) any interest referred to in
subsection (i)(2)(A) (without regard to
the trade or business of the regulated
investment company); and
``(IV) any interest-related
dividend includible in gross income
with respect to stock of another
regulated investment company; and
``(ii) any interest derived by the
regulated investment company from sources
outside the United States other than interest
that is subject to a tax imposed by a foreign
jurisdiction if the amount of such tax is
reduced (or eliminated) by a treaty with the
United States.
``(F) 10-percent shareholder.--For purposes of this
paragraph, the term `10-percent shareholder' has the
meaning given to such term by subsection (h)(3)(B).
``(2) Short-term capital gain dividends.--
``(A) In general.--Except as provided in
subparagraph (B), no tax shall be imposed under
paragraph (1)(A) of subsection (a) on any short-term
capital gain dividend received from a regulated
investment company.
``(B) Exception for aliens taxable under subsection
(a)(2).--Subparagraph (A) shall not apply in the case
of any nonresident alien individual subject to tax
under subsection (a)(2).
``(C) Short-term capital gain dividend.--For
purposes of this paragraph, a short-term capital gain
dividend is any dividend (or part thereof) which is
designated by the regulated investment company as a
short-term capital gain dividend in a written notice
mailed to its shareholders not later than 60 days after
the close of its taxable year. If the aggregate amount
so designated with respect to a taxable year of the
company (including amounts so designated with respect
to dividends paid after the close of the taxable year
described in section 855) is greater than the qualified
short-term gain of the company for such taxable year,
the portion of each distribution which shall be a
short-term capital gain dividend shall be only that
portion of the amounts so designated which such
qualified short-term gain bears to the aggregate amount
so designated.
``(D) Qualified short-term gain.--For purposes of
subparagraph (C), the term `qualified short-term gain'
means the excess of the net short-term capital gain of
the regulated investment company for the taxable year
over the net long-term capital loss (if any) of such
company for such taxable year. For purposes of this
subparagraph--
``(i) the net short-term capital gain of
the regulated investment company shall be
computed by treating any short-term capital
gain dividend includible in gross income with
respect to the stock of another regulated
investment company as a short-term capital
gain, and
``(ii) the excess of the net short-term
capital gain for a taxable year over the net
long-term capital loss for a taxable year (to
which an election under section 4982(e)(4) does
not apply) shall be determined without regard
to any net capital loss or net short-term
capital loss attributable to transactions after
October 31 of such year, and any such net
capital loss or net short-term capital loss
shall be treated as arising on the 1st day of
the next taxable year.
To the extent provided in regulations, clause (ii)
shall apply also for purposes of computing the taxable
income of the regulated investment company.''.
(2) Foreign corporations.--Section 881 is amended by
redesignating subsection (e) as subsection (f) and by inserting
after subsection (d) the following new subsection:
``(e) Tax Not To Apply to Certain Dividends of Regulated Investment
Companies.--
``(1) Interest-related dividends.--
``(A) In general.--Except as provided in
subparagraph (B), no tax shall be imposed under
paragraph (1) of subsection (a) on any interest-related
dividend (as defined in section 871(k)(1)) received
from a regulated investment company.
``(B) Exception.--Subparagraph (A) shall not
apply--
``(i) to any dividend referred to in
section 871(k)(1)(B), and
``(ii) to any interest-related dividend
received by a controlled foreign corporation
(within the meaning of section 957(a)) to the
extent such dividend is attributable to
interest received by the regulated investment
company from a person who is a related person
(within the meaning of section 864(d)(4)) with
respect to such controlled foreign corporation.
``(C) Treatment of dividends received by controlled
foreign corporations.--The rules of subsection
(c)(5)(A) shall apply to any interest-related dividend
received by a controlled foreign corporation (within
the meaning of section 957(a)) to the extent such
dividend is attributable to interest received by the
regulated investment company which is described in
subclause (II) of section 871(k)(1)(E)(i) (and not
described in subclause (I) or (III) thereof).
``(2) Short-term capital gain dividends.--No tax shall be
imposed under paragraph (1) of subsection (a) on any short-term
capital gain dividend (as defined in section 871(k)(2))
received from a regulated investment company.''.
(3) Withholding taxes.--
(A) Subsection (c) of section 1441 is amended by
adding at the end thereof the following new paragraph:
``(12) Certain dividends received from regulated investment
companies.--
``(A) In general.--No tax shall be required to be
deducted and withheld under subsection (a) from any
amount exempt from the tax imposed by section
871(a)(1)(A) by reason of section 871(k).
``(B) Special rule.--For purposes of subparagraph
(A), clause (i) of section 871(k)(1)(B) shall not apply
to any dividend unless the regulated investment company
knows that such dividend is a dividend referred to in
such clause. A similar rule shall apply with respect to
the exception contained in section 871(k)(2)(B).''.
(B) Subsection (a) of section 1442 is amended--
(i) by striking ``and the reference in
section 1441(c)(10)'' and inserting ``the
reference in section 1441(c)(10)'', and
(ii) by inserting before the period at the
end thereof the following: ``, and the
references in section 1441(c)(12) to sections
871(a) and 871(k) shall be treated as referring
to sections 881(a) and 881(e) (except that for
purposes of applying subparagraph (A) of
section 1441(c)(12), as so modified, clause
(ii) of section 881(e)(1)(B) shall not apply to
any dividend unless the regulated investment
company knows that such dividend is a dividend
referred to in such clause)''.
(b) Estate Tax Treatment of Interest in Certain Regulated
Investment Companies.--Section 2105 (relating to property without the
United States for estate tax purposes) is amended by adding at the end
thereof the following new subsection:
``(d) Stock in a Regulated Investment Company.--
``(1) In general.--For purposes of this subchapter, stock
in a regulated investment company (as defined in section 851)
owned by a nonresident not a citizen of the United States shall
not be deemed property within the United States in the
proportion that, at the end of the quarter of such investment
company's taxable year immediately preceding the decedent's
date of death (or at such other time as the Secretary may
designate in regulations), the assets of the investment company
that were qualifying assets with respect to the decedent bore
to the total assets of the investment company.
``(2) Qualifying assets.--For purposes of this subsection,
qualifying assets with respect to a decedent are assets that,
if owned directly by the decedent, would have been--
``(A) amounts, deposits, or debt obligations
described in subsection (b) of this section,
``(B) debt obligations described in the last
sentence of section 2104(c), or
``(C) other property not within the United
States.''.
(c) Treatment of Regulated Investment Companies Under Section
897.--
(1) Paragraph (1) of section 897(h) is amended by striking
``REIT'' each place it appears and inserting ``qualified
investment entity''.
(2) Paragraphs (2) and (3) of section 897(h) are amended to
read as follows:
``(2) Sale of stock in domestically-controlled entity not
taxed.--The term `United States real property interest' does
not include any interest in a domestically-controlled qualified
investment entity.
``(3) Distributions by domestically-controlled qualified
investment entities.--In the case of a domestically-controlled
qualified investment entity, rules similar to the rules of
subsection (d) shall apply to the foreign ownership percentage
of any gain.''.
(3) Subparagraphs (A) and (B) of section 897(h)(4) are
amended to read as follows:
``(A) Qualified investment entity.--The term
`qualified investment entity' means any real estate
investment trust and any regulated investment company.
``(B) Domestically-controlled.--The term
`domestically-controlled qualified investment entity'
means any qualified investment entity in which at all
times during the testing period less than 50 percent in
value of the stock was held directly or indirectly by
foreign persons.''.
(4) Subparagraphs (C) and (D) of section 897(h)(4) are each
amended by striking ``REIT'' and inserting ``qualified
investment entity''.
(5) The subsection heading for subsection (h) of section
897 is amended by striking ``REITS'' and inserting ``Certain
Investment Entities''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
dividends with respect to taxable years of regulated investment
companies beginning after the date of the enactment of this
Act.
(2) Estate tax treatment.--The amendment made by subsection
(b) shall apply to estates of decedents dying after the date of
the enactment of this Act.
|
Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).
|
{"src": "billsum_train", "title": "Investment Competitiveness Act of 1999"}
| 3,396 | 54 | 0.462129 | 1.101921 | 0.518307 | 2.170213 | 65.404255 | 0.893617 |
SECTION 1. LAND EXCHANGE.
(a) Exchange.--Subject to subsection (c), the Secretary of
Agriculture (referred to in this section as the ``Secretary'') shall
convey all right, title, and interest of the United States in and to
the National Forest System lands described in subsection (b)(1) to
Public Utility District No. 1 of Chelan County, Washington (referred to
in this section as the ``Public Utility District''), in exchange for
the conveyance to the Department of Agriculture by the Public Utility
District of all right, title, and interest of the Public Utility
District in and to the lands described in subsection (b)(2).
(b) Descriptions of Lands.--
(1) National forest system lands.--The National Forest
System lands referred to in subsection (a) are 122 acres, more
or less, that are partially occupied by a wastewater treatment
facility referred to in subsection (c)(4)(A) with the following
legal description:
(A) The NE\1/4\ of SW\1/4\ of section 27 of
township 27 north, range 17 east, Willamette Meridian,
Chelan County, Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such
section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such
section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such
section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such
section 27.
(F) That portion of the S\1/2\ of SE\1/4\ of SW\1/
4\ lying north of the northerly edge of Highway 209
right-of-way of such section 27.
(2) Public utility district lands.--The lands owned by the
Public Utility District are 109.15 acres, more or less, with
the following legal description:
(A) S\1/2\ of SW\1/4\ of section 35 of township 26
north, range 17 east, Willamette Meridian, Chelan
County, Washington.
(B) The area specified by Public Utility District
No. 1 as Government Lot 5 in such section 35.
(c) Requirements for Exchange.--
(1) Title acceptance and conveyance.--Upon offer by the
Public Utility District of all right, title, and interest in
and to the lands described in subsection (b)(2), if the title
is found acceptable by the Secretary, the Secretary shall
accept title to such lands and interests therein and shall
convey to the Public Utility District all right, title, and
interest of the United States in and to the lands described in
subsection (b)(1).
(2) Appraisals required.--Before making an exchange
pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange to
determine the fair market value of the lands. Such appraisals
shall not include the value of the wastewater treatment
facility referred to in paragraph (4)(A).
(3) Additional consideration.--If, on the basis of the
appraisals made under paragraph (1), the Secretary determines
that the fair market value of the lands to be conveyed by one
party under subsection (a) is less than the fair market value
of the lands to be conveyed by the other party under subsection
(a), then, as a condition of making the exchange under
subsection (a), the party conveying the lands with the lesser
value shall pay the other party the amount by which the fair
market value of the lands of greater value exceeds the fair
market value of the lands of lesser value.
(4) Conveyance of wastewater treatment facility.--(A) As
part of an exchange made under subsection (a), the Secretary
shall convey to the Public Utility District of Chelan County,
Washington, all right, title, and interest of the United States
in and to the wastewater treatment facility (including the
wastewater treatment plant and associated lagoons) located on
the lands described in subsection (b)(1) that is in existence
on the date of the exchange.
(B) As a condition for the exchange under subsection (a),
the Public Utility District shall provide for a credit equal to
the fair market value of the wastewater treatment facility
conveyed pursuant to subparagraph (A) (determined as of
November 4, 1991), that shall be applied to the United States'
share of any new or modified wastewater treatment facilities
constructed by the Public Utility District after November 4,
1991.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the exchange
under this section as the Secretary determines appropriate to protect
the interests of the United States.
Passed the House of Representatives September 4, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
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Directs the Secretary of Agriculture to exchange certain National Forest lands (including a wastewater treatment facility) in Chelan County, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington.
|
{"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to exchange certain lands in the Wenatachee National Forest, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington, and for other purposes."}
| 1,058 | 48 | 0.51757 | 1.476827 | 0.723129 | 4.439024 | 23.195122 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federalization of Crimes Uniform
Standards Act of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The State and Federal courts together comprise an
intertwined system for the delivery of justice in the United
States. The 2 court systems have played different but equally
significant roles in the Federal system. The State courts have
served as the chief tribunals for trials of criminal law cases.
(2) The Federal courts have a more limited jurisdiction
than the State courts with respect to criminal matters because
of the fundamental constitutional principle that the Federal
Government is a government of delegated power in which the
residual power remains in the States. In criminal matters, the
jurisdiction of the Federal courts should complement, not
supplant, that of the State courts.
(3) There is no sound justification for having 2 parallel
justice systems.
(4) Citizens should not be subject to different, competing
law enforcement systems, different penalties depending on which
system brings them to trial, and an ever-lengthening
possibility that they might be tried for the same offense more
than once.
SEC. 3. COMMISSION TO REVIEW THE FEDERAL CRIMINAL CODE.
(a) Establishment.--There is established a commission to be known
as the ``Commission to Review the Federal Criminal Code''.
(b) Duties.--The Commission shall have the following duties, which
the Commission shall carry out through the Director:
(1) To prepare Federal law enforcement impact statements in
accordance with section 5.
(2) To review Federal criminal offenses subject to section
6.
(3) To carry out, in accordance with this Act, any other
activity of the Commission under this Act.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 5 members appointed as follows:
(A) 1 member appointed by the President pro tempore
of the Senate.
(B) 1 member appointed by the minority leader of
the Senate.
(C) 1 member appointed by the Speaker of the House
of Representatives.
(D) 1 member appointed by the minority leader of
the House of Representatives.
(E) 1 member appointed by the Chief Justice of the
United States.
(2) Disqualification.--A person who is an officer or
employee of the United States may not be a member of the
Commission.
(3) Terms.--Each member shall be appointed for a term of 5
years.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Basic Pay.--Members shall each be paid at the daily
equivalent of the annual rate of basic pay payable for level IV
of the Executive Schedule for each day (including travel time)
during which they are engaged in the actual performance of
duties vested in the Commission.
(6) Travel Expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(7) Quorum.--3 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(8) Chairperson.--The member appointed by the Chief Justice
of the United States shall serve as the Chairperson of the
Commission.
(9) Meetings.--The Commission shall meet at the call of the
Chairperson.
(d) Staffing and Support Functions.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the Director may appoint additional personnel as the Commission
considers appropriate.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission 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.
(e) Powers.--
(1) Hearings and sessions.--The Commission may for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it. The
Commission may establish rules for its proceedings.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this Act.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission, unless doing so would threaten the national
security, the health or safety or any individual, or the
integrity of an ongoing investigation.
(4) 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 title.
(5) Reports.--
(A) The Commission shall submit to the Congress an
initial report not later than 4 years after the date of
the enactment of this Act. The report shall contain,
for each Federal criminal offense subject to section 6
with a date of enactment on or before the date of the
enactment of this Act, the contents specified in
subparagraph (C) with respect to that offense.
(B) For each Federal criminal offense subject to
section 6 enacted after the date of the enactment of
this Act, the Commission shall submit to the Congress,
not later than 4 years after the date of the enactment
of that offense, a report containing the contents
specified in subparagraph (C) with respect to that
offense.
(C) The contents referred to in subparagraphs (A)
and (B) are the findings, conclusions, and
recommendations of the Commission as to the extent to
which--
(i) that offense is within core Federal
responsibilities;
(ii) the efforts of States have proven
inadequate to address the purposes served by
that offense; and
(iii) that offense imposes burdens on the
Federal court system.
(f) 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 the Commission.
SEC. 4. CONTROLS ON CERTAIN FEDERAL CRIMINAL LEGISLATION.
(a) Point of Order.--It shall not be in order in either the House
of Representatives or the Senate to consider any measure containing a
provision that would increase the law enforcement responsibilities of
the Federal Government, unless that measure is accompanied by a Federal
law enforcement impact statement prepared in accordance with section 5.
(b) Exercise of Rulemaking Powers.--The provisions of subsection
(a) are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
(c) Applicability.--This section shall apply to any consideration
of a measure after the date that is 1 year after the date of the
enactment of this Act.
SEC. 5. FEDERAL LAW ENFORCEMENT IMPACT STATEMENT.
(a) Preparation.--For each measure referred to in section 4 that is
provided to the Commission by a Senator, Representative in (or Delegate
or Resident Commissioner to) the Congress, or committee of the Senate
or the House of Representatives, the Commission shall, as promptly as
practicable--
(1) prepare a Federal law enforcement impact statement with
respect to that measure; and
(2) provide that statement to that Senator, Representative,
or committee.
(b) Contents.--A Federal law enforcement impact statement with
respect to a measure shall, for each provision of that measure that
would increase the law enforcement responsibilities of the Federal
Government, contain the findings, conclusions, and recommendations of
the Commission as to the following:
(1) The extent to which that increase in responsibilities
would occur only as to core Federal responsibilities.
(2) The extent to which the efforts of States are
inadequate to address the purposes to be served by that
provision.
(3) The extent to which the burdens imposed on the Federal
court system with respect to that provision could be
accommodated within the existing capacity, resources, and
structure of that system.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ``Commission'' means the Commission to Review
the Federal Code established under section 3.
(2) The term ``Director'' means the Director of the
Commission.
(3) The term ``measure'' means a bill or joint resolution,
amendment thereto, or conference report thereof.
(4) The term ``core Federal responsibilities'' mean the
responsibilities of the Federal Government in enforcing the
following offenses:
(A) An offense directly against the Federal
Government, including an offense directly against an
officer, employee, agency, or instrumentality of the
Federal Government.
(B) An offense that proscribes an activity with
respect to which a clear need for uniform Federal law
enforcement exists, including an activity that--
(i) involves conduct of such an interstate
or international nature, or of such magnitude
or complexity, that a State acting singly
cannot carry out effective law enforcement with
respect to that conduct; or
(ii) involves conduct of overriding
national interest, such as interference with
the exercise of constitutional rights.
|
(Sec. 4) Specifies that it shall not be in order in either the House of Representatives or the Senate to consider any measure containing a provision that would increase the law enforcement responsibilities of the Federal Government, unless that measure is accompanied by a Federal law enforcement impact statement.
(Sec. 5) Directs the Commission, for each such measure that is provided to the Commission by a Member of Congress or a congressional committee, to promptly: (1) prepare a Federal law enforcement impact statement with respect to that measure; and (2) provide the statement to that Member or committee. Requires a Federal law enforcement impact statement, for each provision of that measure that would increase the law enforcement responsibility of the Government, to contain the findings, conclusions, and recommendations of the Commission as to the extent to which: (1) that increase in responsibilities would occur only as to core Federal responsibilities; (2) the efforts of States are inadequate to address the purposes to be served by that provision; and (3) the burdens imposed on the Federal court system with respect to that provision could be accommodated within the existing capacity, resources, and structure of that system.
|
{"src": "billsum_train", "title": "Federalization of Crimes Uniform Standards Act of 2000"}
| 2,210 | 245 | 0.50419 | 1.512021 | 0.649126 | 6.366812 | 9.126638 | 0.978166 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Overdose Reduction Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Drug overdose death is now second only to motor vehicle
crashes as a leading cause of injury-related death nationally.
Both fatal and nonfatal overdoses place a heavy burden on
public health resources, yet no Federal agency has been tasked
with stemming this crisis.
(2) The Centers for Disease Control and Prevention reports
that 33,541 deaths in the United States in 2005 were
attributable to drug-induced causes. Sixty-seven percent of
these deaths were due to unintentional drug poisonings and
could have been prevented.
(3) Deaths resulting from accidental drug overdoses
increased more than 400 percent between 1980 and 1999, and more
than doubled between 1999 and 2005.
(4) Ninety-five percent of all unintentional and
undetermined intent poisoning deaths are due to drugs, and
poisoning deaths cost society more than $2,200,000,000 in
direct medical costs and $23,000,000,000 in lost productivity
costs in the year 2000 alone.
(5) According to the Federal Drug Abuse Warning Network,
most drug-related deaths involve multiple drugs including
prescription opioids and alcohol. Opioid overdose deaths are
occurring among those who are taking pharmaceutical opioid
drugs, like oxycodone and hydrocodone, and among heroin users.
(6) Community-based programs working with high-risk
populations have successfully prevented deaths from opioid
overdoses through education and access to effective reversal
agents, such as naloxone.
(7) Naloxone is a highly effective opioid antagonist that
reverses overdose from both prescription opioids and heroin.
(8) Public health programs to make naloxone available to
people at-risk of a drug overdose are currently operating in
major cities including Baltimore, Chicago, Los Angeles, New
York City, Boston, San Francisco, and Philadelphia, and
statewide in 3 States including New Mexico, Massachusetts, and
New York. A naloxone distribution program in Boston saved more
than 170 lives in the last year alone.
(9) Between 2001 and January 2008, it is estimated that
more than 2,600 overdoses have been reversed in 16 programs
across the Nation.
(10) Many fatal drug overdoses occur in the presence of
witnesses who can respond effectively to an overdose when
properly trained and equipped.
(11) Overdose prevention programs are needed in
correctional facilities, addiction treatment programs, and
other places where people are at higher risk of overdosing
after a period of abstinence.
SEC. 3. OVERDOSE PREVENTION GRANT PROGRAM.
(a) Program Authorized.--The Director of the Centers for Disease
Control and Prevention shall award grants or cooperative agreements to
eligible entities to enable the eligible entities to reduce deaths
occurring from overdoses of drugs.
(b) Application.--
(1) In general.--An eligible entity desiring a grant or
cooperative agreement under this section shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
(2) Contents.--An application under paragraph (1) shall
include--
(A) a description of the activities to be funded
through the grant or cooperative agreement; and
(B) a demonstration that the eligible entity has
the capacity to carry out such activities.
(c) Priority.--In awarding grants and cooperative agreements under
subsection (a), the Director shall give priority to eligible entities
that--
(1) are public health agencies or community-based
organizations; and
(2) have expertise in preventing deaths occurring from
overdoses of drugs in populations at high risk of such deaths.
(d) Eligible Activities.--As a condition on receipt of a grant or
cooperative agreement under this section, an eligible entity shall
agree to use the grant or cooperative agreement to carry out one or
more of the following activities:
(1) Purchasing and distributing drug overdose reversal
agents, such as naloxone.
(2) Training first responders, other individuals in a
position to respond to an overdose, and law enforcement and
corrections officials on the effective response to individuals
who have overdosed on drugs.
(3) Implementing programs to provide overdose prevention,
recognition, treatment, or response to individuals in need of
such services.
(4) Evaluating, expanding, or replicating a program
described in paragraph (1) or (2).
(e) Report.--As a condition on receipt of a grant or cooperative
agreement under this section, an eligible entity shall agree to prepare
and submit, not later than 90 days after the end of the grant or
cooperative agreement period, a report to the Director describing the
results of the activities supported through the grant or cooperative
agreement.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $27,000,000 for each of the
fiscal years 2010 and 2011, and such sums as may be necessary for each
of the fiscal years 2012 through 2014.
SEC. 4. SENTINEL SURVEILLANCE SYSTEM.
(a) Data Collection.--The Director of the Centers for Disease
Control and Prevention shall annually compile and publish data on both
fatal and nonfatal overdoses of drugs for the preceding year. To the
extent possible, the data shall be collected from all county, State,
and tribal governments, the Federal Government, and private sources,
shall be made available in the form of an Internet database that is
accessible to the public, and shall include--
(1) identification of the underlying drugs that led to
fatal overdose;
(2) identification of substance level specificity where
possible;
(3) analysis of trends in polydrug use in overdose victims,
as well as identification of emerging overdose patterns;
(4) results of toxicology screenings in fatal overdoses
routinely conducted by State medical examiners;
(5) identification of--
(A) drugs that were involved in both fatal and
nonfatal unintentional poisonings; and
(B) the number and percentage of such poisonings by
drug; and
(6) identification of the type of place where unintentional
drug poisonings occur, as well as the age, race, and gender of
victims.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2010 and 2011, and such sums as may be necessary for each
of the fiscal years 2012 through 2014.
SEC. 5. SURVEILLANCE CAPACITY BUILDING.
(a) Program Authorized.--The Director of the Centers for Disease
Control and Prevention shall award grants or cooperative agreements to
State, local, or tribal governments to improve fatal and nonfatal drug
overdose surveillance capabilities, including the following:
(1) Implementing or enhancing the material capacity of a
coroner or medical examiner's office to conduct toxicological
screenings where drug overdose is the suspected cause of death.
(2) Training and other educational activities to improve
identification of drug overdose as the cause of death by
coroners and medical examiners.
(3) Hiring epidemiologists and toxicologists to analyze and
report on fatal and nonfatal drug overdose trends.
(4) Purchasing resources and equipment that directly aid
drug overdose surveillance and reporting.
(b) Application.--
(1) In general.--A State, local, or tribal government
desiring a grant or cooperative agreement under this section
shall submit to the Director an application at such time, in
such manner, and containing such information as the Director
may require.
(2) Contents.--The application described in paragraph (1)
shall include--
(A) a description of the activities to be funded
through the grant or cooperative agreement; and
(B) a demonstration that the State, local, or
tribal government has the capacity to carry out such
activities.
(c) Report.--As a condition on receipt of a grant or cooperative
agreement under this section, a State, local, or tribal government
shall agree to prepare and submit, not later than 90 days after the end
of the grant or cooperative agreement period, a report to the Director
describing the results of the activities supported through the grant or
cooperative agreement.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2010 and 2011, and such sums as may be necessary for each
of the fiscal years 2012 through 2014.
SEC. 6. REDUCING OVERDOSE DEATHS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Centers for Disease Control
and Prevention shall develop a plan in consultation with a task force
comprised of stakeholders to reduce the number of deaths occurring from
overdoses of drugs and shall submit the plan to Congress. The plan
shall include--
(1) an identification of the barriers to obtaining accurate
data regarding the number of deaths occurring from overdoses of
drugs;
(2) an identification of the barriers to implementing more
effective overdose prevention strategies and programs;
(3) an examination of overdose prevention best practices;
(4) an analysis of the supply source of drugs that caused
both fatal and nonfatal unintentional poisonings;
(5) recommendations for improving and expanding overdose
prevention programming; and
(6) recommendations for such legislative or administrative
action as the Director considers appropriate.
(b) Definition.--In this section, the term ``stakeholder'' means
any individual directly impacted by drug overdose, any direct service
provider who engages individuals at-risk of a drug overdose, any drug
overdose prevention advocate, the National Institute on Drug Abuse, the
Center for Substance Abuse Treatment, the Centers for Disease Control
and Prevention, the Food and Drug Administration, and any other
individual or entity with drug overdose expertise.
SEC. 7. OVERDOSE PREVENTION RESEARCH.
(a) Overdose Research.--The Director of the National Institute on
Drug Abuse shall prioritize and conduct or support research on drug
overdose and overdose prevention. The primary aims of this research
shall include--
(1) examinations of circumstances that contributed to drug
overdose and identification of drugs associated with fatal
overdose;
(2) evaluations of existing overdose prevention program
intervention methods; and
(3) pilot programs or research trials on new overdose
prevention strategies or programs that have not been studied in
the United States.
(b) Dosage Forms of Naloxone.--The Director of the National
Institute on Drug Abuse shall support research on the development of
dosage forms of naloxone specifically intended to be used by lay
persons or first responders for the prehospital treatment of
unintentional drug overdose.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2010 and 2011, and such sums as may be necessary for each
of the fiscal years 2012 through 2014.
SEC. 8. DEFINITIONS.
In this Act:
(1) Director.--Unless otherwise specified, the term
``Director'' means the Director of the Centers for Disease
Control and Prevention.
(2) Drug.--The term ``drug''--
(A) means a drug (as that term is defined in
section 201 of the Federal Food, Drug, or Cosmetic Act
(21 U.S.C. 321)); and
(B) includes any controlled substance (as that term
is defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)).
(3) Eligible entity.--The term ``eligible entity'' means an
entity that is a State, local, or tribal government, a
correctional institution, a law enforcement agency, a community
agency, or a private nonprofit organization.
(4) State.--The term ``State'' means any of the several
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa, and
any other territory or possession of the United States.
(5) Training.--The term ``training'' means any activity
that is educational, instructional, or consultative in nature,
and may include volunteer trainings, awareness building
exercises, outreach to individuals who are at-risk of a drug
overdose, and distribution of educational materials.
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Drug Overdose Reduction Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) award grants or enter into cooperative agreements to enable eligible entities to reduce deaths occurring from drug overdoses; and (2) give priority to public health agencies or community-based organizations that have expertise in preventing deaths occurring from overdoses in high risk populations.
Conditions receipt of a grant or agreement on an entity agreeing to use the grant or agreement for: (1) purchasing and distributing drug overdose reversal agents; (2) training first responders, law enforcement and corrections officials, and other individuals in a position to respond to an overdose on the effective response; (3) implementing programs to provide overdose prevention, recognition, treatment, or response to individuals in need; and (4) evaluating, expanding, or replicating such programs.
Requires the Director to: (1) compile and publish data, annually, on fatal and nonfatal drug overdoses for the preceding year; (2) award grants to state, local, or tribal governments to improve drug overdose surveillance capabilities; and (3) develop and submit to Congress a plan to reduce the number of deaths occurring from overdoses.
Requires the Director of the National Institute on Drug Abuse (NIDA) to: (1) prioritize and conduct or support research on drug overdose and overdose prevention; and (2) support research on dosage forms of naloxone for the prehospital treatment of unintentional drug overdose.
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{"src": "billsum_train", "title": "To reduce deaths occurring from drug overdoses."}
| 2,684 | 319 | 0.489002 | 1.514449 | 0.758178 | 4.646853 | 8.63986 | 0.968531 |
SECTION 1. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN FISHERMEN.
(a) Amendments of Internal Revenue Code of 1986.--
(1) Determination of size of crew.--Subsection (b) of
section 3121 of the Internal Revenue Code of 1986 (defining
employment) is amended by adding at the end thereof the
following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be
treated as normally made up of fewer than 10 individuals if the average
size of the operating crew on trips made during the preceding 4
calendar quarters consisted of fewer than 10 individuals.''
(2) Certain cash remuneration permitted.--Subparagraph (A)
of section 3121(b)(20) of such Code is amended to read as
follows:
``(A) such individual does not receive any cash
remuneration other than as provided in subparagraph (B)
and other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum
catch; and
``(iii) which is paid solely for additional
duties (such as mate, engineer, or cook) for
which additional cash remuneration is
traditional in the industry,''.
(3) Conforming amendment.--Section 6050A(a) of such Code is
amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting
``; and'', and by adding at the end thereof the following new
paragraph:
``(5) any cash remuneration described in section
3121(b)(20)(A).''
(b) Amendment of Social Security Act.--
(1) Determination of size of crew.--Subsection (a) of
section 210 of the Social Security Act is amended by adding at
the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be
treated as normally made up of fewer than 10 individuals if the average
size of the operating crew on trips made during the preceding 4
calendar quarters consisted of fewer than 10 individuals.''
(2) Certain cash remuneration permitted.--Subparagraph (A)
of section 210(a)(20) of such Act is amended to read as
follows:
``(A) such individual does not receive any
additional compensation other than as provided in
subparagraph (B) and other than cash remuneration--
``(i) which does not exceed $100 per trip;
``(ii) which is contingent on a minimum
catch; and
``(iii) which is paid solely for additional
duties (such as mate, engineer, or cook) for
which additional cash remuneration is
traditional in the industry,''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to remuneration paid after December 31, 1994.
(2) Special rule.--The amendments made by this section
(other than subsection (a)(3)) shall also apply to remuneration
paid after December 31, 1984, and before January 1, 1995,
unless the payor treated such remuneration (when paid) as being
subject to tax under chapter 21 of the Internal Revenue Code of
1986.
SEC. 2. INFORMATION REPORTING.
(a) In General.--Subpart B of part III of subchapter A of chapter
68 of the Internal Revenue Code of 1986 (relating to information
concerning transactions with other persons) is amended by adding at the
end the following new section:
``SEC. 6050Q. RETURNS RELATING TO CERTAIN PURCHASES OF FISH.
``(a) Requirement of Reporting.--Every person--
``(1) who is engaged in the trade or business of purchasing
fish for resale from any person engaged in the trade or
business of catching fish; and
``(2) who makes payments in cash in the course of such
trade or business to such a person of $1,000 or more during any
calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may prescribe)
described in subsection (b) with respect to each person to whom such a
payment was made during such calendar year.
``(b) Return.--A return is described in this subsection if such
return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each person to
whom a payment described in subsection (a)(2) was made
during the calendar year;
``(B) the aggregate amount of such payments made to
such person during such calendar year and the date and
amount of each such payment, and
``(C) such other information as the Secretary may
require.
``(c) Statement To Be Furnished With Respect to Whom Information is
Required.--Every person required to make a return under subsection (a)
shall furnish to each person whose name is required to be set forth in
such return a written statement showing--
``(1) the name and address of the person required to make
such a return, and
``(2) the aggregate amount of payments to the person
required to be shown on the return.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) is required
to be made.
``(d) Definitions.--For purposes of this section:
``(1) Cash.--The term `cash' has the meaning given such
term by section 6050I(d).
``(2) Fish.--The term `fish' includes other forms of
aquatic life.''.
(b) Technical Amendments.--
(1) Subparagraph (A) of section 6724(d)(1) of such Code is
amended by striking ``or'' at the end of clause (vi), by
striking ``and'' at the end of clause (vii) and inserting
``or'', and by adding at the end the following new clause:
``(viii) section 6050Q (relating to returns
relating to certain purchases of fish), and''.
(2) Paragraph (2) of section 6724(d) of such Code is
amended by redesignating subparagraphs (Q) through (T) as
subparagraphs (R) through (U), respectively, and by inserting
after subparagraph (P) the following new subparagraph:
``(Q) section 6050Q(c) (relating to returns
relating to certain purchases of fish),''.
(3) The table of sections for subpart B of part III of
subchapter A of chapter 68 of such Code is amended by adding at
the end the following new item:
``Sec. 6050Q. Returns relating to certain
purchases of fish.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1994.
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Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the employment tax treatment of certain crew members on fishing vessels with a crew of ten or fewer individuals.
Requires certain persons engaged in the trade or business of purchasing fish for resale to file information returns with respect to such purchases.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the employment status of certain fishermen, and for other purposes."}
| 1,582 | 87 | 0.476464 | 1.186199 | 0.494087 | 2.26087 | 20.666667 | 0.782609 |
SECTION 1. OFFICE FOR STATE AND LOCAL GOVERNMENT COORDINATION.
Section 801 of the Homeland Security Act of 2002 is amended--
(1) in subsection (a), by striking ``to oversee'' and
inserting ``to be headed by a director, which shall oversee'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) prepare an annual report, that contains--
``(A) a description of the State and local
priorities in each of the 50 States based on discovered
needs of first responder organizations, including law
enforcement agencies, fire and rescue agencies, medical
providers, emergency service providers, and relief
agencies;
``(B) a needs assessment that identifies homeland
security functions in which the Federal role is
duplicative of the State or local role, and
recommendations to decrease or eliminate inefficiencies
between the Federal Government and State and local
entities;
``(C) recommendations to Congress regarding the
creation, expansion, or elimination of any program to
assist State and local entities to carry out their
respective functions under the Department; and
``(D) proposals to increase the coordination of
Department priorities within each State and between the
States.''; and
(3) by adding at the end the following:
``(c) Homeland Security Liaison Officers.--
``(1) Designation.--The Secretary shall designate in each
State and the District of Columbia not less than 1 employee of
the Department to serve as the Homeland Security Liaison
Officer in that State or District.
``(2) Duties.--Each Homeland Security Liaison Officer
designated under paragraph (1) shall--
``(A) provide State and local government officials
with regular information, research, and technical
support to assist local efforts at securing the
homeland;
``(B) provide coordination between the Department
and State and local first responders, including--
``(i) law enforcement agencies;
``(ii) fire and rescue agencies;
``(iii) medical providers;
``(iv) emergency service providers; and
``(v) relief agencies;
``(C) notify the Department of the State and local
areas requiring additional information, training,
resources, and security;
``(D) provide training, information, and education
regarding homeland security for State and local
entities;
``(E) identify homeland security functions in which
the Federal role is duplicative of the State or local
role, and recommend ways to decrease or eliminate
inefficiencies;
``(F) assist State and local entities in priority
setting based on discovered needs of first responder
organizations, including law enforcement agencies, fire
and rescue agencies, medical providers, emergency
service providers, and relief agencies;
``(G) assist the Department to identify and
implement State and local homeland security objectives
in an efficient and productive manner;
``(H) serve as a liaison to the Department in
representing State and local priorities and concerns
regarding homeland security;
``(I) consult with State and local government
officials, including emergency managers, to coordinate
efforts and avoid duplication; and
``(J) coordinate with Homeland Security Liaison
Officers in neighboring States to--
``(i) address shared vulnerabilities; and
``(ii) identify opportunities to achieve
efficiencies through interstate activities.
``(d) Federal Interagency Committee on First Responders and State,
Local, and Cross-Jurisdictional Issues.--
``(1) In general.--There is established an Interagency
Committee on First Responders and State, Local, and Cross-
jurisdictional Issues (in this section referred to as the
``Interagency Committee''), that shall--
``(A) ensure coordination, with respect to homeland
security functions, among the Federal agencies involved
with--
``(i) State, local, and regional
governments;
``(ii) State, local, and community-based
law enforcement;
``(iii) fire and rescue operations; and
``(iv) medical and emergency relief
services;
``(B) identify community-based law enforcement,
fire and rescue, and medical and emergency relief
services needs;
``(C) recommend new or expanded grant programs to
improve community-based law enforcement, fire and
rescue, and medical and emergency relief services;
``(D) identify ways to streamline the process
through which Federal agencies support community-based
law enforcement, fire and rescue, and medical and
emergency relief services; and
``(E) assist in priority setting based on
discovered needs.
``(2) Membership.--The Interagency Committee shall be
composed of--
``(A) a representative of the Office for State and
Local Government Coordination;
``(B) a representative of the Health Resources and
Services Administration of the Department of Health and
Human Services;
``(C) a representative of the Centers for Disease
Control and Prevention of the Department of Health and
Human Services;
``(D) a representative of the Federal Emergency
Management Agency of the Department;
``(E) a representative of the United States Coast
Guard of the Department;
``(F) a representative of the Department of
Defense;
``(G) a representative of the Office of Domestic
Preparedness of the Department;
``(H) a representative of the Directorate of
Immigration Affairs of the Department;
``(I) a representative of the Transportation
Security Agency of the Department;
``(J) a representative of the Federal Bureau of
Investigation of the Department of Justice; and
``(K) representatives of any other Federal agency
identified by the President as having a significant
role in the purposes of the Interagency Committee.
``(3) Administration.--The Department shall provide
administrative support to the Interagency Committee and the
Advisory Council, which shall include--
``(A) scheduling meetings;
``(B) preparing agenda;
``(C) maintaining minutes and records;
``(D) producing reports; and
``(E) reimbursing Advisory Council members.
``(4) Leadership.--The members of the Interagency Committee
shall select annually a chairperson.
``(5) Meetings.--The Interagency Committee shall meet--
``(A) at the call of the Secretary; or
``(B) not less frequently than once every 3 months.
``(e) Advisory Council for the Interagency Committee.--
``(1) Establishment.--There is established an Advisory
Council for the Interagency Committee (in this section referred
to as the ``Advisory Council'').
``(2) Membership.--
``(A) In general.--The Advisory Council shall be
composed of not more than 13 members, selected by the
Interagency Committee.
``(B) Duties.--The Advisory Council shall--
``(i) develop a plan to disseminate
information on first response best practices;
``(ii) identify and educate the Secretary
on the latest technological advances in the
field of first response;
``(iii) identify probable emerging threats
to first responders;
``(iv) identify needed improvements to
first response techniques and training;
``(v) identify efficient means of
communication and coordination between first
responders and Federal, State, and local
officials;
``(vi) identify areas in which the
Department can assist first responders; and
``(vii) evaluate the adequacy and
timeliness of resources being made available to
local first responders.
``(C) Representation.--The Interagency Committee
shall ensure that the membership of the Advisory
Council represents--
``(i) the law enforcement community;
``(ii) fire and rescue organizations;
``(iii) medical and emergency relief
services; and
``(iv) both urban and rural communities.
``(3) Chairperson.--The Advisory Council shall select
annually a chairperson from among its members.
``(4) Compensation of members.--The members of the Advisory
Council shall serve without compensation, but shall be eligible
for reimbursement of necessary expenses connected with their
service to the Advisory Council.
``(5) Meetings.--The Advisory Council shall meet with the
Interagency Committee not less frequently than once every 3
months.''.
|
Amends the Homeland Security Act of 2002 to: (1) provide for the Office for State and Local Government Coordination to be headed by a director; and (2) require such Office to prepare annual reports on State and local priorities based on first responder needs, a needs assessment that identifies duplicative Federal and State or local homeland security functions, recommendations regarding program creation, expansion, or elimination to assist State and local entities in carrying out functions under the Department of Homeland Security, and proposals to increase the coordination of Department priorities within and between States.Directs the Secretary of Homeland Security to designate at least one employee in each State and the District of Columbia to serve as a Homeland Security Liaison Officer to provide homeland security information, research, technical support, coordination, training, and resources.Establishes: (1) an Interagency Committee on First Responders and State, Local, and Cross-jurisdictional Issues that shall ensure coordination, with respect to homeland security functions, among the Federal agencies involved with State, local and regional governments, State, local, and community-based law enforcement, fire and rescue operations, and medical and emergency relief services; and (2) an Advisory Council for such Committee.
|
{"src": "billsum_train", "title": "A bill to make changes to the Office for State and Local Government Coordination, Department of Homeland Security."}
| 1,841 | 253 | 0.705782 | 1.835299 | 1.007078 | 3.875 | 7.758621 | 0.961207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom Peace Tax Fund Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The free exercise of religion is an inalienable right,
protected by the First Amendment of the United States
Constitution.
(2) Congress reaffirmed this right in the Religious Freedom
Restoration Act of 1993, as amended in 1998, which prohibits
the Federal Government from imposing a substantial burden on
the free exercise of religion unless it demonstrates that a
compelling government interest is achieved by the least
restrictive means.
(3) Many people immigrated to America (including members of
the Quaker, Mennonite, and Church of the Brethren faiths) to
escape persecution for their refusal to participate in warfare,
yet during the First World War hundreds of conscientious
objectors were imprisoned in America for their beliefs. Some
died while incarcerated as a result of mistreatment.
(4) During the Second World War, ``alternative civilian
service'' was established in lieu of military service, by the
Selective Training and Service Act of 1940, to accommodate a
wide spectrum of religious beliefs and practices. Subsequent
case law also has expanded these exemptions, and has described
this policy as one of ``. . . long standing tradition in this
country . . .'' affording ``the important value of reconciling
individuality of belief with practical exigencies whenever
possible. It dates back to colonial times and has been
perpetuated in State and Federal conscription statutes'', and
``has roots deeply embedded in history'' (Welsh v. United
States, 1970, Justice Harlan concurring). During and since the
Second World War thousands of conscientious objectors provided
essential staff for mental hospitals and volunteered as human
test subjects for arduous medical experiments, and provided
other service for the national health, safety and interest.
(5) Conscientious objectors have sought alternative service
for their tax payments since that time. They request legal
relief from government seizure of their homes, livestock,
automobiles, and other property; and from having bank accounts
attached, wages garnished, fines imposed, and imprisonment
threatened, to compel them to violate their personal and
religious convictions.
(6) Conscientious objection to participation in war in any
form based upon moral, ethical, or religious beliefs is
recognized in Federal law, with provision for alternative
service; but no such provision exists for taxpayers who are
conscientious objectors and who are compelled to participate in
war through the payment of taxes to support military
activities.
(7) The Joint Committee on Taxation has certified that a
tax trust fund, providing for conscientious objector taxpayers
to pay their full taxes for non-military purposes, would
increase Federal revenues.
SEC. 3. DEFINITIONS.
(a) Designated Conscientious Objector.--For purposes of this Act,
the term ``designated conscientious objector'' means a taxpayer who is
opposed to participation in war in any form based upon the taxpayer's
sincerely held moral, ethical, or religious beliefs or training (within
the meaning of the Military Selective Service Act (50 U.S.C. App.
456(j))), and who has certified these beliefs in writing to the
Secretary of the Treasury in such form and manner as the Secretary
provides.
(b) Military Purpose.--For purposes of this Act, the term
``military purpose'' means any activity or program which any agency of
the Government conducts, administers, or sponsors and which effects an
augmentation of military forces or of defensive and offensive
intelligence activities, or enhances the capability of any person or
nation to wage war, including the appropriation of funds by the United
States for--
(1) the Department of Defense;
(2) the intelligence community (as defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 104a(4)));
(3) the Selective Service System;
(4) activities of the Department of Energy that have a
military purpose;
(5) activities of the National Aeronautics and Space
Administration that have a military purpose;
(6) foreign military aid; and
(7) the training, supplying, or maintaining of military
personnel, or the manufacture, construction, maintenance, or
development of military weapons, installations, or strategies.
SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND.
(a) Establishment.--The Secretary of the Treasury shall establish
an account in the Treasury of the United States to be known as the
``Religious Freedom Peace Tax Fund'', for the deposit of income, gift,
and estate taxes paid by or on behalf of taxpayers who are designated
conscientious objectors. The method of deposit shall be prescribed by
the Secretary of the Treasury in a manner that minimizes the cost to
the Treasury and does not impose an undue burden on such taxpayers.
(b) Use of Religious Freedom Peace Tax Fund.--Monies deposited in
the Religious Freedom Peace Tax Fund shall be allocated annually to any
appropriation not for a military purpose.
(c) Report.--The Secretary of the Treasury shall report to the
Committees on Appropriations of the House of Representatives and the
Senate each year on the total amount transferred into the Religious
Freedom Peace Tax Fund during the preceding fiscal year and the
purposes for which such amount was allocated in such preceding fiscal
year. Such report shall be printed in the Congressional Record upon
receipt by the Committees. The privacy of individuals using the Fund
shall be protected.
(d) Sense of Congress.--It is the sense of Congress that any
increase in revenue to the Treasury resulting from the creation of the
Religious Freedom Peace Tax Fund shall be allocated in a manner
consistent with the purposes of the Fund.
|
Religious Freedom Peace Tax Fund Act of 2017 This bill directs the Department of the Treasury to establish in the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon their sincerely held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified their beliefs in writing. Amounts deposited in the Fund shall be allocated annually to any appropriation not for a military purpose. Treasury shall report to the House and Senate Appropriations Committees on the total amount transferred into the Fund during the preceding fiscal year and the purposes for which such amount was allocated. The privacy of individuals using the Fund shall be protected.
|
{"src": "billsum_train", "title": "Religious Freedom Peace Tax Fund Act of 2017"}
| 1,276 | 177 | 0.499132 | 1.638411 | 0.684744 | 6.10559 | 7.236025 | 0.975155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Initiative 911 Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Open communication of information and ideas among
peoples of the world contributes to international peace and
stability, and that the promotion of such communication is
important to the national security of the United States.
(2) The United States needs to improve its communication of
information and ideas to people in foreign countries,
particularly in countries with significant Muslim populations.
(3) A significant expansion of United States international
broadcasting would provide a cost-effective means of improving
communication with countries with significant Muslim
populations by providing news, information, and analysis, as
well as cultural programming, through both radio and television
broadcasts.
(4) The report of the National Commission on Terrorist
Attacks Upon the United States stated that, ``Recognizing that
Arab and Muslim audiences rely on satellite television and
radio, the government has begun some promising initiatives in
television and radio broadcasting to the Arab world, Iran, and
Afghanistan. These efforts are beginning to reach large
audiences. The Broadcasting Board of Governors has asked for
much larger resources. It should get them.''.
SEC. 3. SPECIAL AUTHORITY FOR SURGE CAPACITY.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.) is amended by adding at the end the following new
section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to
be important to the national interests of the United States and
so certifies to the appropriate congressional committees, the
President, on such terms and conditions as the President may
determine, is authorized to direct any department, agency, or
other entity of the United States to furnish the Broadcasting
Board of Governors with such assistance as may be necessary to
provide international broadcasting activities of the United
States with a surge capacity to support United States foreign
policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph
(1) supersedes any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a
geographical area during a crisis.
``(b) Authorization of Appropriations.--
``(1) In general.--Effective October 1, 2004, there are
authorized to be appropriated to the President such amounts as
may be necessary for the President to carry out this section,
except that no such amount may be appropriated which, when
added to amounts previously appropriated for such purpose but
not yet obligated, would cause such amounts to exceed
$25,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
``(3) Designation of appropriations.--Amounts appropriated
pursuant to the authorization of appropriations in this
subsection may be referred to as the `United States
International Broadcasting Surge Capacity Fund'.''.
SEC. 4. REPORT.
