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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness for Life Act''.
SEC. 2. TECHNOLOGY IN PHYSICAL EDUCATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Education is authorized to
make grants on a competitive basis to 10 institutions of higher
education for the expansion of master's degree in physical education
programs that emphasize the incorporation of technology and innovative
teaching practices into the teaching of physical education.
(b) Eligibility.--The Secretary may only award a grant under this
section to an institution of higher education that--
(1) prior to applying for such grant, has established a
master's degree in physical education program; and
(2) submits an application at such time, in such form, and
accompanied by such information and assurances as the Secretary
may require, including--
(A) a detailed description of the institution of
higher education's master's degree in physical
education program;
(B) a detailed description of at least 1 local
educational agency with which the institution of higher
education will partner as required by subsection
(c)(1)(D) and why the institution of higher education
chose such local educational agency as a partner; and
(C) a plan for using grant funds in accordance with
subsection (c).
(c) Use of Funds.--
(1) Required activities.--An institution of higher
education that receives a grant under this section shall use
the grant funds to carry out the following activities:
(A) Instructing its master's degree candidates on
incorporation of technology and innovative teaching
practices into the teaching of physical education and
on ways of encouraging children to be more physically
active outside the classroom.
(B) Developing a curriculum for its master's degree
in physical education program that links practice and
theory.
(C) Offering programs that extend the master's
degree in physical education program into the community
of the local educational agency with which the
institution of higher education is partnering, as
required by subparagraph (D), such as programs that
make available facilities for use by both master's
degree candidates and community members and physical
education classes in which both master's degree
candidates and community members may participate.
(D) Partnering with a local educational agency to
increase the availability and quality of physical
education instruction in schools served by the local
educational agency and to provide master's degree
candidates with opportunities for obtaining student-
teaching experience.
(E) Providing a majority of the instruction
required for graduation from the master's degree in
physical education program at schools served by the
local educational agency with which the institution of
higher education is partnering, as required by
subparagraph (D).
(F) Requiring each master's degree candidate to
serve as a full-time student teacher in schools served
by the local educational agency with which the
institution of higher education is partnering, as
required by subparagraph (D).
(G) Actively promoting the master's degree in
physical education program to prospective students,
including by creating additional incentives to recruit
prospective students into the program, if the
institution of higher education considers such
incentives necessary.
(H) Such additional activities as the Secretary may
require.
(2) Permitted activities.--An institution of higher
education that receives a grant under this section may use any
grant funds remaining after carrying out the activities
required by paragraph (1) for any purpose related to the
incorporation of technology and innovative teaching practices
into its master's degree in physical education program,
including--
(A) purchasing equipment and technology designed to
increase or enhance physical activity participation or
fitness levels, including heart rate monitors, pocket
PCs, and fitness assessment systems;
(B) providing stipends for master's degree
candidates; and
(C) covering the administrative costs incurred by
the institution of higher education in connection with
activities required or permitted by this subsection and
the reporting requirement of subsection (f)(1).
(d) Consultant Institution of Higher Education.--
(1) In general.--Before making grants under this section,
the Secretary shall choose 1 institution of higher education to
serve as a consultant to the Secretary in developing the grant
program, including establishing additional eligibility and
application criteria under subsection (b)(2) and additional
required activities under subsection (c)(1)(H).
(2) Eligibility.--The Secretary may only choose as a
consultant under paragraph (1) an institution of higher
education that, not later than 5 years prior to the beginning
of such relationship and throughout such relationship--
(A) offers a master's degree in physical education
program that emphasizes the incorporation of technology
into the teaching of physical education; and
(B) partners with a local educational agency that
serves schools in which the institution of higher
education's master's degree candidates serve as student
teachers.
(3) Reimbursement of costs.--The Secretary shall reimburse
the institution of higher education the Secretary chooses under
paragraph (1) for the costs it incurs in serving as a
consultant to the Secretary.
(e) Duration and Renewal of Grant.--
(1) Duration.--A grant under this section shall be awarded
over 4 fiscal years.
(2) Renewal.--An institution of higher education is
eligible to apply for renewal of a grant under this section if
it continues to meet the eligibility requirements of subsection
(b).
(f) Reporting Requirements.--
(1) Report from institution of higher education to
secretary.--Not later than 60 days after the conclusion of each
fiscal year in which it receives grant funds under this
section, an institution of higher education shall submit to the
Secretary a report that includes a detailed explanation and
analysis of--
(A) how the institution of higher education has
used grant funds;
(B) the impact of the grant on the ability of the
institution of higher education to train master's
degree candidates to incorporate technology and
innovative teaching practices into the teaching of
physical education; and
(C) the impact that the institution of higher
education's partnership has had on the local
educational agency with which it is partnering, as
required by subsection (c)(1)(D).
(2) Report from secretary to congress.--Not later than 120
days after the conclusion of each fiscal year in which the
Secretary awards grant funds under this section, the Secretary
shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that
includes a summary of--
(A) how institutions of higher education receiving
grants under this section have used grant funds in such
fiscal year;
(B) the impact of the grant program on the ability
of institutions of higher education to train master's
degree candidates to incorporate technology and
innovative teaching practices into the teaching of
physical education; and
(C) the impact of the grant program on the local
educational agencies with which institutions of higher
education are partnering, as required by subsection
(c)(1)(D).
(g) Definitions.--In this section, the following definitions apply:
(1) Fitness assessment system.--The term ``fitness
assessment system'' means a method or device that enables a
physical education teacher to monitor a student's fitness
progress, including a pocket PC and a heart rate monitor.
(2) Innovative teaching practice.--The term ``innovative
teaching practice'' means a teaching practice that gives
teachers an opportunity to explore new ideas and methods for
teaching physical education to students. Such a practice--
(A) shall include the use of technology in the
physical education curriculum; and
(B) may include any other practice that has been
proven to increase students' interest in physical
education or to make students healthier and more
physically fit.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term does not include an
institution described in subsection (a)(1)(C) of such section.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101(26) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26)).
(5) Master's degree candidate.--The term ``master's degree
candidate'' means a student in a master's degree in physical
education program.
(6) Master's degree in physical education program.--The
term ``master's degree in physical education program'' means a
graduate program of study leading to the award of the degree of
master of arts in physical education or master of science in
physical education.
(7) Pocket pc.--The term ``pocket PC'' means a fitness
assessment system, including software and handheld computers,
that enables a physical education teacher to remotely collect
data about each student's fitness as students participate in
class activities and to generate individual fitness report
cards for each student based on such data.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000 for each of the
fiscal years 2011 through 2015, of which not more than 5 percent shall
be available each year for the costs of administering the grant program
established under this section. | Fitness for Life Act - Authorizes the Secretary of Education to make competitive, renewable four-year grants to ten institutions of higher education (IHEs) for the expansion of their master's degree in physical education programs.
Requires IHEs to use the grant funds to: (1) teach students to incorporate technology and innovative teaching practices into physical education instruction and encourage children to be more physically active outside the classroom; (2) develop program curricula that link practice and theory; (3) partner with local educational agencies (LEAs) that serve schools where their students are to serve as full-time student teachers and most of their instruction is to occur; (4) extend their programs into the communities served by their partner LEAs; (5) actively promote their programs to prospective students; and (6) engage in such other activities the Secretary requires.
Directs the Secretary, in developing the grant program, to consult with an IHE that for the past five years has: (1) offered a master's degree in physical education program that emphasizes the incorporation of technology into physical education instruction; and (2) partnered with an LEA that serves schools in which its master's degree candidates serve as student teachers. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to 10 institutions of higher education for the expansion of master's degree in physical education programs that emphasize technology and innovative teaching practices."} | 1,984 | 249 | 0.673503 | 1.954129 | 0.918895 | 2.408511 | 8.076596 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close the Revolving Door Act of
2014''.
SEC. 2. LIFETIME BAN ON MEMBERS OF CONGRESS FROM LOBBYING.
(a) In General.--Section 207(e)(1) of title 18, United States Code,
is amended to read as follows:
``(1) Members of congress.--Any person who is a Senator, a
Member of the House of Representatives or an elected officer of
the Senate or the House of Representatives and who after that
person leaves office, knowingly makes, with the intent to
influence, any communication to or appearance before any
Member, officer, or employee of either House of Congress or any
employee of any other legislative office of the Congress, on
behalf of any other person (except the United States) in
connection with any matter on which such former Senator,
Member, or elected official seeks action by a Member, officer,
or employee of either House of Congress, in his or her official
capacity, shall be punished as provided in section 216 of this
title.''.
(b) Conforming Amendment.--Section 207(e)(2) of title 18, United
States Code, is amended--
(1) in the heading, by striking ``Officers and staff'' and
inserting ``Staff''; and
(2) by striking ``an elected officer of the Senate, or''.
SEC. 3. CONGRESSIONAL STAFF.
Paragraphs (2), (3), (4), (5)(A), and (6)(A) of section 207(e) of
title 18, United States Code, is amended by striking ``1 year'' and
inserting ``6 years''.
SEC. 4. IMPROVED REPORTING OF LOBBYISTS' ACTIVITIES.
Section 6 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is
amended by adding at the end the following:
``(c) Joint Web Site.--
``(1) In general.--The Secretary of the Senate and the
Clerk of the House of Representatives shall maintain a joint
lobbyist disclosure Internet database for information required
to be publicly disclosed under this Act which shall be an
easily searchable Web site called lobbyists.gov with a stated
goal of simplicity of usage.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$100,000 for fiscal year 2015.''.
SEC. 5. LOBBYIST REVOLVING DOOR TO CONGRESS.