In each annual report submitted under section 305(a)(9) of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6204(a)(9)) after the date of enactment of this Act, the Broadcasting
Board of Governors shall give special attention to reporting on the
activities carried out under this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts otherwise available for
such purposes, the following amounts are authorized to be appropriated
to carry out United States Government broadcasting activities under the
United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.), the United States International Broadcasting Act
of 1994 (22 U.S.C. 6201 et seq.), the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division of G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
Public Law 107-277), and this Act, and to carry out other authorities
in law consistent with such purposes:
(1) International broadcasting operations.--For
``International Broadcasting Operations'', $497,000,000 for the
fiscal year 2005.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $70,000,000 for the fiscal year 2005.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization of appropriations in this section are authorized to
remain available until expended.
|
Initiative 911 Act - Amends the United States International Broadcasting Act of 1994 to authorize the President to direct any department, agency, or other U.S. entity to furnish the Broadcasting Board of Governors with necessary assistance to provide international broadcasting activities with a surge capacity to support U.S. foreign policy objectives during a crisis abroad.
Defines "surge capacity" as the financial and technical resources necessary to carry out broadcasting activities in a geographical area during a crisis.
|
{"src": "billsum_train", "title": "A bill to authorize appropriations for international broadcasting operations and capital improvements, and for other purposes."}
| 1,070 | 107 | 0.628715 | 1.787245 | 1.346797 | 4.72619 | 11.011905 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Iranian Destabilization
of Iraq Act of 2016''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to impose sanctions
with respect to terrorist organizations and foreign countries,
including the Government of Iran, that threaten the peace or stability
of Iraq or the Government of Iraq.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN FOREIGN PERSONS
THREATENING PEACE OR STABILITY IN IRAQ.
(a) Sanctions Required.--The President shall impose the sanctions
described in subsection (b)(1)(A) and the Secretary of State or the
Secretary of Homeland Security (or a designee of one of such
Secretaries) shall impose the sanctions described in subsection
(b)(1)(B) with respect to any foreign person that the President, acting
through the Secretary of State or the Secretary of Homeland Security
(or a designee of one of such Secretaries), as the case may be,
determines--
(1) to have knowingly committed, or to pose a significant
risk of committing, an act or acts of violence that have the
purpose or effect of--
(A) threatening the peace or stability of Iraq or
the Government of Iraq; or
(B) undermining efforts to promote economic
reconstruction and political reform in Iraq or to
provide humanitarian assistance to the Iraqi people;
(2) has knowingly materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services to or in support of, any activity described
in subparagraph (A) or (B) of paragraph (1); or
(3) is owned or controlled by, or has acted or purported to
act for or on behalf of, directly or indirectly, a foreign
person that has carried out any activity described in
subparagraph (A) or (B) of paragraph (1) or paragraph (2).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all property and interests in property of a person
determined by the President to be subject to subsection
(a) if such property and 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.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who the Secretary of State or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) knows or has reasonable grounds to
believe meets any of the criteria described in
subsection (a) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) shall revoke any visa or
other entry documentation issued to an
alien who meets any of the criteria
described in subsection (a), regardless
of when issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the alien's possession.
(2) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of the imposition of sanctions under this section.
(3) Penalties.--A person that is subject to sanctions
described in paragraph (1)(A) shall be subject to the penalties
set forth 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 that section.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 90 days, waive the application of
sanctions in this section with respect to a foreign person if
the President certifies to the appropriate congressional
committees at least 15 days before such waiver is to take
effect that such waiver is vital to the national security
interests of the United States.
(2) Sunset.--The provisions of this subsection and any
waivers issued pursuant to this subsection shall terminate on
the date that is 3 years after the date of the enactment of
this Act.
(d) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this section.
(e) Regulatory Authority.--
(1) In general.--The President shall, not later than 90
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this
section.
(2) Notification to congress.--Not less than 10 days before
the promulgation of regulations under subsection (a), the
President shall notify and provide to the appropriate
congressional committees the proposed regulations and the
provisions of this Act and the amendments made by this Act that
the regulations are implementing.
(f) Definitions.--In this section--
(1) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States
person;
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person; or
(C) any representative, agent or instrumentality
of, or an individual working on behalf of a foreign
government.
(2) United states person.--The term ``United States
person'' has the meaning given that term in section 576.317 of
title 31, Code of Federal Regulations, as in effect on June 22,
2016.
(3) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(3)).
(4) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Ways and Means, and
the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Government of iraq.--The term ``Government of Iraq''
has the meaning given that term in section 576.310 of title 31,
Code of Federal Regulations, as in effect on June 22, 2016.
(7) Person.--The term ``person'' has the meaning given that
term in section 576.311 of title 31, Code of Federal
Regulations, as in effect on June 22, 2016.
(8) Property; property interest.--The terms ``property''
and ``property interest'' have the meanings given those terms
in section 576.312 of title 31, Code of Federal Regulations, as
in effect on June 22, 2016.
(g) Sunset.--This section shall cease to be effective beginning on
January 1, 2022.
SEC. 4. DETERMINATIONS WITH RESPECT TO CERTAIN IRANIAN PERSONS.
(a) Sense of Congress.--It is the sense of Congress that the
Government of Iran has committed acts of violence, and pose a
significant risk of committing further acts of violence that have the
purpose of threatening the peace or stability of Iraq or the Government
of Iraq.
(b) Determinations With Respect to Certain Iranian Persons.--
(1) In general.--The President shall, not later than 45
days after the date of the enactment of this Act, determine
whether the Iranian persons listed in paragraph (2) are
responsible for engaging in activities described in section
3(a).
(2) Iranian persons listed.--The Iranian persons referenced
in paragraph (1) are the following:
(A) The Supreme Leader of Iran.
(B) The President of Iran.
(C) Members of the Council of Guardians.
(D) Members of the Expediency Council.
(E) The Minister of Intelligence and Security.
(F) The Commander of the Iran's Revolutionary Guard
Corps.
(G) The Minister of Defense.
(3) Report.--
(A) In general.--The President shall submit to the
appropriate congressional committees a report on the
determinations made under paragraph (1) together with
the reasons for those determinations and an
identification of the Iranian persons that the
President determines are responsible for engaging in
activities described in section 3(a).
(B) Form.--A report submitted under subparagraph
(A) shall be submitted in unclassified form but may
contain a classified annex.
(4) Effect of determination by reason of report or request
under this section.--If an Iranian person listed in paragraph
(2) is determined by the President to be responsible for
engaging in activities described in section 3(a), the President
shall impose the sanctions described in section 3(b) on the
Iranian person.
(5) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Ways and Means, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Finance, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
SEC. 5. REPORT ON IRANIAN ACTIVITIES IN IRAQ.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, and every 180 days thereafter for a period not to exceed 5
years, the President shall submit to the appropriate congressional
committees a report on Iranian activities in Iraq.
(b) Matters To Be Included.--The report required by subsection (a)
shall include a description of the following:
(1) Iran's support for Iraqi militias or political parties,
including weapons, financing, and other forms of material
support.
(2) A list of referrals to the relevant United Nations
Security Council sanctions committees by the United States
Permanent Representative to the United Nations.
(c) Form.--The President may submit the report required by
subsection (a) in classified form if the President determines that it
is necessary for the national security interests of the United States
to do so.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Ways and Means, and the
Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Finance, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
|
Preventing Iranian Destabilization of Iraq Act of 2016 This bill declares it shall be the policy of the United States to impose sanctions with respect to terrorist organizations and foreign countries, including the government of Iran, that threaten the peace or stability of Iraq. The bill directs the President to impose sanctions to block transactions in property and interests in property in the United States of, and the Department of State or the Department of Homeland Security (DHS) to deny admissions into the United States or revoke the visa of, any foreign person that State or DHS determines: has knowingly committed, or poses a significant risk of committing, violence that threatens the peace or stability of Iraq or that undermines economic reconstruction, political reform, or humanitarian efforts in Iraq; has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any such act; or is owned or controlled by, or has acted on behalf of, a foreign person that has carried out any such act or activity. Such admissions-related sanctions shall not apply if a person's admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. The President may waive the application of sanctions under this bill for up to 90 days if the President provides prior certification that the waiver is vital to U.S. national security interests. The sanction provisions of this bill shall cease to be effective on January 1, 2022. It is the sense of Congress that the government of Iran has committed acts of violence, and poses a significant risk of committing further acts of violence, that threaten the peace or stability of Iraq. The bill directs the President to determine whether specified Iranian officials are responsible for engaging in acts or activities described in this bill and, if so, to impose admissions-related sanctions on such officials. The President must report, every 180 days for 5 years, on Iranian activities in Iraq, including Iran's support for Iraqi militias or political parties.
|
{"src": "billsum_train", "title": "Preventing Iranian Destabilization of Iraq Act of 2016"}
| 2,699 | 434 | 0.67163 | 2.228056 | 0.822925 | 4.578283 | 6.214646 | 0.906566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Terrorism Prevention
and Response Act of 2001''.
SEC. 2. ENHANCED SECURITY FOR UNITED STATES AGRICULTURAL PRODUCTION AND
FOOD SUPPLY SYSTEM.
(a) Findings.--Congress finds the following:
(1) The agricultural production sector of the United States
economy accounts for approximately 13 percent of the United
States gross national product.
(2) The strength, importance, and value of the United
States agricultural production and food supply system increases
the possibility that the system could become a target for
international terrorism, particularly a terrorism incident
specifically targeted to key animal or plant commodities used
in the production of food.
(3) Targeted terrorism activities could include the
deliberate introduction of chemical or biological agents that
would be harmful or infectious to crops or livestock and could
disrupt the processing and distribution of food products.
(4) A successful terrorist attack against the United States
agricultural sector involving the release of a contagious agent
against crops or livestock could damage public confidence in
the safety of the United States food supply.
(5) The United States agricultural sector is particularly
susceptible to a foreign crop or livestock disease, against
which domestic animals and plants do not have a natural
resistance. With crops and animals concentrated in fewer
production facilities, and with the frequent transport among
these facilities, a single pathogen introduction could cause
widespread infection.
(6) Terrorism threats to the agricultural production and
food supply system need to receive the same level of priority
as other terrorism threats, and should be treated in a highly
coordinated and integrated manner.
(7) An awareness of the terrorism threat against the United
States agricultural sector has increased within the
intelligence and counterterrorism agencies of the Federal
Government, and efforts must be undertaken to position the
agricultural sector to anticipate and defend against such a
threat.
(8) The internal and external agency structures of the
Department of Agriculture must be strengthened to enable to the
United States agricultural sector to fully realize its
strengths and vulnerabilities in the face of international
terrorism.
(9) The Department of Agriculture is a critical component
of the collaborative infrastructure needed to deal with
terrorism threats to the United States agricultural production
and food supply system.
(b) Interagency Agricultural Terrorism Committee.--(1) The
President shall establish an Interagency Agricultural Terrorism
Committee to coordinate the counterterrorism effort for the protection
of the United States agricultural production and food supply system.
Greater coordination between Federal and State government agencies is
necessary to effectively address potential terrorism threats against
the system. Primary agencies of concern include--
(A) The Department of Agriculture, in particular the Animal
and Plant Health Inspection Service of the Department of
Agriculture.
(B) The United States Customs Service.
(C) The Food and Drug Administration.
(D) State departments of agriculture.
(2) The responsibilities of the Interagency Agricultural Terrorism
Committee shall include--
(A) preparing a plan defining the role of each agency in
safeguarding agricultural production, processing and marketing
systems;
(B) improving domestic crisis planning and management
criteria;
(C) safeguarding critical infrastructures in agricultural
production and food supply system; and
(D) supporting research efforts to enhance counterterrorism
capabilities related to the agricultural production and food
supply system.
(c) Department of Agriculture Cooperation With Other Agencies.--The
Secretary of Agriculture shall continue and strengthen cooperation with
the National Security Council, the Department of Justice, and other
departments and agencies with responsibilities under Presidential
Decision Directive 62 concerning the role of the Department of
Agriculture in counterterrorism programs of the Federal Government. The
Secretary of Agriculture shall engage in active partnership with the
Weapons of Mass Destruction Preparedness Group of the National Security
Council focusing on the role of the Department of Agriculture regarding
food and agricultural protection issues.
(d) Department of Agriculture Counterterrorism Policy Council.--The
Department of Agriculture Counterterrorism Policy Council, established
in 1999 and chaired by the Deputy Secretary of Agriculture, shall
continue to serve as the Department of Agriculture's senior policy
forum for coordinating and leveraging departmental-wide support
regarding terrorism issues. The Secretary of Agriculture shall appoint
an agricultural liaison on terrorism to report to the Homeland Security
Office and serve as a liaison on all agricultural matters involving
security and agricultural terrorism threats.
(e) Agricultural Industry Involvement.--The Secretary of
Agriculture shall establish an Industry Working Group on Agricultural
Terrorism comprised of agricultural producer, processing, distribution,
and retail organizations to serve in a consultative manner with the
Department of Agriculture to develop measures to counteract terrorist
threats against the agricultural production and food supply system. The
Secretary shall also establish training and information programs for
agricultural producers to counter the threat of pests and disease at
the farm level and to convey counterterrorism information to
agricultural producers.
(f) Increased Surveillance, Detection and Interdiction.--Greater
financial and staff resources should be dedicated at the State and
Federal Government levels for the detection and interdiction of
agricultural terrorism threats. Critical among these priorities are
increasing the number of inspectors and detection devices at ports of
entry for the interception of prohibited and damaging agricultural
products or agriculturally related products.
(g) Diagnostic Facilities.--To improve the capability of Federal
diagnostic facilities to accurately and efficiently identify diseases
and substances that are hazardous to plants and animals used in food
production, the Secretary of Agriculture shall establish a Biosafety
Level 4 facility within the Department of Agriculture at the Plum
Island Diagnostic Laboratory, to create the diagnostic tests and
vaccines needed to protect the United States swine industry from acts
of biological terrorism and disease, such as the Nipah virus. The
Biosafety Level 4 facility shall be designed to prevent contact between
microorganisms and personnel as well as escape into the environment. A
database shall be established to link animal and human disease
information systems.
|
Agricultural Terrorism Prevention Response Act of 2001 - Directs the President to establish an Interagency Agricultural Terrorism Committee to coordinate the counterterrorism effort to protect the U.S. agricultural production and food supply system.Directs the Secretary of Agriculture to: (1) continue and strengthen cooperation with other agencies; (2) appoint an agricultural liaison on terrorism to report to the Homeland Security Office and serve as a liaison on agricultural security matters; (3) establish an Industry Working Group on Agricultural Terrorism to develop counterterrorism measures to protect the U.S. agricultural production and food supply system; and (4) establish related training and information programs for agricultural producers.States that: (1) the Department of Agriculture Counterterrorism Policy Council shall continue to serve as the Department's senior policy forum regarding terrorism issues; and (2) greater Federal and State financial and staff resources should be dedicated for the detection and interdiction of agricultural terrorism threats.
|
{"src": "billsum_train", "title": "To respond to the vulnerability of the United States agricultural production and food supply system to international terrorism."}
| 1,248 | 198 | 0.641701 | 1.883425 | 0.847862 | 4.508772 | 6.935673 | 0.976608 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Return of Certain Lands At Fort
Wingate to The Original Inhabitants Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In January 1993, the active mission of the Fort Wingate
Activity Depot located in McKinley County, New Mexico (in this
Act referred to as ``Former Fort Wingate Depot Activity''),
ceased, and the installation was closed pursuant to title II of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(2) The lands occupied by the Former Fort Wingate Depot
Activity were originally the ancestral lands of both the Zuni
Tribe and Navajo Nation, as indicated by the ancestral history
and large number of archaeological and cultural sites
identified on the lands.
(3) The Secretary of the Interior, with the support of the
Zuni Tribe, the Navajo Nation, and other concerned parties,
determined that upon completion of environmental remediation of
Former Fort Wingate Depot Activity, lands no longer needed by
the Department of the Army would be transferred to the
Secretary of the Interior and held in trust by the United
States for the benefit of the Zuni Tribe and the Navajo Nation.
(4) On July 8, 2013, the Zuni Tribe and Navajo Nation,
acting through the respective tribal leadership, who received
authority from their tribal governments to enter into good
faith discussions, and through their respective legal
representatives, met in the Capitol office of Congressman Don
Young, with Congressman Ben Ray Lujan and Congressman Steve
Pearce present, for final discussions to fairly divide Former
Fort Wingate Depot Activity.
(5) In the resulting discussions, the tribal leaders
informally agreed to the property divisions reflected in the
map titled ``Fort Wingate Depot Activity Negotiated Property
Divisions July 2013'' prepared by the Army Corps of Engineers
(in this Act referred to as the ``Map''), and the land division
outlined in section 3 was created in consultation with the Zuni
Tribe and the Navajo Nation.
(6) This Act achieves the goal of fairly dividing Former
Fort Wingate Depot Activity for the benefit of the Zuni Tribe
and the Navajo Nation.
SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT
ACTIVITY, NEW MEXICO, TO BENEFIT THE ZUNI TRIBE AND
NAVAJO NATION.
(a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to
valid existing rights and to easements reserved pursuant to section 4,
all right, title, and interest of the United States in and to the lands
of Former Fort Wingate Depot Activity depicted in blue on the Map and
transferred to the Secretary of the Interior are to be held in trust by
the Secretary of the Interior for the Zuni Tribe as part of the Zuni
Reservation, unless the Zuni Tribe otherwise elects under subparagraphs
(B) and (C) of subsection (c)(3) to have the parcel conveyed to it in
Restricted Fee Status.
(b) Immediate Trust on Behalf of the Navajo Nation; Exception.--
Subject to valid existing rights and to easements reserved pursuant to
section 4, all right, title, and interest of the United States in and
to the lands of Former Fort Wingate Depot Activity depicted in blue on
the Map and transferred to the Secretary of the Interior are to be held
in trust by the Secretary of the Interior for the Navajo Nation as part
of the Navajo Reservation, unless the Navajo Nation otherwise elects
under subsection (c)(3) to have the parcel conveyed to it in Restricted
Fee Status.
(c) Subsequent Transfer and Trust; Restricted Fee Status
Alternative.--
(1) Transfer upon completion of remediation.--Not later
than 60 days after the date on which the New Mexico
Environmental Department certifies that remediation of a parcel
of land of Former Fort Wingate Depot Activity has been
completed consistent with section 5, the Secretary of the Army
shall transfer administrative jurisdiction over the parcel to
the Secretary of the Interior.
(2) Notification of transfer.--Not later than 30 days after
the date on which the Secretary of the Interior assumes
administrative jurisdiction over a parcel of land of Former
Fort Wingate Depot Activity under paragraph (1), the Secretary
of the Interior shall notify the Zuni Tribe and Navajo Nation
of the transfer of administrative jurisdiction over the parcel.
(3) Trust or restricted fee status.--
(A) Trust.--Except as provided in subparagraph (B),
the Secretary of the Interior shall hold each parcel of
land of Former Fort Wingate Depot Activity transferred
under paragraph (1) in trust--
(i) for the Zuni Tribe, in the case of land
depicted in blue on the Map; or
(ii) for the Navajo Nation, in the case of
land depicted in green on the Map.
(B) Restricted fee status alternative.--In lieu of
having a parcel of land held in trust under
subparagraph (A), the Zuni Tribe, with respect to land
depicted in blue on the Map, and the Navajo Nation,
with respect to land depicted in green on the Map, may
elect to have the Secretary of the Interior convey the
parcel or any portion of the parcel to it in restricted
fee status.
(C) Notification of election.--Not later than 45
days after the date on which the Zuni Tribe or the
Navajo Nation receives notice under paragraph (2) of
the transfer of administrative jurisdiction over a
parcel of land of Former Fort Wingate Depot Activity,
the Zuni Tribe or the Navajo Nation shall notify the
Secretary of the Interior of an election under
subparagraph (B) for conveyance of the parcel or any
portion of the parcel in restricted fee status.
(D) Conveyance.--As soon as practicable after
receipt of a notice from the Zuni Tribe or the Navajo
Nation under subparagraph (C), but in no case later
than 6 months after receipt of the notice, the
Secretary of the Interior shall convey, in restricted
fee status, the parcel of land of Former Fort Wingate
Depot Activity covered by the notice to the Zuni Tribe
or the Navajo Nation, as the case may be.
(E) Restricted fee status defined.--For purposes of
this Act only, the term ``restricted fee status'', with
respect to land conveyed under subparagraph (D), means
that the land so conveyed--
(i) shall be owned in fee by the Indian
tribe to whom the land is conveyed;
(ii) shall be part of the Indian tribe's
Reservation and expressly made subject to the
jurisdiction of the Indian Tribe;
(iii) shall not be sold by the Indian tribe
without the consent of Congress;
(iv) shall not be subject to taxation by
any government other than the government of the
Indian tribe; and
(v) shall not be subject to any provision
of law providing for the review or approval by
the Secretary of the Interior before an Indian
tribe may use the land for any purpose,
directly or through agreement with another
party.
(d) Survey and Boundary Requirements.--
(1) In general.--The Secretary of the Interior shall--
(A) provide for the survey of lands of Former Fort
Wingate Depot Activity taken into trust for the Zuni
Tribe or the Navajo Nation or conveyed in restricted
fee status for the Zuni Tribe or the Navajo Nation
under subsection (a), (b), or (c); and
(B) establish legal boundaries based on the Map as
parcels are taken into trust or conveyed in restricted
fee status.
(2) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Interior shall
consult with the Zuni Tribe and the Navajo Nation to determine
their priorities regarding the order in which parcels should be
surveyed, and, to the greatest extent feasible, the Secretary
shall follow these priorities.
(e) Relation to Certain Regulations.--Part 151 of title 25, Code of
Federal Regulations, shall not apply to taking lands of Former Fort
Wingate Depot Activity into trust under subsection (a), (b), or (c).
SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS.
(a) Easements for Cleanup and Remediation.--The lands of Former
Fort Wingate Depot Activity held in trust or conveyed in restricted fee
status pursuant to section 3 shall be subject to reservation by the
United States of such easements as the Secretary of the Army determines
are reasonably required to permit access to lands of Former Fort
Wingate Depot Activity for administrative, environmental cleanup, and
environmental remediation purposes. The Secretary of the Army shall
provide to the governments of the Zuni Tribe and the Navajo Nation
written copies of all easements reserved under this subsection.
(b) Shared Access.--
(1) Parcel 1 shared cultural and religious access.--In the
case of the lands of Former Fort Wingate Depot Activity
depicted as Parcel 1 on the Map, the lands shall be held in
trust subject to a shared easement for cultural and religious
purposes only. Both the Zuni Tribe and the Navajo Nation shall
have unhindered access to their respective cultural and
religious sites within Parcel 1. Within 1 year after the date
of the enactment of this Act, the Zuni Tribe and the Navajo
Nation shall exchange detailed information to document the
existence of cultural and religious sites within Parcel 1 for
the purpose of carrying out this paragraph. The information
shall also be provided to the Secretary of the Interior.
(2) Other shared access.--Subject to the written consent of
both the Zuni Tribe and the Navajo Nation, the Secretary of the
Interior may facilitate shared access to other lands held in
trust or restricted fee status pursuant to section 3,
including, but not limited to, religious and cultural sites.
(c) I-40 Frontage Road Entrance.--The access road for the Former
Fort Wingate Depot Activity, which originates at the frontage road for
Interstate 40 and leads to the parcel of the Former Fort Wingate Depot
Activity depicted as ``administration area'' on the Map, shall be held
in common by the Zuni Tribe and Navajo Nation to provide for equal
access to Former Fort Wingate Depot Activity.
(d) Department of Defense Access to Missile Defense Agency
Facility.--Lands held in trust or conveyed in Restricted Fee Status
pursuant to section 3 shall be subject to easements reasonably required
to permit access to the Missile Defense Agency facility as needed by
the Department of Defense.
SEC. 5. ENVIRONMENTAL REMEDIATION.
(a) Responsibility for Cleanup.--Nothing in this Act shall be
construed as alleviating, altering, or affecting the responsibility of
the United States for cleanup and remediation of Former Fort Wingate
Depot Activity according to the terms previously agreed to by the
Secretary of the Army and the New Mexico Environment Department.
(b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall
be liable for any damages resulting from Department of the Army
activities on Former Fort Wingate Depot Activity or the use by the
Department of the Army of hazardous substances, toxic substances, heavy
metals, explosives, pollutants, contaminants, waste or petroleum
products, or any combination thereof, regardless of when the
contamination is discovered or where it has spread.
(c) Treatment of Claims Against Tribes.--
(1) In general.--The Zuni Tribe and the Navajo Nation shall
be held harmless from any claim, suit, demand, judgment, cost,
or fee arising from Department of the Army activities on or off
the Former Fort Wingate Depot Activity site, or the prior use
of hazardous substances, toxic substances, heavy metals,
explosives, pollutants, contaminants, waste or petroleum
products, or any combination thereof, regardless of when the
contamination is discovered or where it has spread.
(2) Notification requirement.--After a parcel of land of
Former Fort Wingate Depot Activity has been transferred or
conveyed under section 3, the Zuni Tribe or the Navajo Nation
shall notify the Secretary of the Army of the existence or
discovery of any contamination or hazardous material on the
parcel.
(d) Effect of Environmental Certification.--Certification by the
New Mexico Environment Department that a parcel of land of Former Fort
Wingate Depot Activity has been fully remediated shall satisfy all
Federal environmental requirements necessary for the Secretary of the
Army and the Secretary of the Interior to carry out their
responsibilities to transfer or convey the parcel under section 3.
|
Return of Certain Lands At Fort Wingate to The Original Inhabitants Act - Requires all U.S. interest in and to specified lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico (Activity), transferred to the Secretary of the Interior to be held in trust for: (1) the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have the parcel conveyed to it in restricted fee status; and (2) the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have the parcel conveyed to it in restricted fee status. Subjects the lands of the Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to Activity lands for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Requires the access road for the Activity that originates at the frontage road for Interstate 40 and leads to the parcel of the administration area to be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to easements reasonably required to permit access to the Missile Defense Agency facility as needed by the Department of Defense (DOD). Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.
|
{"src": "billsum_train", "title": "Return of Certain Lands At Fort Wingate to The Original Inhabitants Act"}
| 2,846 | 394 | 0.651541 | 2.440208 | 0.679869 | 5.937107 | 7.896226 | 0.962264 |
SECTION 1. ESTATE TAX DEFERRAL IF REAL PROPERTY MANAGED ACCORDING TO
HABITAT CONSERVATION AGREEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to tax imposed) is amended by
adding at the end the following new section:
``SEC. 2057. EXCLUSION OF REAL PROPERTY MANAGED UNDER HABITAT
CONSERVATION AGREEMENT.
``(a) In General.--If the executor elects the application of this
section and files the agreement referred to in subsection (b), then for
purposes of the tax imposed by section 2001 the value of the taxable
estate shall be determined by deducting from the value of the gross
estate an amount equal to the value of the qualified real property of
the decedent included in determining the gross estate.
``(b) Qualified Real Property.--For purposes of this section, the
term `qualified real property' means real property with respect to
which each owner has entered into an agreement--
``(1) with the Secretary of the Interior or the Secretary
of Commerce, under which each owner agrees to maintain the
property in accordance with habitat conservation concerns, as
determined by the agreement, or
``(2) with a State environmental agency, under which each
owner agrees to so maintain the property, if the agreement is
approved by the Secretary of the Interior or the Secretary of
Commerce.
``(c) Recapture.--
``(1) Disposition of interest, material breach, or
termination.--
``(A) In general.--Except as provided in
subparagraph (C), if--
``(i) any owner disposes of any interest in
the property to which subsection (a) applies,
or
``(ii) there is a material breach or
termination by any owner of any agreement
described in subsection (b) with respect to
such property,
then there is hereby imposed an additional tax.
``(B) Amount of tax.--The amount of the tax imposed
by subparagraph (A) with respect to any property shall
equal the sum of--
``(i) the difference between--
``(I) the amount of the tax imposed
by section 2001 on the estate of the
decedent, and
``(II) the amount of tax which
would have been so imposed if the value
of real property excluded under
subsection (a) had been included in the
gross estate at the fair market value
applicable at the time of the
disposition, breach, or termination
referred to in subparagraph (A), and
``(ii) if the disposition, breach, or
termination referred to in subparagraph (A)
occurs during the 2-year period beginning on
the date of the death of the decedent referred
to subsection (a), interest on the amount
described in clause (i), determined using the
underpayment rate established under section
6621, for the period beginning on the due date
of the return of the tax imposed by section
2001 (determined without regard to any
extension) and ending on the date of the
payment of the additional tax under this
paragraph.
``(C) Exception if transferee assumes obligations
of transferor.--Subparagraph (A)(i) shall not apply to
a disposition by an owner if the owner (or his estate)
and the transferee of the property enter into a written
agreement under which the transferee agrees--
``(i) to assume the obligations imposed on
the owner under the agreement described in
subsection (b),
``(ii) to assume liability for any tax
imposed under subparagraph (A) with respect to
any future transfers or breaches by such
transferee, and
``(iii) to notify the Secretary of the
Interior or the Secretary of Commerce
(whichever is applicable) and the Secretary
that the transferee has assumed the obligations
and liabilities described in clauses (i) and
(ii).
If an owner and a transferee enter into an agreement
described in clauses (i), (ii), and (iii), such
transferee shall be treated for purposes of this
section as having entered into an agreement described
in subsection (b).
``(2) Statute of limitations.--If a taxpayer incurs a tax
liability pursuant to paragraph (1), then--
``(A) the statutory period for the assessment of
any additional tax imposed by paragraph (1) shall not
expire before the expiration of 3 years from the date
the Secretary is notified (in such manner as the
Secretary may by regulation prescribe) of the incurring
of such tax liability, and
``(B) such additional tax may be assessed before
the expiration of such 3-year period notwithstanding
the provisions of any other law or rule of law that
would otherwise prevent such assessment.
``(d) Owner.--For purposes of this section, the term `owner' means
a person in being who has an interest (whether or not in possession) in
real property.
``(e) Election and Filing of Agreement.--
``(1) Election.--The election under this section shall be
made on the return of the tax imposed by section 2001. Such
election shall be made in such manner as the Secretary shall by
regulation provide.
``(2) Agreement.--The agreement described in subsection (b)
shall be filed in such manner as the Secretary shall by
regulation prescribe.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:
``Sec. 2017. Credit if real property
managed under habitat
conservation agreement.''
(c) Effective Date.--The amendments made by this Act shall apply to
the estates of decedents dying after the date of the enactment of this
Act.
SEC. 2. CREDIT FOR CERTAIN CONSERVATION EXPENSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30A. CREDIT FOR CONSERVATION EXPENSES.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
applicable conservation expense amount for the taxable year.
``(b) Applicable Conservation Expense Amount.--For purposes of this
section--
``(1) In general.--The term `applicable conservation
expense amount' means, with respect to qualified conservation
expenses paid or incurred by the taxpayer during the taxable
year--
``(A) such qualified conservation expenses, if the
out-of-pocket expenses of the taxpayer are 50 percent
or more of such qualified conservation expenses, or
``(B) the out-of-pocket expenses of the taxpayer,
if the out-of-pocket expenses are less than 50 percent
of such qualified conservation expenses.
``(2) Out-of-pocket expenses.--The term `out-of-pocket
expenses' means, with respect to qualified conservation
expenses paid or incurred by the taxpayer during the taxable
year, the excess of--
``(A) such qualified conservation expenses, over
``(B) the amount of any grant to the taxpayer which
is--
``(i) made for the purpose of paying such
qualified conservation expenses, and
``(ii) excludable from income.
``(c) Qualified Conservation Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified conservation
expenses' means, with respect to any real property, expenses
paid or incurred for--
``(A) any action taken pursuant to a qualified
conservation agreement for such property, or
``(B) any qualified conservation activity.
``(2) Qualified conservation activity.--The term `qualified
conservation activity' means any activity so designated for
purposes of this paragraph by the Director of the United States
Fish and Wildlife Service or the Administrator of the National
Marine Fisheries Service.
``(3) Qualified conservation agreement.--The term
`qualified conservation agreement' means an agreement described
in section 2057(b).
``(d) Limitation.--The credit allowed under this section for any
taxable year may not exceed $1,500.
``(e) Carryforward or Unused Credit.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the credits
allowable under subpart A and this subpart (other than this section),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such succeeding
taxable year up to 10 years.
``(f) Denial of Double Benefit.--No deduction may be allowed under
this chapter for any expense for which a credit is allowed under this
section.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30A. Credit for conservation
expenses.''
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date of the enactment of
this Act.
SEC. 3. EXCLUSION FROM INCOME OF GRANTS MADE FOR QUALIFIED CONSERVATION
EXPENSES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 137
as section 138 and by inserting after section 136 the following new
section:
``SEC. 137. GRANTS MADE FOR QUALIFIED CONSERVATION EXPENSES.
``(a) In General.--Gross income shall not include the amount of any
grant which is--
(1) made to the taxpayer for the purpose of paying, during
the taxable year, qualified conservation expenses with respect
to real property owned by the taxpayer, and
(2) used by the taxpayer to pay such expenses.
``(b) Qualified Conservation Expenses.--For purposes of this
section, the term `qualified conservation expenses' has the meaning
given such term by section 30A(d).''
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 137 and inserting the following new items:
``Sec. 137. Grants made for qualified
conservation expenses.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
|
Amends the Internal Revenue Code to permit an executor to exclude from the value of the gross estate an amount equal to the value of the qualified real property of the decedent which is maintained in accordance with habitat conservation concerns, if the executor files a habitat conservation agreement. Provides for recapture if: (1) an owner dispenses of any interest in the property; or (2) there is a material breach or termination by an owner of any agreement with respect to such property. Permits a disposition by an owner, without recapture, if the owner (or his estate) and the transferee of the property enter into a written agreement under which the transferee agrees to: (1) assume the obligations imposed on the owner under the agreement; (2) assume liability for any tax imposed with respect to any future transfers or breaches; and (3) notify the Secretary of the Interior or of Commerce that the transferee has assumed the obligations and liabilities.
Allows a tax credit in an amount equal to the applicable conservation expense amount. Limits such credit allowed to a maximum of $1,500. Provides for the carryforward of unused credit.
Provides for exclusion from gross income of the amount of any grant which is: (1) made to the taxpayer for the purpose of paying qualified conservation expenses with respect to real property owned by the taxpayer; and (2) used by the taxpayer to pay such expenses.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an estate tax credit with respect to property managed according to certain habitat conservation agreements, to provide a credit for certain conservation expenses, and to exclude from income amounts received from others to pay for such expenses."}
| 2,457 | 297 | 0.602337 | 1.843415 | 0.807414 | 4.635714 | 7.810714 | 0.907143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``David `Davy' Crockett Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The year 2005 marks the 175th anniversary of a
courageous vote on the floors of Congress by David Crockett.
(2) In 1830, during the 21st Congress, Representative David
Crockett rose to speak out in opposition to a bill for the
funding of the removal of Southeastern Native American tribes
to the west of the Mississippi River.
(3) He was the only Member of Congress from his State to
oppose the bill, was fully aware that the majority of his
constituents favored the bill, and understood that he was
providing his political foes with an issue that they could--and
did--use to attack him.
(4) Undaunted by threats of political retaliation, he
refused to support a bill designed to remove what he called
``the poor remnants of a once powerful people'' from their
ancestral homes, claiming instead that he would ``sooner be
honestly and politically damned, than hypocritically
immortalized''.
(5) The year 2005 also marks the 50th anniversary of the
release of a feature-length motion picture that returned David
Crockett to the position he had enjoyed 125 years earlier as
the classic image of the American frontier and the best
reflection of the frontier spirit.
(6) As ``Davy'' Crockett, he was popularized in movies and
television, and he became a cultural icon of the 1950s.
(7) David Crockett first appeared on the national scene as
the representative of a new, proud, and irreverent American
character and culture, unique and apart from European customs
and mores.
(8) As a young man from the backwoods of East Tennessee,
David Crockett mastered the skills necessary for life on the
American frontier, including marksmanship and hunting.
(9) The first rifle he owned, with which he developed those
skills, is included in the collection at the East Tennessee
Historical Society and will be featured prominently when the
Historical Society opens its expanded museum exhibit in 2005.
(10) His quick wit and natural leadership abilities allowed
him to move from the humblest of settings to the halls of
Congress.
(11) David Crockett was a committed public servant serving
2 terms in the Tennessee General Assembly and 3 terms in the
United States House of Representatives.
(12) During the last 3 months of his life, he fought with
others to secure independence for the Republic of Texas before
he died a hero's death at the Alamo at the age of 49.
(13) His life was chronicled during and immediately after
his lifetime through theatrical productions, biographies, and
in a series of almanacs from 1835-1856, galvanizing his persona
as a true American folk hero.
(14) He has been the subject of at least 17 motion pictures
and 12 television programs during the 20th century.
(15) David Crockett personified the spirit of independence,
individualism, and justice in his opposition to the Indian
removal bill, a position that was opposed by powerful political
opponents, unpopular with a majority of his own constituents,
but dedicated to principle.
(16) He was guided in this, as he was throughout his life,
by his best-known maxim: ``Be always sure you are right, then
go ahead.''.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the achievements and legacy
of David Crockett, the Secretary of the Treasury (hereinafter in this
Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 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 legacy of David Crockett and his
importance to Tennessee, Texas, and the history of the United
States.
(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 ``2005''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', ``E Pluribus
Unum'', and ``David `Davy' Crockett 1786-1836''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Board of the East Tennessee
Historical Society; 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2005, and
ending on December 31, 2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) $35 per coin for the $5 coin.
(2) $10 per coin for the $1 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 promptly paid by the Secretary to
the East Tennessee Historical Society to be used--
(1) to fund capital improvements for The East Tennessee
Historical Society and its museum; and
(2) to establish an endowment to be a permanent source of
support for The East Tennessee Historical Society and its vital
mission of preserving, interpreting, and promoting the history
of Tennessee, focusing on East Tennessee.
(c) Audits.--The East Tennessee Historical Society shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received by the Foundation
under subsection (b).
|
David "Davy" Crockett Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue not more than 100,000 five dollar gold coins and 500,000 one dollar coins emblematic of David Crockett's legacy and his importance to Tennessee, Texas, and the history of the United States; and (2) pay surcharges received from the sale of such coins to the East Tennessee Historical Society to fund capital improvements for the Society and its museum and to establish an endowment as a permanent source of support for the Society and its mission of preserving, interpreting, and promoting the history of Tennessee.
|
{"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of David Crockett and his contributions to American history."}
| 1,805 | 133 | 0.415127 | 1.437484 | 0.406725 | 4.215517 | 14.094828 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Meth Act of 2004''.
TITLE I--GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS
SEC. 101. GRANT PROGRAM FOR COMBATING METHAMPHETAMINE REPEAT OFFENDERS.
(a) Grant Program.--The Attorney General shall carry out a program
to provide grants to qualified States for combating the problem of
methamphetamine abuse with a specific focus on the prosecution of
repeat offenders.
(b) Qualified State.--For purposes of this section, the term
``qualified State'' means a State that--
(1) as reported by the National Clandestine Laboratory
Database, had more than 200 methamphetamine lab seizures in
2003; and
(2) has a law that provides that possession or distribution
of 5 grams or more of methamphetamine, its salts, isomers, or
salts of its isomers, or 50 grams or more of a mixture or
substance containing a detectable amount of methamphetamine,
its salts, isomers, or salts of its isomers, qualifies for a
mandatory minimum sentence, without the possibility of
probation or parole, of 5 to 40 years for a first offense, 10
years to life for a second offense, and life for a third
offense.
(c) Distribution of Grant Amounts.--The Attorney General shall
distribute grants authorized under subsection (a) to 2 States.
(d) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$10,000,000 for fiscal years 2005 and 2006 to carry out this
section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.
TITLE II--ENFORCEMENT
SEC. 201. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS.
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2005 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), known as the COPS program, there is authorized to be
appropriated $20,000,000 for such purpose to provide training to State
and local prosecutors and law enforcement agents for the investigation
and prosecution of methamphetamine offenses.
(b) Rural Set-Aside.--Of amounts made available pursuant to
subsection (a), $5,000,000 shall be available only for prosecutors and
law enforcement agents for rural communities.
(c) DEA Reimbursement.--Of amounts made available pursuant to
subsection (a), $2,000,000 shall be available only to reimburse the
Drug Enforcement Administration for existing training expenses, and
shall remain available until expended.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE
LABORATORY TRAINING.
In addition to any other funds authorized to be appropriated for
fiscal year 2005 for the facilities and personnel used to operate the
Clandestine Laboratory Training Facility of the Drug Enforcement
Administration, located in Quantico, Virginia, there is authorized to
be appropriated $10,000,000 for such purpose (but to include not more
than 20 additional full-time positions) to provide training to law
enforcement personnel of all the States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and possessions of the
United States.
SEC. 203. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
CLEANUP.
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended--
(1) in paragraph (11) by striking ``and'' at the end;
(2) in paragraph (12) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(13) hire personnel and purchase equipment to assist in
the enforcement and prosecution of methamphetamine offenses and
the cleanup of methamphetamine-affected areas.''.
SEC. 204. SPECIAL UNITED STATES ATTORNEY'S PROGRAM.
(a) In General.--The Attorney General shall allocate any amounts
appropriated pursuant to the authorization under subsection (a) for the
hiring and training of special assistant United States attorneys.
(b) Use of Funds.--The funds allocated under subsection (a) shall
be used to--
(1) train local prosecutors in techniques used to prosecute
methamphetamine cases, including the presentation of evidence
related to the manufacture of methamphetamine;
(2) train local prosecutors in Federal and State laws
involving methamphetamine manufacture or distribution;
(3) cross-designate local prosecutors as special assistant
United States attorneys; and
(4) hire additional local prosecutors who--
(A) with the approval of the United States
attorney, shall be cross-designated to prosecute both
Federal and State methamphetamine cases;
(B) shall be assigned a caseload, whether in State
court or Federal court, that gives the highest priority
to cases in which--
(i) charges related to methamphetamine
manufacture or distribution are submitted by
law enforcement for consideration; and
(ii) the defendant has been previously
convicted of a crime related to methamphetamine
manufacture or distribution.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for fiscal years 2005 and 2006 to carry out the
provisions of this section.
TITLE III--EDUCATION, PREVENTION, AND TREATMENT
SEC. 301. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.
Section 519 of the Public Health Service Act (42 U.S.C. 290bb-25)
is amended--
(1) in subsection (b), by inserting after paragraph (8) the
following:
``(9) Development of drug endangered children rapid
response teams that will intervene on behalf of children
exposed to methamphetamine as a result of residing or being
present in a home-based clandestine drug laboratory.''; and
(2) in subsection (o)--
(A) by striking ``For the purpose'' and inserting
the following:
``(1) In general.--For the purpose''; and
(B) by adding at the end the following:
``(2) Drug endangered children rapid response teams.--There
are authorized to be appropriated $1,000,000 for fiscal years
2005 and 2006 to carry out the provisions of subsection
(b)(9).''.
SEC. 302. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND
RELATED CONDITIONS.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the section 514 that relates to
methamphetamine and appears after section 514A as section 514B;
and
(2) by inserting after section 514B (as so redesignated)
the following section:
``local grants for treatment of methamphetamine abuse and related
conditions.
``Sec. 514C. The Secretary may make grants to political
subdivisions of States and to nonprofit private entities for the
purpose of providing treatment for methamphetamine abuse.''.
SEC. 303. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.
(a) Grants Authorized.--The Attorney General, acting through the
Bureau of Justice Assistance, may award grants to States to establish
methamphetamine precursor monitoring programs.
(b) Purpose.--The purpose of the grant program established under
this section is to--
(1) prevent the sale of methamphetamine precursors, such as
pseudoephedrine, to individuals in quantities so large that the
only reasonable purpose of the purchase would be to manufacture
methamphetamine;
(2) educate businesses that legally sell methamphetamine
precursors of the need to balance the legitimate need for
lawful access to medication with the risk that those substances
may be used to manufacture methamphetamine; and
(3) recalibrate existing prescription drug monitoring
programs designed to track the sale of controlled substances to
also track the sale of pseudoephedrine in any amount greater
than 6 grams.
(c) Use of Grant Funds.--Grant funds awarded to States under this
section may be used to--
(1) implement a methamphetamine precursor monitoring
program, including hiring personnel and purchasing computer
hardware and software designed to monitor methamphetamine
precursor purchases;
(2) expand existing methamphetamine precursor or
prescription drug monitoring programs to accomplish the
purposes described in subsection (b);
(3) pay for training and technical assistance for law
enforcement personnel and employees of businesses that lawfully
sell substances, which may be used as methamphetamine
precursors;
(4) improve information sharing between adjacent States
through enhanced connectivity; or
(5) make grants to subdivisions of the State to implement
methamphetamine precursor monitoring programs.
(d) Application.--Any State desiring a grant under this section
shall submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney General
may require.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for the fiscal years 2005 and 2006, to be used
to carry out the provisions of this section.
|
Combat Meth Act of 2004 - Directs the Attorney General to carry out a program to provide grants to qualified States (i.e., those which had more than 200 methamphetamine lab seizures in 2003 and that provide a specified mandatory minimum sentence for possession and/or distribution of five grams or more of methamphetamine or 50 grams or more of a substance containing methamphetamine) to combat methamphetamine abuse, focusing on the prosecution of repeat offenders.
Authorizes funds to provide training to: (1) State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses; and (2) State law enforcement personnel at the Drug Enforcement Administration's Clandestine Laboratory Training Facility in Quantico, Virginia.
Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; and (2) the Public Health Service Act to authorize grants to local governments and nonprofit private entities to provide treatment for methamphetamine abuse.
Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.
|
{"src": "billsum_train", "title": "A bill to respond to the illegal production, distribution, and use of methamphetamines in the United States, and for other purposes."}
| 2,236 | 332 | 0.676543 | 2.08447 | 0.718952 | 3.744094 | 7.145669 | 0.917323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Quality Cancer Care
Demonstration Project Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In order to ensure the delivery of quality, cost-
efficient medical care to patients with cancer, Medicare should
reinforce and expand the use of evidence-based guidelines and
the provision of demonstrated quality delivery of care through
adjustments in the payment system.
(2) An Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' recommends that the following items are
essential components in quality cancer care delivery:
(A) An agreed-upon treatment plan that outlines the
goals of care.
(B) Access to clinical trials.
(C) Policies to ensure full disclosure of
information about appropriate treatment options to
patients.
(D) A mechanism to coordinate services.
(3) According to the Institute of Medicine, the quality of
cancer care must be measured by using a core set of quality
measures. Cancer care quality measures should be used to hold
providers, including health care systems, health plans, and
physicians, accountable for demonstrating that they provide and
improve quality of care.
(4) In its report, ``From Cancer Patient to Cancer
Survivor: Lost in Transition'', the Institute of Medicine
recommended that individuals with cancer completing primary
treatment be provided a comprehensive summary of their care
along with a follow-up survivorship plan of treatment.
(5) The medical literature suggests that adherence to
quality metrics and evidence-based guidelines help lower costs
by reducing use of physician services, hospitalizations, and
supplemental and expensive drugs.
(6) Although treatment planning and follow-up cancer care
planning are recognized critical components of cancer care,
none of the 153 quality measures in the Centers for Medicare &
Medicaid Services (CMS) 2009 Physician Quality Reporting
Initiative (PQRI) addresses overall treatment planning or
follow-up care planning for cancer patients.
SEC. 3. MEDICARE QUALITY CANCER CARE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a
quality cancer care demonstration project under this section (in this
section referred to as the ``QCCD project'') for the purpose of
establishing quality metrics and aligning Medicare payment incentives
in the areas of treatment planning and follow-up cancer care planning
for Medicare beneficiaries with cancer.
(b) Test Metrics and Reporting Systems Through a Pay-For-Reporting
Incentive Program.--Under the QCCD project, the Secretary shall do the
following:
(1) Identify and address gaps in current quality measures
related to the areas of active treatment planning and follow-up
cancer care planning by refining the performance measures
described in paragraphs (1) and (2) of subsection (d) relating
to active treatment planning and follow-up cancer planning for
clinician-level reporting.
(2) Use quality assessment programs of oncology
professional societies to report quality data to the extent
feasible and explore the potential to report quality data
through other registries and other electronic means for
treatment planning and follow-up cancer care planning,
including identifying data elements necessary to measure
quality of treatment planning and follow-up cancer care
planning and determine how those elements could be collected
through claims data or registries or other electronic means.
(3) Test and validate identified treatment planning and
follow-up cancer care planning quality measures through a pay-
for-reporting program with oncologists, which program--
(A) ensures that oncologists are able to accurately
report on measures through simple HCPCS coding
mechanisms; and
(B) tests processes of submitting treatment
planning and follow-up cancer care planning measures
through registries or other electronic means.
(c) Incentive Payment.--
(1) In general.--Under the QCCD project, the Secretary
shall provide for a separate payment under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4), to be divided into a
baseline payment amount and an additional payment amount, as
specified by the Secretary, for a treatment planning code and
follow-up cancer care planning code. The amount of such
payments under the project shall be designed to total
$300,000,000 each year. Payments under the project shall be
designed to be paid on an ongoing basis as claims are
submitted.
(2) Requirement to satisfy baseline mandatory measures to
receive baseline payment.--In order for a physician to receive
any payment under the QCCD project for treatment planning or
follow-up cancer care planning, a physician must report in a
manner specified under the project that all of the baseline
mandatory measures described in paragraph (1)(A) or (2)(A),
respectively, of subsection (d) were satisfied.