(a) In General.--Any person who is a registered lobbyist or an
agent of a foreign principal may not within 6 years after that person
leaves such position be hired by a Member or committee of either House
of Congress with whom the registered lobbyist or an agent of a foreign
principal has had substantial lobbying contact.
(b) Waiver.--This section may be waived in the Senate or the House
of Representatives by the Committee on Ethics or the Committee on
Standards of Official Conduct based on a compelling national need.
(c) Substantial Lobbying Contact.--For purposes of this section, in
determining whether a registered lobbyist or agent of a foreign
principal has had substantial lobbying contact within the applicable
period of time, the Member or committee of either House of Congress
shall take into consideration whether the individual's lobbying
contacts have pertained to pending legislative business, or related to
solicitation of an earmark or other Federal funding, particularly if
such contacts included the coordination of meetings with the Member or
staff, involved presentations to staff, or participation in fundraising
exceeding the mere giving of a personal contribution. Simple social
contacts with the Member or committee of either House of Congress and
staff, shall not by themselves constitute substantial lobbying
contacts.
SEC. 6. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.
The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is
amended by inserting after section 6 the following:
``SEC. 6A. REPORTING BY SUBSTANTIAL LOBBYING ENTITIES.
``(a) In General.--A substantial lobbying entity shall file on an
annual basis with the Clerk of the House of Representatives and the
Secretary of the United States Senate a list of any employee,
individual under contract, or individual who provides paid consulting
services who is--
``(1) a former United States Senator or a former Member of
the United States House of Representatives; or
``(2) a former congressional staff person who--
``(A) made at least $100,000 in any 1 year as a
congressional staff person;
``(B) worked for a total of 4 years or more as a
congressional staff person; or
``(C) had a job title at any time while employed as
a congressional staff person that contained any of the
following terms: `Chief of Staff', `Legislative
Director', `Staff Director', `Counsel', `Professional
Staff Member', `Communications Director', or `Press
Secretary'.
``(b) Contents of Filing.--The filing required by this section
shall contain a brief job description of each such employee, individual
under contract, or individual who provides paid consulting services,
and an explanation of their work experience under subsection (a) that
requires this filing.
``(c) Improved Reporting of Substantial Lobbying Entities.--The
Joint Web site being maintained by the Secretary of the Senate and the
Clerk of the House of Representatives, known as lobbyists.gov, shall
include an easily searchable database entitled `Substantial Lobbying
Entities' that includes qualifying employees, individuals under
contract, or individuals who provide paid consulting services, under
subsection (a).
``(d) Law Enforcement Oversight.--The Clerk of the House of
Representatives and the Secretary of the Senate shall provide a copy of
the filings of substantial lobbying entities to the District of
Columbia United States Attorney, to allow the District of Columbia
United States Attorney to determine whether any such entities are
underreporting the Federal lobbying activities of its employees,
individuals under contract, or individuals who provide paid consulting
services.
``(e) Substantial Lobbying Entity.--In this section, the term
`substantial lobbying entity' means an incorporated entity that employs
more than 3 federally registered lobbyists during a filing period.''.
SEC. 7. ENHANCED PENALTIES.
Section 7(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1606(a)) is amended by striking ``$200,000'' and inserting
``$500,000''. | Close the Revolving Door Act of 2014 - Amends the federal criminal code to impose a lifetime ban on any former Senator, Member of the House of Representatives, or elected officer of the Senate or House of Representatives lobbying any current Member, officer, or employee of Congress or any employee of any other legislative office (currently, the ban is for two years after a Senator leaves office and one year after a Member of the House of Representatives leaves office). Extends such ban from one to six years for officers and employees of the Senate, personal staff of Members, committee staff, leadership staff, and other legislative offices. Prohibits for a six-year period the hiring of a registered lobbyist or agent of a foreign principal by a Member of Congress or a congressional committee with whom the lobbyist or agent has had a substantial lobbying contact. Amends the Lobbying Disclosure Act of 1995 to: (1) direct the Secretary of the Senate and the Clerk of the House of Representatives to maintain a joint lobbyist disclosure Internet database for information required to be publicly disclosed by such Act, (2) require a substantial lobbying entity to file with Congress a list of any employees who provide paid consulting services and who are former Members of Congress or highly-paid congressional staffers, and (3) increase the civil penalty for violations of the disclosure or reporting provisions of such Act. | {"src": "billsum_train", "title": "Close the Revolving Door Act of 2014"} | 1,518 | 296 | 0.61437 | 1.807538 | 0.653451 | 2.958175 | 4.954373 | 0.889734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Services Corps and
Loan Repayment Programs Renewal Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Health Service Corps is a vital resource
for underserved communities experiencing shortages of health
professionals.
(2) For over 35 years, National Health Service Corps
clinicians have expanded access to primary and preventive
health care, dental care, mental health, and behavioral health
services in underserved areas of the United States and have
improved health outcomes among underserved populations.
(3) The National Health Service Corps Scholarship Program
provides a predictable supply of clinicians who will pursue
employment in primary care for underserved communities. Upon
completion of their training, National Health Service Corps
scholars become salaried employees of organized systems of care
in such underserved communities.
(4) The National Health Service Corps Loan Repayment
Program helps communities meet their immediate needs for health
professionals by offering to pay off qualifying educational
loans in exchange for 2 years of service in an underserved
community.
(5) A recent report in the Journal of the American Medical
Association found that community health centers are facing 13
percent vacancies for family physician positions and 20.8
percent vacancies for OB-GYN positions. The study cited heavy
reliance on the National Health Service Corps and recommended
expanding the program in order to address those needs.
(6) Critical to the growth of new and existing health
centers is having a sufficient supply of primary care health
professionals to staff them. Currently, health centers rely on
the National Health Service Corps for over 20 percent of their
physician workforce. Yet, just over half of all Corps
placements are made to health centers, even though they are one
of the strongest cords in the health care safety net.
(7) Health facilities in rural areas, including community
health centers and rural health clinics, face primary care
vacancy rates higher than the national average, and are more
heavily reliant on the National Health Service Corps to address
those needs.
(8) The number of new medical residents choosing a primary
care discipline as a medical specialty is declining, and the
National Health Service Corps Scholarship Program and the
National Health Service Corps Loan Repayment Program provide an
important incentive for students to choose to pursue a career
in primary care.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Funding.--To carry out the programs authorized under sections
331 through 338G of the Public Health Service Act (42 U.S.C. 254d-
254p), there are authorized to be appropriated, and there are
appropriated--
(1) for fiscal year 2008, $131,500,000;
(2) for fiscal year 2009, $175,000,000;
(3) for fiscal year 2010, $200,000,000;
(4) for fiscal year 2011, $225,000,000; and
(5) for fiscal year 2012, $250,000,000.
(b) Assignment of Personnel.--
(1) In general.--Section 333(a)(3) of the Public Health
Service Act (42 U.S.C. 254f(a)(3)) is amended to read as
follows:
``(3)(A) In approving applications for assignment of
members of the Corps, the Secretary shall not discriminate
against applications from entities that are not receiving
Federal financial assistance under this Act.
``(B) In approving the applications described in
subparagraph (A), the Secretary shall--
``(i) give preference to applications in which a
nonprofit entity or public entity shall provide a site
to which Corps members may be assigned; and
``(ii) give the highest preference to
applications--
``(I) for entities described in clause (i)
that are federally-qualified health centers as
defined in section 1905(l)(2)(B) of the Social
Security Act (42 U.S.C. 1396d(l)(2)(B));
``(II) or entities described in clause (i)
that are rural health clinics; and
``(III) for entities described in clause
(i) that primarily serve health disparity
populations or medically underserved
populations.''.
(2) Priorities in assignment of corps personnel.--Section
333A of the Public Health Service Act (42 U.S.C. 254f-1) is
amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (3), and (4),
respectively; and
(ii) by inserting before paragraph (2) (as
so redesignated) the following:
``(1) give preference to applications as set forth in
subsection (a)(3) of such section;''; and
(B) by striking ``subsection (a)(1)'' each place
such appears and inserting ``subsection (a)(2)''.
(3) Conforming amendment.--Section 338I(c)(3)(B)(ii) of the
Public Health Service Act (42 U.S.C. 254q-1(c)(3)(B)(ii)) is
amended by striking ``section 333A(a)(1)'' and inserting
``section 333A(a)(2)''.
(c) Elimination of 6-Year Demonstration Requirement.--Section
332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is
amended by striking ``Not earlier than 6 years'' and all that follows
through ``purposes of this section''. | National Health Services Corps and Loan Repayment Programs Renewal Act of 2007 - Reauthorizes appropriations for the National Health Service Corps for FY2008-FY2012.
Amends the Public Health Service Act to direct the Secretary of Health and Human Services, in approving applications for assignment of members of the Corps, to give the highest preference to entities that are federally-qualified health centers, that are rural health clinics, and that primarily serve health disparity populations or medically underserved populations.
Repeals the requirement that federally qualified health centers and rural health clinics demonstate that they meet health professional shortage area requirements every six years after such a center or clinic is designated as having such a shortage. | {"src": "billsum_train", "title": "To reauthorize and improve programs of the National Health Service Corps."} | 1,215 | 158 | 0.597632 | 1.698788 | 0.657699 | 3.119048 | 8.555556 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Immunization Improvement Act
of 2008''.
SEC. 2. DEMONSTRATION PROJECT FOR VACCINATION CO-LOCATION SERVICES AT
WIC CLINICS.
Section 317(k) of the Public Health Service Act (42 U.S.C. 247b(k))
is amended by adding at the end the following:
``(5) Immunizations.--
``(A) In general.--An immunization grantee under this
section may use amounts made available under this section to
provide, through participating WIC clinics--
``(i) recommended vaccines to children aged 0 to 35
months who satisfy the eligibility requirements;
``(ii) for the coordination of care or immunization
services; or
``(iii) payment for the salary of an immunization
coordinator.