(3) Requirement to satisfy all measures to receive
additional payment.--In order for a physician to receive the
additional payment amount described in paragraph (1) under this
subsection for treatment planning or follow-up cancer care
planning, a physician must report in a manner specified under
the project that all of measures described in paragraph (1) or
(2), respectively, of subsection (d) were satisfied.
(d) Measures.--
(1) Treatment planning measures.--The specific measures
related to treatment planning and any subsequent modifications
described in this paragraph are as follows:
(A) Baseline mandatory measures.--
(i) Documented pathology report.
(ii) Documented clinical staging prior to
initiation of first course of treatment.
(iii) Performed treatment education by
oncology nursing staff.
(iv) Provided the patient with a written
care plan for patients in active treatment,
which advises patient of relevant options.
(B) Augmented.--
(i) Implemented practice-endorsed treatment
plan consistent with nationally recognized
evidence based guidelines.
(ii) Documented clinical trial discussed
with the patient, or that no clinical trial
available.
(iii) Documented discussion or coordination
with other physicians involved in the patient's
care.
(2) Follow-up cancer planning.--The specific measures
related to follow-up cancer planning described in this
paragraph are as follows:
(A) Baseline mandatory.--
(i) Documented conclusion of primary cancer
care treatment.
(ii) Documented session with the patient to
provide recommendations for the subsequent care
of the patient with respect to the cancer
involved.
(B) Augmented.--Provision of a written document to
the patient that--
(i) describes the elements of the completed
primary treatment, including past symptom
management, furnished to such patient;
(ii) provides recommendations for the
subsequent care of the patient with respect to
the cancer involved;
(iii) is furnished to the individual in
person within a period specified by the
Secretary that is as soon as practicable after
the completion of such primary treatment; and
(iv) is furnished, to the greatest extent
practicable, in a form that appropriately takes
into account cultural and linguistic needs of
the individual in order to make the plan
accessible to the individual.
(e) Duration of Project.--
(1) In general.--The Secretary shall conduct the
demonstration project over a sufficient period (of not less
than 2 years) to allow for refinement of metrics and reporting
methodologies and for analyses. The project shall continue,
subject to paragraph (2), to operate until the Secretary has
developed and implemented under part B of the Medicare program
a payment system that relates payment under such part for
professional oncology services to performance on measures
developed and refined under the demonstration project.
(2) Transition.--The Secretary shall provide for a
transition period over the course of 2 years during which
oncologists are permitted to transition from the payment system
under the demonstration project to the payment system described
in paragraph (1).
(f) Project Evaluation.--
(1) In general.--The Secretary shall conduct an evaluation
of the QCCD project--
(A) to determine oncologist participation in the
project;
(B) to assess the cost effectiveness of the
project, including an analyses of the cost savings (if
any) to the Medicare part A and B programs resulting
from a general reduction in physician services,
hospitalizations, and supplemental care drug costs;
(C) to compare outcomes of patients participating
in the project to outcomes for those not participating
in the project;
(D) to determine the satisfaction of patients
participating in the project; and
(E) to evaluate other such matters as the Secretary
determines is appropriate.
(2) Reporting.--Not later than 90 days after the completion
of the second year following the commencement of the QCCD
project, the Secretary shall submit to Congress a report on the
evaluation conducted under paragraph (1) together which such
recommendations for legislation or administrative action as the
Secretary determines is appropriate.
|
National Quality Cancer Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a quality cancer care demonstration project for the purpose of establishing quality metrics and aligning payment incentives under title XVIII (Medicare) of the Social Security Act in the areas of treating planning and follow-up cancer care for Medicare beneficiaries with cancer.
|
{"src": "billsum_train", "title": "To improve the quality and cost effectiveness of cancer care to Medicare beneficiaries by establishing a national demonstration project."}
| 1,868 | 80 | 0.630038 | 1.601504 | 1.030996 | 4.015152 | 27.545455 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Property Owners Access to Justice
Act of 1997''.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.
Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Whenever a district court exercises jurisdiction under
subsection (a), it shall not abstain from exercising or relinquish its
jurisdiction to a State court in an action where no claim of a
violation of a State law, right, or privilege is alleged.
``(d) Where the district court has jurisdiction over an action
under subsection (a) that cannot be decided without resolution of a
significant but unsettled question of State law, the district court may
certify the question of State law to the highest appellate court of
that State. After the State appellate court resolves the question
certified to it, the district court shall proceed with resolving the
merits. The district court shall not certify a question of State law
under this subsection unless the question of State law--
``(1) will significantly affect the merits of the injured
party's Federal claim; and
``(2) is so unclear and obviously susceptible to a limiting
construction as to render premature a decision on the merits of
the constitutional or legal issue in the case.
``(e)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, that causes actual and concrete injury
to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) the applicable statute, ordinance, regulation,
custom, or usage provides for a right of appeal or waiver from
such decision, and the party seeking redress has applied for,
but has been denied, one such appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if the prospects of success are
reasonably unlikely and intervention by the district court is warranted
to decide the merits.
``(3) For purposes of this subsection, a final decision shall not
require the party seeking redress to exhaust judicial remedies provided
by any State or territory of the United States.''.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, that
causes actual and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) an applicable law of the United States provides for a
right of appeal or waiver from such decision, and the party
seeking redress has applied for, but has been denied, one such
appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B), if the prospects of success
are reasonably unlikely and intervention by the district court or the
United States Court of Federal Claims is warranted to decide the
merits.''.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Any claim brought under this subsection founded upon a
property right or privilege secured by the Constitution, but allegedly
infringed or taken by the United States, shall be ripe for adjudication
upon a final decision rendered by the United States, that causes actual
and concrete injury to the party seeking redress. For purposes of this
paragraph, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) an applicable law of the United States provides for a
right of appeal or waiver from such final decision, and the
party seeking redress has applied for, but has been denied, one
such appeal or waiver.
The party seeking redress shall not be required to apply for an appeal
or waiver described in subparagraph (B) if the prospects of success are
reasonably unlikely and intervention by the United States Court of
Federal Claims is warranted to decide the merits.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to actions commenced on
or after the date of the enactment of this Act.
|
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged.
Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case.
Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress.
Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.
Sets guidelines for what constitutes a "final decision" for purposes of this Act.
|
{"src": "billsum_train", "title": "Property Owners Access to Justice Act of 1997"}
| 1,275 | 417 | 0.788535 | 2.658502 | 0.980721 | 7.378223 | 3.358166 | 0.954155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``QI Program Supplemental Funding Act
of 2008''.
SEC. 2. FUNDING FOR THE QUALIFYING INDIVIDUAL (QI) PROGRAM.
Section 1933(g)(2) of the Social Security Act (42 U.S.C. 1396u-
3(g)(2)), as amended by section 111(b) of the Medicare Improvements for
Patients and Providers Act of 2008 (Public Law 110-275), is amended--
(1) in subparagraph (I), by striking ``$300,000,000'' and
inserting ``$315,000,000''; and
(2) in subparagraph (J), by striking ``$100,000,000'' and
inserting ``$130,000,000''.
SEC. 3. MANDATORY USE OF STATE PUBLIC ASSISTANCE REPORTING INFORMATION
SYSTEM (PARIS) PROJECT.
(a) In General.--Section 1903(r) of the Social Security Act (42
U.S.C. 1396b(r)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``, in addition to meeting the requirements
of paragraph (3),'' after ``a State must''; and
(2) by adding at the end the following new paragraph:
``(3) In order to meet the requirements of this paragraph, a State
must have in operation an eligibility determination system which
provides for data matching through the Public Assistance Reporting
Information System (PARIS) facilitated by the Secretary (or any
successor system), including matching with medical assistance programs
operated by other States.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) take effect on October 1,
2009.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirements
imposed by the amendments made by subsection (a), the State
plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 4. INCENTIVES FOR THE DEVELOPMENT OF, AND ACCESS TO, CERTAIN
ANTIBIOTICS.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the
following:
``(v) Antibiotic Drugs Submitted Before November 21, 1997.--
``(1) Antibiotic drugs approved before november 21, 1997.--
``(A) In general.--Notwithstanding any provision of
the Food and Drug Administration Modernization Act of
1997 or any other provision of law, a sponsor of a drug
that is the subject of an application described in
subparagraph (B)(i) shall be eligible for, with respect
to the drug, the 3-year exclusivity period referred to
under clauses (iii) and (iv) of subsection (c)(3)(E)
and under clauses (iii) and (iv) of subsection
(j)(5)(F), subject to the requirements of such clauses,
as applicable.
``(B) Application; antibiotic drug described.--
``(i) Application.--An application
described in this clause is an application for
marketing submitted under this section after
the date of the enactment of this subsection in
which the drug that is the subject of the
application contains an antibiotic drug
described in clause (ii).
``(ii) Antibiotic drug.--An antibiotic drug
described in this clause is an antibiotic drug
that was the subject of an application approved
by the Secretary under section 507 of this Act
(as in effect before November 21, 1997).
``(2) Antibiotic drugs submitted before november 21, 1997,
but not approved.--
``(A) In general.--Notwithstanding any provision of
the Food and Drug Administration Modernization Act of
1997 or any other provision of law, a sponsor of a drug
that is the subject of an application described in
subparagraph (B)(i) may elect to be eligible for, with
respect to the drug--
``(i)(I) the 3-year exclusivity period
referred to under clauses (iii) and (iv) of
subsection (c)(3)(E) and under clauses (iii)
and (iv) of subsection (j)(5)(F), subject to
the requirements of such clauses, as
applicable; and
``(II) the 5-year exclusivity period
referred to under clause (ii) of subsection
(c)(3)(E) and under clause (ii) of subsection
(j)(5)(F), subject to the requirements of such
clauses, as applicable; or
``(ii) a patent term extension under
section 156 of title 35, United States Code,
subject to the requirements of such section.
``(B) Application; antibiotic drug described.--
``(i) Application.--An application
described in this clause is an application for
marketing submitted under this section after
the date of the enactment of this subsection in
which the drug that is the subject of the
application contains an antibiotic drug
described in clause (ii).
``(ii) Antibiotic drug.--An antibiotic drug
described in this clause is an antibiotic drug
that was the subject of 1 or more applications
received by the Secretary under section 507 of
this Act (as in effect before November 21,
1997), none of which was approved by the
Secretary under such section.
``(3) Limitations.--
``(A) Exclusivities and extensions.--Paragraphs
(1)(A) and (2)(A) shall not be construed to entitle a
drug that is the subject of an approved application
described in subparagraphs (1)(B)(i) or (2)(B)(i), as
applicable, to any market exclusivities or patent
extensions other than those exclusivities or extensions
described in paragraph (1)(A) or (2)(A).
``(B) Conditions of use.--Paragraphs (1)(A) and
(2)(A)(i) shall not apply to any condition of use for
which the drug referred to in subparagraph (1)(B)(i) or
(2)(B)(i), as applicable, was approved before the date
of the enactment of this subsection.
``(4) Application of certain provisions.--Notwithstanding
section 125, or any other provision, of the Food and Drug
Administration Modernization Act of 1997, or any other
provision of law, and subject to the limitations in paragraphs
(1), (2), and (3), the provisions of the Drug Price Competition
and Patent Term Restoration Act of 1984 shall apply to any drug
subject to paragraph (1) or any drug with respect to which an
election is made under paragraph (2)(A).''.
(b) Transitional Rules.--
(1) With respect to a patent issued on or before the date
of the enactment of this Act, any patent information required
to be filed with the Secretary of Health and Human Services
under subsection (b)(1) or (c)(2) of section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) to be listed on a
drug to which subsection (v)(1) of such section 505 (as added
by this section) applies shall be filed with the Secretary not
later than 60 days after the date of the enactment of this Act.
(2) With respect to any patent information referred to in
paragraph (1) of this subsection that is filed with the
Secretary within the 60-day period after the date of the
enactment of this Act, the Secretary shall publish such
information in the electronic version of the list referred to
at section 505(j)(7) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(7)) as soon as it is received, but in no
event later than the date that is 90 days after the enactment
of this Act.
(3) With respect to any patent information referred to in
paragraph (1) that is filed with the Secretary within the 60-
day period after the date of enactment of this Act, each
applicant that, not later than 120 days after the date of the
enactment of this Act, amends an application that is, on or
before the date of the enactment of this Act, a substantially
complete application (as defined in paragraph (5)(B)(iv) of
section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j))) to contain a certification described in
paragraph (2)(A)(vii)(IV) of such section 505(j) with respect
to that patent shall be deemed to be a first applicant (as
defined in paragraph (5)(B)(iv) of such section 505(j)).
SEC. 5. CLARIFICATION OF AUTHORITY FOR USE OF MEDICAID INTEGRITY
PROGRAM FUNDS.
(a) Clarification of Authority for Use of Funds.--
(1) In general.--Section 1936 of the Social Security Act
(42 U.S.C. 1396u-6) is amended--
(A) in subsection (b)(4), by striking ``Education
of'' and inserting ``Education or training, including
at such national, State, or regional conferences as the
Secretary may establish, of State or local officers,
employees, or independent contractors responsible for
the administration or the supervision of the
administration of the State plan under this title,'';
and
(B) in subsection (e), by striking paragraph (2)
and inserting the following:
``(2) Availability; authority for use of funds.--
``(A) Availability.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
``(B) Authority for use of funds for transportation
and travel expenses for attendees at education,
training, or consultative activities.--
``(i) In general.--The Secretary may use
amounts appropriated pursuant to paragraph (1)
to pay for transportation and the travel
expenses, including per diem in lieu of
subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from
their homes or regular places of business, of
individuals described in subsection (b)(4) who
attend education, training, or consultative
activities conducted under the authority of
that subsection.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
1936 of the Social Security Act, as added by section 6034(a) of
the Deficit Reduction Act of 2005 (Public Law 109-171).
(b) Public Disclosure.--
(1) In general.--Section 1936(e)(2)(B) of such Act (42
U.S.C. 1396u-6(e)(2)(B)), as added by subsection (a) of this
section, is amended by adding at the end the following:
``(ii) Public disclosure.--The Secretary
shall make available on a website of the
Centers for Medicare & Medicaid Services that
is accessible to the public--
``(I) the total amount of funds
expended for each conference conducted
under the authority of subsection
(b)(4); and
``(II) the amount of funds expended
for each such conference that were for
transportation and for travel
expenses.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to conferences conducted under the authority of
section 1936(b)(4) of the Social Security Act (42 U.S.C. 1396u-
6(b)(4)) after the date of enactment of this Act.
SEC. 6. FUNDING FOR THE MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act, as added by section
7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) and amended by section 188(a)(2) of the Medicare Improvements for
Patients and Providers Act of 2008 (Public Law 110-275), is amended to
read as follows:
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for services furnished during--
``(A) fiscal year 2014, $2,290,000,000; and
``(B) fiscal years 2014 through 2017,
$19,900,000,000.''.
|
QI Program Supplemental Funding Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to provide supplemental funding for the qualifying individual (QI) program.
Requires a state to have in operation, in mechanized Medicaid claims processing and information retrieval systems, an eligibility determination system which provides for data matching through the Public Assistance Reporting Information System (PARIS) facilitated by the Secretary of Health and Human Services, including matching with medical assistance programs operated by other states.
Amends the Federal Food, Drug, and Cosmetic Act to make sponsors of certain antibiotic drugs eligible for a three-year or a five-year market exclusivity if a marketing application is submitted for an antibiotic drug that: (1) was approved by the Secretary of Health and Human Services before November 21, 1997; or (2) was the subject of one or more applications received by the Secretary before November 21, 1997, none of which was approved.
Authorizes the use of Medicaid integrity program funds for transportation and travel expenses for attendees at education, training, or consultative activities.
Increases FY2014 funding for the Medicare Improvement Fund, and extends the Fund through FY2017 at a higher level.
|
{"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to provide additional funds for the qualifying individual (QI) program, and for other purposes."}
| 2,906 | 273 | 0.51638 | 1.586443 | 0.775642 | 4.285124 | 10.520661 | 0.929752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Cross-Border Energy
Infrastructure Act''.
SEC. 2. APPROVAL FOR BORDER-CROSSING FACILITIES.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (e), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this Act;
(B) if a permit described in subsection (d) for the
construction, connection, operation, or maintenance has
been issued; or
(C) if an application for a permit described in
subsection (d) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this Act, until the earlier of--
(i) the date on which such application is
denied; or
(ii) two years after the date of enactment
of this Act, if such a permit has not been
issued by such date.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (e) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (e) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or
operation of any facility to import or export natural
gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (e) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(D) Scope of nepa review.--Nothing in this Act, or
the amendments made by this Act, shall affect the scope
of any review required to be conducted under section
102 of the National Environmental Policy Act of 1969
with respect to a project for which a certificate of
crossing for a border-crossing facility is requested
under this subsection.
(b) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``In the case of an
application for the importation of natural gas from, or the exportation
of natural gas to, Canada or Mexico, the Commission shall grant the
application not later than 30 days after the date on which the
Commission receives the complete application.''.
(c) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(d) No Presidential Permit Required.--No Presidential permit (or
similar permit) required under Executive Order No. 13337 (3 U.S.C. 301
note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of
title 3, United States Code, Executive Order No. 12038, Executive Order
No. 10485, or any other Executive order shall be necessary for the
construction, connection, operation, or maintenance of an oil or
natural gas pipeline or electric transmission facility, or any border-
crossing facility thereof.
(e) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or permit described in subsection (d), shall be
required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a permit described in subsection (d) has
been issued; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (e), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
notice of a proposed rulemaking to carry out the
applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this Act, publish in the Federal Register
a final rule to carry out the applicable requirements
of subsection (a).
(g) Definitions.--In this section--
(1) the term ``border-crossing facility'' means the portion
of an oil or natural gas pipeline or electric transmission
facility that is located at an international boundary of the
United States;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, change in flow volume, addition
or removal of an interconnection, or an adjustment to maintain
flow (such as a reduction or increase in the number of pump or
compressor stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
Passed the House of Representatives July 19, 2017.
Attest:
KAREN L. HAAS,
Clerk.
|
Promoting Cross-Border Energy Infrastructure Act (Sec.2)This bill prohibits any person from constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across an international border of the United States without obtaining a certificate of crossing. The Federal Energy Regulatory Commission (FERC), with respect to oil or natural gas pipelines, or the Department of Energy (DOE), with respect to electric transmission facilities, must issue a certificate of crossing for the border-crossing facility within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in the public interest. DOE, as a condition of issuing a certificate, must require that the border-crossing facility be constructed, connected, operated, or maintained consistent with specified policies and standards of: (1)the Electric Reliability Organization and applicable regional entity, and (2)the Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. The bill amends the Natural Gas Act to require FERC to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. No presidential permit as required under specified executive orders shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any border-crossing facility. No certificate of crossing shall be required for a modification to an existing facility that is operating for the import or export of oil, natural gas, or electricity prior to the enactment of this bill. FERC and DOE must publish a final rule in the Federal Register within one year to carry out the requirements of this bill.
|
{"src": "billsum_train", "title": "Promoting Cross-Border Energy Infrastructure Act"}
| 2,090 | 371 | 0.773695 | 2.485854 | 0.882657 | 4.296073 | 5.716012 | 0.906344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Access to Emergency
Epinephrine Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to research funded by the Food Allergy
Initiative and conducted by Northwestern University and
Children's Memorial Hospital, nearly 6,000,000 children in the
United States have food allergies.
(2) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(3) More than 15 percent of school-aged children with food
allergies have had an allergic reaction in school.
(4) Teenagers and young adults with food allergies are at
the highest risk of fatal food-induced anaphylaxis.
(5) Individuals with food allergies who also have asthma
may be at increased risk for severe or fatal food allergy
reactions.
(6) Studies have shown that 25 percent of epinephrine
administrations in schools involve individuals with a
previously unknown allergy.
(7) The National Institute of Allergy and Infectious
Diseases (``NIAID'') has reported that delays in the
administration of epinephrine to patients in anaphylaxis can
result in rapid decline and death. NIAID recommends that
epinephrine be given promptly to treat anaphylaxis.
(8) Physicians can provide standing orders to furnish a
school with epinephrine for injection, and several States have
passed laws to authorize this practice.
(9) The American Academy of Allergy, Asthma, and Immunology
recommends that epinephrine injectors should be included in all
emergency medical treatment kits in schools.
(10) The American Academy of Pediatrics recommends that an
anaphylaxis kit should be kept with medications in each school
and made available to trained staff for administration in an
emergency.
(11) According to the Food Allergy and Anaphylaxis Network,
there are no contraindications to the use of epinephrine for a
life-threatening reaction.
SEC. 3. PREFERENCE FOR STATES REGARDING ADMINISTRATION OF EPINEPHRINE
BY SCHOOL PERSONNEL.
Section 399L of the Public Health Service Act (42 U.S.C. 280g(d))
is amended--
(1) in subsection (a), by redesignating the second
paragraph (2) and paragraph (3) as paragraphs (3) and (4),
respectively; and
(2) by striking subsection (d) and inserting the following:
``(d) Preference for States Regarding Medication To Treat Asthma
and Anaphylaxis.--
``(1) Preference.--The Secretary, in making any grant under
this section or any other grant that is asthma-related (as
determined by the Secretary) to a State, shall give preference
to any State that satisfies each of the following requirements:
``(A) Self-administration of medication.--
``(i) In general.--The State shall require
that each public elementary school and
secondary school in that State will grant to
any student in the school an authorization for
the self-administration of medication to treat
that student's asthma or anaphylaxis, if--
``(I) a health care practitioner
prescribed the medication for use by
the student during school hours and
instructed the student in the correct
and responsible use of the medication;
``(II) the student has demonstrated
to the health care practitioner (or
such practitioner's designee) and the
school nurse (if available) the skill
level necessary to use the medication
and any device that is necessary to
administer such medication as
prescribed;
``(III) the health care
practitioner formulates a written
treatment plan for managing asthma or
anaphylaxis episodes of the student and
for medication use by the student
during school hours; and
``(IV) the student's parent or
guardian has completed and submitted to
the school any written documentation
required by the school, including the
treatment plan formulated under
subclause (III) and other documents
related to liability.
``(ii) Scope.--An authorization granted
under clause (i) shall allow the student
involved to possess and use the student's
medication--
``(I) while in school;
``(II) while at a school-sponsored
activity, such as a sporting event; and
``(III) in transit to or from
school or school-sponsored activities.
``(iii) Duration of authorization.--An
authorization granted under clause (i)--
``(I) shall be effective only for
the same school and school year for
which it is granted; and
``(II) must be renewed by the
parent or guardian each subsequent
school year in accordance with this
subsection.
``(iv) Backup medication.--The State shall
require that backup medication, if provided by
a student's parent or guardian, be kept at a
student's school in a location to which the
student has prompt access in the event of an
asthma or anaphylaxis emergency.
``(v) Maintenance of information.--The
State shall require that information described
in clauses (i)(III) and (i)(IV) be kept on file
at the student's school in a location easily
accessible in the event of an asthma or
anaphylaxis emergency.
``(vi) Rule of construction.--Nothing in
this subparagraph creates a cause of action or
in any other way increases or diminishes the
liability of any person under any other law.
``(B) School personnel administration of
epinephrine.--
``(i) In general.--The State shall require
that each public elementary school and
secondary school in the State--
``(I) permit authorized personnel
to administer epinephrine to any
student believed in good faith to be
having an anaphylactic reaction; and
``(II) maintain in a secure and
easily accessible location a supply of
epinephrine that--
``(aa) is prescribed under
a standing protocol from a
licensed physician; and
``(bb) is accessible to
authorized personnel for
administration to a student
having an anaphylactic
reaction.
``(ii) Liability and state law.--
``(I) Good samaritan law.--The
State shall have a State law ensuring
that elementary school and secondary
school employees and agents, including
a physician providing a prescription
for school epinephrine, will incur no
liability related to the administration
of epinephrine to any student believed
in good faith to be having an
anaphylactic reaction, except in the
case of willful or wanton conduct.
``(II) State law.--Nothing in this
subparagraph shall be construed to
preempt State law, including any State
law regarding whether students with
allergy or asthma may possess and self-
administer medication.
``(2) Definitions.--For purposes of this subsection:
``(A) The terms `elementary school' and `secondary
school' have the meaning given to those terms in
section 9101 of the Elementary and Secondary Education
Act of 1965.
``(B) The term `health care practitioner' means a
person authorized under law to prescribe drugs subject
to section 503(b) of the Federal Food, Drug, and
Cosmetic Act.
``(C) The term `medication' means a drug as that
term is defined in section 201 of the Federal Food,
Drug, and Cosmetic Act and includes inhaled
bronchodilators and epinephrine.
``(D) The term `self-administration' means a
student's discretionary use of his or her prescribed
asthma or anaphylaxis medication, pursuant to a
prescription or written direction from a health care
practitioner.
``(E) The term `authorized personnel' means the
school nurse or, if the school nurse is absent, an
individual who has been designated by the school nurse
and has received training in the administration of
epinephrine.''.
|
School Access to Emergency Epinephrine Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), in awarding grants to states under the children's asthma treatment grants program, to favor states that require their public elementary and secondary schools to: (1) permit authorized personnel to administer epinephrine to any student believed to be having an anaphylactic reaction, and (2) maintain a supply of epinephrine that is prescribed by a licensed physician and is stored in a secure and easily accessible location. (States given this preference are also required by current law to require those schools to authorize students, under certain conditions, to self-administer medication to treat their asthma or anaphylaxis.)
Requires such states to also have a Good Samaritan law protecting school employees and agents from liability related to the administration of epinephrine to students believed, in good faith, to be having an anaphylactic reaction.
|
{"src": "billsum_train", "title": "To provide States with incentives to require elementary schools and secondary schools to maintain, and permit school personnel to administer, epinephrine at schools."}
| 1,820 | 223 | 0.555699 | 1.638351 | 0.744568 | 2.08 | 9.074286 | 0.902857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Employee Retirement
Savings Act of 2016''.
SEC. 2. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER PENSION PLAN
STARTUP COSTS.
(a) In General.--Paragraph (1) of section 45E(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) for the first credit year and each of the 2 taxable
years immediately following the first credit year, the greater
of--
``(A) $500, or
``(B) the lesser of--
``(i) $250 for each employee of the
eligible employer who is not a highly
compensated employee (as defined in section
415(q)) and who is eligible to participate in
the eligible employer plan maintained by the
eligible employer, or
``(ii) $5,000, and''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 3. CREDIT FOR SMALL EMPLOYERS ADOPTING AUTO-ENROLLMENT OPTIONS.
(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 new section:
``SEC. 45S. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS OPTIONS
PROVIDED BY SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case of a
small employer, the retirement auto-enrollment credit determined under
this section is an amount equal to $500 for any taxable year in the
credit period.
``(b) Credit Period.--For purposes of subsection (a)--
``(1) In general.--The credit period with respect to any
small employer is the 3-taxable-year period beginning with the
first taxable year for which the employer includes an eligible
automatic contribution arrangement (as defined in section
414(w)(3)) in a qualified retirement plan (as defined in
section 4974(c)) sponsored by the employer, but only if the
plan maintains such arrangement throughout such period.
``(2) Credit permissible in start-up year.--The first
taxable year in the credit period may be the same taxable year
as the first credit year (as defined in section 45E(d)(3)).
``(3) Employer must remain small employer.--Notwithstanding
paragraph (1), the credit period with respect to any small
employer shall end with the earlier of--
``(A) the last taxable year in such period
determined without regard to this paragraph, or
``(B) the last taxable year in which such employer
is a small employer.
``(c) Small Employer.--For purposes of this section, the term
`small employer' means any employer for any taxable year if the number
of employees employed by such employer during such taxable year does
not exceed 100. All employers treated as a single employer under
section (a) or (b) of section 52 shall be treated as a single employer
for purposes of this section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 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 adding at
the end the following new paragraph:
``(37) in the case of a small employer (as defined in
section 45S(c)), the retirement auto-enrollment credit
determined under section 45S(a).''.
(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, as amended by section 2, is amended by inserting after the item
relating to section 45R the following new item:
``Sec. 45S. Auto-enrollment option for retirement savings options
provided by small employers.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. REMOVAL OF 10 PERCENT CAP AFTER FIRST PLAN YEAR FROM AUTOMATIC
ENROLLMENT SAFE HARBOR.
(a) In General.--Clause (iii) of section 401(k)(13)(C) of the
Internal Revenue Code of 1986 is amended by striking ``, does not
exceed 10 percent, and is at least'' and inserting ``and is''.
(b) Conforming Amendments.--
(1) Subclause (I) of section 401(k)(13)(C)(iii) of the
Internal Revenue Code of 1986 is amended by striking ``3
percent'' and inserting ``at least 3 percent, but not greater
than 10 percent,''.
(2) Subclause (II) of section 401(k)(13)(C)(iii) of such
Code is amended by striking ``4 percent'' and inserting ``at
least 4 percent''.
(3) Subclause (III) of section 401(k)(13)(C)(iii) of such
Code is amended by striking ``5 percent'' and inserting ``at
least 5 percent''.
(4) Subclause (IV) of section 401(k)(13)(C)(iii) of such
Code is amended by striking ``6 percent'' and inserting ``at
least 6 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of enactment of this Act.
|
Small Business Employee Retirement Savings Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of retirement plans for small employers with no more than 100 employees. The bill: (1) increases from $500 to $5,000 the limit on the amount of the tax credit for small employer pension plan startup costs, and (2) allows a three-year $500 business-related tax credit for small employers that include and maintain an automatic contribution arrangement in an employer-sponsored retirement plan. The bill also removes the 10% cap on the amount of an employee's wages that an employer may contribute to a retirement plan under an automatic contribution arrangement.
|
{"src": "billsum_train", "title": "Small Business Employee Retirement Savings Act of 2016"}
| 1,334 | 128 | 0.535126 | 1.268878 | 0.671469 | 1.587786 | 8.465649 | 0.763359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology, Equality and
Accessibility in College and Higher Education Act'' or the ``TEACH
Act''.
SEC. 2. GUIDELINES FOR ACCESSIBLE ELECTRONIC INSTRUCTIONAL MATERIALS
AND RELATED INFORMATION TECHNOLOGIES IN INSTITUTIONS OF
HIGHER EDUCATION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board established pursuant to section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792) (in this Act referred to as
the ``Access Board'') shall develop guidelines for the accessibility of
electronic instructional materials and related information technologies
in institutions of higher education. Such guidelines shall--
(1) include performance criteria to ensure that such
materials and technologies are accessible to covered blind
individuals and covered individuals with a disability; and
(2) be consistent with the standards for technical and
functional performance criteria issued pursuant to section
508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 (29 U.S.C.
794d(a)(2)(A)(ii)).
(b) Harmonization With National and International Standards.--The
Access Board shall, to the extent practicable, ensure that the
guidelines issued under subsection (a) are consistent with national and
international accessibility standards for electronic instructional
materials and related information technologies.
(c) Review and Amendment.--Not later than 3 years after the
effective date of the guidelines described in subsection (a), and every
3 years thereafter, the Access Board shall review and, as appropriate,
amend such guidelines to reflect technological advances or changes in
electronic instructional materials and related information
technologies.
SEC. 3. SAFE HARBOR PROTECTIONS.
Institutions of higher education that use electronic instructional
materials and related information technologies that comply with the
accessibility guidelines described in section 2 shall be deemed to be
in compliance with the non-discrimination provisions section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and titles II and III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 42
U.S.C. 12181 et seq.) with respect to the use of such materials or
technologies.
SEC. 4. NONCOMPLIANT ELECTRONIC INSTRUCTIONAL MATERIALS AND RELATED
INFORMATION TECHNOLOGIES.
Nothing in this Act shall be construed to require an institution of
higher education to use electronic instructional materials or related
information technologies that conform to the accessibility guidelines
described in section 2 if the institution of higher education provides
such materials or technologies, or an accommodation or modification,
that would allow covered blind individuals and covered individuals with
a disability to receive the educational benefits of such materials or
technologies--
(1) in an equally effective and equally integrated manner
as non-disabled or non-blind students; and
(2) with substantially equivalent ease of use of such
materials or technologies.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out section 2 of this Act.
SEC. 6. DEFINITIONS.
In this Act the following definitions apply:
(1) Blind individual.--The term ``blind individual'' means
an individual whose central visual acuity does not exceed 20/
200 in the better eye with correcting lenses or whose visual
acuity, if better than 20/200, is accompanied by a limit to the
field of vision in the better eye to such a degree that its
widest diameter subtends an angle of no greater than 20
degrees.
(2) Covered blind individual and covered individual with a
disability.--The terms ``covered blind individual'' and
``covered individual with a disability'' mean a blind
individual or an individual with a disability whose blindness
or disability limits the ability of such individual to access
electronic instructional materials and related information
technologies.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Electronic instructional material.--The term
``electronic instructional material'' means digital curricular
content including course-assigned books, journals, articles,
and web pages, used by students, faculty, or administrative
personnel of an institution of higher education to facilitate
the teaching and learning process, including technologies used
in distance education as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
(6) Related information technology.--The term ``related
information technology''--
(A) means any electronic platform or delivery
system used by students, faculty, or administrative
personnel of an institution of higher education to
access electronic instructional materials; and
(B) includes any hardware, firmware, software, and
applications required for the manipulation, annotation,
and dissemination of such electronic instructional
materials.
|
Technology, Equality and Accessibility in College and Higher Education Act or the TEACH Act - Directs the Access Board to develop accessibility guidelines for electronic instructional materials and related information technologies in institutions of higher education (IHEs). Requires those guidelines to: (1) include performance criteria to ensure that electronic instructional materials and related information technologies are accessible to the blind and disabled; (2) be consistent with the standards for technical and functional performance criteria issued pursuant to the Rehabilitation Act of 1973; and (3) be, to the extent practicable, consistent with national and international accessibility standards for those materials and technologies. Directs the Access Board to review and, as appropriate, amend the guidelines every three years to reflect technological advances or changes in electronic instructional materials and related information technologies. Deems IHEs that use electronic instructional materials and related information technologies that comply with the guidelines to be in compliance with nondiscrimination provisions under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
|
{"src": "billsum_train", "title": "TEACH Act"}
| 1,170 | 205 | 0.693358 | 1.919643 | 0.902442 | 4.764706 | 5.374332 | 0.946524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Privatization of Art Act of 1991''.
SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS.
Sections 5 and 6 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 954, 955) are repealed.
SEC. 3. CONFORMING AMENDMENTS.
(a) Declaration of Purpose.--Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965 (42 U.S.C. 951) is amended--
(1) in paragraphs (1) and (4) by striking ``and the arts'',
(2) in paragraphs (3) and (8) by striking ``the arts and'',
(3) in paragraph (5) by striking ``the practice of art
and'', and
(4) in paragraph (9) by striking ``the Arts and''.
(b) Definitions.--Section 3 of the National Foundation on the Arts
and the Humanities Act of 1965 (42 U.S.C. 952) is amended--
(1) by striking subsections (c) and (f), and
(2) in subsection (d)--
(A) by striking ``to foster American artistic
creativity, to commission works of art,'',
(B) in paragraph (1)--
(i) by striking ``the National Council on
the Arts or'', and
(ii) by striking ``, as the case may be,'',
(C) in paragraph (2)--
(i) by striking ``sections 5(l) and'' and
inserting ``section'',
(ii) in subparagraph (A) by striking
``artistic or'', and
(iii) in subparagraph (B)--
(I) by striking ``the National
Council on the Arts and'', and
(II) by striking ``, as the case
may be,'', and
(D) by striking ``(d)'' and inserting ``(c)'', and
(3) by redesignating subsections (e) and (g) as subsections
(d) and (e), respectively.
(c) Establishment of National Foundation on the Arts and
Humanities.--Section 4(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (42 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) by striking ``the Arts and'' each place it
appears, and
(B) by striking ``a National Endowment for the
Arts,'',
(2) in subsection (b) by striking ``and the arts'', and
(3) in the heading of such section by striking ``the arts
and''.
(d) Federal Council on the Arts and the Humanities.--Section 9 of
the National Foundation on the Arts and the Humanities Act of 1965 (42
U.S.C. 958) is amended--
(1) in subsection (a) by striking ``the Arts and'',
(2) in subsection (b) by striking ``the Chairperson of the
National Endowment for the Arts,'',
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the Chairperson
of the National Endowment for the Arts and'',
(B) in paragraph (3)--
(i) by striking ``the National Endowment
for the Arts'', and
(ii) by striking ``Humanities,'' and
inserting ``Humanities'', and
(C) in paragraph (6) by striking ``the arts and''.
(e) Administrative Functions.--Section 10 of the National
Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 959)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``in them'',
(ii) by striking ``the Chairperson of the
National Endowment for the Arts and'', and
(iii) by striking ``, in carrying out their
respective functions,'',
(B) by striking ``of an Endowment'' each place it
appears,
(C) in paragraph (2)--
(i) by striking ``of that Endowment'' the
first place it appears and inserting ``the
National Endowment for the Humanities'',
(ii) by striking ``sections 6(f) and'' and
inserting ``section'', and
(iii) by striking ``sections 5(c) and'' and
inserting ``section'',
(D) in paragraph (3) by striking ``Chairperson's
functions, define their duties, and supervise their
activities'' and inserting ``functions, define the
activities, and supervise the activities of the
Chairperson'',
(E) by striking the second, third, and fourth
sentences,
(F) in the fifth sentence by striking ``one of its
Endowments and received by the Chairperson of an
Endowment'' and inserting ``the National Endowment for
the Humanities and received by the Chairperson of that
Endowment'',
(G) in the sixth and eighth sentences by striking
``each Chairperson'' each place it appears and
inserting ``the Chairperson'',
(H) in the seventh sentence by striking ``Each
chairperson'' and inserting ``The Chairperson'', and
(I) by striking the ninth, tenth, and eleventh
sentences,
(2) in subsection (b)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the'', and
(B) by striking ``each'' the first place it
appears,
(3) in subsection (c)--
(A) by striking ``National Council on the Arts and
the'', and
(B) by striking ``, respectively,'',
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Chairperson of the
National Endowment for the Arts and the'', and
(ii) by striking ``sections 5(c) and'' and
inserting ``section'',
(B) in paragraph (2)(A)--
(i) by striking ``either of the
Endowments'' and inserting ``National Endowment
for the Humanities'', and
(ii) by striking ``involved'', and
(C) in paragraph (3)--
(i) by striking ``that provided such
financial assistance'' each place it appears,
and
(ii) in subparagraph (C) by striking ``the
National Endowment for the Arts or'',
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``the Chairperson of the
National Endowment for the Arts and'',
(ii) by striking ``jointly'',
(iii) in subparagraph (A) by striking
``arts education and'', and
(iv) in subparagraph (B) by striking ``arts
and'',
(B) in paragraph (2) by striking ``Endowments'' and
inserting ``Endowment'', and
(C) in paragraph (3)--
(i) by striking ``Endowments'' and
inserting ``Endowment'',
(ii) in subparagraph (B) by striking
``Endowments' '' each place it appears and
inserting ``Endowment's'',
(iii) in subparagraphs (B) and (C) by
striking ``arts and'' each place it appears,
(iv) in subparagraph (D)--
(I) by striking ``National
Endowment for the Arts and the'', and
(II) by striking ``arts
education'', and
(v) in subparagraph (E) by striking
``National Endowment for the Arts and the'',
and
(6) in subsection (f) by striking ``each Endowment'' and
inserting ``the National Endowment for the Humanities''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 11 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 960) is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraphs (A) and (C), and
(B) in subparagraph (B) by striking ``(B)'',
(2) in subsection (a)(2)--
(A) by striking subparagraph (A), and
(B) in subparagraph (B)--
(i) by striking ``(B)'', and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively,
(3) in subsection (a)(3)--
(A) by striking subparagraph (A),
(B) by redesignating subparagraph (B) as
subparagraph (A),
(C) by striking subparagraph (C), and
(D) in subparagraph (D)--
(i) by striking ``(D)'' and inserting
``(B)'', and
(ii) by striking ``and subparagraph (B)'',
(4) in subsection (a)(4)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the'',
(B) by striking ``, as the case may be,'', and
(C) by striking ``section 5(e), section 5(l)(2),
section 7(f),'' and inserting ``section 7(f)'',
(5) in subsection (c)--
(A) by striking paragraph (1), and
(B) in paragraph (2) by striking ``(2)'', and
(6) in subsection (d)--
(A) by striking paragraph (1), and
(B) in paragraph (2) by striking ``(2)''.
SEC. 5. SHORT TITLE.
Section 1 of the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 951 note) is amended by striking ``the Arts
and''.
SEC. 6. TRANSITION PROVISIONS.
(a) Transfer of Property.--On the effective date of the amendments
made by this Act, all property donated, bequeathed, or devised to the
National Endowment for the Arts and held by such Endowment on such date
is hereby transferred to the National Endowment for the Humanities.
(b) Termination of Operations.--The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of the National Endowment for the Arts and the National Council on the
Arts. Except as provided in subsection (a), the Director shall provide
for the transfer or other disposition of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with implementing the authorities terminated by the
amendments made by this Act.
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this Act.
(b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act.
|
Privatization of Art Act of 1991 (sic) - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA).
Provides for transfer of all NEA property to the National Endowment for the Humanities. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of NEA and NCA.
|
{"src": "billsum_train", "title": "Privatization of Art Act of 1991"}
| 2,666 | 105 | 0.500725 | 1.271615 | 0.490499 | 4.788235 | 27.882353 | 0.858824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Criminal Contempt of
Congress Procedures Act of 2009''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds a
current or former officer or employee of the Executive branch has
violated section 102 of the Revised Statutes of the United States (2
U.S.C. 192), the procedures of this Act apply.
(b) Certification by Speaker.--Upon the finding by the House of
Representatives of a violation to which this Act applies, the Speaker
shall certify that finding to the appropriate United States attorney,
whose duty it shall be to bring the matter before the grand jury for
its action.
(c) Circumstances Leading to Appointment of Special Counsel.--If--
(1) the Attorney General or the United States attorney to
whom the finding was certified informs the court or the House
that the Department of Justice will not prosecute the case; or
(2) by the end of the 30th day after the date of receipt of
a certification made under subsection (b) a grand jury has not
returned an indictment based on the violation alleged in the
certification;
the Chief Judge of the United States district court for the district to
whose United States Attorney the certification was made (hereinafter in
this Act referred to as the ``Chief Judge'') shall appoint a special
counsel under section 3. It shall be the duty of the Attorney General
to inform that court and the House if a grand jury does not return an
indictment by the end of the 30-day period. The Speaker of the House,
or any interested congressional party, may file with the Chief Judge a
suggestion that circumstances giving rise to a duty to appoint a
special counsel have occurred after the 30-day period ends without the
return of an indictment.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL COUNSEL, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL COUNSEL.
(a) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Counsel.--
(1) Appointment and qualifications.--The Chief Judge shall
appoint the special counsel, who must be an attorney in good
standing with substantial prosecutorial experience who has not
served in any capacity in the administration of the President
who is or was in office when the Speaker of the House certified
the finding of a violation.
(2) Prosecutorial jurisdiction.--The Chief Judge shall
define the special counsel's prosecutorial jurisdiction as
comprising the investigation and prosecution of the alleged
violation, any conspiracy to commit the alleged violation, and
any perjury, false statement, or obstruction of justice
occurring in relation to such investigation and prosecution.
(b) Authority of Special Counsel With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special counsel's prosecutorial jurisdiction, a special counsel
appointed under this Act shall have full power and independent
authority to exercise all prosecutorial functions and powers, and any
other functions and powers normally ancillary thereto, of the
Department of Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney General
shall exercise direction or control as to those matters that
specifically require the Attorney General's personal action under
section 2516 of title 18, United States Code.
(c) Compliance With Policies of the Department of Justice.--
(1) In general.--A special counsel shall, except to the
extent that to do so would be inconsistent with the purposes of
this Act, comply with the written or other established policies
of the Department of Justice respecting enforcement of the
criminal laws.
(2) National security.--A special counsel shall comply with
guidelines and procedures used by the Department in the
handling and use of classified material.
(d) Salary.--The special counsel shall receive a salary equivalent
to the salary of the United States Attorney for the District of
Columbia.
(e) Staff.--The special counsel may appoint and fix the salaries of
such staff, not to exceed 12 in number, as the special counsel deems
necessary to carry out the functions of the special counsel under this
Act. However, no salary of a member of such staff may exceed the salary
of the special counsel.
(f) Expenses.--The Department of Justice shall pay all costs
relating to the establishment and operation of any office of special
counsel. The Attorney General shall submit to the Congress, not later
than 30 days after the end of each fiscal year, a report on amounts
paid during that fiscal year for expenses of investigations and
prosecutions the special counsel.
(g) Report to Congress.--Each special counsel shall report to
Congress annually on the special counsel's activities under this Act.
The report shall include a description of the progress of any
investigation or prosecution conducted by the special counsel and
provide information justifying the costs of the activities reported on.
SEC. 4. REMOVAL OF SPECIAL COUNSEL.
(a) In General.--A special counsel may be removed from office,
other than by impeachment and conviction, only by the personal action
of the Attorney General, and only for good cause, physical or mental
disability, or any other condition that substantially impairs the
performance of that special counsel's duties.
(b) Report Upon Removal.--If a special counsel is removed from
office, the Attorney General shall promptly submit to the Chief Judge
and to Congress a report specifying the facts found and the ultimate
grounds for the removal.
(c) Judicial Review of Removal.--A special counsel removed from
office may obtain judicial review of the removal in a civil action. The
Chief Judge may not hear or determine any such civil action or any
appeal of a decision in any such civil action. The special counsel may
be reinstated or granted other appropriate relief by order of the
court.
(d) Appointment of Replacement.--Upon removal of a special counsel,
the Chief Judge shall appoint a similarly qualified individual to
continue the functions of the special counsel.
SEC. 5. TERMINATION OF SPECIAL COUNSEL'S AUTHORITY.
(a) In General.--The authority of the special counsel shall cease
two years after the date of the special counsel's appointment, but the
Chief Judge may extend that authority for an additional period not to
exceed one year, if the Chief Judge finds good cause to do so. Good
cause to do so includes that the investigation or prosecution
undertaken by the special counsel has been delayed by dilatory tactics
by persons who could provide evidence that would significantly assist
the investigation or prosecution, and also includes the need to allow
the special counsel to participate in any appellate proceedings related
to prosecutions engaged in by the special counsel.
(b) Termination by Court.--The Chief Judge, either on the judge's
own motion or upon the request of the Attorney General, may terminate
an office of special counsel at any time, on the ground that the
investigation of all matters within the prosecutorial jurisdiction of
such special counsel, and any resulting prosecutions, have been
completed or so substantially completed that it would be appropriate
for the Department of Justice to complete such investigations and
prosecutions.
SEC. 6. INCREASE IN PENALTY FOR CONTEMPT OF CONGRESS.
Section 102 of the Revised Statutes of the United States (2 U.S.C.
194) is amended by striking ``deemed'' and all that follows through
``twelve months'' and inserting ``fined not more than $1,000,000 or
imprisoned not more than 2 years, or both''.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on January 20, 2009.
|
Special Criminal Contempt of Congress Procedures Act of 2009 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.
Requires the Speaker of the House of Representatives to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Requires the Chief Judge of a U.S. district court to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney to whom a finding of contempt was certified declines to prosecute or a grand jury does not return an indictment within a specified time period. Requires such special counsel to be an attorney in good standing with substantial prosecutorial experience who did not serve in the administration of a President in office when a finding of contempt was certified. Grants full power and independent authority to the special counsel to exercise all prosecutorial functions and powers.
Sets forth provisions for the removal of the special counsel and the termination of the special counsel's authority.
Increases the penalty for refusal of witnesses to testify or produce papers in response to a congressional subpoena.
Makes this Act effective on January 20, 2009.
|
{"src": "billsum_train", "title": "To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes."}
| 1,709 | 298 | 0.638746 | 1.883794 | 0.804207 | 2.550847 | 6.461864 | 0.855932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Moratorium and Equity
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The moratorium of the Internet Tax Freedom Act on new
taxes on Internet access and on multiple and discriminatory
taxes on electronic commerce should be extended.
(2) States should be encouraged to simplify their sales and
use tax systems.
(3) As a matter of economic policy and basic fairness,
similar sales transactions should be treated equally, without
regard to the manner in which sales are transacted, whether in
person, through the mails, over the telephone, on the Internet,
or by other means.
(4) Congress may facilitate such equal taxation consistent
with the United States Supreme Court's decision in Quill Corp.
v. North Dakota.
(5) States that adequately simplify their tax systems
should be authorized to correct the present inequities in
taxation through requiring sellers to collect taxes on sales of
goods or services delivered in-state, without regard to the
location of the seller.
(6) The States have experience, expertise, and a vital
interest in the collection of sales and use taxes, and thus
should take the lead in developing and implementing sales and
use tax collection systems that are fair, efficient, and non-
discriminatory in their application and that will simplify the
process for both sellers and buyers.
(7) Online consumer privacy is of paramount importance to
the growth of electronic commerce and must be protected.
SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended by striking ``3 years after the date of the enactment
of this Act--'' and inserting ``on December 31, 2005:''.
SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM.
(a) Development of Streamlined System.--It is the sense of the
Congress that States and localities should work together, with the
advice of the National Conference of Commissioners on Uniform State
Laws, to develop a streamlined sales and use tax system that addresses
the following in the context of remote sales:
(1) A centralized, one-stop, multi-state registration
system for sellers.
(2) Uniform definitions for goods or services, whose sale
may, by State action, be included in the tax base.
(3) Uniform rules for attributing transactions to
particular taxing jurisdictions.
(4) Uniform procedures for--
(A) the designation and identification of
purchasers exempt from sales and use taxes; and
(B) immunization from liability for sellers that
rely on such State procedures.
(5) Uniform procedures for the certification of software
that sellers rely on to determine sales and use tax rates and
taxability.
(6) Uniform bad debt rules.
(7) A uniform format for tax returns and remittance forms.
(8) Consistent electronic filing and remittance methods.
(9) State administration of all State and local sales and
use taxes.
(10) Uniform audit procedures, including a provision giving
a seller the option to be subject to no more than a single
audit per year using those procedures; provided that if the
seller does not comply with the procedures to elect a single
audit, any States can conduct an audit using those procedures.
(11) Reasonable compensation for tax collection by sellers.
(12) Exemption from use tax collection requirements for
remote sellers falling below a de minimis threshold of
$5,000,000 in gross annual sales.
(13) Appropriate protections for consumer privacy.
(14) Such other features that the States deem warranted to
promote simplicity, uniformity, neutrality, efficiency, and
fairness.
(b) No Undue Burden.--The Congress finds that, if adopted, the
system described in subsection (a) will not place an undue burden on
interstate commerce or burden the growth of electronic commerce and
related technologies in any material way.
SEC. 5. INTERSTATE SALES AND USE TAX COMPACT.
(a) Authorization and Consent.--In general, the States are
authorized to enter into an Interstate Sales and Use Tax Compact.
Subject to subsection (c), the Congress consents to their entry into
that Compact. The Compact shall describe a uniform, streamlined sales
and use tax system consistent with section 4(a), and shall provide that
States joining the Compact must adopt that system.
(b) Expiration.--The authorization and consent in subsection (a)
shall expire if the Compact has not been formed before January 1, 2006.
(c) Congressional Consent Withdrawn if Compact Disapproved.--
(1) Adopting states to transmit.--Upon the 20th State
becoming a signatory to the Compact, the adopting States shall
transmit a copy of the Compact to Congress.
(2) Congressional action.--The consent of the Congress to
the Compact is withdrawn if the Congress, by law, disapproves
the Compact within 120 days (computed in accordance with
section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after
the adopting States transmit it to the Congress.
SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH
AVERAGING.
(a) In General.--A State that levies a use tax shall impose a
single, uniform State-wide use-tax rate on all remote sales on which it
assesses a use tax for any calendar year for which the State meets the
requirements of subsection (b).
(b) Averaging Requirement.--A State meets the requirements of this
subsection for any calendar year in which the single, uniform State-
wide use-tax rate is in effect if such rate is no greater than the
weighted average of the sales tax rates actually imposed by a State and
its local jurisdictions during the second calendar year prior to such
calendar year.
(c) Computation of Rate No Greater Than Weighted Average.--For
purposes of subsection (b), a State-wide use tax rate is no greater
than the weighted average of the sales tax rates imposed in a prior
calendar year only if, had such rate been assessed during such prior
calendar year on all sales on which a sales tax was actually assessed
by such State and its local jurisdictions, such rate would not have
yielded a greater total assessment of taxes than the total taxes
actually assessed on such sales during such year.
(d) Annual Option To Collect Actual Tax.--Notwithstanding
subsection (a), a remote seller has the annual option of collecting
applicable State and local use taxes throughout a State.
SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.
(a) Grant of Authority.--
(1) States that adopt the system may require collection.--
Any State that has adopted the system described in the Compact
is authorized, notwithstanding any other provision of law, to
require all sellers not qualifying for the de minimis exception
to collect and remit sales and use taxes on remote sales to
purchasers located in such State after the expiration of the
120 day period described by section 5(c)(2) unless the Compact
is disapproved under section 5(c).
(2) States that do not adopt the system may not require
collection.--Paragraph (1) does not extend to any State that
does not adopt the system described in the Compact.
(b) No Effect on Nexus, Etc.--No obligation imposed by virtue of
authority granted by subsection (a)(1) or denied by subsection (a)(2)
shall be considered in determining whether a seller has a nexus with
any State for any other tax purpose. Except as provided in subsection
(a), nothing in this Act permits or prohibits 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
sale of goods or services.
SEC. 8. LIMITATION.
In general, nothing in this Act shall be construed as subjecting
sellers to franchise taxes, income taxes, or licensing requirements of
a State or political subdivision thereof, nor shall anything in this
Act be construed as affecting the application of such taxes or
requirements or enlarging or reducing the authority of any State or
political subdivision to impose such taxes or requirements.
SEC. 9. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means any State of the
United States of America and includes the District of Columbia.
(2) Goods or services.--The term ``goods or services''
includes tangible and intangible personal property and
services.
(3) Remote sale.--The term ``remote sale'' means a sale in
interstate commerce of goods or services attributed, under the
rules established pursuant to section 4(a)(3) of this Act, to a
particular taxing jurisdiction that could not, except for the
authority granted by this Act, require that the seller of such
goods or services collect and remit sales or use taxes on such
sale.
(4) Locus of remote sale.--The term ``particular taxing
jurisdiction'', when used with respect to the location of a
remote sale means a remote sale of goods or services
attributed, under the rules established pursuant to section
4(a)(3) of this Act, to a particular taxing jurisdiction.
|
Expresses the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a uniform streamlined sales and use tax system that addresses remote sales.
Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system.
|
{"src": "billsum_train", "title": "Internet Tax Moratorium and Equity Act"}
| 2,093 | 85 | 0.528134 | 1.421564 | 1.26168 | 7 | 25.931507 | 0.972603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Population Fund
(UNFPA) Funding Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Global consensus about the need to develop policies
that contribute to global population stabilization and the
improved status of women is due in large part to the efforts of
the United Nations and its specialized agencies and
organizations, particularly the United Nations Population Fund
(UNFPA).
(2) Operating in over 142 nations in all regions of the
world and as a politically neutral source of funds, UNFPA
complements the important work of the United States Agency for
International Development population assistance program.
(3) Over \1/2\ of UNFPA's assistance is devoted to
providing voluntary family planning and maternal and child
health services and it is a major provider of modern methods of
contraception to women in the poorest countries in the world.
Unwanted pregnancy remains one of the greatest risks to women's
health throughout the developing world. More than half a
million women die every year from pregnancy related causes, and
women who are too young, too old, have too many children or
have them too close together are at greatest risk for pregnancy
related injury or illness.
(4) UNFPA also supports efforts aimed at preventing the
spread of HIV/AIDS and other sexually transmitted diseases.
(5) UNFPA is working to eradicate obstetric fistula, a
devastating maternal injury that is fully preventable by having
a trained medical attendant present during labor and
childbirth. Virtually non-existent within the developed world,
it remains a dire threat in poor countries.
(6) UNFPA is a global leader to eliminate the horrific
practice of female genital mutilation that threatens nearly 2
million young girls every year in more than 20 countries in
Africa. More than 120,000,000 women alive have already
undergone this cruel practice that can result in constant pain,
problems with pregnancy and childbirth, infertility and a
greater risk of infection with a sexually transmitted disease.
By working with local organizations to bring about cultural and
legal reform, communities are beginning to end this threat to
women's health.
(7) UNFPA, by allowing women and couples to choose whether
and when to have children, has helped to reduce the incidence
of abortion around the world. UNFPA does not fund abortion
services: it seeks to reduce the incidence of abortion and to
provide treatment to women suffering from complications of
unsafe abortions.
(8) Many global environmental problems, including water
shortages, pollution, tropical deforestation and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, thereby reducing its effects on the
environment.
(9) All UNFPA programs conform to the principle, affirmed
at the 1994 International Conference on Population and
Development by 180 nations, including the United States, and
re-affirmed in 1999, that ``all couples and individuals have
the basic right to decide freely and responsibly the number and
spacing of their children and to have the information,
education, and means to do so.''.
(10) UNFPA opposes coercion in any form and all its
programs are designed in conformity with universally recognized
human rights. When UNFPA hears of coercive tactics in any
country, it acts to immediately investigate and eliminate such
practices.
(11) Opponents of family planning programs have long
accused UNFPA of complicity in the coercive practices of the
Chinese government's family planning program. Such allegations
have consistently been proven false. Over the past two years,
three monitoring teams have visited China to investigate
UNFPA's program. All three, an international team headed by a former
Dutch Ambassador to NATO, a group of members of the British parliament,
and a United States group appointed by President Bush, reported that
UNFPA had no role in coercion and was, in fact, working to eliminate
coercive practices.
(12) The United States team reported back on May 29, 2002
and wrote a letter to Secretary of State Colin Powell stating
the following:
(A) ``First Finding: We find no evidence that UNFPA
has knowingly supported or participated in the
management of a program of coercive abortion or
involuntary sterilization in the PRC.''.
(B) ``First Recommendation: We therefore recommend
that not more than $34,000,000 which has already been
appropriated be released to UNFPA.''.
(13) Despite the recommendation of its own delegation, the
Administration invoked a deeply flawed interpretation of
Federal law to eliminate funding for UNFPA.
(14) The loss of the United States contribution of
$34,000,000, representing fully 13 percent of UNFPA's budget,
has already undermined the delivery of necessary services to
women throughout the developing world. It is estimated that the
loss of this funding could result in 2,000,000 additional
unwanted pregnancies, 4,700 maternal deaths, 60,000 cases of
serious maternal injury and illness, 77,000 infant deaths and
800,000 abortions.
SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS
POPULATION FUND.
In addition to amounts otherwise available to carry out the
purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961,
there are authorized to be appropriated $50,000,000 for fiscal year
2004 and $84,000,000 for fiscal year 2005 to be available only for
United States voluntary contributions to the United Nations Population
Fund.
SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
UNITED NATIONS POPULATION FUND.
(a) Limitation.--Notwithstanding any other provision of law, of the
funds appropriated for voluntary contributions to the United Nations
Population Fund for each of the fiscal years 2004 and 2005, an amount
equal to the amount allocated by the United Nations Population Fund for
the country program in the People's Republic of China during each
fiscal year shall be withheld from obligation and expenditure if during
such fiscal year, the Secretary of State submits to the appropriate
congressional committees the certification described in subsection (b).
(b) Certification.--The Secretary of State shall submit a
certification under subsection (a) if the Secretary determines that the
country program of the United Nations Population Fund in the People's
Republic of China does not meet the following criteria--
(1) focuses on improving the delivery of voluntary family
planning information and services;
(2) is designed in conformity with the human rights
principles affirmed at the International Conference on
Population and Development with the support of 180 nations
including the United States;
(3) is implemented only in counties of the People's
Republic of China where all quotas and targets for the
recruitment of program participants have been abolished and the
use of coercive measures has been eliminated;
(4) is carried out in consultation with and under the
oversight and approval of the UNFPA executive board, including
the United States representative;
(5) is subject to regular independent monitoring to ensure
compliance with the principles of informed consent and
voluntary participation; and
(6) suspends operations in project counties found to be in
violation of program guidelines.
|
United Nations Population Fund (UNFPA) Funding Act of 2003 - Authorizes appropriations for FY 2004 and 2005 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Withholds from the U.S. voluntary contribution to the UNFPA amounts allocated by UNFPA for the country program in China, if the Secretary of State certifies to the appropriate congressional committees that the UNFPA country program in China does not: (1) focus on improving the delivery of voluntary family planning information and services; (2) conform with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States; (3) operate only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated; (4) operate in consultation with and under the oversight and approval of the UNFPA executive board, including the U.S. representative; (5) subject itself to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation; and (6) suspend operations in project counties found to be in violation of program guidelines.
|
{"src": "billsum_train", "title": "To provide a United States voluntary contribution to the United Nations Population Fund."}
| 1,546 | 249 | 0.480141 | 1.555077 | 0.758729 | 5.023041 | 6.709677 | 0.940092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Sanctions Relief Review Act''.
SEC. 2. DETERMINATION AND CERTIFICATION OF WHETHER CERTAIN FOREIGN
FINANCIAL INSTITUTIONS HAVE FACILITATED TRANSACTIONS OR
PROVIDED SERVICES FOR COVERED PERSONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for a period not
to exceed 5 years, the President shall--
(1) with respect to each foreign financial institution,
including an Iranian financial institution, listed in
Attachment 3 or Attachment 4 to Annex II of the Joint
Comprehensive Plan of Action, determine whether the institution
has, on or after January 30, 2016, knowingly facilitated a
significant transaction or transactions or provided significant
financial services for any person described in section 4; and
(2) transmit to the appropriate congressional committees a
certification of each determination with respect to a foreign
financial institution, including an Iranian financial
institution, made under paragraph (1).
(b) Form.--A certification described in subsection (a)(2) shall be
submitted in unclassified form, but may contain a classified annex.
(c) Determination of Significant Transaction or Transactions and
Significant Financial Services.--For purposes of this section, a
transaction or transactions shall be determined to be significant and
financial services shall be determined to be significant in accordance
with section 561.404 of title 31, Code of Federal Regulations.
SEC. 3. DETERMINATION AND CERTIFICATION OF WHETHER CERTAIN FOREIGN
PERSONS HAVE SUPPORTED COVERED PERSONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for a period not
to exceed 5 years, the President shall--
(1) with respect to each foreign person listed in
Attachment 3 or Attachment 4 to Annex II of the Joint
Comprehensive Plan of Action, determine whether the foreign
person has, on or after January 30, 2016, knowingly, directly
or indirectly, materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of any person described in section 4; and
(2) transmit to the appropriate congressional committees a
certification of each determination with respect to a foreign
person made under paragraph (1).
(b) Form.--A determination described in subsection (a)(2) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 4. COVERED PERSONS.
A person described in this section is--
(1) an organization that is designated by the Secretary of
State as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(2) a foreign person the property or interests in property
of which are blocked pursuant to--
(A) Executive Order 13224 (September 23, 2001;
relating to blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism);
(B) Executive Order 13382 (June 28, 2005; relating
to blocking property of weapons of mass destruction
proliferators and their supporters);
(C) Executive Order 13094 (July 28, 1998; relating
to proliferation of weapons of mass destruction);
(D) Executive Order 12938 (November 16, 1994;
relating to proliferation of weapons of mass
destruction);
(E) Executive Order 13338 (50 U.S.C. 1701 note;
relating to blocking property of certain persons and
prohibiting the export of certain goods to Syria);
(F) Executive Order 13399 (50 U.S.C. 1701 note;
relating to blocking property of additional persons in
connection with the national emergency with respect to
Syria);
(G) Executive Order 13460 (50 U.S.C. 1701 note;
relating to blocking property of additional persons in
connection with the national emergency with respect to
Syria);
(H) Executive Order 13572 (50 U.S.C. 1701 note;
relating to blocking property of certain persons with
respect to human rights abuses in Syria);
(I) Executive Order 13573 (50 U.S.C. 1701 note;
relating to blocking property of senior officials of
the Government of Syria);
(J) Executive Order 13582 (50 U.S.C. 1701 note;
relating to blocking property of the Government of
Syria and prohibiting certain transactions with respect
to Syria);
(K) Executive Order 13608 Prohibiting Certain
Transactions With and Suspending Entry Into the United
States of Foreign Sanctions Evaders With Respect to
Iran and Syria;
(L) Executive Order 13606 Blocking the Property and
Suspending Entry Into the United States of Certain
Persons With Respect to Grave Human Rights Abuses by
the Governments of Iran and Syria via Information
Technology;
(M) Executive Order 13553 Blocking Property of
Certain Persons With Respect to Serious Human Rights
Abuses By The Government of Iran and Taking Certain
Other Actions; or
(N) any other Iranian person the property or
interests in property of which are blocked pursuant to
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(3)(A) Iran's Revolutionary Guard Corps or any of its
officials, agents, or affiliates; or
(B) a person acting on behalf of or at the direction of, or
owned or controlled by, a person described in subparagraph (A).
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
the term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations.
(3) Foreign person.--The term ``foreign person''--
(A) means--
(i) a natural person who is not a United
States person;
(ii) a corporation, partnership, or other
nongovernmental entity which is not a United
States person; or
(iii) any representative, agent or
instrumentality of, or an individual working on
behalf of a foreign government; but
(B) does not include a foreign financial
institution, including an Iranian financial
institution, described in section 2(b).
(4) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means any organization designated by
the Secretary of State as a foreign terrorist organization in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(5) Iranian financial institution.--The term ``Iranian
financial institution'' has the meaning given the term in
section 104A(d)(3) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)(3)).
(6) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, agreed to at Vienna July 14, 2015, by Iran and
by the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom and the United States, with the
High Representative of the European Union for Foreign Affairs
and Security Policy, and all implementing materials and
agreements related to the Joint Comprehensive Plan of Action,
and transmitted by the President to Congress on July 19, 2015,
pursuant to section 135(a) of the Atomic Energy Act of 1954, as
amended by the Iran Nuclear Agreement Review Act of 2015
(Public Law 114-17; 129 Stat. 201).
(7) Person.--The term ``person'' has the meaning given the
term in section 14 of the Iran Sanctions Act of 1996 (Public
Law 104-172; 50 U.S.C. 1701 note).
(8) United states person.--The term ``United States
person'' has the meaning given the term in section 14 of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
note).
|
Iran Sanctions Relief Review Act This bill requires the President to transmit to Congress every six months for five years determinations and certifications of whether, on or after January 30, 2016: (1) specified foreign financial institutions, including Iranian financial institutions, have facilitated significant transactions or provided services for foreign terrorist organizations, sanctioned foreign persons, or Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates; and (2) specified foreign persons have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services for, any such persons or entities.
|
{"src": "billsum_train", "title": "Iran Sanctions Relief Review Act"}
| 1,835 | 125 | 0.630778 | 1.934355 | 0.688023 | 4.401709 | 13.803419 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefit Protection
Act of 2005''.
SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFITS AGAINST DECREASE DUE TO
PART D MEDICARE PREMIUM INCREASES.
(a) Protection Against Decrease in Social Security Benefits.--
(1) Application to enrollees in prescription drug plans.--
Section 1860D-13(a)(1) of the Social Security Act (42 U.S.C.
1395ww-113(a)(1)) is amended--
(A) in subparagraph (F), by striking ``(D) and
(E),'' and inserting ``(D), (E), and (F),'';
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Protection of social security benefits.--For
any calendar year, if an individual is entitled to
monthly benefits under section 202 or 223 or to a
monthly annuity under section 3(a), 4(a), or 4(f) of
the Railroad Retirement Act of 1974 for November and
December of the preceding year and was enrolled under a
PDP plan or MA-PD plan for such months, the base
beneficiary premium otherwise applied under this
paragraph for the individual for months in that year
shall be decreased by the amount (if any) by which the
sum of the amounts described in the following clauses
(i) and (ii) exceeds the amount of the increase in such
monthly benefits for that individual attributable to
section 215(i):
``(i) Part d premium increase factor.--
``(I) In general.--Except as
provided in this clause, the amount of
the increase (if any) in the adjusted
national average monthly bid amount (as
determined under subparagraph (B)(iii))
for a month in the year over such
amount for a month in the preceding
year.
``(II) No application to full
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(1), zero.
``(III) Special rule for partial
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(2), a percent of the increase
described in subclause (I) equal to 100
percent minus the percent applied based
on the linear scale under such section.
``(ii) Part b premium increase factor.--If
the individual is enrolled for such months
under part B--
``(I) In general.--Except as
provided in subclause (II), the amount
of the annual increase in premium
effective for such year resulting from
the application of section 1839(a)(3),
as reduced (if any) under section
1839(f).
``(II) No application to
individuals participating in medicare
savings program.--In the case of an
individual who is enrolled for medical
assistance under title XIX for medicare
cost-sharing described in section
1905(p)(3)(A)(ii), zero.''.
(2) Application under medicare advantage program.--Section
1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in
effect as of January 1, 2006, relating to MA monthly
prescription drug beneficiary premium, is amended by inserting
after ``as adjusted under section 1860D-13(a)(1)(B)'' the
following: ``and section 1860D-13(a)(1)(F)''.
(3) Payment from medicare prescription drug account.--
Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) payment under paragraph (5) of premium
reductions effected under section 1860D-13(a)(1)(F).'';
and
(B) by adding at the end the following new
paragraph:
``(5) Payment for social security benefit protection
premium reductions.--
``(A) In general.--In addition to payments provided
under section 1860D-15 to a PDP sponsor or an MA
organization, in the case of each part D eligible
individual who is enrolled in a prescription drug plan
offered by such sponsor or an MA-PD plan offered by
such organization and who has a premium reduced under
section 1860D-13(a)(1)(F), the Secretary shall provide
for payment to such sponsor or organization of an
amount equivalent to the amount of such premium
reduction.
``(B) Application of provisions.--The provisions of
subsections (d) and (f) of section 1860D-15 (relating
to payment methods and disclosure of information) shall
apply to payment under subparagraph (A) in the same
manner as they apply to payments under such section.''.
(b) Disregard of Premium Reductions in Determining Dedicated
Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended by adding at the end the following:
``Such premiums shall also be determined without regard to any
reductions effected under section 1839(f) or 1860D-13(a)(1)(F) of such
title.''.
(c) Effective Dates.--
(1) Part d premium.--The amendments made by subsection (a)
apply to premiums for months beginning with January 2007.
(2) MMA provision.--The amendment made by subsection (b)
shall take effect on the date of the enactment of this Act.
|
Social Security Benefit Protection Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit a decrease in Social Security benefits resulting from Medicare part D (Voluntary Prescription Drug Benefit Program) premium increases.
|
{"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to prevent a decrease in Social Security benefits resulting from Medicare part D premiums increases."}
| 1,401 | 55 | 0.497676 | 1.068823 | 0.65244 | 2.595238 | 27.047619 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adolescent Web Awareness Requires
Education Act'' or the ``AWARE Act''.
SEC. 2. GRANT PROGRAM.
(a) Authority To Make Grants.--
(1) In general.--Subject to subsection (e)(1), the Attorney
General shall make grants to eligible entities to carry out an
Internet crime awareness and cybercrime prevention program.
(2) Period.--A grant under this section shall be for a 2-
year period.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General, which
shall include--
(1) a description of the partnership arrangements, if any,
of the eligible entity relating to the activities to be carried
out with the grant;
(2) a description of the measurable goals of the eligible
entity relating to the activities to be carried out with the
grant;
(3) a description of how the Internet crime awareness and
cybercrime prevention program of the eligible entity shall
achieve the measurable goals described in paragraph (2);
(4) a description of the plan of the eligible entity to
continue to implement the Internet crime awareness and
cybercrime prevention program after the grant under this
section ends;
(5) a description of how funds under the grant may be used
and coordinated with Internet crime awareness and cybercrime
prevention programs being carried out on the date of enactment
of this Act or other Internet crime awareness and cybercrime
prevention programs established with grants under this section;
(6) a description of the target audience under the proposed
Internet crime awareness and cybercrime prevention program;
(7) a certification that the eligible entity enforces the
operation of measures which prevent the Internet from being
used to victimize children if the eligible entity provides
Internet access to minors; and
(8) any other information or assurances required by the
Attorney General.
(c) Prioritization.--In making grants under this section, the
Attorney General shall give priority to an eligible entity that--
(1) identifies and targets children at-risk of engaging in
cybercrimes or becoming crime victims;
(2) works in partnership with the private sector, law
enforcement, the philanthropic community, the media,
researchers, social services organizations, or other community-
based groups;
(3) provides Internet crime awareness and cybercrime
prevention programs at no cost to students or schools;
(4) accommodates different languages and language
proficiencies;
(5) accommodates differing levels of technological
sophistication; or
(6) has a viable plan to sustain the Internet crime
awareness and cybercrime prevention program after the grant
program ends.
(d) Use of Funds.--An eligible entity may use a grant under this
section to--
(1) identify, develop, and implement Internet crime
awareness and cybercrime prevention programs, including
educational technology, multimedia and interactive
applications, online resources, and lesson plans;
(2) provide professional training to elementary and
secondary school teachers, administrators, and other staff on
crime awareness and cybercrime prevention;
(3) educate parents about teaching their children how to
protect themselves from becoming victims of Internet crime;
(4) develop Internet crime awareness and cybercrime
prevention programs for children;
(5) train and support peer-driven Internet crime awareness
and cybercrime prevention initiatives;
(6) coordinate and fund research initiatives that
investigate online risks to children and Internet crime
awareness and cybercrime prevention; or
(7) develop and implement public education campaigns to
promote awareness of crimes against children on the Internet
and the prevention of such crimes.
(e) Grant Guidance.--
(1) In general.--Before making grants under this section,
and not later than 1 month after the date on which the study
under paragraph (3)(A) is completed, the Attorney General, in
consultation with education groups, Internet crime awareness
and cybercrime prevention groups, and other relevant experts in
the field of new media and child safety, shall issue detailed
guidance for the grant program under this section.
(2) Contents of guidance.--The grant guidance shall be
implemented by the Attorney General in accordance with best
practices relating to Internet crime awareness and cybercrime
prevention and the research-based recommendations derived from
the study conducted under paragraph (3)(A).
(3) Internet crime awareness and cybercrime prevention
research.--
(A) Initial research.--The Attorney General shall
enter into contracts with 1 or more private companies,
government agencies, or nonprofit organizations to
complete a study, not later than 6 months after the
date of enactment of this Act, regarding--
(i) the nature, prevalence, and quality of
Internet crime awareness and cybercrime
prevention programs and any evidence-based
research conducted relating to the programs;
(ii) findings regarding which children are
most at risk of becoming crime victims;
(iii) gaps in Internet crime awareness and
cybercrime prevention and youth online risk
research; and
(iv) any other area determined appropriate
by the Attorney General.
(B) Additional research.--Subject to the
availability of appropriations, the Attorney General
shall enter into contracts with private companies,
government agencies, or nonprofit organizations to
conduct additional research regarding the issues
described in subparagraph (A). Any research conducted
under this subparagraph shall be included in the
reports under subsection (g)(3).
(f) Technical Assistance.--The Attorney General shall provide
technical assistance to eligible entities that receive a grant under
this section, which may include maintaining a Web site to facilitate
outreach and communication among the eligible entities that receive a
grant under this section.
(g) Reports.--
(1) Eligible entities.--An eligible entity that receives a
grant under this section shall submit to the Attorney General
and make public an annual report regarding the activities
carried out using funds made available under the grant, which
shall include--
(A) a description of how the eligible entity
implemented the Internet crime awareness and cybercrime
prevention program carried out with the grant;
(B) a detailed description of the audience reached;
(C) an analysis of whether and to what degree the
goals for the Internet crime awareness and cybercrime
prevention program were met;
(D) an analysis of the challenges, if any, that
interfered with achieving the goals described in
subparagraph (C);
(E) plans for future Internet crime awareness and
cybercrime prevention programs; and
(F) an accounting of the funds used.
(2) Compilation of annual reports for revised grant
guidance.--The Attorney General shall--
(A) review the report under paragraph (1) submitted
by each eligible entity that receives a grant under
this section during the first fiscal year for which
grants under this section are made; and
(B) not later than 6 months after the date on which
all reports described in subparagraph (A) are
submitted, modify, as appropriate, the grant guidance
based on the reports.
(3) Reports to congress.--Not later than 27 months after
the date on which the Attorney General makes the first grant
under this section, and annually thereafter, the Attorney
General shall submit to Congress a report regarding the grant
program under this section, which shall include--
(A) a compilation of the information and findings
of the annual reports submitted under paragraph (1);
(B) the findings and conclusions of the Attorney
General, including findings and conclusions relating to
the effectiveness of Internet crime awareness and
cybercrime prevention programs carried out using a
grant under this section; and
(C) best practices identified by the Attorney
General relating to Internet crime awareness and
cybercrime prevention.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Attorney General to carry out this section $25,000,000 for
each of fiscal years 2010 through 2014.
(2) Limitation.--Of amounts made available to carry out
this section, not more than 5 percent shall be available to
carry out subsections (e), (f), and (g)(2).
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a partnership between a State educational
agency and 1 or more local educational agencies (as
those terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) of the State;
(B) a local educational agency;
(C) a nonprofit organization; or
(D) a consortium of elementary schools or secondary
schools (as those terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) collaborating with an entity described in
subparagraph (A), (B), or (C).
(2) Grant guidance.--The term ``grant guidance'' means the
grant guidance issued under section 2(e)(1).
(3) Internet crime awareness and cybercrime prevention
program.--The term ``Internet crime awareness and cybercrime
prevention program'' means an age-appropriate, research-based
program that prevents children from becoming the victims of
Internet crime by encouraging safe and responsible use of the
Internet, promoting an informed, critical understanding of
Internet dangers, and educating children, parents, and
communities about how to prevent or respond to problems or
dangers related to the Internet or new media.
(4) New media.--The term ``new media''--
(A) means emerging digital, computerized, or
networked information and communication technologies
that often have interactive capabilities; and
(B) includes email, instant messaging, text
messaging, Web sites, blogs, interactive gaming, social
media, cell phones, and mobile devices.
(5) Nonprofit.--The term ``nonprofit'' means an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of that Code.
|
Adolescent Web Awareness Requires Education Act or the AWARE Act - Directs the Attorney General to: (1) make two-year grants to certain educational agencies, nonprofit organizations, and schools to carry out Internet crime awareness and cybercrime prevention programs; (2) grant priority in making such grants to entities that meet specified criteria, including the identification and targeting of children-at-risk of engaging in cybercrimes or becoming crime victims; (3) contract for research studies on Internet crime awareness and prevention; and (4) provide technical assistance and guidance to grant recipients.
Authorizes grant recipients to use funds for specified purposes, including identifying, developing, and implementing Internet crime awareness and cybercrime prevention and public awareness programs, providing professional training to teachers and school personnel on cybercrime awareness and prevention, and coordinating and funding research to investigate online risks to children.
|
{"src": "billsum_train", "title": "To promote crime awareness and cybercrime prevention initiatives, and for other purposes."}
| 2,110 | 180 | 0.705142 | 1.781717 | 0.971305 | 2.414634 | 12.390244 | 0.865854 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Chacoan Outliers Protection Act of
1995''.
SEC. 2. PURPOSES.
Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended
by striking ``San Juan Basin;'' and inserting ``San Juan Basin and
surrounding areas;''.
SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES.
Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is
amended to read as follows:
``(b)(1) Thirty-nine outlying sites as generally depicted on a map
entitled `Chaco Culture Archeological Protection Sites', numbered 310/
80,033-B and dated September 1991, are designated as `Chaco Culture
Archeological Protection Sites'. The 39 archeological protection sites
totaling approximately 14,372 acres are identified as follows:
``Name: Acres:
Allentown..................................... 380
Andrews Ranch................................. 950
Bee Burrow.................................... 480
Bisa'ani...................................... 131
Casa del Rio.................................. 40
Casamero...................................... 160
Chimney Rock.................................. 3,160
Coolidge...................................... 450
Dalton Pass................................... 135
Dittert....................................... 480
Great Bend.................................... 26
Greenlee Ruin................................. 60
Grey Hill Spring.............................. 23
Guadalupe..................................... 115
Halfway House................................. 40
Haystack...................................... 565
Hogback....................................... 453
Indian Creek.................................. 100
Jaquez........................................ 66
Kin Nizhoni................................... 726
Lake Valley................................... 30
Manuelito-Atsee Nitsaa........................ 60
Manuelito-Kin Hochoi.......................... 116
Morris 41..................................... 85
Muddy Water................................... 1,090
Navajo Springs................................ 260
Newcomb....................................... 50
Peach Springs................................. 1,046
Pierre's Site................................. 440
Raton Well.................................... 23
Salmon Ruin................................... 5
San Mateo..................................... 61
Sanostee...................................... 1,565
Section 8..................................... 10
Skunk Springs/Crumbled House.................. 533
Standing Rock................................. 348
Toh-la-kai.................................... 10
Twin Angeles.................................. 40
Upper Kin Klizhin............................. 60.
``(2) The map referred to in paragraph (1) shall be--
``(A) kept on file and available for public inspection in--
``(i) appropriate offices of the National Park
Service;
``(ii) the office of the State Director of the
Bureau of Land Management in Santa Fe, New Mexico; and
``(iii) the office of the Area Director of the
Bureau of Indian Affairs in Window Rock, Arizona; and
``(B) made available for the purposes described in
subparagraph (A) to the offices of the Arizona and New Mexico
State Historic Preservation Officers.''.
SEC. 4. DEFINITION.
Section 503 of Public Law 96-550 (16 U.S.C. 410ii-2) is amended by
inserting ``(referred to in this title as the `Secretary')'' after
``Secretary of the Interior''.
SEC. 5. LAND ACQUISITIONS.
Section 504(c)(2) of Public Law 96-550 (16 U.S.C. 410ii-3(c)(2)) is
amended to read as follows:
``(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative agreements
under section 505 to protect archeological resources at such sites
described in section 502(b) as remain in private ownership.''.
SEC. 6. ASSISTANCE TO THE NAVAJO NATION.
Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by
adding at the end the following new subsection:
``(f)(1) The Secretary, acting through the Director of the National
Park Service, shall assist the Navajo Nation in the protection and
management of such Chaco Culture Archeological Protection Sites as are
located on lands under the jurisdiction of the Navajo Nation through a
grant, contract, or cooperative agreement entered into under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(2) The assistance provided under paragraph (1) shall--
``(A) consist of assistance in site planning, resource
protection, interpretation, resource management actions, and
such other activities as may be identified in the grant,
contract, or cooperative agreement; and
``(B) include assistance with the development of a Navajo
facility to serve persons who seek to appreciate the Chacoan
Outlier Sites.''.
|
Chacoan Outliers Protection Act of 1995 - Designates eight new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites.
Directs the Secretary of the Interior to: (1) use a combination of land acquisition authority and cooperative agreements to protect archeological resources at such sites as remain in private ownership; and (2) assist the Navajo Nation in the protection and management of such Sites as are located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Assistance Act.
|
{"src": "billsum_train", "title": "Chacoan Outliers Protection Act of 1995"}
| 1,153 | 172 | 0.541795 | 1.456644 | 0.816037 | 3.441176 | 6.639706 | 0.867647 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Animal Welfare Act
Amendments of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Expanded definition of dealer.
Sec. 3. Licensing requirements.
Sec. 4. Prohibited activities without license.
Sec. 5. Provisions regarding auction sales.
Sec. 6. Enforcement and penalties.
Sec. 7. Injunction authority.
SEC. 2. EXPANDED DEFINITION OF DEALER.
(a) Dealer.--Subsection (f) of section 2 of the Animal Welfare Act
(7 U.S.C. 2132) is amended to read as follows:
``(f) Dealer.--(1) The term `dealer' means any person who (in
commerce for compensation or profit) acquires, delivers for
transportation or transports (except as a carrier), buys or offers to
buy, sells or offers for sale, leases or offers to lease, negotiates
the purchase, sale, or lease of, or otherwise transfers--
``(A) any animal, whether alive or dead, for research,
experimentation, teaching, exhibition, or use as a pet;
``(B) any dog for hunting or security purposes; or
``(C) any dog or cat for breeding purposes.
``(2) The term includes an operator of an auction sale at which any
activity described in paragraph (1) takes place and any person who owns
or leases premises that are used for a trade day, flea market, or
similar event at which any activity described in paragraph (1) takes
place.
``(3) The term includes an animal pound or shelter operated by or
on behalf of a local government and any governmental entity that sells
or otherwise provides animals to any dealer or research facility.''.
(b) Clerical Amendments.--Section 2 of such Act is further
amended--
(1) by striking the semicolon at the end of subsections
(a), (b), (d), (e), and (g) through (k) and inserting a period;
and
(2) in subsection (n), by striking ``; and'' and inserting
a period.
SEC. 3. LICENSING REQUIREMENTS.
Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to
read as follows:
``SEC. 3. LICENSING REQUIREMENTS.
``(a) Issuance of Licenses.--To apply for a license under this
section, a dealer or exhibitor shall submit to the Secretary an
application in such form and manner as the Secretary may prescribe. The
Secretary shall issue licenses to dealers and exhibitors upon payment
of the applicable fee established pursuant to section 23 and
demonstration by the dealer or exhibitor of compliance with the
regulations and standards promulgated by the Secretary pursuant to this
Act.
``(b) Licensing Exemptions.--
``(1) Exemptions authorized.--The Secretary may issue
regulations exempting persons described in paragraph (2) from
licensing and other requirements under this Act, subject to
such conditions as the Secretary may prescribe, if, in the
judgment of the Secretary--
``(A) the licensing of such persons would not
effectuate the policy of the Act; and
``(B) the activity of the persons does not involve
the use of animals for research purposes.
``(2) Persons eligible for exemptions.--Persons who may be
exempted from licensing and other requirements under paragraph
(1) include the following:
``(A) Operators of retail pet stores (except retail
pet stores which sell animals to research facilities,
exhibitors, or dealers).
``(B) Persons who sell wild or exotic animals, as
defined by the Secretary, with respect to such wild or
exotic animals.
``(C) Persons whose business activities as dealers
or exhibitors are de minimis.''.
``(c) Licenses Prohibited.--The Secretary shall not issue (or
renew) a license under this section with regard to any of the following
persons:
``(1) A person whose license has been suspended, revoked,
or voluntarily terminated while the person was in violation of
this Act or a regulation or standard promulgated under this
Act.
``(2) A person who has not paid any civil penalty
previously assessed by the Secretary under this Act.
``(3) A person who has been convicted of, or entered a plea
of nolo contendere or its equivalent to, a charge of violating
any of the following:
``(A) A treaty or Federal, State, or local law
involving the care or treatment of, or recordkeeping
for, animals.
``(B) The Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), or any treaty, Federal,
State, or local law for the protection of endangered or
threatened species.''.
SEC. 4. PROHIBITED ACTIVITIES WITHOUT LICENSE.
Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to
read as follows:
``SEC. 4. EFFECT OF FAILURE TO OBTAIN LICENSE OR EXEMPTION.
``(a) Treatment of Licensed and Exempted Persons.--Subsection (b)
does not apply to a dealer or exhibitor who--
``(1) holds a current and unsuspended license from the
Secretary under section 3(a); or
``(2) is exempted by the Secretary from such licensing
requirement pursuant to section 3(b).
``(b) Prohibition Against Certain Activities.--Except in the case
of dealers and exhibitors described in subsection (a), a dealer or
exhibitor may not--
``(1) acquire any animal;
``(2) sell or offer for sale any animal;
``(3) lease or offer for lease any animal;
``(4) transport or offer for transportation any animal;
``(5) buy or offer to buy any animal;
``(6) exhibit or offer to exhibit;
``(7) transfer any animal; or
``(8) engage in any other business activity as a dealer or
exhibitor.''.
SEC. 5. PROVISIONS REGARDING AUCTION SALES.
(a) Regulation.--Section 12 of the Animal Welfare Act (7 U.S.C.
2142) is amended to read as follows:
``SEC. 12. HUMANE STANDARDS AND RECORDKEEPING REQUIREMENTS AT AUCTION
SALES.
``The Secretary shall promulgate humane standards and recordkeeping
and reporting requirements to govern the purchase, sale, or handling of
animals by--
``(1) dealers, research facilities, exhibitors at auction
sales; and
``(2) by persons consigning animals to auction sales.''.
(b) Conforming Amendments.--
(1) Holding period.--Section 5 of the Animal Welfare Act (7
U.S.C. 2135) is amended by striking ``Secretary: Provided, That
operators of auction sales subject to section 12 of this Act''
and inserting ``Secretary, except that operators of auction
sales''.
(2) Research facility purchases.--Section 7 of the Animal
Welfare Act (7 U.S.C. 2137) is amended by striking ``subject to
section 12 of this Act''.
(3) Federal purchases.--Section 8 of the Animal Welfare Act
(7 U.S.C. 2138) is amended by striking ``subject to section 12
of this Act''.
(4) Agency relationship.--Section 9 of the Animal Welfare
Act (7 U.S.C. 2139) is amended by striking ``subject to section
12 of this Act''.
(5) Enforcement and penalties.--Section 19 of the Animal
Welfare Act (7 U.S.C. 2149) is amended--
(A) in subsections (b) and (c), by striking
``carrier, or operator of an auction sale subject to
section 12 of this Act,'' both places it appears and
inserting ``or carrier''; and
(B) in subsection (d), by striking ``, exhibitor,
or operator of an auction sale subject to section 12 of
this Act,'' and inserting ``or exhibitor''.
SEC. 6. ENFORCEMENT AND PENALTIES.
Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C.
2149), is amended to read as follows:
``(a) Suspension or Refusal To Renew License.--
``(1) Temporary and final orders.--If the Secretary has
reason to believe that a person licensed under this Act has
violated or is violating any provision of this Act (or the
regulations or standards issued under this Act), the Secretary
may suspend or refuse to renew the person's license
temporarily, but not to exceed 120 days except as provided in
paragraph (3). If after notice and opportunity for hearing the
violation is determined to have occurred, the Secretary may
suspend or refuse to renew the person's license for such
additional period as the Secretary may specify or revoke the
license. An order suspending, revoking, or refusing to renew a
license after notice and opportunity for hearing shall be
effective pending the final determination of the Secretary.
``(2) Notice of temporary action; licensee rights.--When
the Secretary temporarily suspends or refuses to renew a
license under paragraph (1), the Secretary shall promptly send
written notice to the licensee informing the licensee of the
following:
``(A) The nature of the alleged violation.
``(B) The time and place of the alleged violation.
``(C) The action of the Secretary in response to
the alleged violation.
``(D) The right of the licensee to request a
hearing on the matter only during the 10-day period
beginning on the date the licensee receives the written
notice.
``(3) Time for hearing.--A hearing on an alleged violation
shall be held within 30 days after the date on which the
Secretary receives the request for the hearing. However, unless
the licensee requests the hearing within 10 days of receipt of
the written notice, the licensee shall forfeit any right to a
hearing within such 30-day period, and the suspension or
refusal to renew shall remain in effect until a hearing is held
and the administrative law judge issues a decision and order.
``(4) Time for decision.--The administrative law judge
shall issue a decision and order within 30 days after the
conclusion of a hearing whenever a suspension or refusal to
renew is in effect.''.
SEC. 7. INJUNCTION AUTHORITY.
Subsection (a) of section 29 of the Animal Welfare Act (7 U.S.C.
2159) is amended to read as follows:
``(a) Request for Attorney General To Apply for Injunction.--
``(1) Request.--Whenever the Secretary has reason to
believe that a person described in paragraph (2) should be
enjoined from operating in violation of this Act or the
regulations and standards issued under this Act, the Secretary
shall notify the Attorney General. Upon notification, the
Attorney General may apply to the United States district court
for the district in which the person resides or conducts
business for a temporary restraining order or preliminary
injunction to prevent the person from operating in violation of
this Act or the regulations and standards prescribed under this
Act.
``(2) Circumstances for making request.--A person referred
to in paragraph (1) is a dealer, exhibitor, research facility,
carrier, or intermediate handler that the Secretary has reason
to believe--
``(A) is dealing in stolen animals;
``(B) is placing the health of any animal in danger
in violation of this Act or the regulations or
standards issued under this Act; or
``(C) is otherwise in violation of this Act or the
regulations and standards issued under this Act.
``(3) Dealing in animals.--For purposes of paragraph (2), a
person who engages in any of the activities described in
section 2(f)(1) shall be considered to be dealing in
animals.''.
|
Animal Welfare Act Amendments of 1997 - Amends the Animal Welfare Act to redefine "dealer," including delineation of auction operators and shelters or other facilities operated by or for a governmental entity.
Revises licensing (and exception) provisions. Prohibits license issuance or renewal to a person who: (1) loses a license for a violation of such Act or failure to pay a related civil penalty; or (2) has violated another animal welfare or species protection law or treaty.
Directs the Secretary of Agriculture to promulgate humane standards and recordkeeping requirements for animal auctions.
Sets forth enforcement and injunction provisions.
|
{"src": "billsum_train", "title": "Animal Welfare Act Amendments of 1997"}
| 2,753 | 142 | 0.545314 | 1.612335 | 0.707461 | 1.655462 | 21.084034 | 0.815126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Reducing
Unemployment Act''.
SEC. 2. STATEMENT OF APPROPRIATIONS.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2012.
Corporation for National and Community Service
operating expenses
For an additional amount for the Corporation for National and
Community Service to carry out the National and Community Service Act
of 1990, and notwithstanding sections 198B(b)(3), 198S(g),
501(a)(4)(C), 501(a)(4)(E), and 501(a)(5)(F) of such Act,
$7,892,775,570: Provided, That of such amount up to 1 percent of
program grant funds may be used to defray the costs of conducting grant
application reviews, including the use of outside peer reviewers and
electronic management of the grants cycle: Provided further, That
$1,878,275,570, to remain available until expended, shall be paid to
the National Service Trust for expenses authorized under subtitle D of
title I of such Act: Provided further, That in addition to the amounts
provided in the previous proviso, the Corporation may transfer funds
from the amounts allocated to grants under subtitle C of title I of
such Act, upon determination that such transfer is necessary to support
the activities of national service participants and after notice is
transmitted to the Congress: Provided further, That $9,800,000 shall be
available for expenses to carry out sections 112(e), 179A, and 198O and
subtitle J of title I of such Act, notwithstanding section 501(a)(6) of
such Act: Provided further, That $15,000,000 shall be available for
grants to public or private nonprofit institutions to increase the
participation of individuals with disabilities in national service and
for demonstration activities in furtherance of this purpose,
notwithstanding section 129(k)(1) of such Act: Provided further, That
$8,000,000 shall be available to provide assistance to State Service
Commissions, under section 126(a) of such Act and notwithstanding
section 501(a)(5)(B) of such Act.
salaries and expenses
For an additional amount for necessary expenses of administration
as provided under section 501(a)(5) of the National and Community
Service Act of 1990 including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference rooms in the
District of Columbia, and the employment of experts and consultants
authorized under section 3109 of title 5, United States Code,
$37,500,000.
office of inspector general
For an additional amount for necessary expenses of the Office of
Inspector General in carrying out the Inspector General Act of 1978,
$8,000,000.
SEC. 3. REQUIREMENT.
The funds appropriated in this section shall be used by the
Corporation toward the goal of increasing the number of national
service positions approved under subtitle C of title I of the 1990 Act
to 500,000. In carrying out this section, the Corporation shall give
preference to national service programs which propose to use full-time
national service positions.
SEC. 4. EXTENSION AND MODIFICATION OF PAYROLL TAX FORGIVENESS.
(a) Extension.--Paragraph (1) of section 3111(d) of the Internal
Revenue Code of 1986 is amended by inserting ``or on the day after the
date of the enactment of the Economic Growth and Reducing Unemployment
Act of 2011 and ending on December 31, 2012,'' after ``December 31,
2010,''.
(b) Modification.--
(1) Unemployment requirement.--Subparagraph (B) of section
3111(d)(3) of such Code is amended to read as follows:
``(B) certifies by signed affidavit (under
penalties of perjury) that such individual, during the
entire 27-week period ending on the hiring date--
``(i) was in receipt of unemployment
compensation under State or Federal law, or
``(ii) was unemployed and would have been
so in receipt but for having exhausted the
right to such unemployment compensation during
such period.''.
(2) Limitation.--Subsection (d) of section 3111 of such
Code is amended by adding at the end the following new
paragraph:
``(6) Limitation.--The aggregate reduction in tax imposed
under subsection (a) by reason of paragraph (1) with respect to
each qualified individual in the employer's employ shall not
exceed $5,000.''.
(c) Application to Railroad Retirement Taxes.--
(1) Extension.--Paragraph (1) of section 3221(c) of such
Code is amended by inserting ``or on the day after the date of
the enactment of the Economic Growth and Reducing Unemployment
Act of 2011 and ending on December 31, 2012,'' after ``December
31, 2010,''.
(2) Modification.--
(A) Unemployment requirement.--Subparagraph (B) of
section 3221(c)(3) of such Code is amended to read as
follows:
``(B) certifies by signed affidavit (under
penalties of perjury) that such individual, during the
entire 27-week period ending on the hiring date--
``(i) was in receipt of unemployment
compensation under State or Federal law, or
``(ii) was unemployed and would have been
so in receipt but for having exhausted the
right to such unemployment compensation during
such period.''.
(3) Limitation.--Subsection (c) of section 3221 of such
Code is amended by adding at the end the following new
paragraph:
``(6) Limitation.--The aggregate reduction in tax imposed
under subsection (a) by reason of paragraph (1) with respect to
each qualified individual in the employer's employ shall not
exceed $5,000.''.
(d) Special Rule for Certain Calendar Quarters.--For purposes of
section 3111(d) and 3221(c) of such Code, if the day after the date of
the enactment of this Act is not the first day of a calendar quarter,
then rules similar to the rules of section 3111(d)(5) and 3221(c)(5) of
such Code, respectively, shall apply with respect to the last calendar
quarter beginning before such day.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subsection shall apply to wages paid
after the date of the enactment of this Act.
(2) Railroad retirement taxes.--The amendments made by
subsection (d) shall apply to compensation paid after the date
of the enactment of this Act.
|
Economic Growth and Reducing Unemployment Act - Appropriates additional amounts in FY2012 for the Corporation for National and Community Service for carrying out the National and Community Service Act of 1990. Requires appropriated funds to be used to increase the number of national service positions under such Act to 500,000.
Appropriates additional amounts in FY2012 for the Office of Inspector General for carrying out the Inspector General Act of 1978.
Amends the Internal Revenue Code to extend the suspension of employment and railroad retirement taxes through December 31, 2012. Limits the aggregate reduction in taxes from such suspension to $5,000 per employee.
|
{"src": "billsum_train", "title": "To make supplemental appropriations to provide additional funds to Americorps for the fiscal year ending September 30, 2012, and to amend the Internal Revenue Code of 1986 to extend and modify payroll tax forgiveness."}
| 1,442 | 127 | 0.478204 | 1.435678 | 0.658854 | 2.342105 | 11.307018 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Awareness Training for
Health Care Act of 2014''.
SEC. 2. DEVELOPMENT OF BEST PRACTICES.
(a) Grant for Development of Best Practices.--Not later than 1 year
after the date of enactment of this Act, the Secretary of Health and
Human Services, acting through the Administrator of the Agency for
Healthcare Research and Quality, shall award, on a competitive basis, a
grant to an eligible school under which such school will--
(1) not later than 6 months after receipt of the award,
develop best practices for health care professionals--
(A) to recognize victims of a severe form of
trafficking; and
(B) to respond appropriately to such individuals;
(2) in developing best practices under paragraph (1),
survey, analyze, and evaluate existing best practices that
foster the practice of interprofessional collaboration,
including those used by industries other than the health care
industry, to determine the extent to which such existing best
practices may be adapted for use as part of the best practices
under paragraph (1);
(3) develop curricula, training modules, or materials to
train health care professionals on the best practices developed
under paragraph (1);
(4) not later than 12 months after the receipt of the
award, make a subgrant to one entity in each of the 10
administrative regions of the Department of Health and Human
Services--
(A) to design, implement, and evaluate a pilot
program using the best practices developed under
paragraph (1) and the curricula, training modules, or
materials developed under paragraph (3);
(B) to conduct the pilot program at one or more
eligible sites within the respective region, which may
include an eligible site that is a school-based health
center; and
(C) to complete the implementation and evaluation
of such pilot program with a period of 6 months;
(5) not later than 24 months after the receipt of the
award, analyze the results of the pilot programs conducted
through subgrants under paragraph (4), including analyzing--
(A) changes in the acquired skills, knowledge, and
attitude of health care professionals resulting from
the implementation of the programs;
(B) the number of victims of a severe form of
trafficking who are recognized under the programs;
(C) of those recognized, the number who received
information or referrals for services offered through
the programs; and
(D) of those who received such information or
referrals--
(i) the number who participated in followup
services; and
(ii) the type of followup services
received;
(6) determine, using the results of the analysis under
paragraph (5), the extent to which the best practices developed
under paragraph (1) are evidence-based; and
(7) submit a comprehensive assessment of the pilot programs
conducted through subgrants under paragraph (4) to the
Secretary of Health and Human Services, including an
identification of--
(A) the best practices that are determined pursuant
to paragraph (6) to be evidence-based; and
(B) the best practices that are determined pursuant
to such paragraph to require further review in order to
determine whether they are evidence-based.
(b) Contents.--The best practices developed through the grant
awarded under subsection (a)--
(1) shall address--
(A) indicators to recognize victims of a severe
form of trafficking;
(B) application of Federal and State law with
respect to victims of a severe form of trafficking;
(C) patient safety and security, including the
requirements of HIPAA privacy and security law as
applied to victims of a severe form of trafficking;
(D) the management of medical records of patients
who are victims of a severe form of trafficking;
(E) public and private social services available
for rescue, food, clothing, and shelter referrals;
(F) the hotlines for reporting human trafficking
maintained by the National Human Trafficking Resource
Center and the Department of Homeland Security; and
(G) assessment tools for the identification of
victims of a severe form of trafficking; and
(2) shall not address patient medical treatment.
(c) Dissemination.--Not later than 24 months after the award of a
grant to a school under subsection (a), the Secretary of Health and
Human Services, acting through the Administrator of the Agency for
Healthcare Research and Quality, shall--
(1) post on the public website of the Department of Health
and Human Services the best practices that are identified by
the school under subparagraphs (A) and (B) of subsection
(a)(7); and
(2) disseminate to health care profession schools the best
practices identified by the school under subsection (a)(7)(A)
and evaluation results.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``health care professional'' means a person
employed by a health care provider who provides to patients
information (including information not related to medical
treatment), scheduling, services, or referrals.
(2) The term ``HIPAA privacy and security law'' has the
meaning given to such term in section 3009 of the Public Health
Service Act (42 U.S.C. 300jj-19).
(3) The term ``victim of a severe form of trafficking'' has
the meaning given to such term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
(4) The term ``eligible school'' means an accredited school
of medicine or nursing with experience in the study or
treatment of victims of a severe form of trafficking.
(5) The term ``eligible site'' means a health center that
is receiving assistance under section 330, 399Z-1, or 1001 of
the Public Health Service Act (42 U.S.C. 254b, 300).
SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise available for
such purpose.
|
Trafficking Awareness Training for Health Care Act of 2014 - Requires the Administrator of the Agency for Healthcare Research and Quality to award one medical or nursing school a grant to develop best practices for health care professionals to recognize and respond appropriately to victims of severe forms of human trafficking. Requires the grantee to: (1) develop methods or materials to train health care professionals on best practices, (2) make a subgrant to one entity in each of the 10 administrative regions of the Department of Health and Human Services (HHS) to create a pilot program to test the best practices and training, and (3) analyze the results of the pilot programs and determine which best practices are evidence-based.Directs HHS to disseminate evidence-based best practices on their website and to health care profession schools.
|
{"src": "billsum_train", "title": "Trafficking Awareness Training for Health Care Act of 2014"}
| 1,299 | 171 | 0.652783 | 1.921038 | 0.964502 | 3.882353 | 8.326797 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Accountability Act''.
extension of brady background checks to gun shows
Sec. 2. (a) Findings.--Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees per
show and hundreds of Federal firearms licensees and nonlicensed
firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers, form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be traced
to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
(b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) Gun Show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which--
``(i) not less than 20 percent of the exhibitors
are firearm exhibitors;
``(ii) there are not less than 10 firearm
exhibitors; or
``(iii) 50 or more firearms are offered for sale,
transfer, or exchange.
``(36) Gun Show Promoter.--The term `gun show promoter' means any
person who organizes, plans, promotes, or operates a gun show.
``(37) Gun Show Vendor.--The term `gun show vendor' means any
person who exhibits, sells, offers for sale, transfers, or exchanges 1
or more firearms at a gun show, regardless of whether or not the person
arranges with the gun show promoter for a fixed location from which to
exhibit, sell, offer for sale, transfer, or exchange 1 or more
firearms.''.
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as defined in
section 1028(d)(1)) of the vendor containing a photograph of
the vendor;
``(2) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter; and
``(3) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe;
``(4) maintains a copy of the records described in
paragraphs (1) and (2) at the permanent place of business of
the gun show promoter for such period of time and in such form
as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(3) Absence of recordkeeping requirement.--Nothing in
this section shall permit or authorize the Secretary to impose
recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirements of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary
by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the
Secretary; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Secretary a report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (c)(4).
``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
931, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever willfully violates section 931(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(D) Whoever knowingly violates subsection (c) or (f) of section
931 shall be fined under this title, imprisoned not more than 5 years,
or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who knowingly
violates any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end
the following:
``931. Regulation of firearms transfers at gun shows.''; and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''.
(d) Inspection Authority.--Section 923(g)(1) of title 18, United
States Code, is amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B), the Secretary may enter
during business hours the place of business of any gun show promoter
and any place where a gun show is held for the purposes of examining
the records required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry and
examination shall be conducted for the purposes of determining
compliance with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not require a showing of
reasonable cause or a warrant.''.
(e) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(f) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924 of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(g) Gun Owner Privacy and Prevention of Fraud and Abuse of System
Information.--Section 922(t)(2)(C) of title 18, United States Code, is
amended by inserting ``as soon as possible, consistent with the
responsibility of the Attorney General under section 103(h) of the
Brady Handgun Violence Prevention Act, to ensure the privacy and
security of the system and to prevent system fraud and abuse, but in no
event later than 90 days after the date on which the licensee first
contacts the system with respect to the transfer'' before the period.
(h) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
|
Gun Show Accountability Act - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) first verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (3) first requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (4) notifying each attendee of requirements under the Act; and (5) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require.
Sets forth provisions regarding: (1) responsibilities of transferors and transferees other than licensees, including criminal background check requirements; and (2) records of licensee transfers.
Sets penalties for violations of this Act.
Authorizes the Secretary to enter during business hours the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant.
Increases penalties for: (1) serious recordkeeping violations by licensees; and (2) violations of criminal background check requirements.
Amends the Brady Act to require the national instant criminal background check system, if receipt of a firearm would not violate the Act or State law, to destroy records of the system relating to the call and to the person or transfer (current law) as soon as possible but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer.
|
{"src": "billsum_train", "title": "Gun Show Accountability Act"}
| 3,841 | 378 | 0.539925 | 1.755576 | 0.67313 | 3.740525 | 10.341108 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Investments in Recruiting
and Employing American Military Veterans Act of 2016'' or the ``HIRE
Vets Act''.
SEC. 2. HIRE VETS MEDALLION PROGRAM.
(a) Program Established.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor shall establish, by rule,
a HIRE Vets Medallion Program to solicit voluntary information from
employers for purposes of recognizing, by means of an award to be
designated a ``HIRE Vets Medallion'', verified efforts by such
employers--
(1) to recruit, employ, and retain veterans; and
(2) to provide community and charitable services supporting
the veteran community.
(b) Application Process.--Beginning in the calendar year following
the calendar year in which the Secretary establishes the program--
(1) the Secretary shall annually--
(A) solicit and accept voluntary applications from
employers in order to consider whether those employers
should receive a HIRE Vets Medallion;
(B) review applications received in each calendar
year; and
(C) provide to the President a list of recipients;
and
(2) the President shall annually--
(A) notify such recipients of their awards; and
(B) at a time to coincide with the annual
commemoration of Veterans Day--
(i) announce the names of such recipients;
(ii) recognize such recipients through
publication in the Federal Register; and
(iii) issue to each such recipient--
(I) a HIRE Vets Medallion of the
level determined under section 3; and
(II) a certificate stating that
such employer is entitled to display
such HIRE Vets Medallion during the
following calendar year, to be
designated a ``HIRE Vets Medallion
Certificate''.
(c) Timing.--
(1) Solicitation period.--The Secretary shall solicit
applications not later than January 31st of each calendar year
for the medallions to be awarded in November of that calendar
year.
(2) End of acceptance period.--The Secretary shall stop
accepting applications not earlier than April 30th of each
calendar year for the medallions to be awarded in November of
that calendar year.
(3) Review period.--The Secretary shall finish reviewing
applications not later than August 31st of each calendar year
for the medallions to be awarded in November of that calendar
year.
(4) Recommendations to president.--The Secretary shall
provide to the President a list of employers to receive HIRE
Vets Medallions not later than September 30th of each calendar
year for the medallions to be awarded in November of that
calendar year.
(5) Notice to recipients.--The President shall notify
employers who will receive HIRE Vets Medallions not later than
October 11th of each calendar year for the medallions to be
awarded in November of that calendar year.
SEC. 3. SELECTION OF RECIPIENTS.
(a) Application Review Process.--
(1) In general.--The Secretary shall review all
applications received in a calendar year to determine whether
an employer should receive a HIRE Vets Medallion, and, if so,
of what level.
(2) Application contents.--The Secretary shall require that
all applications provide information on the programs and other
efforts of applicant employers during the calendar year prior
to that in which the medallion is to be awarded, including the
categories and activities governing the level of award for
which the applicant is eligible under subsection (b).
(3) Verification.--In reviewing applications, the Secretary
shall verify all information provided in the applications, to
the extent that such information is relevant in determining
whether or not an applicant should receive a HIRE Vets
Medallion or in determining the appropriate level of HIRE Vets
Medallion for that employer to receive.
(b) Awards.--
(1) Large employers.--
(A) In general.--The Secretary shall establish two
levels of HIRE Vets Medallions to be awarded to
employers employing 500 or more employees, to be
designated the ``Gold HIRE Vets Medallion'' and the
``Platinum HIRE Vets Medallion''.
(B) Gold hire vets medallion.--No employer shall be
eligible to receive a Gold HIRE Vets Medallion in a
given calendar year unless--
(i) veterans constitute not less than 7
percent of all employees hired by such employer
during the prior calendar year;
(ii) such employer has established an
employee veteran organization or resource group
to assist new veteran employees with
integration, including coaching and mentoring;
and
(iii) such employer has established
programs to enhance the leadership skills of
veteran employees during their employment.
(C) Platinum hire vets medallion.--No employer
shall be eligible to receive a Platinum HIRE Vets
Medallion in a given calendar year unless--
(i) veterans constitute not less than 10
percent of all employees hired by such employer
during the prior calendar year;
(ii) such employer retains through the end
of the prior calendar year not less than 85
percent of veteran employees hired during the
calendar year before the prior calendar year;
(iii) such employer employs dedicated human
resources professionals to support hiring and
retention of veteran employees, including
efforts focused on veteran hiring and training;
(iv) such employer provides each of its
employees serving on active duty in the United
States National Guard or Reserve with
compensation sufficient, in combination with
the employee's active duty pay, to achieve a
combined level of income commensurate with the
employee's salary prior to undertaking active
duty; and
(v) such employer has established a tuition
assistance program to support veteran
employees' attendance in postsecondary
education during the term of their employment.
(D) Exemption for smaller employers.--An employer
shall be deemed to meet the requirements of
subparagraph (C)(iv) if such employer--
(i) employs 5,000 or fewer employees; and
(ii) employs at least one human resources
professional whose regular work duties include
those described under subparagraph (C)(iii).
(E) Additional criteria.--The Secretary may
provide, by rule, additional criteria with which to
determine qualifications for receipt of each level of
HIRE Vets Medallion.
(2) Small- and medium-sized employers.--The Secretary shall
establish similar awards in order to recognize achievements in
supporting veterans by--
(A) employers with 50 or fewer employees; and
(B) employers with more than 50 but fewer than 500
employees.
(c) Design by Secretary.--The Secretary shall establish the shape,
form, and metallic content of each HIRE Vets Medallion.
SEC. 4. DISPLAY OF AWARD.
(a) In General.--The recipient of a HIRE Vets Medallion may--
(1) publicly display such medallion through the end of the
calendar year following receipt of such medallion; and
(2) publicly display the HIRE Vets Medallion Certificate
issued in conjunction with such medallion.
(b) Unlawful Display Prohibited.--It is unlawful for any employer
to publicly display a HIRE Vets Medallion, in connection with, or as a
part of, any advertisement, solicitation, business activity, or
product--
(1) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the medallion through the HIRE Vets Medallion Program,
if such employer did not receive such medallion through the
HIRE Vets Medallion Program; or
(2) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the medallion through the HIRE Vets Medallion Program
during the preceding calendar year if it is after the end of
the calendar year following the calendar year in which such
medallion was issued to such employer through the HIRE Vets
Medallion Program.
SEC. 5. APPLICATION FEE AND FUNDING.
(a) Fund Established.--There is established in the Treasury of the
United States a fund to be designated the ``HIRE Vets Medallion Award
Fund''.
(b) Fee Authorized.--The Secretary may assess a reasonable fee on
employers that apply for receipt of a HIRE Vets Medallion and the
Secretary shall deposit such fees into the HIRE Vets Medallion Award
Fund. The Secretary shall establish the amount of the fee such that the
amounts collected as fees and deposited into the Fund are sufficient to
cover the costs associated with carrying out this Act.
(c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund
shall be available, subject to appropriation, to the Secretary to carry
out the HIRE Vets Medallion Program.
SEC. 6. REPORT TO CONGRESS.
(a) Reports.--Beginning not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress annual
reports on--
(1) the fees collected from applicants for HIRE Vets
Medallions in the prior year and any changes in fees to be
proposed in the present year;
(2) the cost of administering the HIRE Vets Medallion
Program in the prior year;
(3) the number of applications for HIRE Vets Medallions
received in the prior year; and
(4) the HIRE Vets Medallions awarded in the prior year,
including the name of each employer to whom a HIRE Vets
Medallion was awarded and the level of medallion awarded to
each such employer.
(b) Committees.--The Secretary shall provide the reports required
under subsection (a) to the Chairman and Ranking Member of--
(1) the Committees on Education and the Workforce and
Veterans' Affairs of the House of Representatives; and
(2) the Committees on Health, Education, Labor, and
Pensions and Veterans' Affairs of the Senate.
SEC. 7. DEFINITIONS.
In this Act:
(a) Employer.--The term ``employer'' has the meaning given such
term under section 4303 of title 38, United States Code, except that
such term does not include--
(1) the Federal Government;
(2) any State, as defined in such section; or
(3) any foreign state.
(b) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(c) Veteran.--The term ``veteran'' has the meaning given such term
under section 101 of title 38, United States Code.
Passed the House of Representatives November 29, 2016.
Attest:
KAREN L. HAAS,
Clerk.
|
Honoring Investments in Recruiting and Employing American Military Veterans Act of 2016 or the HIRE Vets Act (Sec. 2) This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by the award of a HIRE Vets Medallion, verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community. Labor shall annually: (1) solicit voluntary medallion applications from employers, and (2) review applications and present the President with a list of recipients. The President shall annually present the medallion and corresponding certificate to recipients at a time to coincide with the annual commemoration of Veterans Day. Labor shall begin soliciting applications by January 31, stop accepting applications not earlier than April 30, and finish application review by August 31. The President shall notify chosen applicants no later than October 11. Medallions shall be awarded in November. (Sec. 3) Labor shall establish two levels of medallions for large and small employers, to be designated the Gold HIRE Vets Medallion and the Platinum HIRE Vets Medallion. The bill prescribes awards criteria. (Sec. 4) A recipient: (1) may publicly display the medallion and certificate through the end of the calendar year, and (2) may not publicly display the award as part of any advertisement implying receipt of the award for any calendar year other than the one in which it was awarded. (Sec. 5) The bill establishes the HIRE Vets Medallion Award Fund. Labor may assess a reasonable medallion application fee and shall deposit such fees into the fund. (Sec. 6) Beginning two years after enactment of this bill, Labor shall submit annual reports on fees, program costs, the number of applications, and the medallions awarded, including the name and medallion level of each recipient. (Sec. 7) The bill excludes from the definition of "employer" the federal government, any state, or any foreign state.
|
{"src": "billsum_train", "title": "Honoring Investments in Recruiting and Employing American Military Veterans Act of 2016"}
| 2,308 | 448 | 0.797639 | 2.658697 | 0.794188 | 2.972081 | 5.27665 | 0.92132 |
SECTION 1. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF
PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``June 30, 1999'' and inserting ``June 30,
2004''.
(b) Effective Date.--
(1) In general.--The amendment made by this section applies
to articles entered on or after the date of the enactment of
this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) General rule.--Notwithstanding section 514 of
the Tariff Act of 1930 or any other provision of law,
and subject to paragraph (3), any entry--
(i) of an article to which duty-free
treatment under title V of the Trade Act of
1974 would have applied if such entry had been
made on June 30, 1999, and
(ii) that was made--
(I) after June 30, 1999, and
(II) before the date of enactment
of this Act,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any duty
paid with respect to such entry.
(B) Entry.--As used in this paragraph, the term
``entry'' includes a withdrawal from warehouse for
consumption.
(3) Requests.--Liquidation or reliquidation may be made
under paragraph (2) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of enactment of this Act, that contains
sufficient information to enable the Customs Service--
(A) to locate the entry, or
(B) to reconstruct the entry if it cannot be
located.
SEC. 2. ENTRY PROCEDURES FOR FOREIGN TRADE ZONE OPERATIONS.
(a) In General.--Section 484 of the Tariff Act of 1930 (19 U.S.C.
1484) is amended by adding at the end the following new subsection:
``(i) Special Rule For Foreign Trade Zone Operations.--
``(1) In general.--Notwithstanding any other provision of
law and except as provided in paragraph (3), all merchandise
(including merchandise of different classes, types, and
categories), withdrawn from a foreign trade zone during any 7-
day period, shall, at the option of the operator or user of the
zone, be the subject of a single estimated entry or release
filed on or before the first day of the 7-day period in which
the merchandise is to be withdrawn from the zone. The estimated
entry or release shall be treated as a single entry and a
single release of merchandise for purposes of section
13031(a)(9)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)(A)) and all fee
exclusions and limitations of such section 13031 shall apply,
including the maximum and minimum fee amounts provided for
under subsection (b)(8)(A)(i) of such section. The entry
summary for the estimated entry or release shall cover only the
merchandise actually withdrawn from the foreign trade zone
during the 7-day period.
``(2) Other requirements.-- The Secretary of the Treasury
may require that the operator or user of the zone--
``(A) use an electronic data interchange approved
by the Customs Service--
``(i) to file the entries described in
paragraph (1); and
``(ii) to pay the applicable duties, fees,
and taxes with respect to the entries; and
``(B) satisfy the Customs Service that accounting,
transportation, and other controls over the merchandise
are adequate to protect the revenue and meet the
requirements of other Federal agencies.
``(3) Exception.--The provisions of paragraph (1) shall not
apply to merchandise the entry of which is prohibited by law or
merchandise for which the filing of an entry summary is
required before the merchandise is released from customs
custody.
``(4) Foreign trade zone; zone.--In this subsection, the
terms `foreign trade zone' and `zone' mean a zone established
pursuant to the Act of June 18, 1934, commonly known as the
Foreign Trade Zones Act (19 U.S.C. 81a et seq.).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
SEC. 3. MODIFICATION OF INSTALLMENT METHOD AND REPEAL OF INSTALLMENT
METHOD FOR ACCRUAL METHOD TAXPAYERS.
(a) Repeal of Installment Method for Accrual Basis Taxpayers.--
(1) In general.--Subsection (a) of section 453 of the
Internal Revenue Code of 1986 (relating to installment method)
is amended to read as follows:
``(a) Use of Installment Method.--
``(1) In general.--Except as otherwise provided in this
section, income from an installment sale shall be taken into
account for purposes of this title under the installment
method.
``(2) Accrual method taxpayer.--The installment method
shall not apply to income from an installment sale if such
income would be reported under an accrual method of accounting
without regard to this section. The preceding sentence shall
not apply to a disposition described in subparagraph (A) or (B)
of subsection (l)(2).''
(2) Conforming amendments.--Sections 453(d)(1), 453(i)(1),
and 453(k) of such Code are each amended by striking ``(a)''
each place it appears and inserting ``(a)(1)''.
(b) Modification of Pledge Rules.--Paragraph (4) of section 453A(d)
of the Internal Revenue Code of 1986 (relating to pledges, etc., of
installment obligations) is amended by adding at the end the following:
``A payment shall be treated as directly secured by an interest in an
installment obligation to the extent an arrangement allows the taxpayer
to satisfy all or a portion of the indebtedness with the installment
obligation.''
(c) Effective Date.--The amendments made by this section shall
apply to sales or other dispositions occurring on or after the date of
the enactment of this Act.
|
Provides, upon request filed with the Customs Service, for the liquidation or reliquidation (refund of duties) on entries of articles to which duty-free treatment under the Generalized System of Preferences would have applied if such entry had been made on June 30, 1999, and that was made after such date, but before enactment of this Act.
Amends the Tariff Act of 1930 to require, with a specified exception, merchandise (including merchandise of different classes, types, and categories) withdrawn from a foreign trade zone during any seven-day period to be treated upon entry (at the option of the operator or user of the zone) as a single entry and a single release of merchandise for purposes of customs user fees. Authorizes the Secretary of the Treasury to require an operator or user of the zone to use an electronic data interchange to file such entries and to pay such user fees.
Amends the Internal Revenue Code to prohibit, in general, the use of the installment method of accounting for accrual method dispositions.
|
{"src": "billsum_train", "title": "An original bill to extend the Generalized System of Preferences."}
| 1,429 | 225 | 0.63299 | 1.960378 | 0.774061 | 4.111111 | 6.247475 | 0.939394 |
SECTION 1. ECONOMIC AND EMPLOYMENT IMPACT ACT.
(a) Short Title.--This Act may be cited as the ``Economic and
Employment Impact Act''.
(b) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) compliance with Federal regulations is
estimated to cost the private sector and State and
local governments as much as $850,000,000,000 a year;
(B) excessive Federal regulation and mandates
increase the cost of doing business and thus hinder
economic growth and employment opportunities;
(C) State and local governments are forced to
absorb the cost of unfunded Federal mandates; and
(D) in addition to budget and deficit estimates,
Congress and the executive branch decision makers need
to be aware of regulatory cost impacts of proposed
Federal actions on the private sector and State, local,
and tribal governments.
(2) Purposes.--The purposes of this section are--
(A) to ensure that the people of the United States
are fully apprised of the impact of Federal legislative
and regulatory activity on economic growth and
employment;
(B) to require both the Congress and the executive
branch to acknowledge and to take responsibility for
the fiscal and economic effects of legislative and
regulatory actions and activities;
(C) to provide a means to ensure that congressional
and executive branch action are focused on enhancing
economic growth and providing increased job
opportunities for the people of the United States; and
(D) to protect against congressional or executive
branch actions which hinder economic growth or
eliminate jobs for the people of the United States.
(c) Economic and Employment Impact Statements for Legislation.--
(1) Preparation.--The Director of the Congressional Budget
Office (referred to as the ``Director'') shall prepare an
economic and employment impact statement, as described in
paragraph (2), to accompany each bill or joint resolution
reported by any committee (except the Committee on
Appropriations) of the House of Representatives or the Senate
or considered on the floor of either House.
(2) Contents.--The economic and employment impact statement
required by paragraph (1) shall include the following:
(A) An estimate of the numbers of individuals and
businesses who would be regulated by the bill or joint
resolution and a determination of the groups and
classes of such individuals and businesses;
(B) A determination of the economic impact of such
regulation on individuals, consumers, and businesses
affected.
(C)(i) An estimate of the costs which would be
incurred by the private sector in carrying out or
complying with such bill or joint resolution in the
fiscal year in which it is to become effective, and in
each of the 4 fiscal years following such fiscal year,
together with the basis for each such estimate.
(ii) Estimates required by this subparagraph shall
include specific data on costs imposed on groups and
classes of individuals and businesses, including small
business and consumers, and employment impacts on those
individuals and businesses.
(D) An estimate of the costs that would be incurred
by State and local governments, which shall include--
(i) the estimates required by section 403
of the Congressional Budget Act of 1974; and
(ii) an evaluation of the extent of the
costs of the Federal mandates arising from such
bill or joint resolution in comparison with
funding assistance provided by the Federal
Government to address the costs of complying
with such mandates.
(3) Report not available.--If compliance with the
requirements of paragraph (1) is impracticable, the Director
shall submit a statement setting forth the reasons for
noncompliance.
(4) Statement to accompany committee reports.--The economic
and employment impact statement required by this subsection
shall accompany each bill or joint resolution reported or
otherwise considered on the floor of either House. Such
statement shall be printed in the committee report upon timely
submission to the committee. If not timely filed or otherwise
unavailable for publication in the committee report, the
economic and regulatory statement shall be published in the
Congressional Record not less than 2 calendar days prior to any
floor consideration of a bill or joint resolution subject to
the provisions of this subsection by either House.
(5) Committee statements optional.--Nothing in this
subsection shall be construed to modify or otherwise affect the
requirements of paragraph 11(b) of rule XXVI of the Standing
Rules of the Senate, regarding preparation of an evaluation of
regulatory impact.
(d) Economic and Employment Impact Statement for Executive Branch
Regulations.--
(1) Preparation.--Each Federal department or executive
branch agency shall prepare an economic and employment impact
statement, as described in paragraph (2), to accompany
regulatory actions.
(2) Contents.--The economic and employment impact statement
required by paragraph (1) shall include the following:
(A) An estimate of the numbers of individuals and
businesses who would be regulated by the regulatory
action and a determination of the groups and classes of
such individuals and businesses.
(B) A determination of the economic impact of such
regulation on individuals, consumers, and businesses
affected.
(C)(i) An estimate of the costs which would be
incurred by the private sector in carrying out or
complying with such regulatory action in the fiscal
year in which it is to become effective and in each of
the 4 fiscal years following such fiscal year, together
with the basis for each such estimate.
(ii) The estimate required by this subparagraph
shall include specific data on costs on groups and
classes of individuals and businesses, including small
business and consumers, and employment impacts on those
individuals and businesses.
(D) An estimate of the costs that would be incurred
by State and local governments, which shall include--
(i) an estimate of cost which would be
incurred by State and local governments in
carrying out or complying with the regulatory
action in the fiscal year in which it is to
become effective and in each of the 4 fiscal
years following such fiscal year, together with
the basis for such estimate;
(ii) a comparison of the estimates of costs
described in clause (i), with any available
estimates of costs made by any Federal or State
agency;
(iii) if the agency determines that the
regulatory action is likely to result in annual
cost to State and local governments of
$200,000,000 or more, or is likely to have
exceptional fiscal consequences for a
geographic region or a particular level of
government, a statement by the agency detailing
such results or consequences; and
(iv) an evaluation of the extent of the
costs of the Federal mandates arising from the
regulatory action in comparison with funding
assistance provided by the Federal Government
to address the costs of complying with such
mandates.
(4) Report not available.--If compliance with the
requirements of paragraph (1) is impracticable, the agency or
department shall submit a statement setting forth the reasons
for noncompliance.
(5) Statement to accompany federal regulatory actions.--The
economic and employment impact statement with respect to a
regulatory action required by this subsection shall be
published in the Federal Register together with the publication
of such regulatory action. If the regulatory action is not
published in the Federal Register, the economic and employment
impact statement shall be made available to the public in a
timely manner.
(6) Definition of ``regulatory action''.--For purposes of
this subsection, the term ``regulatory action'' means any
substantive action by a Federal agency (required to be or
customarily published in the Federal Register) that promulgates
or is expected to lead to the promulgation of a final rule or
regulation, including notices of inquiry, advance notices of
proposed rulemaking, notices of proposed rulemaking, interim
final rules, and final rules and regulations.
(e) Provision for National Security Emergency Waiver.--
(1) Congressional economic impact statements.--The Congress
may waive the requirements of subsection (c) at any time in
which a declaration of war is in effect, or in response to a
national security emergency at the request of the President.
(2) Executive regulations economic impact statements.--The
President may waive the requirements of subsection (d) at any
time in which a declaration of war is in effect, or in response
to a national security emergency as determined by the President
in consultation with Congress.
|
Economic and Employment Impact Act - Requires the Director of the Congressional Budget Office to prepare an economic and employment impact statement to accompany each bill or joint resolution reported by any congressional committee (except the Committee on Appropriations) or considered on the floor of either House. Requires such statement to include: (1) an estimate of the numbers of individuals and businesses who would be regulated by the legislation and their groups and classes; (2) the economic impact of such regulation on individuals, consumers, and businesses affected; and (3) an estimate of costs which would be incurred by the private sector in complying with such legislation in each of the five fiscal years after it is to become effective, together with the basis for each such estimate, and of costs which would be incurred by State and local governments.
Requires the statement to be printed in the committee report and, if unavailable for such publication, published in the Congressional Record within two calendar days before any floor consideration of the legislation by either House.
Requires each executive department and agency to prepare such a statement to accompany regulatory actions, publish the statement in the Federal Register together with the regulatory action, and make the statement available to the public if such action is not published in the Federal Register.
Provides that nothing in this Act shall be construed to modify or otherwise affect the requirements of rule XXVI of the Standing Rules of the Senate regarding committee preparation of an evaluation of regulatory impact with respect to legislation.
Requires the Director, department, or agency to submit a statement setting forth the reasons if it is impracticable to comply with this Act.
Sets forth provisions authorizing a national security emergency waiver of Act requirements under specified circumstances.
|
{"src": "billsum_train", "title": "Economic and Employment Impact Act"}
| 1,719 | 361 | 0.65248 | 2.073612 | 0.881702 | 3.78852 | 5.117825 | 0.912387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Water
Commission Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Nation's water resources will be under increasing
stress and pressure in the coming decades;
(2) a thorough assessment of technological and economic
advances that can be employed to increase water supplies or
otherwise meet water needs in every region of the country is
important and long overdue; and
(3) a comprehensive strategy to increase water availability
and ensure safe, adequate, reliable, and sustainable water
supplies is vital to the economic and environmental future of
the Nation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Twenty-First
Century Water Commission'' (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES.
The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional assessments as may be necessary to project future
water supply and demand;
(2) study current water management programs of Federal,
Interstate, State, and local agencies, and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(3) consult with representatives of such agencies and
entities to develop recommendations consistent with laws,
treaties, decrees, and interstate compacts for a comprehensive
water strategy which--
(A) respects the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identifies incentives intended to ensure an
adequate and dependable supply of water to meet the
needs of the United States for the next 50 years;
(C) suggests strategies that avoid increased
mandates on State and local governments;
(D) eliminates duplication and conflict among
Federal governmental programs;
(E) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding the
environment;
(F) recommends means of capturing excess water and
flood water for conservation and use in the event of a
drought;
(G) suggests financing options for comprehensive
water management projects and for appropriate public
works projects;
(H) suggests strategies to conserve existing water
supplies, including recommendations for repairing aging
infrastructure; and
(I) includes other objectives related to the
effective management of the water supply to ensure
reliability, availability, and quality, which the
Commission shall consider appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members who shall be appointed not later than 90 days after the date of
enactment of this Act. Member shall be appointed as follows:
(1) 5 members appointed by the President;
(2) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives; and
(3) 2 members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate.
(b) Qualifications.--Members shall be appointed to the Commission
from among individuals who--
(1) are of recognized standing and distinction in water
policy issues; and
(2) while serving on the Commission, do not hold any other
position as an officer or employee of the United States, except
as a retired officer or retired civilian employee of the United
States.
(c) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members represent a broad
cross section of regional and geographical perspectives in the United
States.
(d) Chairperson.--The Chairperson of the Commission shall be
designated by the President.
(e) Terms.--Members of the Commission shall be appointed not later
than 90 days after the date of enactment of this Act and shall serve
for the life of the Commission.
(f) Vacancies.--A vacancy on the Commission shall not affect its
operation, and shall be filled in the same manner as the original
appointment provided under subsection (a).
(g) Compensation and Travel Expenses.--Members of the Commission
shall serve without compensation, except members shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57, United States
Code.
SEC. 6. MEETINGS AND QUORUM.
(a) Meetings.--The Commission shall hold its first meeting not
later than 60 days after the date on which all members have been
appointed under section 5, and shall hold additional meetings at the
call of the Chairperson or a majority of its members.
(b) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
SEC. 7. DIRECTOR AND STAFF.
A Director shall be appointed by the Speaker of the House of
Representatives and the Majority Leader of the Senate, in consultation
with the Minority Leader and chairmen of the Resources and
Transportation and Infrustructure Committees of the House of
Representatives, and the Minority Leader and chairmen of the Energy and
Natural Resources and Environment and Public Works Committees of the
Senate. The Director and any staff reporting to the Director shall be
paid a rate of pay not to exceed the maximum rate of basic pay for GS-
15 of the General Schedule.
SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold no fewer than 10 hearings
during the life of the Commission. Hearings may be held in conjunction
with meetings of the Commission. The Commission may take such testimony
and receive such evidence as the Commission considers appropriate to
carry out this Act. At least 1 hearing shall be held in Washington,
D.C., for the purpose of taking testimony of representatives of Federal
agencies, national organizations, and Members of Congress. Other
hearings shall be scheduled in distinct geographical regions of the
United States and should seek to ensure testimony from individuals with
a diversity of experiences, including those who work on water issues at
all levels of government and in the private sector.
(b) Information and Support From Federal Agencies.--Upon request of
the Commission, any Federal agency shall--
(1) provide to the Commission, within 30 days of its
request, such information as the Commission considers necessary
to carry out the provisions of this Act; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out the provisions of this Act, in
accordance with section 5(b)(5), Appendix, title 5, United
States Code.
SEC. 9. REPORTS.
(a) Interim Reports.--Not later than 6 months after the date of the
first meeting of the Commission, and every 6 months thereafter, the
Commission shall transmit an interim report containing a detailed
summary of its progress, including meetings and hearings conducted in
the interim period, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(b) Final Report.--As soon as practicable, but not later than 3
years after the date of the first meeting of the Commission, the
Commission shall transmit a final report containing a detailed
statement of the findings and conclusions of the Commission, and
recommendations for legislation and other policies to implement such
findings and conclusions, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
SEC. 10. TERMINATION.
The Commission shall terminate not later than 30 days after the
date on which the Commission transmits a final report under section
7(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000 to carry out
this Act.
Passed the House of Representatives November 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
|
Twenty-First Century Water Commission Act of 2003 - Establishes the Twenty-First Century Water Commission to: (1) use existing water assessments and conduct additional assessments necessary to project future water supply and demand; (2) study Federal, interstate, State, and local agency and private entity water management programs directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy that respects the primary role of States in regulating water rights and uses, identifies incentives for ensuring an adequate and dependable supply of water to meet U.S. needs for the next 50 years, considers all available technologies for increasing water supply reliability while safeguarding the environment, suggests financing options, and suggests strategies to conserve existing water supplies.
Provides for the appointment of Commission members by the President and congressional leaders.
Requires the Commission to hold no fewer than ten hearings and to transmit interim reports and a final report to the President and specified congressional committees. Requires the Commission to terminate no later than 30 days after it transmits its final report.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "To establish the \"Twenty-First Century Water Commission\" to study and develop recommendations for a comprehensive water strategy to address future water needs."}
| 1,750 | 264 | 0.744361 | 2.08442 | 1.041976 | 4.42735 | 7.192308 | 0.940171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Capacity Relief Act''.
SEC. 2. TRANSFER OF STUDENTS TO SCHOOLS AT OR ABOVE CAPACITY.
(a) In General.--Paragraph (1) of section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended--
(1) in subparagraph (E)(i), by striking ``In the case of a
school'' and inserting ``Subject to clauses (ii) and (iii) of
subparagraph (F), in the case of a school''; and
(2) in subparagraph (F)--
(A) by striking ``(F) Transfer.--Students who use''
and inserting the following:
``(F) Transfer.--
``(i) In general.--Students who use''; and
(B) by adding at the end the following:
``(ii) Transfer to school above capacity.--
Subject to the right of a child who has been
transferred to another school under this
subsection to remain in that school under
paragraph (13), a local educational agency may
prohibit the transfer under subparagraph (E),
paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or
subsection (c)(10)(C)(vii), of any student to a
school served by the agency, if the agency
determines (for purposes of the school year at
issue) that the school is at or above capacity
or that the transfer of an additional student
would increase the average class size of the
school above the average class size prescribed
by the State.
``(iii) No mandatory increase of
capacity.--A local educational agency may not
be required to increase the capacity of any
school served by the agency for the purpose of
transferring any student to that school under
subparagraph (E), paragraph (5)(A), (7)(C)(i),
or (8)(A)(i), or subsection (c)(10)(C)(vii).''.
(b) Cooperative Agreement.--Paragraph (11) of section 1116(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(11)) is amended to read as follows:
``(11) Cooperative agreement.--In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or
subsection (c)(10)(C)(vii), if all public schools served by the
local educational agency to which a child may transfer are
identified for school improvement, corrective action, or
restructuring, or are determined by the agency to be at or
above capacity or otherwise ineligible for a transfer under
paragraph (1)(F)(ii), the agency shall, to the extent
practicable, establish a cooperative agreement with other local
educational agencies in the area for a transfer.''.
SEC. 3. GRANTS FOR INCREASING SCHOOL CAPACITY.
(a) Grants.--Title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the
following:
``PART D--INCREASING SCHOOL CAPACITY
``SEC. 4401. GRANTS.
``(a) Authority.--The Secretary may award grants to eligible local
educational agencies for the purpose of increasing capacity at high-
performance schools.
``(b) Use of Funds.--The Secretary may not make a grant under this
section unless the eligible local educational agency involved agrees
that the agency will use the funds received under the grant only for
measures to increase the capacity of high-performance schools served by
that agency. Such measures may include renovating or constructing
facilities at the high-performance school involved, hiring teachers to
teach at such school, or purchasing instructional materials for use at
such school.
``(c) Application.--To seek a grant under this section, an eligible
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.
``SEC. 4402. DEFINITIONS.
``For purposes of this part:
``(1) The term `eligible local educational agency' means a
local educational agency with a high percentage or number of
students at schools identified for school improvement,
corrective action, or restructuring under section 1116(b).
``(2) The term `high-performance school' means a school
that is not identified for school improvement, corrective
action, or restructuring under section 1116(b).
``SEC. 4403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2004 through
2007.''.
(b) Conforming Amendment.--The table of contents at section 2 of
the Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 4304 the following:
``Part D--Increasing School Capacity
``Sec. 4401. Grants.
``Sec. 4402. Definitions.
``Sec. 4403. Authorization of appropriations.''.
SEC. 4. ESTABLISHMENT OF LIMITS ON DURATION OR DISTANCE OF
TRANSPORTATION PROVIDED TO TRANSFERRING STUDENTS.
Paragraph (9) of section 1116(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(9)) is amended by inserting
before the period the following: ``, unless the agency establishes a
limit on the duration or distance of transportation to be provided or
paid for under this paragraph and determines that transporting the
student would exceed such limit.''.
|
School Capacity Relief Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize local educational agencies (LEAs) to prohibit the transfer of students from schools identified for school improvement to another school if that school is at or above capacity or if such transfer would increase that school's average class size above what the State prescribes.Provides that children retain certain rights to remain in schools to which they have already been transferred under ESEA school improvement provisions.Requires an LEA to enter into a cooperative agreement for school transfers with another LEA in the area, if all of the LEA's public schools are either: (1) identified for school improvement, corrective action, or restructuring; or (2) are determined by the LEA to be at or above capacity or otherwise ineligible for a transfer.Authorizes the Secretary of Education to award grants to eligible LEAs to increase capacity at high-performance schools, through measures that may include renovating or constructing facilities, hiring teachers, or purchasing instructional materials. Makes an LEA eligible for such a grant if it has a high percentage or number of students at schools identified under ESEA for school improvement, corrective action, or restructuring. Provides that a high-performance school is one that is not identified for such school improvement, corrective action, or restructuring.Authorizes LEAs to establish limits on duration or distance of transportation to be provided or paid for under ESEA school improvement provisions for transferring students.
|
{"src": "billsum_train", "title": "To authorize local educational agencies to prohibit the transfer of students under section 1116 of the Elementary and Secondary Education Act of 1965 to schools that are at or above capacity, and for other purposes."}
| 1,340 | 327 | 0.52694 | 1.37762 | 0.805008 | 3.210145 | 4.047101 | 0.855072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Storage Technology of Renewable and
Green Energy Act of 2009'' or the ``STORAGE Act of 2009''.
SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED
TO THE GRID.
(a) 20 Percent Credit Allowed.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subclause (IV) of
clause (i),
(2) by striking ``clause (i)'' in clause (ii) and inserting
``clause (i) or (ii)'',
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) 20 percent in the case of qualified
energy storage property, and''.
(b) Qualified Energy Storage Property.--Subsection (c) of section
48 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy
storage property' means property--
``(i) which is directly connected to the
electrical grid, and
``(ii) which is designed to receive
electrical energy, to store such energy, and to
convert such energy to electricity and deliver
such electricity for sale.
Such term may include hydroelectric pumped storage and
compressed air energy storage, regenerative fuel cells,
batteries, superconducting magnetic energy storage,
flywheels, thermal, and hydrogen storage, or
combination thereof.
``(B) Minimum capacity.--The term `qualified energy
storage property' shall not include any property unless
such property in aggregate--
``(i) has the ability to store at least 2
megawatt hours of energy, and
``(ii) has the ability to have an output of
500 kilowatts of electricity for a period of 4
hours.
``(C) Electrical grid.--The term `electrical grid'
means the system of generators, transmission lines, and
distribution facilities which--
``(i) are under the jurisdiction of the
Federal Energy Regulatory Commission or State
public utility commissions, or
``(ii) are owned by--
``(I) a State or any political
subdivision of a State,
``(II) an electric cooperative that
receives financing under the Rural
Electrification Act of 1936 (7 U.S.C.
901 et seq.) or that sells less than
4,000,000 megawatt hours of electricity
per year, or
``(III) any agency, authority, or
instrumentality of any one or more of
the entities described in subclause (I)
or (II), or any corporation which is
wholly owned, directly or indirectly,
by any one or more of such entities.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW
CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), or
``(ii) a qualified energy storage property (as
defined in section 48(c)(5)), and
``(B) owned by a public power provider, a
governmental body, or a cooperative electric
company.''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.
(a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986, as amended by this Act, is amended--
(1) by striking ``and'' at the end of subclause (III),
(2) by inserting ``and'' at the end of subclause (IV), and
(3) by adding at the end the following new subclause:
``(V) qualified onsite energy
storage property,''.
(b) Qualified Onsite Energy Storage Property.--Subsection (c) of
section 48 of the Internal Revenue Code of 1986, as amended by this
Act, is amended by adding at the end the following new paragraph:
``(6) Qualified onsite energy storage property.--
``(A) In general.--The term `qualified onsite
energy storage property' means property which--
``(i) provides supplemental energy to
reduce peak energy requirements primarily on
the same site where the storage is located, or
``(ii) is designed and used primarily to
receive and store intermittent renewable energy
generated onsite and to deliver such energy
primarily for onsite consumption.
Such term may include property used to charge plug-in
and hybrid electric vehicles if such vehicles are
equipped with smart grid services which control time-
of-day charging and discharging of such vehicles. Such
term shall not include any property for which any other
credit is allowed under this chapter.
``(B) Minimum capacity.--The term `qualified onsite
energy storage property' shall not include any property
unless such property in aggregate--
``(i) has the ability to store the energy
equivalent of at least 20 kilowatt hours of
energy, and
``(ii) has the ability to have an output of
the energy equivalent of 5 kilowatts of
electricity for a period of 4 hours.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.
(a) Credit Allowed.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 30 percent of the amount paid or incurred by the
taxpayer for qualified residential energy storage equipment
installed during such taxable year, and''.
(b) Qualified Residential Energy Storage Equipment.--
(1) In general.--Section 25C of the Internal Revenue Code
of 1986 is amended--
(A) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively, and
(B) by inserting after subsection (d) the following
new subsection:
``(d) Qualified Residential Energy Storage Equipment.--For purposes
of this section, the term `qualified residential energy storage
equipment' means property--
``(1) which is installed in or on a dwelling unit located
in the United States and owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of section
121), or on property owned by the taxpayer on which such a
dwelling unit is located, and
``(2) which--
``(A) provides supplemental energy to reduce peak
energy requirements primarily on the same site where
the storage is located, or
``(B) is designed and used primarily to receive and
store intermittent renewable energy generated onsite
and to deliver such energy primarily for onsite
consumption.
Such term may include property used to charge plug-in and hybrid
electric vehicles if such vehicles are equipped with smart grid
services which control time-of-day charging and discharging of such
vehicles. Such term shall not include any property for which any other
credit is allowed under this chapter.''.
(2) Conforming amendment.--Section 1016(a)(33) of such Code
is amended by striking ``section 25C(f)'' and inserting
``section 25C(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
|
Storage Technology of Renewable and Green Energy Act of 2009 or the STORAGE Act of 2009 - Amends the Internal Revenue Code to: (1) allow a 20% energy tax credit for investment in energy storage property directly connected to the electrical grid (i.e., state systems of generators, transmission lines, and distribution facilities) and designed to receive, store, and convert energy to electricity and deliver such electricity for sale; (2) make such property eligible for new clean renewable energy bond financing; (3) allow a 30% energy tax credit for investment in energy storage property used at the site of energy storage; and (4) allow a 30% nonbusiness energy property tax credit for the installation of energy storage equipment in a principal residence.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for an energy investment credit for energy storage property connected to the grid, and for other purposes."}
| 2,028 | 149 | 0.572366 | 1.47781 | 0.716784 | 2.465278 | 12.604167 | 0.868056 |
SECTION 1. COVERAGE OF FOREIGN VESSELS UNDER FEDERAL LABOR LAWS.