``(B) Immunization information systems.--Any grantee that
receives funding under this section for an immunization
information system shall permit all clinics that participate in
the projects under this section and in the Special Supplemental
Food and Nutrition Program under section 17 of the Child
Nutrition Act of 1966 to have access to the system.
``(C) Appropriate immunization services.--In carrying out
activities under this section related to screening for
appropriate immunization services, the Director of the Centers
for Disease Control and Prevention and State administrators of
the program referred to in subparagraph (A) shall consult with
the Food and Nutrition Service of the Department of
Agriculture.
``(D) Requirement.--Activities under this paragraph shall
target areas with the greatest immunization needs in the 0 to
35 month age group.
``(E) Definitions.--In this paragraph:
``(i) Immunization information system.--The term
`immunization information system' means a confidential,
computerized information system that collects and
consolidates vaccination data from multiple health-care
providers, generates reminder and recall notifications,
and assess vaccination coverage. Such systems may have
added capabilities, such as vaccine management, adverse
event reporting, lifespan vaccination histories, and
interoperability with electronic medical records.
``(ii) Immunization coordinator.--The term
`immunization coordinator' means an individual who
coordinates immunization activities, including the
screening of immunization records, reminders of
necessary immunizations and referrals of patients, if
necessary, to an immunization provider.
``(F) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph, $5,500,000 for
each of the 3-fiscal years beginning with the first fiscal year
after the date of enactment of the Infant Immunization
Improvement Act of 2008.''.
SEC. 3. ANNUAL PUBLIC IMMUNIZATION AWARENESS CAMPAIGN.
Section 317 of the Public Health Service Act (42 U.S.C. 247b) is
amended by adding at the end the following:
``(l) Annual Public Immunization Awareness Campaign.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall annually conduct a public, age appropriate, immunization
awareness campaign, and carry out immunization education and
outreach activities, to--
``(A) increase the awareness of parents of the
benefits of age appropriate immunizations;
``(B) inform the general public concerning the
efficacy of new vaccines and new vaccine schedules; and
``(C) disseminate information that emphasizes the
benefits of recommended vaccines for the public good.
``(2) Timing.--Activities carried out under paragraph (1)
shall be timed to coincide, to the extent practicable, with
national health observances.
``(3) Requirement.--Activities under this subsection shall
target areas with the greatest immunization needs in the 0 to
35 month age group.
``(4) Funding.--In addition to amounts appropriated under
this section for immunization purposes, there is authorized to
be appropriated, $5,000,000 for each of the 3-fiscal years
beginning with the first fiscal year after the date of
enactment of the Infant Immunization Improvement Act of
2008.''.
SEC. 4. SENSE OF THE SENATE CONCERNING ELECTRONIC MEDICAL RECORDS.
It is the sense of the Senate that the Secretary of Health and
Human Services and the Director of the Centers for Disease Control and
Prevention should work to improve the integration of immunization
information systems (as defined in section 317(k)(5) of the Public
Health Service Act) with electronic medical records, other health
information systems, and health information exchanges. | Infant Immunization Improvement Act of 2008 - Amends the Public Health Service Act to authorize an immunization grantee to use funds from a preventive health services grant to provide, through participating Women, Infants and Children Program clinics: (1) recommended vaccines to eligible children aged 0 to 35 months; (2) for the coordination of care or immunization services; or (3) payment for the salary of an immunization coordinator.
Requires: (1) the Director of the Centers for Disease Control and Prevention (CDC) and state administrators of such immunization program to consult with the Food and Nutrition Service in carrying out activities related to screening for appropriate immunization services; and (2) any recipient of such a grant that receives funding for an immunization information system to permit all clinics that participate in preventive health services projects and in the Special Supplemental Food and Nutrition Program to have access to the system.
Requires the Secretary of Health and Human Services, acting through the Director, to annually conduct an immunization awareness campaign and carry out immunization education and outreach activities to: (1) increase the awareness of parents of the benefits of age appropriate immunizations; (2) inform the general public concerning the efficacy of new vaccines and new vaccine schedules; and (3) disseminate information that emphasizes the benefits of recommended vaccines for the public good.
Requires activities under this Act to target areas with the greatest immunization needs in the 0 to 35 month age group.
Calls for the Secretary and the Director to work to improve the integration of immunization information systems with electronic medical records, other health information systems, and health information exchanges. | {"src": "billsum_train", "title": "A bill to improve vaccination rates among children."} | 1,077 | 365 | 0.73657 | 2.028493 | 0.754534 | 4.512903 | 2.86129 | 0.945161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Youth Coordination Act''.
SEC. 2. ESTABLISHMENT AND MEMBERSHIP.
(a) Members and Terms.--There is established the Federal Youth
Development Council (in this Act referred to as the ``Council'')
composed of--
(1) the Attorney General, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human Services,
Secretary of Housing and Urban Development, the Secretary of
Education, the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Drug Control Policy, the
Director of the Office of Management and Budget, the Assistant
to the President for Domestic Policy, the Director of the
U.S.A. Freedom Corps, the Deputy Assistant to the President and
Director of the Office of Faith-Based and Community
Initiatives, and the Chief Executive Officer of the Corporation
for National and Community Service, and other Federal officials
as directed by the President, to serve for the life of the
Council; and
(2) such additional members as the President, in
consultation with the majority and minority leadership of the
House of Representatives and the Senate, shall appoint from
among representatives of faith-based organizations, community
based organizations, child and youth focused foundations,
universities, non-profit organizations, youth service
providers, State and local government, and youth in
disadvantaged situations, to serve for terms of 2 years and who
may be reappointed by the President for a second 2-year term.
(b) Chairperson.--The Chairperson of the Council shall be
designated by the President.
(c) Meetings.--The Council shall meet at the call of the
Chairperson, not less frequently than 4 times each year. The first
meeting shall be not less than 6 months after the date of enactment of
this Act.
SEC. 3. DUTIES OF THE COUNCIL.
The duties of the Council shall be--
(1) to ensure communication among agencies administering
programs designed to serve youth, especially those in
disadvantaged situations;
(2) to assess the needs of youth, especially those in
disadvantaged situations, and the quantity and quality of
Federal programs offering services, supports, and opportunities
to help youth in their educational, social, emotional,
physical, vocational, and civic development;
(3) to set objectives and quantifiable 5-year goals for
such programs;
(4) to make recommendations for the allocation of resources
in support of such goals and objectives;
(5) to identify target populations of youth who are
disproportionately at risk and assist agencies in focusing
additional resources on them;
(6) to develop a plan, including common indicators of youth
well-being, and assist agencies in coordinating to achieve such
goals and objectives;
(7) to assist Federal agencies, at the request of one or
more such agency, in collaborating on model programs and
demonstration projects focusing on special populations,
including youth in foster care, migrant youth, projects to
promote parental involvement, and projects that work to involve
young people in service programs;
(8) to solicit and document ongoing input and
recommendations from--
(A) youth, especially those in disadvantaged
situations;
(B) national youth development experts, parents,
faith and community-based organizations, foundations,
business leaders, and youth service providers;
(C) researchers; and
(D) State and local government officials; and
(9) to work with Federal agencies to conduct high-quality
research and evaluation, identify and replicate model programs,
and provide technical assistance, and, subject to the
availability of appropriations, to fund additional research to
fill identified needs.
SEC. 4. ASSISTANCE OF STAFF.
(a) In General.--The Council may employ and set the rate of pay for
any necessary staff (including a director) to assist in carrying out
its duties.
(b) Staff of Federal Agencies.--Upon request of the Council, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Council
to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF THE COUNCIL.
(a) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(b) Administrative Support Services.--Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
Act.
SEC. 6. ASSISTANCE TO STATES.
(a) In General.--Subject to the availability of appropriations, the
Council may provide technical assistance and make grants to States to
support State councils for coordinating State youth efforts.
(b) Applications.--Applicants for grants must be States.
Applications for grants under this section shall be submitted at such
time and in such form as determined by the Council.
(c) Priority.--Priority for grants will be given to States that--
(1) have already initiated an interagency coordination
effort focused on youth;
(2) plan to work with at least 1 locality to support a
local youth council for coordinating local youth efforts;
(3) demonstrate the inclusion of nonprofit organizations,
including faith-based and community-based organizations, in the
work of the State council; and
(4) demonstrate the inclusion of young people, especially
those in disadvantaged situations, in the work of the State
council.
SEC. 7. REPORT.
Not later than 1 year after the Council holds its first meeting,
and on an annual basis for a period of 4 years thereafter, the Council
shall transmit to the President and to Congress a report of the
findings and recommendations of the Council. The report shall--
(1) include a comprehensive compilation of recent research
and statistical reporting by various Federal agencies on the
overall wellbeing of youth;
(2) include the assessment of the needs of youth, the goals
and objectives, the target populations of at-risk youth, and
the plan called for in section 3;
(3) recommend ways to coordinate and improve Federal
training and technical assistance, information sharing, and
communication among the various programs and agencies serving
youth;
(4) include recommendations to better integrate and
coordinate policies across agencies at the Federal, State, and
local levels, including recommendations for legislation and
administrative actions;
(5) include a summary of actions the Council has taken at
the request of Federal agencies to facilitate collaboration and
coordination on youth serving programs and the results of those
collaborations, if available; and
(6) include a summary of the input and recommendations from
the groups identified in section 3(8).
SEC. 8. TERMINATION.