(a) National Labor Relations.--Section 2(2) of the National Labor
Relations Act (29 U.S.C. 152(2)) is amended--
(1) by inserting ``(A)'' after the paragraph designation;
and
(2) by adding at the end thereof the following new
subparagraph:
``(B)(i) The term `employer' also includes--
``(I) a foreign documented vessel, if such vessel is
regularly engaged in transporting passengers from and to a port
or place in the United States, with or without an intervening
stop or stops at a foreign port or ports, and such term also
includes a foreign documented vessel that is regularly engaged
in transporting passengers only from or to a port or place in
the United States if the Board determines that such transport
is so arranged for the purposes of avoiding being considered an
employer for purposes of this Act;
``(II) a foreign documented nonliner vessel regularly
engaged in transporting cargo in the foreign trade of the
United States; and
``(III) a foreign documented vessel on which occurs the
production or processing of goods or services for sale or
distribution in the United States, and a foreign documented
vessel that engages in transporting cargo between vessels in
international waters and a vessel, port, or place in the United
States regardless of the ownership or control of the vessel.
``(ii) For purposes of this section and except as provided in
clause (i)(III), such term shall not include any foreign documented
vessel that can demonstrate--
``(I) that at least 50 percent of its crew is composed of
citizens of the country of registry; and
``(II) that legal title to such vessel is held by citizens
of the country of registry, and beneficial ownership and
control, direct or indirect, are held by citizens of the
country of registry.
``(iii) As used in this subparagraph, the term `citizen' shall
include--
``(I) natural persons who are citizens of the country of
registry;
``(II) a corporation, if its equity is at least 51 percent
owned and controlled by citizens of the country of registry;
``(III) a partnership, if all the general partners are
citizens of the country of registry and at least 51 percent of
the partnership is owned and controlled by citizens of the
country of registry.''.
(b) Fair Labor Standards Act of 1938.--
(1) Definition.--Section 3(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(d)) is amended--
(A) by inserting ``(1)'' after the subsection
designation; and
(B) by adding at the end thereof the following new
paragraph:
``(2)(A) The term `employer' also includes--
``(i) a foreign documented vessel, if such vessel is
regularly engaged in transporting passengers from and to a port
or place in the United States, with or without an intervening
stop or stops at a foreign port or ports, and such term also
includes a foreign documented vessel that is regularly engaged
in transporting passengers only from or to a port or place in
the United States if the Secretary determines that such
transport is so arranged for the purposes of avoiding being
considered an employer for purposes of this Act;
``(ii) a foreign documented nonliner vessel regularly
engaged in transporting cargo in the foreign trade of the
United States; and
``(iii) a foreign documented vessel on which occurs the
production or processing of goods or services for sale or
distribution in the United States, and a foreign documented
vessel that engages in transporting cargo between vessels in
international waters and a vessel, port, or place in the United
States regardless of the ownership or control of the vessel.
``(B) For purposes of this section and except as provided in
subparagraph (A)(iii), such term shall not include any foreign
documented vessel that can demonstrate--
``(i) that at least 50 percent of its crew is composed of
citizens of the country of registry; and
``(ii) that legal title to such vessel is held by citizens
of the country of registry, and beneficial ownership and
control, direct or indirect, are held by citizens of the
country of registry.
``(C) As used in this paragraph, the term `citizen' shall include--
``(i) natural persons who are citizens of the country of
registry;
``(ii) a corporation, if its equity is at least 51 percent
owned and controlled by citizens of the country of registry;
``(iii) a partnership, if all the general partners are
citizens of the country of registry and at least 51 percent of
the partnership is owned and controlled by citizens of the
country of registry.''.
(2) Minimum wage.--Section 6(a)(4) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(4)) is amended by
inserting ``or a foreign documented vessel described in section
3(d)(2)(A)'' after ``an American Vessel''.
(3) Exemption.--Section 13(a)(12) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)(12)) is amended by
inserting ``or a foreign documented vessel described in section
3(d)(2)(A)'' after ``an American Vessel''.
|
Extends coverage under the National Labor Relations Act and the Fair Labor Standards Act of 1938 to certain foreign vessels which: (1) regularly engage in transporting passengers from and to a place in the United States, with or without intervening stops at foreign ports, including a vessel regularly engaged in transporting passengers only from or to a place in the United States if such transport is so arranged for the purposes of avoiding certain consequences that would otherwise result; (2) (if nonliners) regularly engage in transporting cargo in the foreign trade of the United States; and (3) produce or process goods or services for sale or distribution in the United States, and a vessel that engages in transporting cargo between vessels in international waters and a vessel, port, or place in the United States regardless of the vessel's ownership or control. Excludes any such vessel that can demonstrate that citizens of the country of registry: (1) compose at least one-half of the crew; and (2) hold legal title and beneficial ownership and control.
|
{"src": "billsum_train", "title": "To extend the coverage of certain Federal labor laws to foreign documented vessels, and for other purposes."}
| 1,238 | 212 | 0.6871 | 1.920292 | 0.846716 | 4.757426 | 5.534653 | 0.886139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Doctors' Bill of Rights Act of
1999''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress should focus more resources on and work with
physicians and providers to combat fraud in the medicare
program. Although the Federal government has reduced improper
fee-for-service payments from 14 percent (or $23 billion) from
fiscal year 1996 to 7.1 percent (or $12.6 billion) in fiscal
year 1998, Congress must work hard to continue this trend.
(2) The overwhelming majority of physicians in the United
States are law-abiding citizens who provide important services
and care to patients each day.
(3) Congress greatly appreciates the important role
physicians play in providing high-quality health care to our
nation's senior citizens under the medicare program.
(4) Due to the overly complex nature of medicare
regulations and the risk of being the subject of an aggressive
government investigation, many physicians are leaving the
medicare program.
(5) The Health Care Financing Administration (HCFA), and
especially carriers administering the medicare program, should
focus more attention on educational approaches to reducing
billing error rates.
(6) Keeping track of the morass of medicare regulations
detracts from the time that physicians have to treat patients.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(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) Fiscal intermediary.--The term ``fiscal intermediary''
means a fiscal intermediary (as defined in section 1816(a) of
the Social Security Act (42 U.S.C. 1395h(a))) with an agreement
under section 1816 of such Act to administer benefits under
part A or part B of such title.
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) HCFA.--The term ``HCFA'' means the Health Care
Financing Administration.
(6) Medicare program.--The term ``medicare program'' means
the program under title XVIII of the Social Security Act.
(7) Medicare integrity program.--The term ``medicare
integrity program'' means the program under section 1893 of the
Social Security Act (42 U.S.C. 1395ddd).
SEC. 3. EDUCATION.
(a) Use of Funds.--
(1) Carriers.--Each carrier shall devote at least 3 percent
of the funds provided to it under the medicare program each
year (beginning with 2000) toward education of physicians to
ensure that information about the operation of the medicare
program is properly disseminated.
(2) Fiscal intermediaries.--Each fiscal intermediary shall
devote at least 3 percent of the funds provided it under the
medicare program (beginning with 2000) toward education of
physicians to ensure that information about the operation of
the medicare program is properly disseminated.
(3) Medicare integrity program.--The Secretary shall ensure
that 10 percent of the funds expended under the medicare
integrity program each year (beginning with 2000) are used for
education of physicians to ensure that information about the
operation of the medicare program is properly disseminated.
(4) Purpose.--The purpose of funding under this subsection
is to ensure that physicians learn of new changes to medicare
laws and regulations in a timely manner.
(5) Construction.--Education attendance lists may not be
used as evidence of possible wrongdoings by physicians under
the medicare program and may not lead to fraud investigations
under that program.
(b) Right to Information.--Physicians have the right to timely and
accurate information about changes and modifications to local carrier
guidelines under the medicare program. Each physician who so desires
have the right to receive this information by electronic or certified
mail (in addition to check stuffers, monthly carrier bulletins, the
annual ``Dear Doctor'' letter, individual letters, seminars, and other
means).
(c) Additional Educational Outreach.--The Secretary shall initiate
additional educational outreach for physicians for medicare coverage
areas that have the most frequent billing errors. Such outreach shall
include issue-specific e-mails, faxes, mailings, and telephone
calls. If, within 9 months after the date that the additional outreach
is initiated, a carrier finds that no evidence exists that physician
billing errors under the medicare program have lessened, then the
carrier shall complete an in-person visit to relevant physician
offices.
(d) Right to Telephone Conversation.--A physician may request a
telephone conversation or in-person visit with a carrier, without being
suspected of fraud, regarding questions about billing practices under
the medicare program.
SEC. 4. INFORMATION.
(a) Straight Answers.--Carriers shall do their utmost to provide
physicians with one, straight and correct answer regarding billing
questions under the medicare program.
(b) Written Requests.--
(1) In general.--The Secretary 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 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.
(c) Restoration of Toll-Free Hotline.--
(1) In general.--HCFA 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).
(d) Right to Review of Claims.--
(1) Right to submit.--Physicians have the right to submit
claims (but not to exceed 15 claims in any year) under the
medicare program that have already been acted upon to the
carrier for review and analysis by the carrier.
(2) Right to repay without penalty.--In the case of such a
claim, if the carrier determines that the physician--
(A) was overpaid, the physician has the opportunity
to repay the claim without penalty; or
(B) was underpaid, the carrier shall make the
appropriate payment adjustment.
(3) Not targeted.--Regardless of what the determination may
be in the case of such a claim, a physician's submission of
such a claim for further review and analysis shall not subject
the physician to being targeted for fraud, unless there is a
documented history of fraud or abuse on the part of the
physician.
SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES.
(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.
SEC. 5. OVERPAYMENTS.
(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.
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.
|
Prohibits HCFA from implementing any new evaluation and management (E&M) guidelines under Medicare unless it has: (1) provided for an assessment of the proposed guidelines by physicians; (2) established a plan that contains specific goals for improving participation of physicians; (3) carried out a minimum of four described pilot projects in at least four different HCFA regions to test such guidelines; and (4) found that specified objectives for E&M guidelines will be met in the implementation of such guidelines. Requires each pilot project to study the effect of E&M guidelines on physician practices and patient and physician satisfaction.
|
{"src": "billsum_train", "title": "Doctors' Bill of Rights Act of 1999"}
| 2,863 | 128 | 0.377774 | 1.132776 | 0.356169 | 3.631579 | 22.570175 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Global Health
Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has committed to the United Nations
Millennium Development Goals of--
(A) reducing child mortality;
(B) improving maternal health; and
(C) combating HIV/AIDS, malaria, and other
diseases.
(2) The goals described in paragraph (1) cannot be reached
without health technologies and devices to diagnose infectious
diseases and reduce disease transmission.
(3) The development, advancement, and introduction of
affordable and appropriate technologies are essential to
efforts by the United States to reduce deaths among the world's
most vulnerable populations, particularly children and women in
the developing world.
(4) A recent report by the Institute of Medicine on the
commitment of the United States to global health--
(A) recommends that United States institutions
share existing knowledge to address prevalent health
problems in low- and middle-income countries;
(B) recommends continued support for partnerships
between the public and private sectors to develop and
deliver health products in low- and middle-income
countries; and
(C) urges the United States Government to continue
its support for innovative research models to address
unmet health needs in poor countries.
(5) Investments by the United States in affordable,
appropriate health technologies, such as medical devices for
maternal and child care, vaccine delivery tools, safe injection
devices, diagnostic tests for infectious diseases, and
innovative disease prevention strategies--
(A) reduce the risk of disease transmission; and
(B) accelerate access to life-saving global health
interventions for the world's poor.
(6) Through a cooperative agreement, known as the
Technologies for Health program (referred to in this section as
``HealthTech''), USAID supports the development of technologies
that--
(A) maximize the limited resources available for
global health; and
(B) ensure that products and medicines developed
for use in low-resource settings reach the people that
need such products and medicines.
(7) The HealthTech cooperative agreement--
(A) facilitates public-private collaboration in the
development of global health technologies;
(B) leverages public sector support for early stage
research and development of health technologies to
encourage private sector investment in late-stage
technology development and product introduction in
developing countries;
(C) benefits the United States economy by investing
in the growing United States global health technology
sector, which--
(i) provides skilled jobs for American
workers; and
(ii) enhances United States competitiveness
in the increasingly technological and
knowledge-based global economy; and
(D) enhances United States national security by--
(i) reducing the risk of pandemic disease;
and
(ii) contributing to economic development
and stability in developing countries.
SEC. 3. PURPOSE.
The purpose of this Act is to authorize a health technology
development program that supports coordinated, long-term research and
development of appropriate global health technologies--
(1) to improve global health;
(2) to reduce maternal and child mortality rates; and
(3) to reverse the incidence of HIV/AIDS, malaria, and
other diseases.
SEC. 4. ESTABLISHMENT OF THE HEALTH TECHNOLOGY PROGRAM.
Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is
amended by adding at the end the following:
``(c) Health Technology Program.--(1) There is established in the
United States Agency for International Development (referred to in this
section as `USAID') the Health Technology Program, which shall--
``(A) coordinate and lead research and development efforts;
``(B) be funded by USAID on a competitive basis; and
``(C) serve as a national laboratory and technology
development program for global health.
``(2) The Health Technology Program shall develop, advance, and
introduce affordable, available, and appropriate technologies
specifically designed--
``(A) to improve the health and nutrition of developing
country populations;
``(B) to reduce maternal and child mortality; and
``(C) to improve the diagnosis, prevention and reduction of
disease, especially HIV/AIDS, malaria, tuberculosis, and other
major diseases.
``(3) The Health Technology Program shall be located at an
institution with a successful record of--
``(A) advancing the technologies described in paragraph
(2); and
``(B) integrating practical field experience into the
research and development process in order to introduce the most
appropriate technologies.
``(4) The Administrator of USAID, in collaboration with the Health
Technology Program, shall submit an annual report to Congress and all
relevant Federal agencies that describes--
``(A) the relevant activities of the Health Technology
Program that are in the incubation phase;
``(B) the progress made on such activities and on other
projects carried out through the Health Technology Program; and
``(C) the outlook for future health technology efforts
evaluated by the Health Technology Program to have significant
growth potential.
``(5) There are authorized to be appropriated $5,000,000 for each
of the fiscal years 2010 through 2014 to carry out the Health
Technology Program under this subsection.''.
|
21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) coordinate and lead research and development efforts; (2) be funded by USAID on a competitive basis; and (3) serve as a national laboratory and technology development program for global health.
|
{"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961, to establish the Health Technology Program in the United States Agency for International Development to research and develop technologies to improve global health, and for other purposes."}
| 1,090 | 78 | 0.581834 | 1.469293 | 0.74704 | 5.621622 | 15.175676 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 3. SALE OR EXCHANGE OF NATIONAL FOREST SYSTEM ADMINISTRATIVE SITES
IN OREGON.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Tract A, Bend Pine Nursery, comprising approximately
210 acres, as depicted on site plan map entitled ``Bend Pine
Nursery Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures
located at Shelter Cove Resort, Deschutes National Forest,
buildings only, as depicted on site plan map entitled ``Shelter
Cove Resort, November 3, 1997''.
(3) Tract C, portions of isolated parcels of National
Forest Land located in Township 20 south, Range 10 East section
25 and Township 20 South, Range 11 East sections 8, 9, 16, 17,
20, and 21 consisting of approximately 1,260 acres, as depicted
on map entitled ``Deschutes National Forest Isolated Parcels,
January 1, 2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract E, Mapleton Administrative Site, consisting of
approximately 8 acres, as depicted on site plan map entitled
``Mapleton Administrative Site, May 14, 1999''.
(6) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April
22, 1964''.
(7) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(8) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map entitled
``Crescent Butte Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary
may solicit offers for sale or exchange of land under this
section on such terms and conditions as the Secretary may
prescribe.
(2) Rejection of offers.--The Secretary may reject any
offer made under this section if the Secretary determines that
the offer is not adequate or not in the public interest.
(3) Right of first refusal.--The Bend Metro Park and
Recreation District in Deschutes County, Oregon, shall be given
the right of first refusal to purchase the Bend Pine Nursery
described in subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (a) from all forms of appropriation
under the public land laws is revoked with respect to any
portion of the land conveyed by the Secretary under this
section.
(2) Effective date.--The effective date of any revocation
under paragraph (1) shall be the date of the patent or deed
conveying the land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the
Umatilla National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests
in land in the State.
(c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act''), and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out
the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
|
Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Parks and Recreation District in Deschutes County, Oregon.
Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of administrative and visitor facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land in Oregon. Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve such facilities.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Bend Pine Nursery Land Conveyance Act"}
| 1,332 | 132 | 0.495175 | 1.430632 | 0.425779 | 4.177966 | 10.177966 | 0.940678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Foreclosure and
Mortgage Lending Crisis Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the ``Commission on the Foreclosure and Mortgage Lending
Crisis'' (in this Act referred to as the ``Commission'').
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The United States is experiencing a steady increase in
foreclosures and mortgage lending problems that have impacted
homeowners, families, communities, the United States economy
and the global credit markets.
(2) In 2006, there were an estimated 1,300,000 foreclosures
in the United States.
(3) This number increased by 79 percent in 2007, bringing
the estimated number of foreclosures nationwide to 2,200,000.
(4) In 2008, an estimated 3,200,000 foreclosures were
reported nationwide.
(5) Estimates suggest that this trend is likely to continue
with millions more Americans potentially losing their homes to
foreclosure in the next 4 years.
(b) Purpose.--The purpose of this Act is to establish a commission
to undertake a comprehensive analysis and review of the causes of the
current foreclosure and mortgage lending crisis and to submit a report
of its findings to the Congress. The Commission shall also recommend
legislative and regulatory changes that will prohibit the kinds of
lending practices that contributed to the increased foreclosure rate
and the current mortgage lending crisis.
SEC. 4. COMPOSITION.
(a) Members.--The Commission shall be composed of 10 members as
follows:
(1) 2 members shall be appointed by the Speaker of the
House of Representatives.
(2) 2 members shall be appointed by the minority leader of
the House of Representatives.
(3) 2 members shall be appointed by the majority leader of
the Senate.
(4) 2 members shall be appointed by the minority leader of
the Senate.
(5) The Secretary of the Treasury or his designee.
(6) The Chairman of the Board of Governors of the Federal
Reserve System or his designee.
(b) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 30 days after the date of the enactment of
this Act.
(c) Co-Chairmen.--Of the members appointed to the Commission under
paragraphs (1) through (4) of subsection (a), 2 shall be designated as
the Co-Chairmen of the Commission. One Co-Chairman shall be designated
by the Speaker of the House of Representatives in consultation with the
majority leader of the Senate and the other Co-Chairman shall be
designated by the minority leader of the House of Representatives in
consultation with the minority leader of the Senate.
(d) Vacancies.--Any vacancy in the Commission shall not affect its
powers and shall be filled in the same manner in which the original
appointment was made.
(e) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(f) Initial Meeting; Rules of Procedure; Quorum.--
(1) Initial meeting.--The Commission shall meet and begin
the operations of the Commission not later than 60 days after
the date of the enactment of this Act.
(2) Meetings.--After its initial meeting, the Commission
shall meet upon the call of a majority of its members.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum.
(4) Rules of procedure.--The Commission may establish rules
for the conduct of the Commission's business, if such rules are
consistent with this Act and other applicable law.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) study and assess the current legal and regulatory
framework governing the housing mortgage lending markets and
investigate how such framework contributed to the increased
foreclosure rate, including--
(A) refinancing practices;
(B) loan-to-value ratios; and
(C) the prevalence of fraudulent industry
practices;
(2) recommend changes to the current legal and regulatory
framework to prohibit lending practices that have contributed
to the mortgage lending crisis;
(3) review the impact of subprime abuses and predatory
lending practices;
(4) assess the role of States in enacting policies to
reduce predatory lending practices and abuses in the subprime
markets;
(5) assess the impact of mortgage-backed securities and the
Federal National Mortgage Corporation (``Fannie Mae'') and the
Federal Home Loan Mortgage Corporation (``Freddie Mac'') on the
mortgage lending crisis; and
(6) assess the impact of the Community Reinvestment Act of
1977 (12 U.S.C. 2901 et seq.) on the mortgage lending crisis.
(b) Final Report.--Not later than 12 months after the date of
enactment of this Act, the Commission shall submit to the Congress a
final report containing such findings, conclusions, and recommendations
as have been agreed to by a majority of Commission members. If, at the
conclusion of such 12-month period, a majority of the Commission
determines it necessary, the Commission may be granted a 6-month
extension for submission of its final report upon written notification
to the Congress.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for the purpose of
carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b)(1), subpoena or otherwise
require the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memoranda,
papers, and documents as the Commission may determine
advisable.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--A subpoena may be issued under
this section only by the affirmative vote of a majority
of the members of the Commission.
(B) Signature.--Subject to subparagraph (A),
subpoenas issued under this section may be issued under
the signature of the Co-Chairmen or any member
designated by a majority of the Commission, may be
served by any person designated by the Co-Chairmen or
by a member designated by a majority of the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(B) Additional enforcement.--In the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section, the Commission may, by majority vote, certify
a statement of fact constituting such failure to the
appropriate United States attorney, who may bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received as certification
under section 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Contract Authority.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to carry out its duties under this
Act.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics to carry out its duties under this
Act. Each department, bureau, agency, board, commission,
office, independent establishment, or instrumentality shall, to
the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by a majority of the members of
the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services to
assist the Commission in carrying out its duties.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), departments and agencies
of the United States may provide to the Commission such
services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized by
law.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(g) Staff.--
(1) In general.--
(A) Appointment and compensation.--The Co-Chairmen,
in accordance with rules agreed upon by the Commission,
may appoint and fix the compensation of a staff
director and such other personnel as may be necessary
to enable the Commission to carry out its duties,
without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable
for a position at level IV of the Executive Schedule
under section 5316 of title 5, United States Code.
(B) Personnel as federal employees.--
(i) In general.--The staff director and any
personnel of the Commission who are employees
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(ii) Members of the commission.--Clause (i)
shall not apply to members of the Commission.
(2) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(3) Expert and consultant services.--The Commission is
authorized to procure the services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
but at rates not to exceed the daily rate paid to a person
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(4) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission
determines necessary.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required under
section 5(b).
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulations, or Executive order.
SEC. 8. TERMINATION.
(a) In General.--The Commission and all the authorities of this
Act, shall terminate not later than 60 days after the date on which the
final report is submitted under section 5(b).
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its report and disseminating the
final report.
(c) Authorization of Appropriation.--There are authorized to be
appropriated such sums as necessary to carry out this Act.
|
Commission on the Foreclosure and Mortgage Lending Crisis Act - Establishes in the legislative branch the Commission on the Foreclosure and Mortgage Lending Crisis to: (1) study and report to Congress on the current legal and regulatory framework governing the housing mortgage lending markets and how it contributed to the increased foreclosure rate; (2) recommend changes to the current framework to prohibit lending practices that have contributed to the mortgage lending crisis; (3) review the impact of subprime abuses and predatory lending practices; (4) assess the role of states in enacting policies to reduce predatory lending practices and abuses in the subprime markets; (5) assess the impact of mortgage-backed securities and the Federal National Mortgage Corporation (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) upon the mortgage lending crisis; and (6) assess the impact of the Community Reinvestment Act of 1977 on the crisis.
|
{"src": "billsum_train", "title": "To establish the Commission on the Foreclosure and Mortgage Lending Crisis."}
| 2,819 | 192 | 0.630992 | 1.880605 | 0.877078 | 7.040698 | 15.116279 | 0.994186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Insurance Modernization
Act''.
SEC. 2. SPECIAL TRANSFERS FOR UNEMPLOYMENT COMPENSATION MODERNIZATION.
(a) In General.--Section 903 of the Social Security Act (42 U.S.C.
1103) is amended by adding at the end the following:
``Special Transfers in Fiscal Years 2009, 2010, and 2011 for
Modernization
``(f)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the making of unemployment compensation
modernization incentive payments (hereinafter `incentive payments') to
the accounts of the States in the Unemployment Trust Fund, by transfer
from amounts reserved for that purpose in the Federal unemployment
account, in accordance with succeeding provisions of this subsection.
``(B) The maximum incentive payment allowable under this subsection
with respect to any State shall, as determined by the Secretary of
Labor, be equal to the amount obtained by multiplying $7,000,000,000 by
the same ratio as would apply under subsection (a)(2)(B) for purposes
of determining such State's share of any excess amount (as described in
subsection (a)(1)) that would have been subject to transfer to State
accounts, as of October 1, 2008, under the provisions of subsection
(a).
``(C) Of the maximum incentive payment determined under
subparagraph (B) with respect to a State--
``(i) one-third shall be transferred to the account of such
State upon a certification under paragraph (4)(B) that the
State law of such State meets the requirements of paragraph
(2); and
``(ii) the remainder shall be transferred to the account of
such State upon a certification under paragraph (4)(B) that the
State law of such State meets the requirements of paragraph
(3).
``(2) The State law of a State meets the requirements of this
paragraph if such State law--
``(A) uses a base period that includes the most recently
completed calendar quarter before the start of the benefit year
for purposes of determining eligibility for unemployment
compensation; or
``(B) provides that, in the case of an individual who would
not otherwise be eligible for unemployment compensation under
the State law because of the use of a base period that does not
include the most recently completed calendar quarter before the
start of the benefit year, eligibility shall be determined
using a base period that includes such calendar quarter.
``(3) The State law of a State meets the requirements of this
paragraph if such State law includes provisions to carry out at least 2
of the following subparagraphs:
``(A) An individual shall not be denied regular
unemployment compensation under any State law provisions
relating to availability for work, active search for work, or
refusal to accept work, solely because such individual is
seeking only part-time (and not full-time) work, except that
the State law provisions carrying out this subparagraph may
exclude an individual if a majority of the weeks of work in
such individual's base period do not include part-time work.
``(B) An individual shall not be disqualified from regular
unemployment compensation for separating from employment if
that separation is for any compelling family reason. For
purposes of this subparagraph, the term `compelling family
reason' means the following:
``(i) Domestic violence, verified by such
reasonable and confidential documentation as the State
law may require, which causes the individual reasonably
to believe that such individual's continued employment
would jeopardize the safety of the individual or of any
member of the individual's immediate family (as defined
by the Secretary of Labor).
``(ii) The illness or disability of a member of the
individual's immediate family (as defined by the
Secretary of Labor).
``(iii) The need for the individual to accompany
such individual's spouse--
``(I) to a place from which it is
impractical for such individual to commute; and
``(II) due to a change in location of the
spouse's employment.
``(C) Weekly unemployment compensation is payable under
this subparagraph to any individual who is unemployed (as
determined under the State unemployment compensation law), has
exhausted all rights to regular unemployment compensation under
the State law, and is enrolled and making satisfactory progress
in a State-approved training program or in a job training
program authorized under the Workforce Investment Act of 1998.
Such programs shall prepare individuals who have been separated
from a declining occupation, or who have been involuntarily and
indefinitely separated from employment as a result of a
permanent reduction of operations at the individual's place of
employment, for entry into a high-demand occupation. The amount
of unemployment compensation payable under this subparagraph to
an individual for a week of unemployment shall be equal to the
individual's average weekly benefit amount (including
dependents' allowances) for the most recent benefit year, and
the total amount of unemployment compensation payable under
this subparagraph to any individual shall be equal to at least
26 times the individual's average weekly benefit amount
(including dependents' allowances) for the most recent benefit
year.
``(D) Dependents' allowances are provided, in the case of
any individual who is entitled to receive regular unemployment
compensation and who has any dependents (as defined by State
law), in an amount equal to at least $15 per dependent per
week, subject to any aggregate limitation on such allowances
which the State law may establish (but which aggregate
limitation on the total allowance for dependents paid to an
individual may not be less than $50 for each week of
unemployment or 50 percent of the individual's weekly benefit
amount for the benefit year, whichever is less).
``(4)(A) Any State seeking an incentive payment under this
subsection shall submit an application therefor at such time, in such
manner, and complete with such information as the Secretary of Labor
may within 60 days after the date of the enactment of this subsection
prescribe (whether by regulation or otherwise), including information
relating to compliance with the requirements of paragraph (2) or (3),
as well as how the State intends to use the incentive payment to
improve or strengthen the State's unemployment compensation program.
The Secretary of Labor shall, within 30 days after receiving a complete
application, notify the State agency of the State of the Secretary's
findings with respect to the requirements of paragraph (2) or (3) (or
both).
``(B)(i) If the Secretary of Labor finds that the State law
provisions (disregarding any State law provisions which are not then
currently in effect as permanent law or which are subject to
discontinuation) meet the requirements of paragraph (2) or (3), as the
case may be, the Secretary of Labor shall thereupon make a
certification to that effect to the Secretary of the Treasury, together
with a certification as to the amount of the incentive payment to be
transferred to the State account pursuant to that finding. The
Secretary of the Treasury shall make the appropriate transfer within 7
days after receiving such certification.
``(ii) For purposes of clause (i), State law provisions which are
to take effect within 12 months after the date of their certification
under this subparagraph shall be considered to be in effect as of the
date of such certification.
``(C)(i) No certification of compliance with the requirements of
paragraph (2) or (3) may be made with respect to any State whose State
law is not otherwise eligible for certification under section 303 or
approvable under section 3304 of the Federal Unemployment Tax Act.
``(ii) No certification of compliance with the requirements of
paragraph (3) may be made with respect to any State whose State law is
not in compliance with the requirements of paragraph (2).
``(iii) No application under subparagraph (A) may be considered if
submitted before the date of the enactment of this subsection or after
the latest date necessary (as specified by the Secretary of Labor) to
ensure that all incentive payments under this subsection are made
before October 1, 2011.
``(5)(A) Except as provided in subparagraph (B), any amount
transferred to the account of a State under this subsection may be used
by such State only in the payment of cash benefits to individuals with
respect to their unemployment (including for dependents' allowances and
for unemployment compensation under paragraph (3)(C)), exclusive of
expenses of administration.
``(B) A State may, subject to the same conditions as set forth in
subsection (c)(2) (excluding subparagraph (B) thereof, and deeming the
reference to `subsections (a) and (b)' in subparagraph (D) thereof to
include this subsection), use any amount transferred to the account of
such State under this subsection for the administration of its
unemployment compensation law and public employment offices.
``(6) Out of any money in the Federal unemployment account not
otherwise appropriated, the Secretary of the Treasury shall reserve
$7,000,000,000 for incentive payments under this subsection. Any amount
so reserved shall not be taken into account for purposes of any
determination under section 902, 910, or 1203 of the amount in the
Federal unemployment account as of any given time. Any amount so
reserved for which the Secretary of the Treasury has not received a
certification under paragraph (4)(B) by the deadline described in
paragraph (4)(C)(iii) shall, upon the close of fiscal year 2011, become
unrestricted as to use as part of the Federal unemployment account.
``(7) For purposes of this subsection, the terms `benefit year',
`base period', and `week' have the respective meanings given such terms
under section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
``Special Transfer in Fiscal Year 2009 for Administration
``(g)(1) In addition to any other amounts, the Secretary of the
Treasury shall transfer from the employment security administration
account to the account of each State in the Unemployment Trust Fund,
within 30 days after the date of the enactment of this subsection, the
amount determined with respect to such State under paragraph (2).
``(2) The amount to be transferred under this subsection to a State
account shall (as determined by the Secretary of Labor and certified by
such Secretary to the Secretary of the Treasury) be equal to the amount
obtained by multiplying $500,000,000 by the same ratio as determined
under subsection (f)(1)(B) with respect to such State.
``(3) Any amount transferred to the account of a State as a result
of the enactment of this subsection may be used by the State agency of
such State only in the payment of expenses incurred by it for--
``(A) the administration of the provisions of its State law
carrying out the purposes of subsection (f)(2) or any
subparagraph of subsection (f)(3);
``(B) improved outreach to individuals who might be
eligible for regular unemployment compensation by virtue of any
provisions of the State law which are described in subparagraph
(A);
``(C) the improvement of unemployment benefit and
unemployment tax operations, including responding to increased
demand for unemployment compensation; and
``(D) staff-assisted reemployment services for unemployment
compensation claimants.''.
(b) Regulations.--The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance necessary to
carry out the amendment made by subsection (a).
|
Unemployment Insurance Modernization Act - Amends the Social Security Act to require the Secretary of Labor to make unemployment compensation modernization incentive payments in FY2008-FY2011 by certain transfers from the federal unemployment account to the accounts of the states in the Unemployment Trust Fund.
Prescribes a formula for determining the maximum allowable incentive payments.
Specifies requirements state law must meet for the state to qualify for such a payment.
Limits the use of transferred amounts to the payment of cash unemployment benefits to individuals (including for dependents' allowances and for unemployment compensation, exclusive of administrative expenses).
Requires the Secretary of the Treasury to reserve specified funds out of the federal unemployment account for such incentive payments.
|
{"src": "billsum_train", "title": "To provide for special transfers of funds to States to promote certain improvements in State unemployment compensation laws."}
| 2,451 | 151 | 0.572165 | 1.529128 | 0.747312 | 2.80916 | 18.427481 | 0.900763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Reconciliation Act''.
SEC. 2. SET-ASIDE FOR STATES WITH APPROVED FAMILY RECONCILIATION PLANS.
(a) In General.--
(1) Set-aside.--Section 430(d) of the Social Security Act
(42 U.S.C. 629(d)) is amended by adding at the end the
following new paragraph:
``(4) Family reconciliation.--The Secretary shall reserve
10 percent of the amounts described in subsection (b) for each
fiscal year, for allotment to States with family reconciliation
plans approved under section 432(c)(3) to develop and conduct
counseling programs described in section 432(c)(2)(B).''.
(2) Assistance in developing family reconciliation
counseling programs.--Section 430(d)(1) of such Act (42 U.S.C.
629(d)(1)) is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in assisting States in developing and
operating counseling programs described in section
432(c)(2)(B).''.
(3) Family reconciliation plans.--Section 432 of such Act
(42 U.S.C. 629(b)) is amended by adding at the end the
following new subsection:
``(c) Family Reconciliation Plans.--
``(1) Plan requirements.--A State family reconciliation
plan meets the requirements of this paragraph if the plan
demonstrates that the State has in effect the laws referred to
in paragraph (2).
``(2) Satisfaction of plan requirements.--In order to
satisfy paragraph (1), a State must have in effect laws
requiring that, prior to a final dissolution of marriage of a
couple who have one or more children under 12 years of age, the
couple shall be required to--
``(A) undergo a minimum 60-day waiting period
beginning on the date dissolution documents are filed;
and
``(B) participate in counseling programs offered by
a public or private counseling service that includes
discussion of the psychological and economic impact of
the divorce on the couple, the children of the couple,
and society.''.
``(3) Approval of plans.--The Secretary shall approve a
plan that meets the requirements of paragraph (1).''.
(4) Allotment.--Section 433 of such Act (42 U.S.C. 633) is
amended by adding at the end the following new subsection:
``(d) Allotments to States With Approved Family Reconciliation
Plans.--
``(1) In general.--From the amount reserved pursuant to
section 430(d)(4) for any fiscal year, the Secretary shall
allot to each State (other than an Indian tribe) with a family
reconciliation plan approved under section 432(c)(3), an amount
that bears the same ratio to the amount reserved under such
section as the average annual number of final dissolutions of
marriage described in paragraph (2) in the State for the 3
fiscal years referred to in subsection (c)(2)(B) bears to the
average annual number of such final dissolutions of marriage in
such 3-year period in all States with family reconciliation
plans approved under section 432(c)(3).
``(2) Final dissolutions of marriage described.--For
purposes of paragraph (1), a final dissolution of marriage
described in this paragraph is a final dissolution of marriage
of a couple who have one or more children under 12 years of
age.''.
(5) Entitlement.--
(A) In general.--Section 434(a) of such Act (42
U.S.C. 629d(a)) is amended by adding at the end the
following new paragraph:
``(3) Family Reconciliation Amount.--Each State with a
family reconciliation plan approved under section 432(c)(3)
shall be entitled to an amount equal to the allotment of the
State under section 433(d) for the fiscal year.
(B) Conforming amendment.--Section 434(a) of such
Act (42 U.S.C. 629d(a)) is amended by striking
``paragraph (2)'' and inserting ``paragraphs (2) and
(3)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1995.
SEC. 3. USE OF FUNDS UNDER LEGAL SERVICES CORPORATION ACT.
Section 1007(b) of the Legal Services Corporation Act (42 U.S.C.
2996f(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(11) to provide legal assistance to an eligible client
with respect to a proceeding or litigation in which the client
seeks to obtain a dissolution of a marriage or a legal
separation from a spouse, except that nothing in this paragraph
shall prohibit a recipient from providing legal assistance to
the client with respect to the proceeding or litigation if a
court of appropriate jurisdiction has determined that the
spouse has physically or mentally abused the client.''.
|
Family Reconciliation Act - Amends part B (Child-Welfare Services) of title IV of the Social Security Act with regard to family preservation and support services to create certain set-asides for States with approved family reconciliation plans which require a minimum 60-day waiting period and participation in counseling programs before final dissolution of a marriage involving one or more children under age 12.
Amends the Legal Services Corporation Act to prohibit the use of funds under that Act for legal assistance in certain actions relating to divorces or separations except where there is court-determined spousal abuse.
|
{"src": "billsum_train", "title": "Family Reconciliation Act"}
| 1,243 | 129 | 0.493627 | 1.340904 | 0.5689 | 2.453704 | 9.759259 | 0.768519 |
SECTION 1. EARNED IMPORT ALLOWANCE PROGRAM.
(a) In General.--Title IV of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (Public
Law 109-53; 119 Stat. 495) is amended by adding at the end the
following:
``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.
``(a) Preferential Treatment.--
``(1) In general.--Eligible apparel articles wholly
assembled in an eligible country and imported directly from an
eligible country shall enter the United States free of duty,
without regard to the source of the fabric or yarns from which
the articles are made, if such apparel articles are accompanied
by an earned import allowance certificate that reflects the
amount of credits equal to the total square meter equivalents
of fabric in such apparel articles, in accordance with the
program established under subsection (b).
``(2) Determination of quantity of sme.--For purposes of
determining the quantity of square meter equivalents under
paragraph (1), the conversion factors listed in `Correlation:
U.S. Textile and Apparel Industry Category System with the
Harmonized Tariff Schedule of the United States of America,
2008', or its successor publications, of the United States
Department of Commerce, shall apply.
``(b) Earned Import Allowance Program.--
``(1) Establishment.--The Secretary of Commerce shall
establish a program to provide earned import allowance
certificates to any producer or entity controlling production
of eligible apparel articles in an eligible country for
purposes of subsection (a), based on the elements described in
paragraph (2).
``(2) Elements.--The elements referred to in paragraph (1)
are the following:
``(A) One credit shall be issued to a producer or
an entity controlling production for every two square
meter equivalents of qualifying fabric that the
producer or entity controlling production can
demonstrate that it has purchased for the manufacture
in an eligible country of articles like or similar to
any article eligible for preferential treatment under
subsection (a). The Secretary of Commerce shall, if
requested by a producer or entity controlling
production, create and maintain an account for such
producer or entity controlling production, into which
such credits may be deposited.
``(B) Such producer or entity controlling
production may redeem credits issued under subparagraph
(A) for earned import allowance certificates reflecting
such number of earned credits as the producer or entity
may request and has available.
``(C) Any textile mill or other entity located in
the United States that exports qualifying fabric to an
eligible country may submit, upon such export or upon
request, the Shipper's Export Declaration, or successor
documentation, to the Secretary of Commerce--
``(i) verifying that the qualifying fabric
was exported to a producer or entity
controlling production in an eligible country;
and
``(ii) identifying such producer or entity
controlling production, and the quantity and
description of qualifying fabric exported to
such producer or entity controlling production.
``(D) The Secretary of Commerce may require that a
producer or entity controlling production submit
documentation to verify purchases of qualifying fabric.
``(E) The Secretary of Commerce may make available
to each person or entity identified in the
documentation submitted under subparagraph (C) or (D)
information contained in such documentation that
relates to the purchase of qualifying fabric involving
such person or entity.
``(F) The program shall be established so as to
allow, to the extent feasible, the submission, storage,
retrieval, and disclosure of information in electronic
format, including information with respect to the
earned import allowance certificates required under
subsection (a)(1).
``(G) The Secretary of Commerce may reconcile
discrepancies in the information provided under
subparagraph (C) or (D) and verify the accuracy of such
information.
``(H) The Secretary of Commerce shall establish
procedures to carry out the program under this section
by September 30, 2008, and may establish additional
requirements to carry out the program.
``(c) Definitions.--For purposes of this section--
``(1) the term `appropriate congressional committees' means
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate;
``(2) the term `eligible apparel articles' means the
following articles classified in chapter 62 of the HTS (and
meeting the requirements of the rules relating to chapter 62 of
the HTS contained in general note 29(n) of the HTS) of cotton
(but not of denim): trousers, bib and brace overalls, breeches
and shorts, skirts and divided skirts, and pants;
``(3) the term `eligible country' means the Dominican
Republic; and
``(4) the term `qualifying fabric' means woven fabric of
cotton wholly formed in the United States from yarns wholly
formed in the United States and certified by the producer or
entity controlling production as being suitable for use in the
manufacture of apparel items such as trousers, bib and brace
overalls, breeches and shorts, skirts and divided skirts or
pants, all the foregoing of cotton, except that--
``(A) fabric otherwise eligible as qualifying
fabric shall not be ineligible as qualifying fabric
because the fabric contains nylon filament yarn with
respect to which section 213(b)(2)(A)(vii)(IV) of the
Caribbean Basin Economic Recovery Act applies;
``(B) fabric that would otherwise be ineligible as
qualifying fabric because the fabric contains yarns not
wholly formed in the United States shall not be
ineligible as qualifying fabric if the total weight of
all such yarns is not more than 10 percent of the total
weight of the fabric, except that any elastomeric yarn
contained in an eligible apparel article must be wholly
formed in the United States; and
``(C) fabric otherwise eligible as qualifying
fabric shall not be ineligible as qualifying fabric
because the fabric contains yarns or fibers that have
been designated as not commercially available pursuant
to--
``(i) article 3.25(4) or Annex 3.25 of the
Agreement;
``(ii) Annex 401 of the North American Free
Trade Agreement;
``(iii) section 112(b)(5) of the African
Growth and Opportunity Act;
``(iv) section 204(b)(3)(B)(i)(III) or (ii)
of the Andean Trade Preference Act;
``(v) section 213(b)(2)(A)(v) or
213A(b)(5)(A) of the Caribbean Basin Economic
Recovery Act; or
``(vi) any other provision, relating to
determining whether a textile or apparel
article is an originating good eligible for
preferential treatment, of a law that
implements a free trade agreement entered into
by the United States that is in effect at the
time the claim for preferential treatment is
made.
``(d) Review and Report.--
``(1) Review.--The United States International Trade
Commission shall carry out a review of the program under this
section annually for the purpose of evaluating the
effectiveness of, and making recommendations for improvements
in, the program.
``(2) Report.--The United States International Trade
Commission shall submit to the appropriate congressional
committees annually a report on the results of the review
carried out under paragraph (1).
``(e) Effective Date and Applicability.--
``(1) Effective date.--The program under this section shall
be in effect for the 10-year period beginning on the date on
which the President certifies to the appropriate congressional
committees that sections A, B, C, and D of the Annex to
Presidential Proclamation 8213 (December 20, 2007) have taken
effect.
``(2) Applicability.--The program under this section shall
apply with respect to qualifying fabric exported to an eligible
country on or after August 1, 2007.''.
(b) Clerical Amendment.--The table of contents for the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act is amended by inserting after the item relating to
section 403 the following:
``Sec. 404. Earned import allowance program.''.
SEC. 2. AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) In General.--Section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721) is amended--
(1) in subsection (b)(6)(A), by striking ``ethic'' in the
second sentence and inserting ``ethnic''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and subject
to paragraph (2),'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (4)--
(i) by striking ``Subsection (b)(3)(C)''
and inserting ``Subsection (b)(3)(B)''; and
(ii) by redesignating such paragraph (4) as
paragraph (2); and
(D) by striking paragraph (5) and inserting the
following:
``(3) Definition.--In this subsection, the term `lesser
developed beneficiary sub-Saharan African country' means--
``(A) a beneficiary sub-Saharan African country
that had a per capita gross national product of less
than $1,500 in 1998, as measured by the International
Bank for Reconstruction and Development;
``(B) Botswana;
``(C) Namibia; and
``(D) Mauritius.''.
(b) Applicability.--The amendments made by subsection (a) apply to
goods entered, or withdrawn from warehouse for consumption, on or after
the 15th day after the date of the enactment of this Act.
(c) Review and Reports.--
(1) ITC review and report.--
(A) Review.--The United States International Trade
Commission shall conduct a review to identify yarns,
fabrics, and other textile and apparel inputs that
through new or increased investment or other measures
can be produced competitively in beneficiary sub-
Saharan African countries.
(B) Report.--Not later than 7 months after the date
of the enactment of this Act, the United States
International Trade Commission shall submit to the
appropriate congressional committees and the
Comptroller General a report on the results of the
review carried out under subparagraph (A).
(2) GAO report.--Not later than 90 days after the
submission of the report under paragraph (1)(B), the
Comptroller General shall submit to the appropriate
congressional committees a report that, based on the results of
the report submitted under paragraph (1)(B) and other available
information, contains recommendations for changes to United
States trade preference programs, including the African Growth
and Opportunity Act (19 U.S.C. 3701 et seq.) and the amendments
made by that Act, to provide incentives to increase investment
and other measures necessary to improve the competitiveness of
beneficiary sub-Saharan African countries in the production of
yarns, fabrics, and other textile and apparel inputs identified
in the report submitted under paragraph (1)(B), including
changes to requirements relating to rules of origin under such
programs.
(3) Definitions.--In this subsection--
(A) the term ``appropriate congressional
committees'' means the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate; and
(B) the term ``beneficiary sub-Saharan African
countries'' has the meaning given the term in section
506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a(c)).
(d) Clerical Amendment.--Section 6002(a)(2)(B) of Public Law 109-
432 is amended by striking ``(B) by striking'' and inserting ``(B) in
paragraph (3), by striking''.
SEC. 3. GENERALIZED SYSTEM OF PREFERENCES.
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 4. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``November 14, 2017''
and inserting ``January 31, 2018''; and
(2) in subparagraph (B)(i), by striking ``October 7, 2017''
and inserting ``January 31, 2018''.
(b) Repeal.--Section 15201 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246) is amended by striking subsections (c)
and (d).
SEC. 5. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under subparagraph (C) of section 401(1) of the Tax
Increase Prevention and Reconciliation Act of 2005 in effect on the
date of the enactment of this Act is increased by 1.75 percentage
points.
SEC. 6. TECHNICAL CORRECTIONS.
Section 15402 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246) is amended--
(1) in subsections (a) and (b), by striking ``Carribean''
each place it appears and inserting ``Caribbean''; and
(2) in subsection (d), by striking ``231A(b)'' and
inserting ``213A(b)''.
Passed the House of Representatives July 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act to direct the Secretary of Commerce to establish an earned import allowance program, which shall provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in the Dominican Republic, based on specified elements. Specifies as eligible apparel articles cotton (but not denim) trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts, and pants.
Declares that such apparel articles wholly assembled in, and imported directly from, the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if they are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of fabric in such apparel articles.
Requires the issuance of one credit to a producer or an entity controlling production for every two square meter equivalents of qualifying fabric that the producer or entity has purchased for the manufacture in an eligible country (Dominican Republic) of articles like or similar to any article eligible for preferential treatment. Authorizes the redemption of such credits for earned import allowance certificates reflecting the number of earned credits.
Authorizes any textile mill or other entity located in the United States that exports qualifying fabric to an eligible country to submit to the Secretary of Commerce, upon such export or upon request, the Shipper's Export Declaration, or successor documentation: (1) verifying that the qualifying fabric was exported to a producer or entity controlling production in an eligible country; and (2) identifying such producer or entity and the quantity and description of qualifying fabric exported to it.
Defines "qualifying fabric," as woven fabric of cotton wholly formed in the United States from yarns (other than nylon filament yarn) wholly formed in the United States and certified suitable for use in the manufacture of apparel items such as trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts or pants.
Directs the United States International Trade Commission (ITC) to review annually and report to Congress on the effectiveness of such program.
(Sec. 2) Amends the African Growth and Opportunity Act (AGOA) with respect to duty-free treatment for certain textile and apparel articles imported directly into the customs territory of the United States from a beneficiary sub-Saharan African country.
Repeals provisions granting preferential treatment for imported apparel articles produced in lesser developed beneficiary sub-Saharan African countries (LDCs) of yarn or fabric that is produced in beneficiary sub-Saharan countries in commercial quantities for use by LDCs.
Adds Mauritius as an LDC for preferential treatment of apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more LDCs, regardless of the country of origin of the fabric or the yarn used to make such articles.
Directs the ITC to review and report to the appropriate congressional committees and the U.S. Comptroller General on yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in an LDC. Requires the Comptroller General, in turn, to report to Congress recommendations for changes to U.S. trade preference programs (including rules of origin requirements) to provide incentives to increase investment and other measures to improve the competitiveness of LDCs in the production of such textiles and apparel identified in the report.