The Council shall terminate 60 days after transmitting its fifth
and final report pursuant to section 6.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 2005
through 2009 such sums as may be necessary to carry out this Act. | Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of Federal programs serving youth.
Authorizes the Council to provide technical assistance and make grants to States to support State councils for coordinating State youth efforts. | {"src": "billsum_train", "title": "To establish a Federal Youth Development Council to improve the administration and coordination of Federal programs serving youth, and for other purposes."} | 1,496 | 54 | 0.462791 | 1.121225 | 0.901483 | 4.711111 | 32.8 | 0.933333 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``America Rx Act of
2010''.
(b) Purpose.--The purpose of this Act is to establish an America Rx
program that utilizes manufacturer rebates and pharmacy discounts to
reduce prescription drug prices to those residents who are without
access to discounted prices for outpatient prescription drugs.
SEC. 2. AMERICA RX PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall establish a program (in this section referred to
as the ``America Rx program'') consistent with the provisions
of this section to provide qualified residents with access to
discounted prices for outpatient prescription drugs through
rebate agreements that the Secretary has negotiated with
prescription drug manufacturers.
(2) Outreach.--The Secretary shall provide for--
(A) outreach efforts to build public awareness of
the program and maximize enrollment of qualified
residents; and
(B) simplified eligibility procedures and uniform
eligibility standards for qualified residents.
(b) Rebate Agreements With Manufacturers.--
(1) In general.--Under the America Rx program the Secretary
shall negotiate with manufacturers of outpatient prescription
drugs rebate agreements with respect to drugs offered under the
program to qualified residents.
(2) Minimum amount of rebates.--In negotiating the amount
of such a rebate under paragraph (1), the Secretary shall take
into consideration the amount of the rebate calculated under
the Medicaid program, the average manufacturer price of
prescription drugs, and other information on prescription drug
prices and price discounts. The Secretary shall negotiate the
amount of such rebates in a manner so that the rebates on
average are comparable to the average percentage rebate
obtained in outpatient prescription drugs provided under
section 1927(c) of the Social Security Act (42 U.S.C. 1396r-
8(c)).
(3) Discounted prices.--The Secretary shall specify the
method for computing and applying such discounts, including a
method for computing and applying discounts on a uniform,
average percentage basis.
(4) Payment.--Rebates under such agreements shall be
payable to the Secretary according to a schedule (not less
often than quarterly) negotiated with manufacturers and shall
be paid, directly or through States, to participating
pharmacies that provide discounts to qualified residents.
(5) Incentive.--In order to induce manufacturers of
outpatient prescription drugs to enter into such rebate
agreements to carry out the purpose described in section 1(b),
the Secretary shall provide, in the case of a manufacturer that
has not entered into such an agreement, for a denial of a
deduction under chapter 1 of the Internal Revenue Code of 1986
for the amount of expenses of the manufacturer for advertising
and marketing of drugs of the manufacturer, other than expenses
for free samples of drugs subject to section 503(b)(1) of the
Federal Food Drug, and Cosmetic Act intended to be distributed
to patients.
(6) Application of rebates.--Amounts received by the
Secretary as rebates under this subsection shall be placed into
an appropriate account in the Treasury and shall be available
in advance of appropriations to the Secretary for the payment
of discounts and other costs of participating pharmacies in
carrying out the America Rx program and for the payment of
administrative costs in carrying out the program. Under the
America Rx program, participating pharmacies shall be ensured
reasonable and timely payment of discounts they provide to
qualified residents under the program.
(c) Role of States in Administering Program.--
(1) In general.--Under the America Rx program the Secretary
may enter into appropriate arrangements with States under which
States provide for the administration of the program in return
for payment of the reasonable administrative expenses
associated with such administration.
(2) Administrative functions.--Such administration
functions may include--
(A) determinations of eligibility of qualified
residents;
(B) arrangements with participating pharmacies; and
(C) such other functions as the Secretary
determines appropriate.
(3) Contractual authority.--In carrying out
responsibilities under this section, the Secretary and States
may enter into agreements with pharmacy benefit managers and
other third parties.
(d) Program Eligibility.--
(1) Qualified resident defined.--For purposes of this
section, the term ``qualified resident'' means an individual
who--
(A) is a citizen or national of the United States
or is lawfully present in the United States (as
determined in accordance with section 1411 of the
Patient Protection and Affordable Care Act); and
(B) as determined under regulations of the
Secretary, is not covered under any public or private
program that provides substantial benefits (which may
be discounted prices) towards the purchase of
outpatient prescription drugs.
(2) Screening.--
(A) For other governmental programs.--Individuals
who apply for benefits under the America Rx program
shall be screened for eligibility under the Medicaid
program and other applicable Governmental health care
programs and, if found eligible, shall be enrolled in
such program or programs.
(B) Screening by health insurance exchanges.--In
the case of individuals enrolling in a qualified health
plan through a Health Insurance Exchange under title I
of the Patient Protection and Affordable Care Act, the
Exchange shall provide (at the time of enrollment) for
a screening of the individual to determine if the
individual is a qualified resident for purposes of the
America Rx program.
(3) Relation to other coverage.--In order not to discourage
employers and health insurance issuers from providing
comprehensive prescription drug coverage through a group health
plan or health insurance coverage, no such employer or issuer
may participate in a Health Insurance Exchange if the Secretary
determines that the prescription drug benefits under the plan
or coverage have been reduced as a result of the America Rx
program.
(4) Protection of the low income.--Nothing in this section
shall be construed as reducing the prescription drug benefits
available to low-income individuals, as well as senior citizens
and the disabled, under the Medicare or Medicaid programs as a
result of the implementation of the America Rx program.
(e) Arrangements With Participating Pharmacies.--
(1) In general.--Under the America Rx program arrangements
are made with pharmacies for the provision of prescription
drugs at discounted prices to qualified residents in a
reasonably accessible manner. Such arrangements shall provide
that--
(A) each participating pharmacy shall--
(i) provide discounts on prices for
outpatient prescription drugs for qualified
residents in return for prompt reimbursement of
the amount of such discounts and a reasonable
dispensing fee;
(ii) not charge qualified residents more
(before such discounts) for outpatient
prescription drugs than the amount that
individuals who are not qualified residents are
charged for such drugs; and
(iii) report to the Secretary (or the
Secretary's designee) information regarding the
discounts provided and fees incurred; and
(B) the program shall--
(i) ensure the reasonable and timely
payment to a participating retail pharmacy on a
prompt basis (no less promptly than as provided
under the Medicare program) for discounted
prices provided to qualified residents under
the program and for reasonable dispensing fees;
and
(ii) not impose any additional fees on such
pharmacies in connection with participation in
the program.
(2) Discounted prices.--The amount of the discount provided
to enrolled qualifying residents shall reflect the amount of
rebates obtained, reduced by expenses relating to
administrative costs of the Federal and State governments and
of participating pharmacies.
(f) Definitions.--For purposes of this section:
(1) The term ``Health Insurance Exchange'' means such an
Exchange as established and operated under part 3 of subtitle D
of title I of the Patient Protection and Affordable Care Act.
(2) The term ``manufacturer'' has the meaning given such
term in section 1927(k)(5) of the Social Security Act (42
U.S.C. 1396r-8(k)(5)).
(3) The term ``Medicaid program'' means a State program
under title XIX of the Social Security Act, including such a
program operating under a Statewide waiver under section 1115
of such Act.
(4) The term ``outpatient prescription drug'' has the
meaning given the term ``covered outpatient drug'' in section
1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-
8(k)(2)).
(5) The term ``Secretary'' means the Secretary of Health
and Human Services.
(6) The term ``State'' has the meaning given such term for
purposes of title XIX of the Social Security Act. | America Rx Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to establish the America Rx program to provide qualified residents with access to discounted prices for outpatient prescription drugs through rebate agreements that the Secretary negotiates with prescription drug manufacturers. Makes eligible only those residents that are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs.
Requires rebates to be payable to the Secretary at least quarterly and to be paid, directly or through states, to participating pharmacies that provide discounts to qualified residents.
Denies manufacturers who do not participate in the rebate program a tax deduction for advertising and marketing expenses of drugs. | {"src": "billsum_train", "title": "To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices."} | 1,866 | 146 | 0.638254 | 1.668519 | 0.633841 | 4.131783 | 13.434109 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Canyon National Park Complex
Act of 1996''.
SEC. 2. ESTABLISHMENT OF BLACK CANYON OF THE GUNNISON NATIONAL PARK.
(a) There is hereby established the Black Canyon of the Gunnison
National Park (hereinafter referred to as the ``park'') in the State of
Colorado. The Black Canyon National Monument is abolished as such, and
all lands and interest therein are hereby incorporated within and made
part of the Black Canyon of the Gunnison National Park. Any reference
to the Black Canyon of the Gunnison National Monument shall be deemed a
reference to Black Canyon of the Gunnison National Park, and any funds
available for the purposes of the monument shall be available for
purposes of the park.
(b) The Secretary of the Interior (hereinafter referred to as the
``Secretary'') acting through the Director of the National Park Service
shall manage the park, subject to valid exiting rights, in accordance
with this Act and under the provisions of law generally applicable to
units of the National Park System including but not limited to the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and other
applicable provisions of law.
SEC. 3. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.
(a) There is hereby established the Gunnison Gorge National
Conservation Area (hereafter referred to as the ``conservation area'')
in the State of Colorado, consisting of approximately 64,139 acres as
generally depicted on the map entitled ``Black Canyon of the Gunnison
National Park Complex--Map No. 2, dated 10/27/95'' (hereinafter
referred to as the ``map'').
(b) The Secretary, acting through the Director of the Bureau of
land management, shall manage the conservation area, subject to valid
existing rights, in accordance with this Act, the Federal Land
Management and Policy Act of 1976, and other applicable provisions of
law.
(c) In addition to the use of motorized vehicles on established
roadways, the use of motorized vehicles in the conservation area shall
be allowed to the extent compatible, in accordance with existing off-
highway vehicle designations as described in the current, approved
management plan, or as part of the management plan prepared pursuant to
this Act.
(d) Within four years following the date of enactment of this Act,
the Secretary shall develop and transmit to the Committee on Energy and
Natural Resources of the United States Senate and to the Committee on
Resources of the United States House of Representatives a comprehensive
plan for the long-range protection and management of the conservation
area. The plan shall describe the appropriate uses and management of
the conservation area consistent with the provisions of this Act. The
plan may incorporate appropriate decisions contained in any current
management or activity plan for the area. The plan may also incorporate
appropriate wildlife habitat management or other plans that have been
prepared for the lands within or adjacent to the conservation area, and
shall be prepared in close consultation with appropriate agencies of
the State of Colorado and shall use information developed in previous
studies of the lands within or adjacent to the conservation area.
SEC. 4. ESTABLISHMENT OF THE CURECANTI NATIONAL RECREATION AREA, AND
THE DENVER AND RIO GRANDE RAILROAD NATIONAL HISTORIC
SITE.
(a) There is hereby established, the Curecanti National Recreation
Area (hereinafter referred to as the ``recreation area'' in the State
of Colorado. The recreation area shall consist of the lands and water
within the area designated ``Curecanti National Recreation Area'' as
depicted on the map.
(b) The Secretary, acting through the Director of the National Park
Service shall manage the recreation area, subject to valid existing
rights, in accordance with this Act and under provisions of law
generally applicable to units of the National Park System including but
not limited to the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et
seq.), and other applicable provisions of law, except as otherwise
provided in this section.
(c) The establishment of the recreation area under subsection (a)
shall not affect or interfere with the validity of withdrawals made
before the date of enactment of this Act for reclamation or power
purposes. Operation of improvements on and the management of lands
occupied by dams, structures, or other facilities subject to the
Colorado River Storage Project Act of 1956 (42 U.S.C. 620 et seq.)
shall be the responsibility of the Secretary, acting through the
Commissioner of the Bureau of Reclamation. Such lands shall be
delineated through a joint agreement among the Bureau of Reclamation,
the National Park Service, and all associated entities. The Secretary
may enter into additional agreements which address sharing of
jurisdiction and authorities on the delineated lands. All lands within
the recreation area which have been withdrawn or acquired by the United
States for reclamation purposes shall remain subject to the purposes
and uses established under the Colorado River Storage Project Act of
1956 (42 U.S.C. 620 et seq.). The Secretary may exclude any area from
the recreation area for reclamation or power purposes upon determining
that it is in the national interest to do so.
(d) The Secretary shall administer the recreation area subject to
all public laws, memoranda of interagency agreement, memoranda of
agreement and/or understanding, including cooperative agreements,
licenses, permits, and contracts and right-of-way agreements currently
in effect, and/or referenced in the Curecanti National Recreation Area
Statement for Management, dated November 1990.
(e) Within the recreation area there is hereby established, subject
to the provisions of this section, the Denver and Rio Grande National
Historic Site (hereinafter referred to as the ``historic site'')
consisting of the Denver and Rio Grande rolling stock and train trestle
at Cimarron, as depicted on the map. The Secretary may include those
portions of the historic railroad bed within the boundaries of the
historic site which would serve to enhance or contribute to the
interpretation of the development of the railroad and its role in the
development of western Colorado.
(f) Within the recreation area there is hereby established, subject
to the provisions of this section, the Curecanti Archeological District
(hereinafter referred to as the ``district'') as depicted on the map.
(g) Within one year after the enactment of this Act, the Secretary
shall submit a comprehensive list of laws, rules, regulations, right-of
way permits and agreements, licensing agreements, special-use permits
or other authorizing documents issued by the Bureau of Reclamation, the
Bureau of Land Management, and the Forest Service, for the use of lands
within the recreation area, to the Committee on Energy and Natural
Resources of the United States Senate and to the Committee on Resources
of the United States House of Representatives.
SEC. 5. THE ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON NATIONAL
PARK COMPLEX.
(a) There is hereby established the Black Canyon of the Gunnison
National Park Complex (hereinafter referred to as the ``complex'') in
the State of Colorado. The complex shall include the following lands as
depicted on the map:
(1) The park.
(2) The conservation area.
(3) The recreation area.
(4) Those portions of lands comprising the Gunnison
National Forest as depicted on the map.
(b) The Secretary, acting through the Director of the National Park
Service shall manage the park, recreation area, historic site and
district; and acting through the Director of the Bureau of Land
Management, shall manage the conservation area in accordance with this
Act, and other applicable provisions of law.
(c) The Secretary of Agriculture, acting through the Chief of the
Forest Service shall manage, subject to valid existing rights, those
portions of the forest that have been included in the complex in
accordance with the laws, rules, and regulations pertaining to the
National Forest System and this Act.
(d) The Secretaries shall manage the areas under their jurisdiction
within the complex in a consistent manner to the maximum extent
practical. Wherever possible, regulations, permits, licenses, and other
agreements should be issued jointly. The Secretaries shall ensure that,
to the maximum extent practical, that personnel, equipment, and other
resources are shared among the agencies and that the duplication of
effort is reduced or eliminated.
SEC. 6. WATER RIGHTS.
Nothing in this Act, nor in any action taken pursuant thereto under
any other act, shall constitute an express or implied reservation of
water for any purpose. Nothing in this Act, nor any actions taken
pursuant thereto shall affect any existing water rights, including, but
not limited to, any water rights held by the United States prior to the
date of enactment of this Act. Any water rights that the Secretary
determines are necessary for the purposes of this Act shall be acquired
under the procedural and substitutive requirements of the laws of the
State of Colorado.
SEC. 7. RECREATIONAL AND MULTIPLE-USE ACTIVITIES.
(a) In carrying out this Act, in addition to other related
activities that may be permitted pursuant to this Act, the Secretaries
shall provide for general recreation and multiple use activities that
are considered appropriate and compatible within the areas of their
respective jurisdiction, including, but not limited to, swimming,
fishing, boating, rafting, hiking, horseback riding, camping and
picnicking. The Secretaries shall also provide for certain multiple use
activities, subject to valid existing rights, including grazing and the
harvesting of hay; the maintenance of roads, stock driveways, and
utility rights-of-way. Within the boundaries of the recreation area the
Secretary shall also provide for off-road vehicle use below high water
levels, on frozen lake surfaces, and on related designated access
routes; and other such uses as the Secretary may deem appropriate.
(b) The Secretaries shall permit hunting, fishing, noncommercial
taking of fresh-water crustaceans, and trapping on the lands and waters
under the Secretaries jurisdiction in accordance with applicable laws
and regulations of the United States and the State of Colorado, except
that the Secretaries, after consultation with the Colorado Division of
Wildlife, may issue regulations designating zones where and
establishing periods when no hunting or trapping shall be permitted for
reasons of public safety, administration, or public use and enjoyment.
Subject to valid existing rights, hunting and trapping will not be
allowed within the boundaries of the park.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out this Act. | Black Canyon National Park Complex Act of 1996 - Establishes the Black Canyon of the Gunnison National Park in Colorado. Abolishes the Black Canyon National Monument and incorporates all lands and interests therein as part of the Park.
Establishes in Colorado: (1) the Gunnison Gorge National Conservation Area (conservation area); (2) the Curecanti National Recreation Area (recreation area); (3) the Denver and Rio Grande National Historic Site (consisting of the Denver and Rio Grande rolling stock and train trestle at Cimarron) and the Curecanti Archeological District located within the recreation area; and (4) the Black Canyon of the Gunnison National Park Complex (consisting of the Park, the conservation area, the recreation area, and portions of the Gunnison National Forest).
Requires the Secretary of the Interior to transmit to specified congressional committees: (1) a comprehensive plan for the long-range protection and management of the conservation area; and (2) a comprehensive list of authorizing documents issued by the Bureau of Reclamation, the Bureau of Land Management, and the Forest Service for the use of lands within the recreation area.
Directs the Secretaries of Agriculture and the Interior, with respect to areas within their jurisdictions, to: (1) provide for appropriate general recreation and multiple use activities, including swimming, fishing, boating, rafting, hiking, horseback riding, camping, and picnicking and, subject to valid existing rights, grazing and hay harvesting and the maintenance of roads, stock driveways, and utility rights-of-way; (2) permit limited off-road vehicle use within the recreation area; and (3) permit hunting, fishing, noncommercial taking of fresh-water crustaceans, and trapping (except that hunting and trapping are prohibited within the Park and in such zones and periods as the Secretaries may designate).
Authorizes appropriations. | {"src": "billsum_train", "title": "Black Canyon National Park Complex Act of 1996"} | 2,440 | 415 | 0.632825 | 2.034786 | 0.752389 | 4.620879 | 6.129121 | 0.93956 |
SECTION 1. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
(a) In General.--Title III of the Homeland Security Act of 2002 (6.
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 316. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
``(a) Establishment.--There is in the Department a National Bio and
Agro-defense Facility (referred to in this section as the `NBAF'),
which shall be headed by a Director who shall be appointed by the
Secretary.
``(b) Purposes.--
``(1) In general.--The NBAF shall be an integrated human,
foreign-animal, and zoonotic disease research, development,
testing, and evaluation facility with the purpose of supporting
the complementary missions of the Department, the Department of
Agriculture, and the Department of Health and Human Services in
defending against the threat of potential acts of agroterrorism
and natural-occurring incidents related to agriculture with the
potential to adversely impact public health, animal health, and
the economy, or may otherwise impact homeland security.