(Sec. 3) Amends the Trade Act of 1974 to extend the duty-free Generalized System of Preferences (GSP) Program through December 31, 2009.
(Sec. 4) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through January 31, 2018, the authority for certain customs fees for the processing of merchandise entered into the United States.
(Sec. 5) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase by 1.75% the amount of any estimated tax installment otherwise due in July, August, or September 2013 from a corporation with assets of at least $1 billion.
|
{"src": "billsum_train", "title": "To establish an earned import allowance program under Public Law 109-53, and for other purposes."}
| 3,070 | 910 | 0.737886 | 2.503058 | 0.738848 | 4.186136 | 3.525032 | 0.922978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Politics Out of Federal
Contracting Act of 2011''.
SEC. 2. PROHIBITION ON CERTAIN USES OF POLITICAL INFORMATION.
(a) In General.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following new section:
``Sec. 4712. Prohibition on certain uses of political information
``(a) Prohibition on Requiring Submission of Political
Information.--The head of an executive agency may not require a
contractor to submit political information related to the contractor or
a subcontractor at any tier, or any partner, officer, director, or
employee of the contractor or subcontractor--
``(1) as part of a solicitation, request for bid, request
for proposal, or any other form of communication designed to
solicit offers in connection with the award of a contract for
procurement of property or services;
``(2) during the course of contract performance as part of
the process associated with modifying a contract or exercising
a contract option; or
``(3) any time prior to contract completion and final
contract closeout.
``(b) Prohibition on Use of Political Information.--The head of an
executive agency may not use political information, whether obtained
from a contractor or prospective contractor or from an independent
public or nonpublic source, as a factor or consideration in the source
selection process used to award a competitive or non-competitive
contract at any value or in making any decision associated with the
modification of a contract or the exercise of a contract option.
``(c) Prohibition on Inclusion of Political Information in
Contracting Databases.--
``(1) In general.--Except as provided under paragraph (2),
an executive agency may not include political information in
the contracting past performance database or any database
designed to provide information to a contracting officer for
purposes of supporting the responsibility determination by such
officer.
``(2) Exception for disclosure of certain violations.--
``(A) Exception.--Data required as of the date of
the enactment of the Keeping Politics Out of Federal
Contracting Act of 2011 to be included in the database
maintained under section 2313 of this title are not
subject to the prohibition under paragraph (1).
``(B) Rule of construction.--Notwithstanding
subparagraph (A), this paragraph shall not be construed
as authorizing the inclusion of political information
pursuant to subsection (c)(6) of such section.
``(d) Applicability.--The prohibitions under this section apply to
the procurement of commercial items, the procurement of commercial off-
the-shelf items, and the non-commercial procurement of supplies,
property, services, and manufactured items, irrespective of contract
vehicle, including contracts, purchase orders, task or deliver orders
under indefinite delivery/indefinite quantity contracts, blanket
purchase agreements, and basic ordering agreements.
``(e) Rule of Construction.--Nothing in this section shall be
construed as waiving, superseding, restricting, or limiting the
application of the Federal Election Campaign Act of 1971 (2 U.S.C. 431
et seq.) or preventing Federal regulatory or law enforcement agencies
from collecting or receiving information authorized by law.
``(f) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given the term in section 131 of this title.
``(2) Contractor.--The term `contractor' includes
contractors, bidders, and offerors, and individuals and legal
entities who would reasonably be expected to submit offers or
bids for Federal Government contracts.
``(3) Executive agency.--The term `executive agency' has
the meaning given the term in section 133 of this title.
``(4) Political information.--The term `political
information' means information relating to political spending,
including any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement for an
electioneering communication that is made by the contractor,
any of its partners, officers, directors or employees, or any
of its affiliates or subsidiaries to a candidate or on behalf
of a candidate for election for Federal office, to a political
committee, to a political party, to a third-party entity with
the intention or reasonable expectation that it would use the
payment to make independent expenditures or electioneering
communications, or that is otherwise made with respect to any
election for Federal office, party affiliation, and voting
history. Each of the terms `contribution', `expenditure',
`independent expenditure', `candidate', `election',
`electioneering communication', and `Federal office' has the
meaning given the term in the Federal Campaign Act of 1971 (2
U.S.C. 431 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 41, United States Code, is amended by inserting
after the item relating to section 4711 the following new item:
``4712. Prohibition on Certain Uses of Political Information.''
|
Keeping Politics Out of Federal Contracting Act of 2011 - Prohibits the head of an executive agency from: (1) requiring a contractor to submit political information as part of a soliticitation, request for bid, request for proposal, or any other communiction in connection with the award of a contract for procurement of property or services or during the course of the contract performance until the completion of a contract; (2) using such political information as a factor or consideration in the source selection process used to award a competitive or non-competitive contract; or (3) including such political information in a contracting past performance database. Defines "political information" as information relating to political spending, including any payment for an electioneering communication, by a contractor or persons related to such contractor to a candidate for federal office, a political commitee, a political party, or to a third party entity for political purposes.
|
{"src": "billsum_train", "title": "To amend title 41, United States Code, to prohibit inserting politics into the Federal acquisition process by prohibiting the submission of political contribution information as a condition of receiving a Federal contract."}
| 1,162 | 206 | 0.699563 | 1.982578 | 0.838167 | 3.982955 | 5.818182 | 0.926136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflammatory Bowel Disease Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Crohn's disease and ulcerative colitis are serious
inflammatory diseases of the gastrointestinal tract. Crohn's
disease may occur in any section of the gastrointestinal tract
but is predominately found in the lower part of the small
intestine and the large intestine. Ulcerative colitis is
characterized by inflammation and ulceration of the innermost
lining of the colon. Because Crohn's disease and ulcerative
colitis behave similarly, they are collectively known as
inflammatory bowel disease. Both diseases present a variety of
symptoms, including severe diarrhea, crampy abdominal pain,
fever, and rectal bleeding. There is no known cause of
inflammatory bowel disease, or medical cure.
(2) It is estimated that up to 1,000,000 people in the
United States suffer from inflammatory bowel disease.
(3) In 1990, the total annual medical costs for Crohn's
disease patients was estimated at $1,000,000,000 to
$1,200,000,000.
(4) In 1990, the total annual medical costs for ulcerative
colitis patients was estimated at $400,000,000 to $600,000,000.
(5) Inflammatory bowel disease patients are at high-risk
for developing colorectal cancer.
SEC. 3. INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION.
(a) In General.--The Director of the National Institute of Diabetes
and Digestive and Kidney Diseases shall expand, intensify, and
coordinate the activities of the Institute with respect to research on
inflammatory bowel disease with particular emphasis on the following
areas:
(1) Genetic research on susceptibility for inflammatory
bowel disease, including the interaction of genetic and
environmental factors in the development of the disease.
(2) Animal model research on inflammatory bowel disease,
including genetics in animals.
(3) Clinical inflammatory bowel disease research, including
clinical studies and treatment trials.
(4) Other research initiatives identified by the scientific
document entitled ``Challenges in Inflammatory Bowel Disease''.
(b) Authorization of Appropriations.--
(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $75,000,000 in
fiscal year 2004, $100,000,000 in fiscal year 2005, and such
sums as may be necessary for fiscal years 2006 and 2007.
(2) Reservation.--Of the funds authorized to be
appropriated under paragraph (1), not more than 20 percent of
such funds shall be reserved to fund the training of qualified
health professionals in biomedical research focused on
inflammatory bowel disease and related disorders.
SEC. 4. INFLAMMATORY BOWEL DISEASE PREVENTION AND EPIDEMIOLOGY.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish a national program of prevention and
epidemiology to determine the prevalence of inflammatory bowel disease
in the United States, and conduct public and professional awareness
activities on inflammatory bowel disease.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000 in
fiscal year 2004, and such sums as may be necessary for fiscal years
2005 through 2007.
SEC. 5. STUDY OF INFLAMMATORY BOWEL DISEASE RELATED SERVICES.
(a) In General.--The Institute of Medicine of the National
Academics of Science shall conduct a study on the coverage standards of
medicare, medicaid, and the private insurance market for the following
therapies:
(1) Parenteral nutrition.
(2) Enteral nutrition formula.
(3) Medically necessary food products.
(4) Ostomy supplies.
(5) Therapies approved by the Food and Drug Administration
for Crohn's disease and ulcerative colitis.
(b) Content.--The study shall also take into account the
appropriate outpatient or home health care delivery settings.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Institute of Medicine shall submit a report to Congress
describing the findings of the study.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary.
SEC. 6. SOCIAL SECURITY DISABILITY FOR INFLAMMATORY BOWEL DISEASE
PATIENTS.
(a) In General.--The General Accounting Office shall conduct a
study of the problems patients encounter when applying for disability
insurance benefits under title II of the Social Security Act. The study
will also include recommendations for improving the application process
for inflammatory bowel disease patients.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the General Accounting Office shall submit a report to
Congress describing the findings of the study.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary.
|
Inflammatory Bowel Disease Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand activities addressing inflammatory bowel disease, emphasizing genetic, animal model, and clinical research.Requires the Director of the Centers for Disease Control and Prevention to establish a national program of prevention and epidemiology concerning such disease, addressing its prevalence and public and professional awareness.Directs the Institute of Medicine of the National Academies of Science to study public and private insurance standards for coverage of inflammatory bowel therapies.Directs the General Accounting Office to study problems inflammatory bowel disease patients have applying for disability insurance benefits under the Social Security Act.
|
{"src": "billsum_train", "title": "A bill to expand research regarding inflammatory bowel disease, and for other purposes."}
| 1,101 | 150 | 0.487766 | 1.346078 | 0.702584 | 3.226891 | 8.02521 | 0.907563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Musical Licensing Act of
1995''.
SEC. 2. BUSINESS EXEMPTION.
Section 110(5) of title 17, United States Code, is amended to read
as follows:
``(5) communication by electronic device of a transmission
embodying a performance or display of a work by the reception
of a broadcast, cable, satellite, or other transmission,
unless--
``(A) an admission fee is charged specifically to
see or hear the transmission, or
``(B) the transmission is not properly licensed,
except that this paragraph shall apply in the case of a
performance or display in a commercial establishment only if
the performance or display is incidental to the main purpose of
the establishment;''.
SEC. 3. BINDING ARBITRATION OF RATE DISPUTES INVOLVING PERFORMING
RIGHTS SOCIETIES.
(a) In General.--Section 504 of title 17, United States Code, is
amended by adding at the end the following new subsection:
``(d) Performing Rights Societies; Binding Arbitration.--
``(1) Arbitration of disputes prior to court action.--
``(A) Arbitration.--(i) If a general music user and
a performing rights society are unable to agree on the
appropriate fee to be paid for the user's past or
future performance of musical works in the repertoire
of the performing rights society, the general music
user shall, in lieu of any other dispute-resolution
mechanism established by any judgment or decree
governing the operation of the performing rights
society, be entitled to binding arbitration of such
disagreement pursuant to the rules of the American
Arbitration Association. The music user may initiate
such arbitration.
``(ii) The arbitrator in such binding arbitration
shall determine a fair and reasonable fee for the
general music user's past and future performance of
musical works in such society's repertoire and shall
determine whether the user's past performances of such
musical works, if any, infringed the copyrights of
works in the society's repertoire. If the arbitrator
determines that the general music user's past
performances of such musical works infringed the
copyrights of works in the society's repertoire, the
arbitrator shall impose a penalty for such
infringement. Such penalty shall not exceed the
arbitrator's determination of the fair and reasonable
license fee for the performances at issue.
``(B) Definition.--For purposes of this paragraph,
a `general music user' is any person who performs
musical works publicly but is not engaged in the
transmission of musical works to the general public or
to subscribers through broadcast, cable, satellite, or
other transmission. For purposes of this paragraph,
transmissions within a single commercial establishment
or within establishments under common ownership or
control are not transmissions to the general public.
``(C) Enforcement of arbitrator's determinations.--
An arbitrator's determination under this paragraph is
binding on the parties and may be enforced pursuant to
sections 9 through 13 of title 9.
``(2) Court-annexed arbitration.--In any civil action for
infringement of the right granted in section 106(4) involving a
musical work that is in the repertoire of a performing rights
society, if the defendant admits the prior public performance
of one or more works in the repertoire of the performing rights
society but contests the amount of the license fee demanded by
such society for such performance, the dispute shall, if
requested by the defendant, be submitted to arbitration under
section 652(e) of title 28. In such arbitration proceeding, the
arbitrator shall determine the amount owed by the defendant to the
performing rights society for all past public performances of musical
works in the society's repertoire. Such amount shall not exceed two
times the amount of the blanket license fee that would be applied by
the society to the defendant for the year or years in which the
performances occurred. In addition, the arbitrator shall, if requested
by the defendant, determine a fair and reasonable license fee for the
defendant's future public performances of the musical works in such
society's repertoire.
``(3) Term of license fee determination.--In any
arbitration proceeding initiated under this subsection, the
arbitrator's determination of a fair and reasonable license fee
for the performance of the music in the repertoire of the
performing rights society concerned shall apply for a period of
not less than 3 years nor more than 5 years after the date of
the arbitrator's determination.''.
(b) Actions That Shall Be Referred to Arbitration.--Section 652 of
title 28, United States Code, is amended by adding at the end the
following:
``(e) Actions That Shall Be Referred to Arbitration.--In any civil
action for infringement of the right granted in section 106(4) of title
17 involving a musical work that is in the repertoire of a performing
rights society, if the defendant admits the public performance of any
musical work in the repertoire of the performing rights society but
contests the amount of the license fee demanded for such performance by
the society, the district court shall, if requested by the defendant,
refer the dispute to arbitration, which shall be conducted in
accordance with section 504(d)(2) of title 17. Each district court
shall establish procedures by local rule authorizing the use of
arbitration under this subsection. The definitions set forth in title
17 apply to the terms used in this subsection.''.
SEC. 4. RADIO PER PROGRAMMING PERIOD LICENSE.
Section 504 of title 17, United States Code, as amended by section
3 of this Act, is further amended by adding at the end thereof the
following new subsection:
``(e) Radio Per Programming Period Licenses.--
``(1) In general.--Each performing rights society shall
offer, to any radio broadcaster that so requests, a per
programming period license to perform nondramatic musical works
in the repertoire of the performing rights society. Such
license shall be offered on reasonable terms and conditions
that provide an economically and administratively viable
alternative to the society's blanket license for all such
broadcasters.
``(2) Price of per programming period licenses.--(A) The
total price of a per programming period license described in
paragraph (1)--
``(i) shall include separate components for
incidental and feature performances, which are
independent of the quantity of such performances by the
broadcaster and do not exceed the relative value the
performing rights society assigns to such performances
in its distribution of royalties; and
``(ii) shall not exceed the fee that would be
payable by the broadcaster under the lowest price
blanket license offered to radio broadcasters, and
shall be in direct proportion to the percentage of the
broadcaster's revenue attributable to programming
periods containing feature performances of musical
works in the society's repertoire compared to the
industry average percentage of revenue attributable to
programming periods containing feature performances of
musical works in the society's repertoire.
``(B) Nondramatic musical works that have been licensed
directly or at the source, or whose performance constitutes
fair use or is otherwise exempt from liability under this
title, shall not be considered in calculating any per
programming period license fee under this subsection.
``(3) Administration of license.--Beginning January 1,
1998, the performance of nondramatic musical works by a
broadcaster under any per programming period license shall be
determined on the basis of statistically reliable sampling or
monitoring by the performing rights society, and the society
may not require the broadcaster to report such performance to
the society. The society shall provide the broadcaster with a
report detailing the results of such sampling or monitoring,
identifying each programming period containing the performance
of nondramatic musical works in the society's repertoire and
the nondramatic musical works performed.
``(4) Implementation.--Any radio broadcaster entitled to a
per programming period license under this subsection may bring
an action to require compliance with this subsection in an
appropriate United States district court, including any district court
established by court order or statute as a court that resolves
disputes, with respect to license rates, that may arise between
performing rights societies and persons who perform musical works in
the society's repertoire.
``(5) Definitions.--As used in this subsection--
``(A) the term `blanket license' means a license
provided by a performing rights society that authorizes
the unlimited performance of musical works in the
society's repertoire, for a fee that does not vary with
the quantity or type of performances of musical works
in the society's repertoire;
``(B) the term `incidental' means commercial
jingles not exceeding 60 seconds in duration, bridges,
themes or signatures, arrangements of works in the
public domain, and background music, including music
used in conjunction with sporting events; and
``(C) the term `programming period' means any 15-
minute period of radio broadcasting commencing on the
hour, or at 15, 30, or 45 minutes past the hour.''.
SEC. 5. ACCESS TO REPERTOIRE AND LICENSING INFORMATION.
Section 504 of title 17, United States Code, as amended by sections
3 and 4 of this Act, is further amended by adding at the end the
following:
``(f) Access to Musical Repertoire.--
``(1) Online computer access.--Each performing rights
society shall make available, free of charge, to all interested
persons, online computer access to copyright and licensing
information for each work in its repertoire. Such access shall,
for each such musical work, identify the work by title of the
work, the name, address, and telephone number of both the
author and the copyright owner, when the work will enter the
public domain, and the names of any artists known to have
performed the work. Such online computer access shall permit
the efficient review of multiple musical works consistent with
reasonably available technology.
``(2) Directory of titles.--Each performing rights society
shall make available at no charge, not less frequently than
semiannually, a printed directory of each title in its
repertoire, as of the date which is not more than 30 days
before the date on which the directory is published, containing
the information set forth in paragraph (1).
``(3) Documentation of right to license.--A performing
rights society shall, upon the request of any person who
performs or may perform musical works in the society's
repertoire, provide to that person copies of the documentation
establishing the society's right to license the public
performance of such musical works.
``(4) Restrictions on infringement actions.--
``(A) Restrictions.--A performing rights society
may not institute or be a party to, or pay the costs of
another party in, any action alleging the infringement
of the copyright in, or charge a fee under any per
programming period license for, any work in that
society's repertoire that is not identified and
documented as required by paragraphs (1), (2), and (3).
``(B) Exception.--Subparagraph (A) shall not apply
on the basis of a failure to comply with paragraph (2)
with respect to a musical work first entering the
society's repertoire within the 6-month period
beginning 30 days before the date on which the
society's last directory was published under paragraph
(2), if the society establishes that such musical work
was included in the online database required by
paragraph (1) not less than 10 days before the
performance giving rise to the alleged infringement or
charge.
``(g) Access to Licensing Information.--
``(1) Terms of licenses.--Each performing rights society
shall provide, within 5 business days after it receives a
written request from a licensee of any musical work in the
society's repertoire, or from any person that is negotiating to
become such a licensee--
``(A) a schedule of the society's license rates for
those licensees in the same locality as the licensee or
person making the request, that have characteristics
similar to such licensee or person, except that the
society shall provide information with respect to at
least 5 but not more than 10 such licensees;
``(B) the formulas by which the rates are derived;
and
``(C) license terms under agreements executed by
the performing rights society and licensees described
in subparagraph (A).
``(2) Copies of licenses.--Each performing rights society
shall provide, within 5 business days after receiving a written
request from an entity authorized to negotiate license fees and
terms on behalf of any group of persons who perform or may
perform musical works within that society's repertoire, copies
of all forms of licenses negotiated between that society and
other entities authorized to negotiate license fees and terms
on behalf of any group of persons who perform musical works in
that society's repertoire, except that the society shall not
disclose individual licensee's names, addresses, or business
confidential information.''.
SEC. 6. ANNUAL REPORTS.
Not later than March 1 of each year, the Attorney General of the
United States shall submit a written report to the Congress on the
activities of the Department of Justice during the preceding calendar
year relating to the continuing supervision and enforcement by the
Department of the consent decree of the American Society of Composers,
Authors, and Publishers of March 14, 1950, and the consent decree of
Broadcast Music, Inc. of December 29, 1966. Such report shall include a
description of all issues raised or complaints filed with the
Department of Justice relating to the operations of those performing
rights societies, and a summary of the Department's actions or
investigations undertaken by the Department in response to such issues
and complaints.
SEC. 7. VICARIOUS LIABILITY PROHIBITED.
A landlord, an organizer or sponsor of a convention, exposition, or
meeting, a facility owner, or any other person making space available
to another party by contract, shall not be liable under any theory of
vicarious or contributory infringement with respect to an infringing
public performance of a copyrighted work by a tenant, lessee,
subtenant, sublessee, licensee, exhibitor, or other user of such space
on the ground that--
(1) a contract for such space provides the landlord,
organizer or sponsor, facility owner, or other person a right
or ability to control such space and compensation for the use
of such space; or
(2) the landlord, organizer or sponsor, facility owner, or
other person has or had at the time of the infringing
performance actual control over some aspects of the use of such
space,
if the contract for the use of such space prohibits infringing public
performances and the landlord, organizer or sponsor, facility owner, or
other person does not exercise control over the selection of works
performed.
SEC. 8. RELIGIOUS SERVICE EXEMPTION.
Section 110(3) of title 17, United States Code, is amended by
inserting after ``religious assembly'' the following: ``, the
transmission of such services, whether live or recorded, or the
recording of copies or phonorecords of a transmission program embodying
such services in their entirety''.
SEC. 9. CONFORMING AMENDMENTS.
(a) Definitions.--Section 101 of title 17, United States Code, is
amended by inserting after the undesignated paragraph relating to the
definition of ``perform'' the following:
``A `performing rights society' is an association,
corporation, or other entity that licenses the public
performance of nondramatical musical works on behalf of
copyright owners of such works, such as the American Society of
Composers, Authors, and Publishers, Broadcast Music, Inc., and
SESAC, Inc. The `repertoire' of a performing rights society
consists of those works for which the society provides licenses
on behalf of the owners of copyright in the works.''.
SEC. 10. CONSTRUCTION OF ACT.
Except as provided in section 504(d)(1) of title 17, United States
Code, as added by section 3(a) of this Act, nothing in this Act shall
be construed to relieve any performing rights society (as defined in
section 101 of title 17, United States Code) of any obligation under
any consent decree or other court order governing its operation, as
such decree or order is in effect on the date of the enactment of this
Act, as it may be amended after such date, or as it may be issued or
agreed to after such date.
|
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment.
Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society.
Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties.
Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested.
Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses.
Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements.
Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions.
Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc.
Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
|
{"src": "billsum_train", "title": "Fairness in Musical Licensing Act of 1995"}
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SECTION 1. OFFSET OF RESTITUTION AND OTHER STATE JUDICIAL DEBTS AGAINST
INCOME TAX REFUND.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (f) through (l) as subsections (g) through
(m), respectively, and by inserting after subsection (f) the following:
``(g) Collection of Past-Due, Legally Enforceable Restitution and
Other State Judicial Debts.--
``(1) In general.--In any State which wishes to collect
past-due, legally enforceable State judicial debts, the chief
justice of the State's highest court shall designate a single
State entity to communicate judicial debt information to the
Secretary. In making such designation, the chief justice of the
State's highest court shall select, whenever practicable, a
relevant State official or agency responsible under State law
for collecting the State's income tax or other statewide excise
at the time of the designation. Upon receiving notice from a
State designated entity that a named person owes a past-due,
legally enforceable State judicial debt to or in such State,
the Secretary shall, under such conditions as may be prescribed
by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State judicial
debt;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State designated
entity and notify such State designated entity of such
person's name, taxpayer identification number, address,
and the amount collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency; and
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligations; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State
designated entities of more than 1 debt subject to paragraph
(1) that is owed by such person to such State agency or State
judicial branch, any overpayment by such person shall be
applied against such debts in the order in which such debts
accrued.
``(3) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(4) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection,
the term `past-due, legally enforceable State judicial
debt' means a debt--
``(i) which resulted from a judgment or
sentence rendered by any court or tribunal of
competent jurisdiction which--
``(I) handles criminal or traffic
cases in the State; and
``(II) has determined an amount of
State judicial debt to be due; and
``(ii) which resulted from a State judicial
debt which has been assessed and is past-due
but not collected.
``(B) State judicial debt.--For purposes of this
paragraph, the term `State judicial debt' includes
court costs, fees, fines, assessments, restitution to
victims of crime, and other monies resulting from a
judgment or sentence rendered by any court or tribunal
of competent jurisdiction handling criminal or traffic
cases in the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State designated
entities must submit notices of past-due, legally enforceable
State judicial debts and the necessary information that must be
contained in or accompany such notices. The regulations shall
specify the types of State judicial monies and the minimum
amount of debt to which the reduction procedure established by
paragraph (1) may be applied. The regulations shall require
State designated entities to pay a fee to reimburse the
Secretary for the cost of applying such procedure. Any fee paid
to the Secretary pursuant to the preceding sentence shall be
used to reimburse appropriations which bore all or part of the
cost of applying such procedure.
``(6) Erroneous payment to state.--Any State designated
entity receiving notice from the Secretary that an erroneous
payment has been made to such State designated entity under
paragraph (1) shall pay promptly to the Secretary, in
accordance with such regulations as the Secretary may
prescribe, an amount equal to the amount of such erroneous
payment (without regard to whether any other amounts payable to
such State designated entity under such paragraph have been
paid to such State designated entity).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), (e), or (f) of section 6402) is amended by striking ``or (f)''
each place it appears in the text and heading and inserting ``(f), or
(g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and (g)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``subsections (e) and (f)'' and inserting
``subsections (e), (f), and (g)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (g)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(4) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(5) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``, (f), or (g)''.
(d) Effective Date.--The amendments made by this Act shall apply to
refunds payable for taxable years beginning after December 31, 2009.
|
Amends the Internal Revenue Code to require the chief justice of the highest court of any state that wishes to collect past-due, legally enforceable state judicial debts to designate a single state entity to communicate judicial debt information to the Secretary of the Treasury.
Directs the Secretary, upon receiving notice from such an entity that a named person owes a past-due, legally enforceable state judicial debt, to pay such debt from any tax refund due to such person.
Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for restitution and other State judicial debts that are past-due."}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Paperwork Reduction and
Fraud Prevention Act of 2008''.
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 and simplified forms.--Standardizing and
simplifying 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.
(4) Electronic forms and payments.--Simplifying and
updating electronic forms of the Centers for Medicare &
Medicaid Services to insure simplicity as well as privacy.
(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, 2008, 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 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 Centers for
Medicare & Medicaid Services 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.--The Administrator of the Centers for Medicare &
Medicaid Services may not implement any new evaluation and management
guidelines (in this section referred to as ``E&M guidelines'') under
the Medicare program, unless the Administrator--
(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 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.--Not later than 6 months
after the date of the conclusion of the pilot projects under
this subsection, the Administrator of the Centers for Medicare
& Medicaid Services 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, on such 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.
(8) Simplifying electronic billing.
(d) Definitions.--For purposes of this section and section 5:
(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) 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 of
Health and Human Services 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.
|
Health Care Paperwork Reduction and Fraud Prevention Act of 2008 - Establishes the Commission on Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy.Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program. Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program.Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new evaluation and management guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to 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."}
| 2,512 | 249 | 0.633577 | 1.782961 | 0.821988 | 4.201835 | 10.16055 | 0.944954 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``STELA
Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. No additional appropriations authorized.
TITLE I--COMMUNICATIONS PROVISIONS
Sec. 101. Extension of authority.
Sec. 102. Retransmission consent negotiations.
Sec. 103. Delayed application of JSA attribution rule in case of waiver
petition.
Sec. 104. Deletion or repositioning of stations during certain periods.
Sec. 105. Repeal of integration ban.
Sec. 106. Report on communications implications of statutory licensing
modifications.
Sec. 107. Local network channel broadcast reports.
Sec. 108. Report on designated market areas.
Sec. 109. Definitions.
TITLE II--COPYRIGHT PROVISIONS
Sec. 201. Reauthorization.
Sec. 202. Termination of license.
SEC. 2. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
No additional funds are authorized to carry out this Act, or the
amendments made by this Act. This Act, and the amendments made by this
Act, shall be carried out using amounts otherwise authorized or
appropriated.
TITLE I--COMMUNICATIONS PROVISIONS
SEC. 101. EXTENSION OF AUTHORITY.
Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b))
is amended--
(1) in paragraph (2)(C), by striking ``December 31, 2014''
and inserting ``December 31, 2019''; and
(2) in paragraph (3)(C), by striking ``January 1, 2015''
each place it appears and inserting ``January 1, 2020''.
SEC. 102. RETRANSMISSION CONSENT NEGOTIATIONS.
(a) In General.--Section 325(b)(3)(C) of the Communications Act of
1934 (47 U.S.C. 325(b)(3)(C)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) prohibit a television broadcast station from
coordinating negotiations or negotiating on a joint basis with
another television broadcast station in the same local market
(as defined in section 122(j) of title 17, United States Code)
to grant retransmission consent under this section to a
multichannel video programming distributor, unless such
stations are directly or indirectly under common de jure
control permitted under the regulations of the Commission.''.
(b) Margin Correction.--Section 325(b)(3)(C) of the Communications
Act of 1934 (47 U.S.C. 325(b)(3)(C)) is further amended by moving the
margin of clause (iii) 4 ems to the left.
(c) Deadline for Regulations.--Not later than 9 months after the
date of the enactment of this Act, the Commission shall promulgate
regulations to implement the amendments made by this section.
SEC. 103. DELAYED APPLICATION OF JSA ATTRIBUTION RULE IN CASE OF WAIVER
PETITION.
In the case of a party to a joint sales agreement (as defined in
Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations)
that is in effect on the effective date of the amendment to Note
2(k)(2) to such section made by the Further Notice of Proposed
Rulemaking and Report and Order adopted by the Commission on March 31,
2014 (FCC 14-28), and who, not later than 90 days after the date of the
enactment of this Act, submits to the Commission a petition for a
waiver of the application to such agreement of the rule in such Note
2(k)(2) (as so amended), such party shall not be considered to be in
violation of the ownership limitations of such section by reason of the
application of such rule to such agreement until the later of--
(1) the date that is 18 months after the date on which the
Commission denies such petition; or
(2) December 31, 2016.
SEC. 104. DELETION OR REPOSITIONING OF STATIONS DURING CERTAIN PERIODS.
(a) In General.--Section 614(b)(9) of the Communications Act of
1934 (47 U.S.C. 534(b)(9)) is amended by striking the second sentence.
(b) Revision of Rules.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall revise section 76.1601
of its rules (47 CFR 76.1601) and any note to such section by removing
the prohibition against deletion or repositioning of a local commercial
television station during a period in which major television ratings
services measure the size of audiences of local television stations.
SEC. 105. REPEAL OF INTEGRATION BAN.
(a) No Force or Effect.--The second sentence of section
76.1204(a)(1) of title 47, Code of Federal Regulations, shall have no
force or effect after the date of the enactment of this Act.
(b) Removal From Rules.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall complete all actions
necessary to remove the sentence described in subsection (a) from its
rules.
SEC. 106. REPORT ON COMMUNICATIONS IMPLICATIONS OF STATUTORY LICENSING
MODIFICATIONS.
(a) Study.--The Comptroller General of the United States shall
conduct a study that analyzes and evaluates the changes to the carriage
requirements currently imposed on multichannel video programming
distributors under the Communications Act of 1934 (47 U.S.C. 151 et
seq.) and the regulations promulgated by the Commission that would be
required or beneficial to consumers, and such other matters as the
Comptroller General considers appropriate, if Congress implemented a
phase-out of the current statutory licensing requirements set forth
under sections 111, 119, and 122 of title 17, United States Code. Among
other things, the study shall consider the impact such a phase-out and
related changes to carriage requirements would have on consumer prices
and access to programming.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
appropriate congressional committees a report on the results of the
study conducted under subsection (a), including any recommendations for
legislative or administrative actions. Such report shall also include a
discussion of any differences between such results and the results of
the study conducted under section 303 of the Satellite Television
Extension and Localism Act of 2010 (124 Stat. 1255).
SEC. 107. LOCAL NETWORK CHANNEL BROADCAST REPORTS.
(a) Requirement.--
(1) In general.--On the 270th day after the date of the
enactment of this Act, and on each succeeding anniversary of
such 270th day, each satellite carrier shall submit an annual
report to the Commission setting forth--
(A) each local market in which it--
(i) retransmits signals of 1 or more
television broadcast stations with a community
of license in that market;
(ii) has commenced providing such signals
in the preceding 1-year period; and
(iii) has ceased to provide such signals in
the preceding 1-year period; and
(B) detailed information regarding the use and
potential use of satellite capacity for the
retransmission of local signals in each local market.
(2) Termination.--The requirement under paragraph (1) shall
cease after each satellite carrier has submitted 5 reports
under such paragraph.
(b) Definitions.--In this section--
(1) the terms ``local market'' and ``satellite carrier''
have the meaning given such terms in section 339(d) of the
Communications Act of 1934 (47 U.S.C. 339(d)); and
(2) the term ``television broadcast station'' has the
meaning given such term in section 325(b)(7) of the
Communications Act of 1934 (47 U.S.C. 325(b)(7)).
SEC. 108. REPORT ON DESIGNATED MARKET AREAS.
Not later than 18 months after the date of the enactment of this
Act, the Commission shall submit to the appropriate congressional
committees a report containing an analysis of--
(1) the extent to which consumers in each local market (as
defined in section 122(j) of title 17, United States Code) have
access to broadcast programming from television broadcast
stations (as defined in section 325(b)(7) of the Communications
Act of 1934 (47 U.S.C. 325(b)(7))) located outside their local
market, including through carriage by cable operators and
satellite carriers of signals that are significantly viewed
(within the meaning of section 340 of such Act (47 U.S.C.
340)); and
(2) whether there are technologically and economically
feasible alternatives to the use of designated market areas (as
defined in section 122(j) of title 17, United States Code) to
define markets that would provide consumers with more
programming options and the potential impact such alternatives
could have on localism and on broadcast television locally,
regionally, and nationally.
SEC. 109. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Energy and Commerce and the Committee on the Judiciary of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on the Judiciary
of the Senate.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
TITLE II--COPYRIGHT PROVISIONS
SEC. 201. REAUTHORIZATION.
Chapter 1 of title 17, United States Code, is amended--
(1) in section 111(d)(3)--
(A) in the matter preceding subparagraph (A), by
striking ``clause'' and inserting ``paragraph''; and
(B) in subparagraph (B), by striking ``clause'' and
inserting ``paragraph''; and
(2) in section 119--
(A) in subsection (c)(1)(E), by striking ``2014''
and inserting ``2019''; and
(B) in subsection (e), by striking ``2014'' and
inserting ``2019''.
SEC. 202. TERMINATION OF LICENSE.
(a) In General.--Section 119 of title 17, United States Code, as
amended in section 201, is amended by adding at the end the following:
``(h) Termination of License.--This section shall cease to be
effective on December 31, 2019.''.
(b) Conforming Amendment.--Section 107(a) of the Satellite
Television Extension and Localism Act of 2010 (17 U.S.C. 119 note) is
repealed.
Passed the House of Representatives July 22, 2014.
Attest:
KAREN L. HAAS,
Clerk.
|
STELA Reauthorization Act of 2014 - Title I: Communications Provisions - (Sec. 101) Amends the Communications Act of 1934, as amended by the Satellite Television Extension and Localism Act of 2010 (STELA), to extend until December 31, 2019, the exemption from retransmission consent requirements (which prohibit cable systems or other multichannel video programming distributors [MVPDs] from retransmitting broadcasting station signals without the authority of the originating station) for satellite retransmissions of network station signals to subscribers located outside of a station's local market who reside in unserved households (commonly referred to as "distant signals"). Extends until January 1, 2020: (1) the prohibition on exclusive retransmission consent contracts, and (2) the requirement that television broadcast stations and MVPDs negotiate in good faith. (Sec. 102) Directs the Federal Communications Commission (FCC) to prohibit television broadcast stations from coordinating their negotiations or negotiating jointly in the same local market to grant retransmission consent to an MVPD, unless such stations are directly or indirectly under common de jure control permitted under FCC regulations. (Sec. 103) Establishes a process to delay application of the FCC's amendments to joint sales agreement (JSA) rules under which a television station that sells more than 15% of the weekly advertising time of another station in the same market is attributed an ownership interest subject to ownership limitation rules. Prohibits a JSA party that submits a petition to the FCC for a waiver of such attribution rules from being considered in violation of ownership limits until the later of: (1) 18 months after the FCC denies such petition, or (2) December 31, 2016. (Currently, the FCC requires compliance with ownership limits within two years of the FCC's order adopting such amended attribution rules.) (Sec. 104) Removes a prohibition against deletion or reposition of a local commercial television station during periods in which major television ratings services measure the size of local television station audiences (commonly referred to as "sweeps" weeks). (Sec. 105) Repeals an integration ban that prohibits certain MVPDs from placing in service new navigation devices (set-top boxes) for sale, lease, or use that perform both conditional access (mechanisms that provide for selective access and denial of specific services and can prevent a signal from being received by unauthorized users) and other functions in a single integrated device. (Sec. 106) Requires a Comptroller General (GAO) report concerning changes to carriage requirements currently imposed on MVPDs that would be required, or beneficial to consumers, if Congress implemented a phase-out of statutory compulsory licensing procedures (a licensing and royalty distribution system administered by the U.S. Copyright Office under which cable and satellite operators may retransmit programming, without negotiating with every copyright holder, by paying licensing royalties at statutorily-defined rates determined by Copyright Royalty Judges or by using a royalty-free license for the retransmission of local broadcasts) under federal copyright law. (Sec. 107) Directs satellite carriers to submit annual reports to the FCC regarding: (1) the local markets in which television broadcast station signals are retransmitted with a community of license, and (2) the use and potential use of satellite capacity for the retransmission of local signals in each local market. Terminates such reporting requirements after each satellite carrier has submitted five reports. (Sec. 108) Requires the FCC to report to Congress regarding: (1) the extent to which consumers in each local market have access to broadcast programming from television broadcast stations located outside their local market, including through carriage by cable operators and satellite carriers of signals that are significantly viewed; and (2) whether there are technologically and economically feasible alternatives to the use of designated market areas to define markets that would provide consumers with more programming options and the potential impact such alternatives could have on localism and on broadcast television locally, regionally, and nationally. Title II: Copyright Provisions - Amends federal copyright law to extend until December 31, 2019, the statutory license under which satellite carriers retransmit distant television broadcast stations to viewers who are unable to receive signals for such stations in their local market. (Currently, the statutory licensing authority for such satellite retransmissions is scheduled to expire on December 31, 2014.)
|
{"src": "billsum_train", "title": "STELA Reauthorization Act of 2014"}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings and Investment Relief Act of
1998''.
SEC. 2. TRANSACTION FEES.
Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
is amended by adding at the end the following new subsection:
``(h) Limitation on Transaction Fees.--
``(1) Exchange traded and exchange registered securities.--
``(A) In general.--The Commission shall for each
fiscal year prescribe a limitation on the amount of
fees described in subsections (b) and (c) to be paid by
each national securities exchange and each national
securities association, based on the pro rata share of
the aggregate dollar amount of sales of securities
described in subsections (b) and (c) for the preceding
calendar year, such that the total fee payments will
not exceed--
``(i) $150,000,000 during fiscal year 1999;
``(ii) $155,000,000 during fiscal year
2000;
``(iii) $165,000,000 during fiscal year
2001;
``(iv) $170,000,000 during fiscal year
2002;
``(v) $180,000,000 during fiscal year 2003;
``(vi) $190,000,000 during fiscal year
2004;
``(vii) $200,000,000 during fiscal year
2005; and
``(viii) $210,000,000 during fiscal year
2006 and any succeeding fiscal year.
``(B) Publication.--The Commission shall publish
annually in the Federal Register notice of the fee
limitations described in this paragraph.
``(C) Fee adjustments.--Each national securities
exchange and each national securities association shall
adopt rules to implement the provisions of this
subsection. Such rules shall provide a reduction from
the fee amount otherwise described in subsections (b)
and (c), for all market participants, including (but
not limited to), individual investors, pension funds,
mutual fund investors, and market professionals.
``(2) Off-exchange trades of last-sale-reported
securities.--
``(A) In general.--The Commission shall for each
fiscal year prescribe a limitation on the amount of
fees described in subsection (d) to be paid by each
national securities association, based on the pro rata
share of the aggregate dollar amount of sales of
securities described in subsection (d) for the
preceding calendar year, such that the total fee
payments will not exceed--
``(i) $120,000,000 during fiscal year 1999;
``(ii) $125,000,000 during fiscal year
2000;
``(iii) $135,000,000 during fiscal year
2001;
``(iv) $140,000,000 during fiscal year
2002;
``(v) $150,000,000 during fiscal year 2003;
``(vi) $160,000,000 during fiscal year
2004;
``(vii) $170,000,000 during fiscal year
2005; and
``(viii) $180,000,000 during fiscal year
2006 and any succeeding fiscal year.
``(B) Publication.--The Commission shall publish
annually in the Federal Register notice of the fee
limitations described in this paragraph.
``(C) Fee adjustments.--Each national securities
association shall adopt rules to implement the
provisions of this subsection. Such rules shall provide
a reduction from the fee amount otherwise described in
subsection (d), for all market participants, including,
but not limited to, individual investors, pension
funds, mutual fund investors, and market professionals.
``(3) Report to congress.--The Commission shall annually
report to Congress the total amount of fees collected pursuant
to subsection (b), by each national securities exchange, and
the total amount of fees collected pursuant to subsection (b),
by each national securities association.
``(4) Insufficient fees.--In any year in which the total
amount of fees collected under this section and section 6(b) of
the Securities Act of 1933 (including any balance in the
account providing appropriations to the Commission) are
insufficient to provide for the Commission's budget authority
as provided by an Appropriations Act, such Appropriations Act
may provide that the fee limitations shall be increased by
equal amounts under paragraphs (1) and (2), and all such
amounts shall be deposited and credited as offsetting
collections to the account providing appropriations to the
Commission.''.
|
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits.
Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants.
Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association.
Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
|
{"src": "billsum_train", "title": "Savings and Investment Relief Act of 1998"}
| 923 | 195 | 0.652191 | 1.797419 | 0.861818 | 2.875 | 5.321429 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food for Peace Reform Act of 2015''.
SEC. 2. FOOD FOR PEACE PROGRAM.
(a) In General.--Title XII of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2220a et seq.) is amended--
(1) by redesignating section 300 (22 U.S.C. 2220e) as
section 300A; and
(2) by inserting after section 299 (22 U.S.C. 2220d) the
following:
``SEC. 300. FOOD FOR PEACE PROGRAM.
``(a) Establishment.--There is established in the United States
Agency for International Development (referred to in this section as
the `Agency') a food assistance program, which shall be known as the
`Food for Peace Program'.
``(b) Emergency Assistance.--Notwithstanding any provision of law
that prohibits or otherwise unduly restricts the Administrator of the
Agency (referred to in this Act as the `Administrator') from carrying
out the activities authorized under this section, the Administrator,
under the Food for Peace Program, is authorized to provide assistance,
consistent with this section, including through the provision of
agricultural commodities produced in the United States or acquired
through local or regional procurement (including products derived from
agricultural commodities), funds, and vouchers to meet emergency food
needs arising from manmade and natural disasters, including famines and
other food crises.
``(c) Nonemergency Assistance.--
``(1) Objectives.--Notwithstanding section 55305 of title
46, United States Code, the Administrator, under the Food for
Peace Program, is authorized to provide assistance, directly or
through eligible organizations described in paragraph (2), and
consistent with this section, including through the provision
of agricultural commodities produced in the United States or
acquired through local or regional procurement (including
products derived from agricultural commodities), funds, and
vouchers to carry out nonemergency food security programs in
foreign countries to achieve any of the following objectives:
``(A) Combating malnutrition, especially in
infants, children, and mothers, including through
appropriate health interventions directly related to
alleviating or preventing malnutrition.
``(B) Addressing hunger needs.
``(C) Mitigating food crises, particularly with
respect to vulnerable populations.
``(D) Promoting resilient food security through
integrated and holistic programs that--
``(i) improve agricultural productivity;
``(ii) diversify incomes for vulnerable
populations within the agricultural and other
related sectors to reduce food insecurity;
``(iii) enhance community and other
development activities significantly linked to
agricultural activities; and
``(iv) improve environmental practices.
``(2) Eligible organizations.--An organization is eligible
to receive assistance under paragraph (1) if the organization
is--
``(A) a private voluntary organization or
cooperative that is registered with the Administrator;
``(B) directly supervised by an organization
described in subparagraph (A); or
``(C) an intergovernmental organization, such as
the World Food Program.
``(d) Minimum Funding for Nonemergency Assistance.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), of the amounts made available to carry out emergency and
nonemergency food assistance programs under this section, not
less than 20 percent nor more than 30 percent shall be expended
for each fiscal year to carry out subsection (c).
``(2) Minimum level.--The amount made available to carry
out subsection (c) shall not be less than $375,000,000 for any
fiscal year.
``(3) Waiver.--The Administrator may waive the requirements
under paragraphs (1) and (2) after certifying to the
appropriate congressional committees that--
``(A)(i) additional funds are required to provide
food assistance to meet an urgent humanitarian need;
and
``(ii) other sources of funds authorized for use in
emergency situations have already been obligated;
``(B) additional funds subject to the waiver under
this paragraph are--
``(i) first paid from unobligated funds;
and
``(ii) only paid from obligated funds if
the additional funds are necessary to meet an
urgent and compelling humanitarian need; and
``(C) if the urgent humanitarian need is reasonably
expected to continue beyond the fiscal year during
which the need began, the budget request of the
President for the subsequent fiscal year will include a
request for emergency food assistance funding
authorized under subsection (b) to account for the
additional funds required to address the need.
``(4) Replenishment.--If the Administrator waives the
requirement described in paragraph (1), pursuant to paragraph
(3), the Administrator may expend funds authorized under
section 302 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1)
in an amount equal to the total amount of funds subject to the
waiver to provide assistance under subsection (c).
``(e) Description of Intended Uses.--A proposal submitted by any
eligible organization to enter into an agreement for a nonemergency
food assistance agreement program with the Administrator under
subsection (c) shall include--
``(1) a description of the proposed program;
``(2) a description of the manner in which the proposed
program would address 1 or more of the objectives described in
subsection (c) in the region in which the proposed program is
to be implemented;
``(3) the amount of funds requested;
``(4) a description of any agricultural commodities and
products derived from agricultural commodities that would be
used to implement the proposed program;
``(5) a description of the manner in which the organization
would work with indigenous institutions and communities to
carry out the proposed program;
``(6) a description of the proposed output impact and other
indicators that would be used to--
``(A) monitor the progress of the proposed program;
and
``(B) assist in determining whether the activities
funded under the proposed program are achieving program
objectives;
``(7) a description of proposed baseline data--
``(A) that would be collected, to the maximum
extent practicable; and
``(B) against which indicators can be measured; and
``(8) a plan for measuring and reporting progress towards
achieving program objectives, outcomes, and other indicators.
``(f) Food Aid Consultative Group.--
``(1) Establishment.--There is established the Food Aid
Consultative Group (referred to in this section as the
`Group'), which--
``(A) shall meet regularly; and
``(B) may organize into subcommittees, as
appropriate, to review and address issues concerning--
``(i) the effectiveness of the regulations
and procedures that govern food assistance
programs established and implemented under this
section; and
``(ii) the implementation of other
provisions of this section that may involve
eligible organizations described in subsection
(c).
``(2) Membership.--The Group shall be composed of--
``(A) the Administrator;
``(B) the Under Secretary of Agriculture for Farm
and Foreign Agricultural Services;
``(C) the Inspector General of the Agency;
``(D) a representative of each private voluntary
organization and cooperative participating in a program
under this section, or receiving planning assistance
funds from the Agency to establish programs under this
section;
``(E) representatives from African, Asian, and
Latin American indigenous nongovernmental organizations
determined appropriate by the Administrator;
``(F) representatives from agricultural producer
groups in the United States;
``(G) representatives from the United States
agricultural processing sector involved in providing
agricultural commodities for programs under this
section;
``(H) representatives from the maritime
transportation sector involved in transporting
agricultural commodities overseas for programs under
this section; and
``(I) nutrition science experts from academia and
nongovernmental organizations.
``(3) Chairperson.--The Administrator shall be the
chairperson of the Group.
``(4) Consultations.--Not later than 45 days before a
proposed regulation, handbook, or guideline implementing this
section, or a proposed significant revision to a regulation,
handbook, or guideline implementing this section, becomes
final, the Administrator shall provide the proposal to the
Group for review and comment.
``(5) Coordination and oversight.--
``(A) In general.--The Administrator shall work
within the Group to take the actions described in
subsection (B) to increase coordination and oversight
of food assistance programs established and implemented
under this Act, with a primary focus on improving
quality control and cost effectiveness.
``(B) Actions described.--The actions referred to
in subparagraph (A) are the following:
``(i) Explore and test options for improved
packaging and storage of products to improve
shelf life, promote recommended usage by
intended beneficiaries, and oversee field-
testing of products.
``(ii) Work closely with the Department of
Agriculture, to undertake reforms in commodity
acquisition and supply chain management,
drawing on best commercial practices for vendor
selection, quality assurance standards, overall
management of the supply chain, and auditing of
food aid commodity suppliers.
``(iii) Develop mechanisms and partnerships
to facilitate more private sector development
and innovation in food aid products, packaging,
and delivery in order to improve the cost-
effectiveness, nutritional quality, and overall
acceptability of the product.
``(iv) Provide guidance to implementing
partners on whether and how best to use food
aid commodities, such as new specialized food
products, including guidance on targeting
strategies to ensure that the products reach
their intended recipients.
``(v) Work to strengthen the monitoring of
commodity quality, as appropriate, by
identifying and tracking key quality indicators
to determine the full extent of quality
problems, including emerging concerns.
``(vi) Establish processes and system-wide
protocols for effective monitoring and
evaluation of impact, to inform improved
program design, and to address improvements in
cost-effectiveness.
``(6) Advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Group.
``(g) Administrative Provisions.--
``(1) Food aid quality.--
``(A) In general.--The Administrator shall use
funds made available to carry out the Food for Peace
Program authorized under this section--
``(i) to assess the types and quality of
agricultural commodities and products donated
for food aid;
``(ii) to adjust products and formulations
(including the potential introduction of new
fortificants and products) as necessary to
cost-effectively meet nutrient needs of target
populations;
``(iii) to test prototypes;
``(iv) to adopt new specifications, or to
improve existing specifications, for
micronutrient fortified food aid products,
based on the latest developments in food and
nutrition science, and in coordination with
other international partners;
``(v) to develop new program guidance to
facilitate improved matching of products to
purposes having nutritional intent, in
coordination with other international partners;
``(vi) to develop improved guidance for
implementing partners on how to address
nutritional deficiencies that emerge among
recipients for whom food assistance is the sole
source of diet in emergency programs that
extend beyond 1 year, in coordination with
other international partners; and
``(vii) to evaluate, in appropriate
settings and as necessary, the performance and
cost-effectiveness of new or modified
specialized food products and program
approaches designed to meet the nutritional
needs of the most vulnerable groups, such as
pregnant and lactating mothers, and children
younger than 5 years of age.
``(B) Administration.--In carrying out subparagraph
(A), the Administrator--
``(i) shall consult with independent
entities with proven expertise in food aid
commodity quality enhancements;
``(ii) may enter into contracts to obtain
the services of the entities described in
clause (i); and
``(iii) shall consult with the Food Aid
Consultative Group established under subsection
(f).
``(2) Freight procurement.--Notwithstanding division C of
subtitle I of title 41, United States Code, or other similar
provisions of law relating to the making or performance of
Federal Government contracts, ocean transportation authorized
under this section may be procured on the basis of full and
open competitive procedures. Resulting contracts may contain
such terms and conditions as the Administrator determines to be
necessary and appropriate.
``(3) Limitation.--No assistance shall be made available
through the Food for Peace Program under this section unless
the Administrator determines that the provision of the
agricultural commodity in the recipient country would not--
``(A) result in a substantial disincentive to, or
interference with, the domestic production or marketing
of agricultural commodities in the recipient country;
or
``(B) have a disruptive impact on the agricultural
producers or the local economy of the recipient
country.
``(4) Effect on sales of united states agricultural
commodities.--In carrying out the Food for Peace Program under
this section, the Administrator shall take reasonable
precautions to avoid displacing any sales of United States
agricultural commodities that the Administrator determines
would otherwise occur.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated, for fiscal year 2015 and each fiscal year thereafter,
$2,400,000,000, which shall be used to carry out the Food for Peace
Program established under this section.''.
(b) Repeal of Title II of Food for Peace Act.--Title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) is repealed.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Merchant
Marine--
(1) is a critical component of our Nation's military and
economic security;
(2) consists of a fleet of private, merchant ships that are
registered in the United States and provide domestic and
international transportation for passengers and cargo; and
(3) with the dedicated crews of mariners that operate the
fleet, is an essential part of defense capacity in times of
peace and in times of war.
|
Food for Peace Reform Act of 2015 Establishes the Food for Peace program in the U.S. Agency for International Development (USAID) under the Foreign Assistance Act of 1961. (Repeals authority for the current program under title II of the Food for Peace Act, including certain U.S. commodity purchase, U.S. cargo, and monetization requirements.) Authorizes USAID to provide emergency and nonemergency foreign assistance, including through the provision of U.S. commodities or local or regional procurement. Authorizes nonemergency assistance to combat malnutrition and hunger, mitigate food crises, and promote resilient food security. Sets forth minimum funding levels for nonemergency assistance. Establishes the Food Aid Consultative Group, which shall: test options for improved product packaging and storage; reform commodity acquisition and supply chain management; increase private sector development in food aid products, packaging, and delivery; provide guidance on how best to use food aid commodities, including guidance on ensuring that the products reach their intended recipients; and strengthen commodity quality monitoring. Requires USAID to: assess the types and quality of agricultural commodities and products donated for food aid; adjust products to cost-effectively meet nutrient needs of target populations; test prototypes; adopt new, or improve existing, specifications for micronutrient fortified food aid products; develop program guidance for matching products to nutrient purposes; and evaluate performance and cost-effectiveness of food products and programs for vulnerable groups, such as pregnant mothers and young children. Authorizes ocean transportation of agricultural commodities to be procured through full and open competitive procedures. Requires USAID to avoid displacing sales of U.S. agricultural commodities. Prohibits Program assistance from being made available unless USAID determines that the provision of the agricultural commodity in the recipient country would not: (1) result in substantial interference with the domestic production or marketing of agricultural commodities in the country, or (2) have a disruptive impact on the agricultural producers or the local economy of the country. Expresses the sense of Congress that the U.S. Merchant Marine: (1) is a critical component of the nation's military and economic security; (2) consists of a fleet of private, U.S.-registered merchant ships that provides domestic and international transportation for passengers and cargo; and (3) is an essential part of defense capacity in times of peace and in times of war.
|
{"src": "billsum_train", "title": "Food for Peace Reform Act of 2015"}
| 3,057 | 515 | 0.583802 | 1.915202 | 0.717247 | 3.479821 | 6.697309 | 0.883408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Group Health Plan Nondiscrimination
Act of 1993''.
SEC. 2. PROTECTION FROM INTERFERENCE WITH RIGHTS.
Section 510 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1140) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 510.'';
and
(2) by adding at the end the following new subsection:
``(b) Discrimination Based on Benefit Claims under Group Health
Plans.--
``(1) In general.--It shall be unlawful discrimination for
purposes of subsection (a) to take any action to cancel or
reduce a benefit of a participant or beneficiary under a group
health plan (by plan amendment or plan termination, change in
insured status of the plan, change of insurer under the plan,
or any other means), if--
``(A) such action is specifically related to one or
more particular diseases or medical conditions,
``(B) such participant or beneficiary is
undergoing, at the time such action is taken, a course
of treatment related to any such disease or medical
condition, and
``(C) a valid claim under the plan reasonably
related to such course of treatment has been submitted
to the plan by or on behalf of such participant or
beneficiary prior to the taking of such action.
``(2) Definitions.--For purposes of this subsection--
``(A) Group health plan.--The term `group health
plan' has the meaning provided in section 607(1).
``(B) Change in insured status.--The term `change
in insured status' of a plan means a change to self-
insured status or a change in the extent to which
benefits provided under the plan are provided under a
contract or policy of insurance issued by an insurer
under the plan.
``(C) Insurer.--The term `insurer' under a plan
means a person licensed by a State to engage in the
business of insurance who provides benefits under the
plan under a contract or policy of insurance issued by
such person.
``(D) Valid claim.--The term `valid claim' under a
group health plan means a claim which, at the time of
its submission by or on behalf of a participant or
beneficiary, would have entitled the participant or
beneficiary to benefits under the plan.''.
SEC. 3. NONDISCRIMINATION IN LIFETIME BENEFIT COVERAGE UNDER A GROUP
HEALTH PLAN.
(a) In General.--Part 5 of title I of the Employee Retirement
Income Security Act of 1974 is amended by adding at the end the
following:
``nondiscrimination in lifetime benefit coverage under a group health
plan
``Sec. 516. (a) In General.--It shall be unlawful for a group
health plan to discriminate among diseases or medical conditions with
respect to levels of lifetime benefit coverage provided to similarly
situated participants and beneficiaries under the plan. For purposes of
this section, the term `lifetime benefit coverage' provided to any
participant or beneficiary under a plan means the maximum benefit
available under the plan in the aggregate to such participant or
beneficiary.
``(b) Limitation.--Subsections (a) shall not apply with respect to
participants and their beneficiaries under a group health plan if the
requirements of paragraph (1) or (2) are met as follows:
``(1) Collective bargaining.--The requirements of this
paragraph are met if--
``(A) the participants consist of employees covered
by a collective bargaining agreement between employee
representatives and one or more employers,
``(B) there is evidence that benefits provided
under the group health plan established or maintained
pursuant to such collective bargaining agreement were
the subject of good faith bargaining between such
employee representatives and such employer or
employers, and
``(C) the discrimination consists of a lack of
uniformity based solely on--
``(i) variations in the required terms of
the collective bargaining agreement as applied
to separate geographically located facilities
of the same employer, or
``(ii) different levels of contributions to
such plan negotiated between such employee
representatives and more than 1 employer, as
set forth in applicable collective bargaining
agreements.
``(2) Exemption procedure.--The requirements of this
paragraph are met if the sponsor of such group health plan
demonstrates to the Secretary by a preponderance of the
evidence that such sponsor will be unable to continue such plan
unless granted relief from the applicable requirements of
subsection (a), pursuant to an exemption procedure which--
``(A) shall be established by the Secretary by
regulation for purposes of this subsection, and
``(B) shall be subject to standards and procedures
similar to those applicable under section 408(a) with
respect to exemptions granted thereunder.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 514 the
following new items:
``Sec. 515. Delinquent contributions.
``Sec. 516. Discrimination in lifetime benefit coverage under group
health plan.''.
SEC. 4. REPORTING AND DISCLOSURE REQUIREMENTS.
(a) Notice of Modifications and Changes.--Section 104(b)(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) is
amended by adding at the end the following: ``In the case of a group
health plan (as defined in section 607(1)), the adoption of any
material coverage restriction which constitutes such a modification in
the terms of the plan (including the termination of the plan), or which
is represented by any such change in the information required under
section 102(b), may not take effect until 60 days after such a summary
description of such modification or change is furnished to each
participant and to each spouse thereof who is a beneficiary under the
plan in language calculated to be easily understood by the typical
participant or beneficiary. For purposes of the preceding sentence, the
term `material coverage restriction' means any change in the terms of a
group health plan that results in elimination of, or increased
restrictions on, any form of benefit coverage which was provided by the
plan prior to the change, including, but not limited to, the
establishment of, or increases in the amount of, deductibles or
coinsurance payments required of participants and beneficiaries under
the plan, except that the Secretary may by regulation exclude from such
term any such change of a type which the Secretary finds to be de
minimis.''.
(b) Special Requirements for Self-Insured Plans.--Section 102(b) of
such Act (29 U.S.C. 1022(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In the case of a self-insured group health plan, the plan
description and summary plan description shall also contain a
statement--
``(i) indicating that the plan is a self-insured group
health plan and is not a policy of insurance,
``(ii) identifying the person who is responsible for claim
determinations and processing, and
``(iii) indicating that the plan is not subject to State
guarantee fund protection and that, if the plan does not pay
all benefits for which participants or beneficiaries are
eligible under the plan, responsibility for payment for medical
care may to some extent remain with the participant or
beneficiary.
``(B) For purposes of this paragraph--
``(i) The term `group health plan' has the meaning provided
in section 607(1).
``(ii) A group health plan is `self-insured' unless all
benefits provided under the plan are provided under a contract
or policy of insurance issued by a person licensed by a State
to engage in the business of insurance.''.
SEC. 5. LEGAL RELIEF FROM DAMAGES FOR INTERFERENCE WITH RIGHTS UNDER
PLAN.
(a) Damages.--Section 502(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the
end the following new paragraph:
``(4)(A) Any person who violates section 510 or 516 with respect to
any participant or beneficiary under a group health plan shall be
liable to such participant or beneficiary for actual damages. Subject
to subparagraph (B), damages for such violation shall not include
punitive damages.
``(B) In any case in which the violation constitutes willful,
fraudulent, or malicious conduct, bad faith, or gross negligence, each
person liable under subparagraph (A) may, in the court's discretion, be
liable to such participant or beneficiary for exemplary damages equal
to not more than the greater of--
``(i) 200 percent of the amount of actual damages awarded,
or
``(ii) $10,000.
Any such exemplary damages shall be in addition to any actual damages
under subparagraph (A).
``(C) For purposes of this paragraph, the term `group health plan'
has the meaning provided in section 607(1).''.
(b) Attorney's Fees.--Section 502(g) of such Act (29 U.S.C.
1132(g)) is amended by adding at the end the following new paragraph:
``(3) In any action for damages under subsection (c)(4) in which
the plaintiff prevails or substantially prevails, the court shall award
the plaintiff reasonable attorney's fees and other costs of the action,
including reasonable expert witness fees and costs, to be paid by the
defendant. Fees awarded under this paragraph shall be at generally
prevailing hourly rates.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to changes
in group health plan coverage adopted on or after February 4, 1993.
|
Group Health Plan Nondiscrimination Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive cancellations or reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA.
Prohibits any group health plan from discriminating among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan, with specified limitations relating to collective bargaining or special exemption procedures.
Requires group health plans to issue notices of any material change in plan terms to each participant and spouse beneficiary. Prohibits the change from taking effect until 60 days after such issuance. Sets forth special requirements for such notices from self-insured group health plans.
Revises civil enforcement provisions to make any person who violates the prohibition provisions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual damages. Precludes punitive damages, except that, where the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each such person may, in the court's discretion, be liable for limited exemplary damages. Provides for award of attorney's fees and other legal costs to plaintiffs who prevail or substantially prevail.
|
{"src": "billsum_train", "title": "Group Health Plan Nondiscrimination Act of 1993"}
| 2,242 | 287 | 0.564662 | 1.655164 | 0.814804 | 4.135802 | 8.374486 | 0.82716 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``College Fire
Prevention Act''.
(b) Findings.--The Congress finds the following:
(1) On Wednesday, January 19, 2000, a fire occurred at a
Seton Hall University dormitory. Three male freshmen, all 18
years of age, died. Fifty-four students, 2 South Orange
firefighters, and 2 South Orange police officers were injured.
The dormitory was a 6-story, 350-room structure built in 1952,
that housed approximately 600 students. It was equipped with
smoke alarms but no fire sprinkler system.
(2) On Mother's Day 1996 in Chapel Hill, North Carolina, a
fire in the Phi Gamma Delta Fraternity House killed 5 college
juniors and injured 3. The 3-story plus basement fraternity
house was 70 years old. The National Fire Protection
Association identified several factors that contributed to the
tragic fire, including the lack of fire sprinkler protection.
(3) It is estimated that between 1980 and 1998, an average
of 1,800 fires at dormitories, fraternities, and sororities,
involving 1 death, 70 injuries, and $8,000,000 in property
damage were reported to public fire departments.
(4) Within dormitories, fraternities, and sororities the
leading cause of fires is arson or suspected arson. The second
leading cause of college building fires is cooking. The third
leading cause is smoking.
(5) New dormitories are generally required to have advanced
safety systems such as fire sprinklers. But such requirements
are rarely imposed retroactively on existing buildings.
(6) In 1998, 93 percent of the campus building fires
reported to fire departments occurred in buildings where there
were smoke alarms present. However, only 34 percent had fire
sprinklers present.
SEC. 2. ESTABLISHMENT OF FIRE SUPPRESSION DEMONSTRATION INCENTIVE
PROGRAM.
(a) Grants.--The Secretary of Education (in this Act referred to as
the ``Secretary''), in consultation with the United States Fire
Administration, shall establish a demonstration program to award grants
on a competitive basis to eligible entities for the purpose of
installing fire sprinkler systems, or other fire suppression or
prevention technologies, in student housing and dormitories owned or
controlled by such entities.
(b) Eligible Entity.--For purposes of this Act, the term ``eligible
entity'' means any of the following:
(1) An accredited public or private institution of higher
education (as that term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
(2) An accredited historically Black college or university
(as that term is used in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061)).
(3) An accredited Hispanic-serving institution (as that
term is defined in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a)).
(4) An accredited Tribally Controlled College or University
(as that term is defined in section 2 of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801)).
(5) A social fraternity or sorority exempt from taxation
under section 501(a) of the Internal Revenue Code of 1986 (26
U.S.C. 501(a)), the active membership of which consists
primarily of students in attendance at an accredited
institution of higher education.
(c) Selection Priority.--In making grants under subsection (a), the
Secretary shall give priority to eligible entities that demonstrate the
greatest financial need.
(d) Reservations.--Of the amount made available to the Secretary
for grants under this section for each fiscal year, the Secretary shall
award--
(1) not less than 10 percent to eligible entities that are
historically Black colleges and universities, Hispanic-serving
institutions, and Tribally Controlled Colleges and
Universities; and
(2) not less than 10 percent to eligible entities that are
social fraternities and sororities.
(e) Application.--To seek a grant under this section, an eligible
entity shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(f) Matching Requirement.--As a condition on receipt of a grant
under subsection (a), the applicant shall provide (directly or through
donations from public or private entities) non-Federal matching funds
in an amount equal to not less than 50 percent of the cost of the
activities for which assistance is sought.
(g) Limitation on Administrative Expenses.--Not more than 10
percent of a grant made under subsection (a) may be expended for
administrative expenses with respect to the grant.
(h) Reports.--Not later than 12 months after the date of the first
award of a grant under this section and annually thereafter until
completion of the program, the Secretary shall provide to the Congress
a report that includes the following:
(1) The number and types of eligible entities receiving
assistance under this section.
(2) The amounts of such assistance, the amounts and sources
of non-Federal funding leveraged for activities under grants
under this section, and any other relevant financial
information.
(3) The number and types of student housing fitted with
fire suppression or prevention technologies with assistance
under this section, and the number of students protected by
such technologies.
(4) The types of fire suppression or prevention
technologies installed with assistance under this section, and
the costs of such technologies.
(5) Identification of Federal and State policies that
present impediments to the development and installation of fire
suppression or prevention technologies.
(6) Any other information determined by the Secretary to be
useful to evaluating the overall effectiveness of the program
established under this section in improving the fire safety of
student housing.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $100,000,000 for each of the fiscal
years 2004 through 2008. At the end of fiscal year 2008, all
unobligated appropriations authorized under this subsection shall
revert to the general fund of the Treasury.
SEC. 3. ADMISSIBILITY AS EVIDENCE.
(a) Prohibition.--Notwithstanding any other provision of law and
subject to subsection (b), any application for assistance under this
Act, any negative determination on the part of the Secretary with
respect to such application, or any statement of reasons for the
determination, shall not be admissible as evidence in any proceeding of
any court, agency, board, or other entity.
(b) Exception.--This section does not apply to the admission of an
application, determination, or statement described in subsection (a) as
evidence in a proceeding to enforce an agreement entered into between
the Secretary of Education and an eligible entity under section 2.
|
College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities.Requires grant priority to be given eligible entities that demonstrate the greatest financial need.Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and Tribally Controlled Colleges and Universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities.Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act).
|
{"src": "billsum_train", "title": "To establish a demonstration incentive program within the Department of Education to promote installation of fire sprinkler systems, or other fire suppression or prevention technologies, in qualified student housing and dormitories, and for other purposes."}
| 1,492 | 242 | 0.574659 | 1.895449 | 0.800709 | 5.962264 | 6.523585 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentoring for Success Act''.
SEC. 2. GRANTS TO SUPPORT MENTORING PROGRAMS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART M--MENTORING PROGRAMS
``SEC. 10999P. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Child with greatest need.--The term `child with
greatest need' means a child at risk of educational failure,
dropping out of school, or involvement in criminal or
delinquent activities, or that has lack of strong positive
adult role models.
``(2) Mentor.--The term `mentor' means an individual who
works with a child to provide a positive role model for the
child, to establish a supportive relationship with the child,
and to provide the child with academic assistance and exposure
to new experiences and examples of opportunity that enhance the
ability of the child to become a responsible adult.
``(3) 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, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 10999Q. PURPOSES.
``The purposes of this part are to make assistance available to
promote mentoring programs for children with greatest need--
``(1) to assist such children in receiving support and
guidance from a caring adult;
``(2) to improve the academic performance of such children;
``(3) to improve interpersonal relationships between such
children and their peers, teachers, other adults, and family
members;
``(4) to reduce the dropout rate of such children; and
``(5) to reduce juvenile delinquency and involvement in
gangs by such children.
``SEC. 10999R. GRANT PROGRAM.
``(a) In General.--In accordance with this section, the Secretary
may make grants to eligible entities to assist such entities in
establishing and supporting mentoring programs and activities that--
``(1) are designed to link children with greatest need
(particularly such children living in rural areas, high crime
areas, or troubled home environments, or such children
experiencing educational failure) with responsible adults,
who--
``(A) have received training and support in
mentoring;
``(B) have been screened using appropriate
reference checks, child and domestic abuse record
checks, and criminal background checks; and
``(C) are interested in working with youth; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to children with
greatest need.
``(B) Promote personal and social responsibility
among children with greatest need.
``(C) Increase participation by children with
greatest need in, and enhance their ability to benefit
from, elementary and secondary education.
``(D) Discourage illegal use of drugs and alcohol,
violence, use of dangerous weapons, promiscuous
behavior, and other criminal, harmful, or potentially
harmful activity by children with greatest need.
``(E) Encourage children with greatest need to
participate in community service and community
activities.
``(F) Encourage children with greatest need to set
goals for themselves or to plan for their futures,
including encouraging such children to make graduation
from secondary school a goal and to make plans for
postsecondary education or training.
``(G) Discourage involvement of children with
greatest need in gangs.
``(b) Eligible Entities.--Each of the following is an entity
eligible to receive a grant under subsection (a):
``(1) A local educational agency.
``(2) A nonprofit, community-based organization.
``(3) A partnership between an agency referred to in
paragraph (1) and an organization referred to in paragraph (2).
``(c) Use of Funds.--
``(1) In general.--Each entity receiving a grant under this
section shall use the grant funds for activities that establish
or implement a mentoring program, including--
``(A) hiring of mentoring coordinators and support
staff;
``(B) providing for the professional development of
mentoring coordinators and support staff;
``(C) recruitment, screening, and training of adult
mentors;
``(D) reimbursement of schools, if appropriate, for
the use of school materials or supplies in carrying out
the program;
``(E) dissemination of outreach materials;
``(F) evaluation of the program using
scientifically based methods; and
``(G) such other activities as the Secretary may
reasonably prescribe by rule.
``(2) Prohibited uses.--Notwithstanding paragraph (1), an
entity receiving a grant under this section may not use the
grant funds--
``(A) to directly compensate mentors;
``(B) to obtain educational or other materials or
equipment that would otherwise be used in the ordinary
course of the entity's operations;
``(C) to support litigation of any kind; or
``(D) for any other purpose reasonably prohibited
by the Secretary by rule.
``(d) Term of Grant.--Each grant made under this section shall be
available for expenditure for a period of 3 years.
``(e) Application.--Each eligible entity seeking a grant under this
section shall submit to the Secretary an application that includes--
``(1) a description of the mentoring plan the applicant
proposes to carry out with such grant;
``(2) information on the children expected to be served by
the mentoring program for which such grant is sought;
``(3) a description of the mechanism that applicant will
use to match children with mentors based on the needs of the
children;
``(4) an assurance that no mentor will be assigned to
mentor so many children that the assignment would undermine
either the mentor's ability to be an effective mentor or the
mentor's ability to establish a close relationship (a one-on-
one relationship, where practicable) with each mentored child;
``(5) an assurance that mentoring programs will provide
children with a variety of experiences and support, including--
``(A) emotional support;
``(B) academic assistance; and
``(C) exposure to experiences that children might
not otherwise encounter on their own;
``(6) an assurance that mentoring programs will be
monitored to ensure that each child assigned a mentor benefits
from that assignment and that there will be a provision for the
assignment of a new mentor if the relationship between the
original mentor is not beneficial to the child;
``(7) information on the method by which mentors and
children will be recruited to the mentor program;
``(8) information on the method by which prospective
mentors will be screened;
``(9) information on the training that will be provided to
mentors; and
``(10) information on the system that the applicant will
use to manage and monitor information relating to the program's
reference checks, child and domestic abuse record checks, and
criminal background checks and to its procedure for matching
children with mentors.
``(f) Selection.--
``(1) Competitive basis.--In accordance with this
subsection, the Secretary shall select grant recipients from
among qualified applicants on a competitive basis.
``(2) Priority.--In selecting grant recipients under
paragraph (1), the Secretary shall give priority to each
applicant that--
``(A) serves children with greatest need living in
rural areas, high crime areas, or troubled home
environments, or who attend schools with violence
problems;
``(B) provides background screening of mentors,
training of mentors, and technical assistance in
carrying out mentoring programs;
``(C) proposes a mentoring program under which each
mentor will be assigned to not more children than the
mentor can serve effectively; or
``(D) proposes a school-based mentoring program.
``(3) Other considerations.--In selecting grant recipients
under paragraph (1), the Secretary shall also consider--
``(A) the degree to which the location of the
programs proposed by each applicant contributes to a
fair distribution of programs with respect to urban and
rural locations;
``(B) the quality of the mentoring programs
proposed by each applicant, including--
``(i) the resources, if any, the applicant
will dedicate to providing children with
opportunities for job training or postsecondary
education;
``(ii) the degree to which parents,
teachers, community-based organizations, and
the local community have participated, or will
participate, in the design and implementation
of the applicant's mentoring program;
``(iii) the degree to which the applicant
can ensure that mentors will develop
longstanding relationships with the children
they mentor;
``(iv) the degree to which the applicant
will serve children with greatest need in the
4th, 5th, 6th, 7th, and 8th grades; and
``(v) the degree to which the program will
continue to serve children from the 4th grade
through graduation from secondary school; and
``(C) the capability of each applicant to
effectively implement its mentoring program.
``(4) Grant to each state.--Notwithstanding any other
provision of this subsection, in selecting grant recipients
under paragraph (1), the Secretary shall select not less than 1
grant recipient from each State for which there is a qualified
applicant.
``(g) Model Screening Guidelines.--
``(1) In general.--Based on model screening guidelines
developed by the Office of Juvenile Programs of the Department
of Justice, the Secretary shall develop and distribute to
program participants specific model guidelines for the
screening of mentors who seek to participate in programs to be
assisted under this part.
``(2) Background checks.--The guidelines developed under
this subsection shall include, at a minimum, a requirement that
potential mentors be subject to reference checks, child and
domestic abuse record checks, and criminal background checks.
``SEC. 10999S. STUDY BY GENERAL ACCOUNTING OFFICE.
``(a) In General.--The Comptroller General of the United States
shall conduct a study to identify successful school-based mentoring
programs, and the elements, policies, or procedures of such programs
that can be replicated.
``(b) Report.--Not later than 3 years after the date of enactment
of the Mentoring for Success Act, the Comptroller General shall submit
a report to the Secretary and Congress containing the results of the
study conducted under this section.
``(c) Use of Information.--The Secretary shall use information
contained in the report referred to in subsection (b)--
``(1) to improve the quality of existing mentoring programs
assisted under this part and other mentoring programs assisted
under this Act; and
``(2) to develop models for new programs to be assisted or
carried out under this Act.
``SEC. 10999T. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out section
10999R $100,000,000 for each of fiscal years 2002 through 2004.''.
|
Mentoring for Success Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make competitive grants to establish and support mentoring programs and activities designed to link children with greatest need with responsible adults and to achieve specified goals.Makes eligible for such grants: (1) local educational agencies; (2) nonprofit community-based organizations; or (3) partnerships between such an agency and such an organization. Requires selection of at least one grant recipient in each State for which there is a qualified applicant.Directs the Comptroller General to study and report to the Secretary and to Congress on successful school-based mentoring programs.
|
{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to support local mentoring programs for children in need, and for other purposes."}
| 2,415 | 133 | 0.52815 | 1.419393 | 0.709735 | 3.208 | 19.016 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bone Marrow Donor Program
Reauthorization Act of 1993''.
SEC. 2. REAUTHORIZATION.
(a) Establishment of Registry.--Section 379(a) of the Public Health
Service Act (42 U.S.C. 274k(a)) is amended by adding at the end thereof
the following: ``With respect to the board of directors--
``(1) each member of the board shall serve for a term of 5
years, except that the terms of each member who is serving on
the date of enactment of the Bone Marrow Donor Program
Reauthorization Act of 1993 shall expire at times determined by
the Secretary, in consultation with the board;
``(2) a member of the board may continue to serve after the
expiration of the term of such member until a successor is
appointed; and
``(3) to ensure the continuity of the board, not more than
one-fifth of the board shall be composed of newly appointed
members each year.''.
(b) Program for Recruitment of Donors.--Section 379(b) of such Act
(42 U.S.C. 274k(b)) is amended--
(1) in paragraph (5) to read as follows:
``(5) establish a program for the recruitment of bone
marrow donors that includes the compilation and distribution of
informational materials and processes to educate and update
potential donors;'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5), the following new
paragraph:
``(6) regularly update the Registry to account for changes
in potential donor status;''.
(c) Information and Education Program.--Section 379 of such Act (42
U.S.C. 274k) is amended--
(1) by redesignating subsection (j) as subsection (k);
(2) by inserting after subsection (i), the following new
subsection:
``(j) Information and Education Program.--
``(1) In general.--The Secretary may award grants to, and
enter into contracts with, public or nonprofit private entities
for the purpose of increasing bone marrow donation by enabling
such entities to--
``(A) plan and conduct programs to provide
information and education to the public on the need for
donations of bone marrow;
``(B) train individuals in requesting such
donations; and
``(C) test and enroll marrow donors.
``(2) Priorities.--In awarding grants and contracts under
paragraph (1), the Secretary shall give priority to carrying
out the purposes described in such paragraph with respect to
minority populations.''; and
(3) in subsection (k) (as so redesignated), by striking
``1991'' and all that follows and inserting ``1994, and such
sums as may be necessary for each of the fiscal years 1995 and
1996.''.
(d) Patient advocacy and Case Management.--
(1) In general.--Section 379 of such Act (42 U.S.C. 274k),
as amended by subsection (c), is amended--
(A) by redesignating subsection (k) as subsection
(l); and
(B) by inserting after subsection (j), the
following new subsection:
``(k) Patient Advocacy and Case Management.--
``(1) Establishment.--The Secretary shall by grant or
contract establish and maintain an office of patient advocacy
and case management that meets the requirements of this
subsection.
``(2) Provisions relating to grants and contracts.--
``(A) Application.--To be eligible for a grant or
contract under this subsection an entity shall prepare
and submit to the Secretary for approval an application
that shall be in such form, submitted in such manner,
and contain such information as the Secretary shall by
regulation prescribe.
``(B) Limitations.--A grant or contract under this
subsection shall be for a period of 3 years. No grant
or contract may exceed $500,000 for any such year.
``(3) Functions.--The office established under paragraph
(1) shall--
``(A) be headed by a director who shall serve as an
advocate on behalf of--
``(i) individuals who are registered with
the Registry to search for a biologically
unrelated bone marrow donor; and
``(ii) the physicians involved;
``(B) establish and maintain a system for patient
advocacy that directly assists patients, their
families, and their physicians in a search for an
unrelated donor;
``(C) provide individual case management services
to directly assist individuals and physicians referred
to in subparagraph (A), including--
``(i) individualized case assessment,
tracking of preliminary search through
activation, and follow up when the search
process is interrupted or discontinued;
``(ii) informing individuals and physicians
of progress made in searching for appropriate
donors; and
``(iii) identifying and resolving
individual search problems or concerns;
``(D) collect and analyze data concerning the
number and percentage of individuals proceeding from
preliminary to formal search and the number and
percentage of patients unable to complete the search
process; and
``(E) survey patients to evaluate how well such
patients are being served and make recommendations for
streamlining the search process.
``(4) Evaluation.--
``(A) In general.--The Secretary shall evaluate the
system established under paragraph (1) and make
recommendations to Congress concerning the success or
failure of such system in improving patient
satisfaction, and any impact the system has had on
assisting individuals in proceeding to transplant.
``(B) Report.--Not later than April 1, 1996, the
Secretary shall prepare and submit to the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate a report concerning the evaluation conducted
under subparagraph (A), including the recommendations
developed under such subparagraph.''.
(2) Registry functions.--Section 379(b)(2) of such Act (42
U.S.C. 274k(b)(2)) is amended by striking ``establish'' and all
that follows through ``directly assists'' and inserting
``cooperate with the patient advocacy and case management
office established under subsection (j) and make available
information on (A) the resources available through the National
Bone Marrow Donor Program, (B) the comparative costs incurred
by patients prior to transplant, and (C) the marrow donor
registries that meet the standards described in subsection
(c)(3) and (d)(1), to assist''.
(3) Effective date.--The amendments made by this subsection
shall take effect on April 1, 1995.
Passed the Senate November 22, 1993.
Attest:
MARTHA S. POPE,
Secretary.
|
Bone Marrow Donor Program Reauthorization Act of 1993 - Amends the Public Health Service Act to provide for the terms of office for members of the board of the National Bone Marrow Donor Registry. Modifies Registry functions.
Authorizes grants and contracts to increase bone marrow donation, including through public education, training individuals in requesting donations, and testing and enrolling marrow donors.
Authorizes appropriations.
Mandates establishment, through grant or contract, of an office of patient advocacy and case management. (Current law requires the Registry to establish a system for patient advocacy.)
|
{"src": "billsum_train", "title": "Bone Marrow Donor Program Reauthorization Act of 1993"}
| 1,501 | 132 | 0.585672 | 1.439145 | 0.608587 | 2.037383 | 13.196262 | 0.859813 |
SECTION 1. REPEAL OF SPECIAL TAX ON RETAIL DEALERS IN LIQUOR AND BEER,
AND ON RECTIFIERS, BREWERS, AND MANUFACTURERS OF STILLS.
(a) In General.--Part II of subchapter A of chapter 51 of the
Internal Revenue Code of 1986 (relating to occupational tax) is amended
by striking the following subparts:
(1) Subpart A (relating to rectifier).
(2) Subpart B (relating to brewer).
(3) Subpart C (relating to manufacturers of stills).
(4) Subpart D (relating to wholesale dealers).
(5) Subpart E (relating to retail dealers).
(b) Clerical and Conforming Amendments.--
(1) The table of subparts for part II of subchapter A of
chapter 51 of such Code is amended by striking items relating
to subparts A, B, C, D, and E.
(2) Subchapter B of chapter 51 of such Code is amended by
striking section 5182 (relating to cross references).
(3) The table of sections for subchapter B of chapter 51 of
such Code is amended by striking the item relating to section
5182.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. PROHIBITION OF ASSESSMENT AND COLLECTION OF OUTSTANDING TAXES.
Notwithstanding any other provision of law--
(1) no assessment of any tax imposed by subpart A, B, C, D,
or E of part II of subchapter A of chapter 51 of the Internal
Revenue Code of 1986 may be made after the date of the
enactment of this Act, and
(2) if such tax was assessed (but not collected) on or
before such date, such assessment shall be abated.
SEC. 3. SIMPLIFICATION OF TAX ON CERTAIN DISTILLED SPIRITS USED IN
NONBEVERAGE PRODUCTS.
(a) In General.--Subpart F of part II of subchapter A of chapter 51
of the Internal Revenue Code of 1986 (relating to nonbeverage domestic
drawback claimants) is amended to read as follows:
``Subpart F--Special Rules for Nonbeverage Domestic Products
``Sec. 5131. Eligibility and rate of tax.
``Sec. 5132. Registration and regulation.
``Sec. 5133. Investigation.
``Sec. 5134. Penalty.
``SEC. 5131. ELIGIBILITY AND RATE OF TAX.
``(a) In General.--In the case of distilled spirits on which a tax
would be determined under this subchapter (other than this subpart) but
for this section, used in the manufacture or production of medicines,
medicinal preparations, food products, flavors, flavoring extracts, or
perfume, which are unfit for beverage purposes, in lieu of the tax so
determined there is hereby imposed a tax at the rate of $1 on each
proof gallon of distilled spirits, or a proportionate tax at the like
rate on all fractional parts of a proof gallon of distilled spirits
withdrawn for the manufacture of such nonbeverage products.
``(b) Bond or Other Security.--The Secretary may require persons
eligible for the application of this subpart to file with him a bond or
other security in such amount such conditions as he shall by
regulations prescribe.
``(c) Allowance of Special Tax Rate Even Where Certain Requirements
Not Met.--Application of this shall not be denied in the case of a
failure to comply with any requirement imposed under this subpart, or
any rule or regulation issued thereunder, upon the person manufacturing
or producing the nonbeverage product set forth in subsection (a) that
distilled spirits on which the tax has been paid or determined were in
fact used in the manufacture or production of medicines, medicinal
preparations, food products, flavors, flavoring extracts, or perfume
which were unfit for beverage purposes.
``SEC. 5132. REGISTRATION AND REGULATION.
``Every person subject to the application of this subpart shall
register annually with the Secretary; keep such books and records as
may be necessary to establish the fact that distilled spirits received
by him and on which the tax has been determined were used in the
manufacture or production of medicines, medicinal preparations, food
products, flavors, flavoring extracts, or perfume which were unfit for
beverage purposes and be subject to such rules and regulations in
relations to such books and records as the Secretary shall prescribe to
secure the Treasury against frauds.
``SEC. 5133. INVESTIGATION.
``For the purpose of ascertaining the correctness of the
application of this subpart, the Secretary is authorized to examine any
books, papers, records, or memoranda as may be necessary to establish
the fact that distilled spirits received were used in the manufacture
or production of medicines, medicinal preparations, food products,
flavors, flavoring extracts, or perfume which were unfit for beverage
purposes, to require the attendance of the person or of any officer or
employee of such person or the attendance of any other person having
knowledge in the premises, to take testimony with reference to any
matter covered by the claim, and to administer oaths to any person
giving such testimony.
``SEC. 5134. PENALTY.
``(a) In General.--In the case of a failure to comply with any
requirement imposed under this subpart or any rule or regulation issued
thereunder, the taxpayer shall be liable for a penalty of $1,000 for
each failure to comply unless it is shown that the failure to comply
was due to reasonable cause.
``(b) Penalty May Not Exceed Amount of Tax Reduction.--The
aggregate amount of the penalties imposed under subsection (a) for
failures described in section 5131(c) shall not exceed the difference
between the amount of tax which would be determined under section 5131
and the amount of tax which would be determined under this subchapter
without regard to section 5131 (determined without regard to subsection
(a)).
``(c) Penalty Treated as Tax.--The penalty imposed by subsection
(b) shall be assessed, collected, and paid in the same manner as taxes,
as provided in section 6665(a).''
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 5010(c)(2) is amended by
striking ``type for which'' and all that follows and inserting
the following: ``type with respect to which section 5131
applies.''
(2) Subsections (a) and (b) of section 5142 of such Code
are each amended by striking ``(except the tax imposed by
section 5131)''.
(3) Subsection (g) of section 7652 of such Code is amended
to read as follows:
``(g) Treatment of Medicinal Alcohol, Etc.--In the case of
medicines, medicinal preparations, food products, flavors, flavoring
extracts, or perfume which were unfit for beverage purposes and which
are brought into the United States from Puerto Rico or the Virgin
Islands--
``(1) subpart F of part II of subchapter A of chapter 51
shall be applied as if--
``(A) the use and tax determined described in
section 5131(a) had occurred in the United States by a
United States person at the time the article is brought
into the United States, and
``(B) the rate of tax so determined were the rate
applicable under subsection (f) of this section, and
``(2) no amount shall be covered into the treasuries of
Puerto Rico or the Virgin Islands.''
(4) The table of subparts for part II of subchapter A of
chapter 51 of such Code is amended by striking the item
relating to subpart F and inserting the following new item:
``Subpart F--Special rules for nonbeverage domestic products.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
|
Amends the Internal Revenue Code to repeal the occupational tax on retail and wholesale dealers of beer and liquor and on rectifiers, brewers, and manufacturers of stills. Revises provisions regarding taxation of certain distilled spirits used in nonbeverage products, including imposition of: (1) a tax rate of one dollar per proof gallon of distilled spirits; and (2) a noncompliance penalty. Makes conforming changes with respect to such products brought into the United States from Puerto Rico and the Virgin Islands.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the special taxes on wholesale and retail dealers in liquor and beer, and for other purposes."}
| 1,825 | 113 | 0.54075 | 1.413081 | 0.846376 | 3.336842 | 16.831579 | 0.831579 |
SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND
IMPROVEMENT COUNCIL.
(a) Amendment.--Part B of title II of the Goals 2000: Educate
America Act (20 U.S.C. 5841 et seq.) is amended to read as follows:
``PART B--NATIONAL STANDARDS
``SEC. 211. PROHIBITION OF FEDERAL FUNDING FOR THE DEVELOPMENT OF
NATIONAL STANDARDS.
``No Federal agency shall expend Federal funds for the development
or dissemination of model or national content standards, national
student performance standards, or national opportunity-to-learn
standards.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on January 1, 1995.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Goals 2000: Educate America Act.--
(1) The table of contents for the Goals 2000: Educate
America Act is amended, in the items relating to title II, by
striking the items relating to part B of such title and
inserting the following:
``Part B--National Standards
``Sec. 211. Prohibition of Federal funding for the development of
national standards.''.
(2) Section 3(a)(7) of such Act (20 U.S.C. 5802(a)(7)) is
amended by striking ``voluntary national content standards
or''.
(3) Section 201 of such Act (20 U.S.C. 5821) is amended--
(A) in paragraph (1), by inserting ``and'' after
the semicolon;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(4) Section 203(a) of such Act (20 U.S.C. 5823(a)) is
amended--
(A) by striking paragraphs (3) and (4); and
(B) by redesignating paragraphs (5) and (6) as
paragraphs (3) and (4), respectively.
(5) Section 204(a) of such Act (20 U.S.C. 5824(a)) is
amended--
(A) by striking all beginning with ``(a)
Hearings.--'' through ``shall, for'' and inserting
``(a) Hearings.--The Goals Panel shall, for''; and
(B) by striking paragraph (2).
(6) Section 241 of such Act (20 U.S.C. 5871) is amended--
(A) in subsection (a), by striking ``(a) National
Education Goals Panel.--''; and
(B) by striking subsections (b) through (d).
(7) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is
amended--
(A) in subparagraph (A), by adding ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 308(b)(2)(A) of such Act (20 U.S.C.
5888(b)(2)(A)) is amended by striking ``including'' and all
that follows through ``of title II;'' and inserting ``including
through consortia of States;''.
(9) Section 312(b) (20 U.S.C. 5892(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(10) Section 314(a)(6) of such Act (20 U.S.C. 5894(a)(6))
is amended by striking ``, if--'' and all that follows through
``populations''.
(11) Section 315 of such Act (20 U.S.C. 5895) is amended--
(A) in subsection (b)--
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4),
respectively;
(iii) in paragraph (1)(A), by striking
``paragraph (4) of this subsection'' and
inserting ``paragraph (3)'';
(iv) in subparagraph (B) of paragraph (2)
(as redesignated by clause (ii)), by striking
``and the voluntary national content'' and all
that follows through ``differences'';
(v) in subparagraph (B) of paragraph (3)
(as redesignated by clause (ii)), by striking
``paragraph (5),'' and inserting ``paragraph
(4),''; and
(vi) in paragraph (4) (as redesignated by
clause (ii)), by striking ``paragraph (4)''
each place it appears and inserting ``paragraph
(3)'';
(B) in the matter preceding subparagraph (A) of
subsection (c)(2), by striking ``subsection (b)(4)''
and inserting ``subsection (b)(3)''; and
(C) in subsection (f), by striking ``subsection
(b)(4)'' each place it appears and inserting
``subsection (b)(3)''.
(12) Section 316 of such Act (20 U.S.C. 5896) is repealed.
(13) Section 503 of such Act (20 U.S.C. 5933) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``28''
and inserting ``27'';
(II) by striking subparagraph (D);
and
(III) by redesignating
subparagraphs (E) through (G) as
subparagraphs (D) through (F),
respectively;
(ii) in paragraphs (2), (3), and (5), by
striking ``subparagraphs (E), (F), and (G)''
each place it appears and inserting
``subparagraphs (D), (E), and (F)'';
(iii) in paragraph (2), by striking
``subparagraph (G)'' and inserting
``subparagraph (F)'';
(iv) in paragraph (4), by striking ``(C),
and (D)'' and inserting ``and (C)''; and
(v) in the matter preceding subparagraph
(A) of paragraph (5), by striking
``subparagraph (E), (F), or (G)'' and inserting
``subparagraph (D), (E), or (F)''; and
(B) in subsection (c)--
(i) in paragraph (1)(B), by striking
``subparagraph (E)'' and inserting
``subparagraph (D)''; and
(ii) in paragraph (2), by striking
``subparagraphs (E), (F), and (G)'' and
inserting ``subparagraphs (D), (E), and (F)''.
(14) Section 504 of such Act (20 U.S.C. 5934) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(b) Elementary and Secondary Education Act of 1965.--
(1) Section 2102(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6622(c)) is amended--
(A) in paragraph (6), by striking ``including
information on voluntary national content standards and
voluntary national student performance standards''; and
(B) in paragraph (7)--
(i) by striking ``voluntary national
content standards,''; and
(ii) by striking ``, voluntary national
student performance standards''.
(2) Section 2402(3)(A) of such Act (20 U.S.C. 6702(3)(A))
is amended by striking ``, challenging State student
performance'' and all that follows through the semicolon and
inserting ``or challenging State student performance
standards;''.
(3) Section 3151(b)(5)(H) of such Act (20 U.S.C.
6871(b)(5)(H)) is amended by striking ``the voluntary national
content standards, the voluntary national student performance
standards and''.
(4) Section 3206(b)(12) of such Act (20 U.S.C. 6896(b)(12)
is amended--
(A) in subparagraph (H), by inserting ``and'' after
the semicolon;
(B) by striking subparagraph (I); and
(C) by redesignating subparagraph (J) as
subparagraph (I).
(5) Section 7136 of such Act (20 U.S.C. 7456) is amended by
striking ``and which are consistent with voluntary national
content standards and challenging State content standards''.
(6) Section 10963(b)(5)(B) of such Act (20 U.S.C.
8283(b)(5)(B)) is amended by striking ``or to bring teachers up
to national voluntary standards''.
(7) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C.
8941(b)(1)(B)(v)) is amended by striking ``the National
Education Goals Panel,'' and all that follows through
``assessments)'' and inserting ``and the National Education
Goals Panel''.
(c) General Education Provisions Act.--Section 428 of the General
Education Provisions Act (20 U.S.C. 1228b), as amended by section 237
of the Improving America's Schools Act of 1994 (Public Law 103-382) is
amended by striking ``the National Education Standards and Improvement
Council,''.
(d) Education Amendments of 1978.--
(1) Section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001), as amended by section 381 of the Improving
America's Schools Act of 1994 (Public Law 103-382) is amended--
(A) by striking subsection (b);
(B) by redesignating subsections (c) through (l) as
subsections (b) through (k), respectively;
(C) in subsection (b) (as redesignated by
subparagraph (B))--
(i) in paragraph (1), by striking ``and the
findings of the studies and surveys described
in subsection (b)''; and
(ii) in paragraph (2), by striking
``subsection (f)'' and inserting ``subsection
(e)'';
(D) in subsection (c) (as redesignated by
subparagraph (B)), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(E) in subsection (d) (as redesignated by
subparagraph (B)), by striking ``subsections (c) and
(d)'' and inserting ``subsections (b) and (c)'';
(F) in paragraph (1) of subsection (e) (as
redesignated by subparagraph (B)), by striking
``subsections (c) and (d)'' each place it appears and
inserting ``subsections (b) and (c)''; and
(G) in subsection (f) (as redesignated by
subparagraph (B)), by striking ``subsections (e) and
(f)'' and inserting ``subsections (d) and (e)''.
(2) Section 1122(d)(1) of such Act (25 U.S.C. 2002(d)(1))
is amended--
(A) by striking ``section 1121(c)'' and inserting
``section 1121(b)''; and
(B) by striking ``section 1121(e)'' and inserting
``section 1121(d)''.
(3) Section 1130 of such Act (25 U.S.C. 2010) is amended--
(A) in subparagraph (B) of subsection (a)(4), by
striking ``section 1121(h)'' and inserting ``section
1121(g)''; and
(B) in the matter preceding subparagraph (A) of
subsection (f)(1), by striking ``section 1121(k)'' and
inserting ``section 1121(j)''.
(4) Section 1137(a)(3) of such Act (25 U.S.C. 2017(a)(3))
is amended by striking ``sections 1121(g)'' and inserting
``sections 1121(f)''.
|
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council).
Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards.
Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria.
Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants.
Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
|
{"src": "billsum_train", "title": "To amend the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council, and for other purposes."}
| 2,952 | 148 | 0.585599 | 1.574214 | 0.710795 | 3.717391 | 18.202899 | 0.862319 |
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