``(2) Knowledge production and sharing.--The NBAF shall
produce and share knowledge and technology for the purpose of
reducing economic losses caused by foreign-animal, zoonotic,
and, as appropriate, other endemic animal diseases of livestock
and poultry and preventing human suffering and death caused by
diseases existing or emerging in the agricultural sector.
``(c) Responsibilities of Director.--The Secretary shall vest in
the Director primary responsibility for each of the following:
``(1) Directing basic, applied, and advanced research,
development, testing, and evaluation relating to foreign-
animal, zoonotic, and, as appropriate, other endemic animal
diseases, including foot and mouth disease, and performing
related activities, including--
``(A) developing countermeasures for foreign-
animal, zoonotic, and, as appropriate, other endemic
animal diseases, including diagnostics, vaccines and
therapeutics;
``(B) providing advanced test and evaluation
capability for threat detection, vulnerability, and
countermeasure assessment for foreign-animal, zoonotic,
and, as appropriate, other endemic animal diseases;
``(C) conducting nonclinical, animal model testing
and evaluation under the Food and Drug Administration's
Animal Rule as defined in parts 314 and 601 of title
22, Code of Federal Regulations, to support the
development of human medical countermeasures by the
Department of Human Services under the Public Health
Service Act (42 U.S.C. 201 et seq);
``(D) establishing NBAF information-sharing
mechanisms to share information with relevant
stakeholders, including the National Animal Health
Laboratory Network; and
``(E) identifying and promoting uniform national
standards for animal disease diagnostics.
``(2) Facilitating the coordination of Federal, State, and
local governmental research and development efforts and
resources relating to protecting public health and animal
health from foreign-animal, zoonotic, and, as appropriate,
other endemic animal diseases.
``(3) Ensuring public safety during an emergency by
developing an emergency response plan under which emergency
response providers in the community are sufficiently prepared
or trained to respond effectively and given sufficient notice
to allow for an effective response.
``(4) Ensuring NBAF site and facility security.
``(5) Providing training to develop skilled research and
technical staff with the needed expertise in operations
conducted at biological and agricultural research facilities.
``(6) Leveraging the expertise of academic institutions,
industry, the Department of Energy National Laboratories, State
and local governmental resources, and professional
organizations involved in veterinary, medical and public
health, and agriculture issues to carry out functions describes
in (1) and (2).
``(d) Requirements.--The Secretary, in designing and constructing
the NBAF, shall ensure that the facility meets the following
requirements:
``(1) The NBAF shall consist of state-of-the-art
biocontainment laboratories capable of performing research and
activities at Biosafety Level 3 and 4, as designated by the
Centers for Disease Control and Prevention and the National
Institutes of Health.
``(2) The NBAF facility shall be located on a site of at
least 30 acres that can be readily secured by physical measure.
``(3) The NBAF facility shall be at least 500,000 square
feet with a capacity of housing a minimum of 80 large animals
for research, testing and evaluation.
``(4) The NBAF shall be located at a site with a
preexisting utility infrastructure, or a utility infrastructure
that can be easily built.
``(5) The NBAF shall be located at a site that has been
subject to an Environmental Impact Statement under the National
Environmental Policy Act of 1969.
``(6) The NBAF shall be located within a reasonable
proximity to a national or regional airport and to major
roadways.
``(e) Authorization to Procure Real Property and Accept in Kind
Donations for the NBAF Site.--The Secretary may accept and use
donations of real property for the NBAF site and may accept and use in-
kind donations of real property, personal property, laboratory and
office space, utility services, and infrastructure upgrades for the
purpose of assisting the Director in carrying out the responsibilities
of the Director under this section.
``(f) Applicability of Other Laws.--
``(1) Public buildings act.--The NBAF shall not be
considered a ``public building'' for purposes of the Public
Buildings Act of 1959 (40 U.S.C. 3301 et seq.).
``(2) Live virus of foot and mouth disease research.--The
Secretary shall enable the study of live virus of foot and
mouth disease at the NBAF, wherever it is sited,
notwithstanding section 113a of title 21, United States Code.
``(g) Coordination.--
``(1) Interagency agreements.--
``(A) In general.--The Secretary shall enter into
understandings or agreements with the heads of
appropriate Federal departments and agencies, including
the Secretary of Agriculture and the Secretary of
Health and Human Services, to define the respective
roles and responsibilities of each Department in
carrying out foreign-animal, zoonotic, and other
endemic animal disease research and development at the
NBAF to protect public health and animal health.
``(B) Department of agriculture.--The understanding
or agreement entered into with the Secretary of
Agriculture shall include a provision describing
research programs and functions of the Department of
Agriculture and the Department of Homeland Security,
including those research programs and functions carried
out at the Plum Island Animal Disease Center and those
research programs and functions that will be
transferred to the NBAF.
``(C) Department of health and human services.--The
understanding or agreement entered into with the
Department of Health and Human Services shall describe
research programs of the Department of Health and Human
Services that may relate to work conducted at NBAF.
``(2) Cooperative relationships.--The Director shall form
cooperative relationships with the National Animal Health
Laboratory Network and American Association of Veterinary
Laboratory Diagnosticians to connect with the network of
Federal and State resources intended to enable an integrated,
rapid, and sufficient response to animal health emergencies.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
III the following:
``Sec. 316. National Bio and Agro-defense Facility.''. | Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) a National Bio- and Agro-defense Facility (NBAF), which shall: (1) be an integrated human, foreign-animal, and disease research, development, testing, and evaluation facility to support DHS, the Department of Agriculture (USDA), and other federal agencies in defending against the threat of agroterrorism and certain naturally-occurring incidents related to agriculture; and (2) produce and share knowledge and technology for the purpose of protecting animal and public health and reducing economic losses caused by diseases of livestock and poultry.
Directs the Secretary of Homeland Security and the Secretary of Agriculture to develop a joint strategy to define the respective roles and responsibilities of DHS and USDA regarding activities undertaken at NBAF on foreign animal diseases. Authorizes the Secretaries to: (1) enter into agreements with the heads of federal agencies with missions that may be supported by NBAF activities; or (2) use existing agreements with such heads to define the respective roles and responsibilities of each agency in carrying out research, development, testing, evaluation, and diagnostic activities at NBAF.
Directs the DHS Secretary to appoint a Director of NBAF who shall be responsible for: (1) managing, operating, and maintaining NBAF; (2) ensuring NBAF physical site security, information security, biosafety, biosecurity, and biosurety; (3) developing an emergency response plan for training and notifying emergency response providers in the surrounding community; and (4) monitoring the activities of DHS and USDA and reporting to the respective Secretaries on the status of the fulfillment of each Department's obligations.
Requires the DHS Secretary to appoint one or more Directors of Homeland Security Programs, one of whom shall be the Director of Homeland Security Research Programs at NBAF. Makes that Director responsible for: (1) directing the research programs of DHS at NBAF; (2) facilitating the coordination of federal, state, and local governmental efforts and resources relating to DHS's activities carried out pursuant to the joint strategy; (3) providing training to DHS research and technical staff at NBAF; (4) conducting animal model development, testing, and evaluation to support the development of human medical countermeasures; and (5) leveraging the expertise of academic institutions, private industry, the Department of Energy (DOE) National Laboratories, state and local governmental resources, and professional organizations to carry out DHS's activities at NBAF.
Directs the Secretary of Agriculture to appoint one or more Directors of USDA Programs at NBAF who shall be responsible for directing the programs of the Department at NBAF.
Directs the DHS Secretary to ensure that the NBAF facility: (1) consists of state-of-the-art biocontainment laboratories capable of performing research and activities at Biosafety Levels 3 and 4; (2) is of sufficient size in terms of acreage and laboratory capacity and has access to necessary supporting infrastructure to enable the Secretaries to carry out their respective responsibilities pursuant to the joint strategy; and (3) is located at a site that has been subject to an Environmental Impact Statement. Authorizes the DHS Secretary to acquire real property for NBAF through purchase or donation and to accept and use in-kind donations of personal property, laboratory and office space, utility services, and infrastructure upgrades to carry out the purposes of the Act.
Directs the Secretary of Agriculture to issue a permit to the DHS Secretary for work on the live virus of foot and mouth disease at NBAF, which shall be valid unless the Secretary of Agriculture finds that the study of such live virus at NBAF is not being carried out in accordance with regulations issued under the Agricultural Bioterrorism Protection Act of 2002.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish a National Bio and Agro-defense Facility."} | 1,656 | 805 | 0.685333 | 2.337913 | 0.769498 | 2.914923 | 2.147838 | 0.861925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Beneficiary
Protection Act of 1998''.
SEC. 2. MODIFICATION OF HOME HEALTH SERVICES COST LIMITS.
(a) Establishment of a Moratorium on Implementation of Per
Beneficiary Limits Under Interim Payment System.--Section 1861(v)(1)(L)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by
section 4602(c) of the Balanced Budget Act of 1997) is amended by
striking clauses (v), (vi), and (vii).
(b) Per Visit Cost Limits.--
(1) Basis for limits.--Section 1861(v)(1)(L)(i) of the
Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)) (as amended
by section 4602(a) of the Balanced Budget Act of 1997) is
amended--
(A) in subclause (III)--
(i) by striking ``October 1, 1997'' and
inserting ``July 1, 1997''; and
(ii) by striking ``or'' at the end;
(B) by amending subclause (IV) to read as follows:
``(IV) July 1, 1997, and before July 1, 2000, 112 percent
of such mean applicable for cost reporting periods beginning on
or after July 1, 1996, and before July 1, 1997, and''; and
(C) by adding at the end the following:
``(V) July 1, 2000, 112 percent of the mean of the labor-
related and nonlabor per visit costs for freestanding home
health agencies.''.
(2) Establishing a 3-year freeze on cost limits.--Section
1861(v)(1)(L)(iii) of such Act (42 U.S.C. 1395x(v)(1)(L)(iii))
(as amended by section 4602 of the Balanced Budget Act of 1997)
is amended by striking ``October 1, 1997'' and inserting ``July
1, 2000''.
SEC. 3. STRENGTHENING MEDICARE OVERSIGHT OF HOME HEALTH SERVICES
EXPENDITURES.
(a) In General.--Section 4614 of the Balanced Budget Act of 1997 is
amended by redesignating subsection (c) as subsection (d) and inserting
after subsection (b) the following:
``(c) Procedures To Eliminate Inappropriate Utilization of Home
Health Services.--
``(1) In general.--The Secretary of Health and Human
Services shall establish a process for eliminating
inappropriate utilization of home health services by reviewing
claims for reimbursement of such services furnished under the
medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) in which the number of home health
visits provided to a beneficiary in a year exceeds the regional
average of per beneficiary annual visits.
``(2) Referral to ig.--If the Secretary of Health and Human
Services determines appropriate, the Secretary shall--
``(A) issue a determination denying payment for a
claim described in paragraph (1); and
``(B) refer the name of the provider that submitted
such claim to the Office of Inspector General of the
Department of Health and Human Services for
investigation.
``(3) Application.--This subsection shall apply to claims
for reimbursement submitted after the process described in
paragraph (1) is established.''.
(b) Reports to Congress.--Section 4616(b) of the Balanced Budget
Act of 1997 (42 U.S.C 1395y note) is amended by adding at the end the
following: ``The Secretary shall include in each of the reports for
fiscal years 1999 through 2002 recommendations regarding changes to the
method of payment, claims review, and scope of benefits that the
Secretary determines is necessary to achieve actual outlays under such
parts for such services during the following fiscal year that are equal
to the estimated outlays under subsection (a) for such year.''.
SEC. 4. MODIFICATION OF CALCULATION OF PAYMENT AMOUNT FOR HOME HEALTH
SERVICES UNDER THE PROSPECTIVE PAYMENT SYSTEM.
(a) Establishment of Equitable Limits for Calculating Prospective
Payment Rates.--
(1) In general.--Section 1895(b)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1395fff(b)(3)(A)(i)) (as added by
section 4603 of the Balanced Budget Act of 1997) is amended by
inserting ``the greater of $21,200,000,000 or'' after ``equal
to''.
(2) Contingency.--Section 4603(e) of the Balanced Budget
Act of 1997 (42 U.S.C. 1395fff note) is amended--
(A) by striking ``If'' and inserting the following:
``(1) In general.--If'';
(B) in paragraph (1) (as redesignated by
subparagraph (A)), by striking ``provide for a
reduction by 15 percent'' and all that follows and
inserting the following: ``provide--
``(A) for such cost reporting periods that begin
before October 1, 2002, for an adjustment to the cost
limits described in section 1861(v)(1)(L) of such Act
so that the total amounts payable for such services in
a fiscal year is equal to the greater of--
``(i) the applicable amount (as defined in
paragraph (2); or
``(ii) the total amount of payments for
such services that would have been made in such
fiscal year if such cost limits (as those
limits would otherwise be in effect on
September 30, 1999) had been reduced by 15
percent; and
``(B) for such cost reporting periods that begin on
or after October 1, 2002, for a reduction by 15 percent
in such cost limits (as so in effect).''; and
(C) by adding at the end the following:
``(2) Applicable amount defined.--In paragraph (1), the
term `applicable amount' means the following amount:
``(A) For fiscal year 2000, $21,200,000,000.
``(B) For fiscal year 2001, $23,300,000,000.
``(C) For fiscal year 2002, $25,200,000,000.''.
(b) Temporary Restoration of Periodic Interim Payment for Home
Health Services.--Section 1815(e)(2) of the Social Security Act (42
U.S.C. 1395g(e)(2)) (as amended by section 4603(b) of the Balanced
Budget Act of 1997) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) home health services until the end of the 12-month
period following the date that the prospective payment system
for such services is implemented pursuant to section 1895;
and''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the provisions of the Balanced Budget Act of 1997 to which they apply. | Medicare Home Health Beneficiary Protection Act of 1998 - Amends part D (Miscellaneous Provisions) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), to revise reasonable cost requirements with regard to the interim system of limited payments for services provided by home health agencies. Establishes a moratorium on implementation of per beneficiary limits and a three-year freeze on cost limits.
Amends BBA '97 to direct the Secretary of Health and Human Services (HHS) to: (1) establish a process for eliminating inappropriate utilization of Medicare home health services by reviewing claims in which the number of home health visits provided to a beneficiary in a year exceeds the regional average of per beneficiary annual visits; (2) if appropriate, issue a determination denying payment for such a claim, and refer the name of the claimant-provider to the HHS Inspector General for investigation; and (3) include in the annual reports to the Congress on home health cost containment any recommendations for changes to the method of payment, claims review, and scope of benefits that the Secretary determines is necessary to achieve actual outlays equal to estimated outlays under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) for such services during the following fiscal year.
(Sec. 4) Amends SSA title XVIII to provide for: (1) establishment of limits for calculating prospective payment rates for home health services under the payment system for such services; and (2) temporary restoration of periodic interim payment for such services. | {"src": "billsum_train", "title": "Medicare Home Health Beneficiary Protection Act of 1998"} | 1,670 | 350 | 0.596277 | 1.892043 | 0.734368 | 3.724026 | 4.483766 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Reporting Simplification
Act of 2015''.
SEC. 2. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION RETURNS AND
PAYEE STATEMENTS.
(a) In General.--Section 6721(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to an
information return filed with the Secretary--
``(i) there are 1 or more failures
described in subsection (a)(2)(B) relating to
an incorrect dollar amount,
``(ii) no single amount in error differs
from the correct amount by more than $100, and
``(iii) no single amount reported for tax
withheld on any information return differs from
the correct amount by more than $25,
then no correction shall be required and, for purposes
of this section, such return shall be treated as having
been filed with all of the correct required
information.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to any incorrect dollar amount to the
extent that such error relates to an amount with
respect to which an election is made under section
6722(c)(3)(B).
``(C) Regulatory authority.--The Secretary may
issue regulations to prevent the abuse of the safe
harbor under this paragraph, including regulations
providing that this paragraph shall not apply to the
extent necessary to prevent any such abuse.''.
(b) Failure To Furnish Correct Payee Statement.--Section 6722(c) of
such Code is amended by adding at the end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to any payee
statement--
``(i) there are 1 or more failures
described in subsection (a)(2)(B) relating to
an incorrect dollar amount,
``(ii) no single amount in error differs
from the correct amount by more than $100, and
``(iii) no single amount reported for tax
withheld on any information return differs from
the correct amount by more than $25,
then no correction shall be required and, for purposes
of this section, such statement shall be treated as
having been filed with all of the correct required
information.
``(B) Exception.--Subparagraph (A) shall not apply
to any payee statement if the person to whom such
statement is required to be furnished makes an election
(at such time and in such manner as the Secretary may
prescribe) that subparagraph (A) not apply with respect
to such statement.
``(C) Regulatory authority.--The Secretary may
issue regulations to prevent the abuse of the safe
harbor under this paragraph, including regulations
providing that this paragraph shall not apply to the
extent necessary to prevent any such abuse.''.
(c) Application to Broker Reporting of Basis.--Section
6045(g)(2)(B) of such Code is amended by adding at the end the
following new clause:
``(iii) Treatment of uncorrected de minimis
errors.--Except as otherwise provided by the
Secretary, the customer's adjusted basis shall
be determined by treating any incorrect dollar
amount which is not required to be corrected by
reason of section 6721(c)(3) as the correct
amount.''.
(d) Conforming Amendments.--
(1) Section 6721(c) of such Code is amended by striking
``Exception for De Minimis Failures to Include All Required
Information'' in the heading and inserting ``Exceptions for
Certain De Minimis Failures''.
(2) Section 6721(c)(1) of such Code is amended by striking
``In general'' in the heading and inserting ``Exception for de
minimis failure to include all required information''.
(e) Effective Date.--The amendments made by this section shall
apply to returns required to be filed, and payee statements required to
be provided, on or after the date of the enactment of this Act. | Information Reporting Simplification Act of 2015 This bill amends the Internal Revenue Code, with respect to penalties for filing erroneous tax returns, to set forth a safe harbor rule for errors on tax information returns and payee statements. If any such return or statement has one or more incorrect dollar amounts, but no single amount in error differs from the correct amount by more than $100, and no single amount reported for tax withheld on any information return differs from the correct amount by more than $25, then no correction shall be required and such return or statement shall be treated as having been filed with all of the correct required information. | {"src": "billsum_train", "title": "Information Reporting Simplification Act of 2015"} | 936 | 133 | 0.687789 | 1.961931 | 0.717358 | 4.827869 | 6.754098 | 0.893443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Connect Grant Program Act
of 2018''.
SEC. 2. COMMUNITY CONNECT GRANT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible broadband service.--The term `eligible
broadband service' means broadband service, as defined in
section 601, that operates at or above the applicable minimum
download and upload speeds established by the Federal
Communications Commission in defining the term `advanced
telecommunications capability' for purposes of section 706 of
the Telecommunications Act of 1996 (47 U.S.C. 1302).
``(2) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a legally organized entity that--
``(i) is--
``(I) an incorporated organization;
``(II) an Indian Tribe or Tribal
organization;
``(III) a State;
``(IV) a unit of local government;
or
``(V) any other legal entity,
including a cooperative, a private
corporation, or a limited liability
company, that is organized on a for-
profit or a not-for-profit basis; and
``(ii) has the legal capacity and authority
to enter into a contract, to comply with
applicable Federal laws, and to own and operate
broadband facilities, as proposed in the
application submitted by the entity for a grant
under the Program.
``(B) Exclusions.--The term `eligible entity' does
not include--
``(i) an individual; or
``(ii) a partnership.
``(3) Program.--The term `Program' means the Community
Connect Grant Program established under subsection (b).
``(4) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3)(A).
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `Community Connect Grant Program', to provide grants to
eligible entities to finance broadband transmission in rural areas.
``(c) Eligible Projects.--An eligible entity that receives a grant
under the Program shall use the grant to carry out a project that--
``(1) provides eligible broadband service to, within the
proposed eligible broadband service area described in the
application submitted by the eligible entity--
``(A) each essential community facility funded
under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)); and
``(B) any required facilities necessary to offer
that eligible broadband service to each residential and
business customer; and
``(2) for not less than 2 years--
``(A) furnishes free wireless eligible broadband
service to a community center described in subsection
(d)(1)(B);
``(B) provides not fewer than 2 computer access
points for that free wireless eligible broadband
service; and
``(C) covers the cost of bandwidth to provide free
eligible broadband service to each essential community
facility funded under section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)) within the proposed eligible broadband service
area described in the application submitted by the
eligible entity.
``(d) Uses of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program may use the grant for--
``(A) the construction, acquisition, or leasing of
facilities (including spectrum), land, or buildings to
deploy eligible broadband service; and
``(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed
eligible broadband service area described in the
application submitted by the eligible entity.
``(2) Ineligible uses.--An eligible entity that receives a
grant under the Program shall not use the grant for--
``(A) the duplication of any existing eligible
broadband service provided by another entity; or
``(B) operating expenses, except as provided in--
``(i) subsection (c)(2)(C) with respect to
free wireless eligible broadband service; and
``(ii) paragraph (1)(A) with respect to
spectrum.
``(3) Free access for community centers.--Of the amounts
provided to an eligible entity under a grant under the Program,
the eligible entity shall use to carry out paragraph (1)(B) not
greater than the lesser of--
``(A) 10 percent; and
``(B) $150,000.
``(e) Matching Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program shall provide a cash contribution in an
amount that is not less than 15 percent of the amount of the
grant.
``(2) Requirements.--A cash contribution described in
paragraph (1)--
``(A) shall be used solely for the project for
which the eligible entity receives a grant under the
Program; and
``(B) shall not include any Federal funds, unless a
Federal statute specifically provides that those
Federal funds may be considered to be from a non-
Federal source.
``(f) Applications.--
``(1) In general.--To be eligible to receive a grant under
the Program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Requirement.--An application submitted by an eligible
entity under paragraph (1) shall include documentation
sufficient to demonstrate the availability of funds to satisfy
the requirement of subsection (e).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal
year.''. | Community Connect Grant Program Act of 2018 This bill amends the Rural Electrification Act of 1936 to provide statutory authority for the existing Community Connect Grant Program, which is a Department of Agriculture program that provides grants to finance broadband transmission in rural areas where broadband service does not currently exist. | {"src": "billsum_train", "title": "Community Connect Grant Program Act of 2018"} | 1,373 | 60 | 0.567906 | 1.257622 | 0.871587 | 2.722222 | 22.87037 | 0.833333 |
TITLE IX--MEDICAID, PUBLIC HEALTH, AND OTHER HEALTH PROVISIONS
Subtitle A--Medicaid Provisions
SEC. 901. NATIONAL BIPARTISAN COMMISSION ON THE FUTURE OF MEDICAID.
(a) Establishment.--There is established a commission to be known
as the National Bipartisan Commission on the Future of Medicaid (in
this section referred to as the ``Commission'').
(b) Duties of the Commission.--The Commission shall--
(1) review and analyze the long-term financial condition of
the medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
(2) identify the factors that are causing, and the
consequences of, increases in costs under the medicaid program,
including--
(A) the impact of these cost increases upon State
budgets, funding for other State programs, and levels
of State taxes necessary to fund growing expenditures
under the medicaid program;
(B) the financial obligations of the Federal
government arising from the Federal matching
requirement for expenditures under the medicaid
program; and
(C) the size and scope of the current program and
how the program has evolved over time;
(3) analyze potential policies that will ensure both the
financial integrity of the medicaid program and the provision
of appropriate benefits under such program;
(4) make recommendations for establishing incentives and
structures to promote enhanced efficiencies and ways of
encouraging innovative State policies under the medicaid
program;
(5) make recommendations for establishing the appropriate
balance between benefits covered, payments to providers, State
and Federal contributions and, where appropriate, recipient
cost-sharing obligations;
(6) make recommendations on the impact of promoting
increased utilization of competitive, private enterprise models
to contain program cost growth, through enhanced utilization of
private plans, pharmacy benefit managers, and other methods
currently being used to contain private sector health-care
costs;
(7) make recommendations on the financing of prescription
drug benefits currently covered under medicaid programs,
including analysis of the current Federal manufacturer rebate
program, its impact upon both private market prices as well as
those paid by other government purchasers, recent State efforts
to negotiate additional supplemental manufacturer rebates and
the ability of pharmacy benefit managers to lower drug costs;
(8) review and analyze such other matters relating to the
medicaid program as the Commission deems appropriate; and
(9) analyze the impact of impending demographic changes
upon medicaid benefits, including long term care services, and
make recommendations for how best to appropriately divide State
and Federal responsibilities for funding these benefits.
(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) Deadline for appointment.--Members of the Commission
shall be appointed by not later than December 1, 2002.
(3) Terms of appointment.--The term of any appointment
under paragraph (1) to the Commission shall be for the life of
the Commission.
(4) Meetings.--The Commission shall meet at the call of its
Chairman or a majority of its members.
(5) Quorum.--A quorum shall consist of 8 members of the
Commission, except that 4 members may conduct a hearing under
subsection (e).
(6) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made
not later than 30 days after the Commission is given notice of
the vacancy and shall not affect the power of the remaining
members to execute the duties of the Commission.
(7) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(8) Expenses.--Each member of the Commission shall receive
travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(d) Staff and Support Services.--
(1) Executive director.--
(A) Appointment.--The Chairman shall appoint an
executive director of the Commission.
(B) Compensation.--The executive director shall be
paid the rate of basic pay for level V of the Executive
Schedule.
(2) Staff.--With the approval of the Commission, the
executive director may appoint such personnel as the executive
director considers appropriate.
(3) Applicability of civil service laws.--The staff of the
Commission shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid 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).
(4) Experts and consultants.--With the approval of the
Commission, the executive director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Physical facilities.--The Administrator of the General
Services Administration shall locate suitable office space for
the operation of the Commission. The facilities shall serve as
the headquarters of the Commission and shall include all
necessary equipment and incidentals required for the proper
functioning of the Commission.
(e) Powers of Commission.--
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such hearings
and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Studies by gao.--Upon the request of the Commission,
the Comptroller General shall conduct such studies or
investigations as the Commission determines to be necessary to
carry out its duties.
(3) Cost estimates by congressional budget office and
office of the chief actuary of hcfa.--
(A) The Director of the Congressional Budget Office
or the Chief Actuary of the Centers for Medicare &
Medicaid Services, or both, shall provide to the
Commission, upon the request of the Commission, such
cost estimates as the Commission determines to be
necessary to carry out its duties.
(B) The Commission shall reimburse the Director of
the Congressional Budget Office for expenses relating
to the employment in the office of the Director of such
additional staff as may be necessary for the Director
to comply with requests by the Commission under
subparagraph (A).
(4) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(5) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(6) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in section
3215 of title 39, United States Code.
(7) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairman of the Commission, the head of
such agency shall furnish such information to the Commission.
(8) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(9) Printing.--For purposes of costs relating to printing
and binding, including the cost of personnel detailed from the
Government Printing Office, the Commission shall be deemed to
be a committee of the Congress.
(f) Report.--Not later than March 1, 2004, 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.
(g) Termination.--The Commission shall terminate 30 days after the
date of submission of the report required in subsection (f).
(h) Authorization of Appropriations.--There are authorized to be
appropriated $1,500,000 to carry out this section. | Title IX (sic): Medicaid, Public Health, and Other Health Provisions - Subtitle A: Medicaid Provisions - Establishes the National Bipartisan Commission on the Future of Medicaid to: (1) review and analyze the long-term financial condition of the Medicaid program under title XIX of the Social Security Act (SSA); (2) identify the factors that are causing, and the consequences of, increases in costs under the Medicaid program; (3) analyze potential policies that will ensure both the financial integrity of the Medicaid program and the provision of appropriate benefits; (4) make recommendations for establishing incentives and structures to promote enhanced efficiencies and ways of encouraging innovative State policies; (5) make recommendations for establishing the appropriate balance between benefits covered, payments to providers, State and Federal contributions and, where appropriate, recipient cost-sharing obligations; (6) make recommendations on the impact of promoting increased utilization of competitive, private enterprise models to contain program cost growth, through enhanced utilization of private plans, pharmacy benefit managers, and other methods currently being used to contain private sector health-care costs; (7) make recommendations on the financing of prescription drug benefits currently covered under Medicaid programs, including analysis of the current Federal manufacturer rebate program, its impact upon both private market prices as well as those paid by other government purchasers, recent State efforts to negotiate additional supplemental manufacturer rebates and the ability of pharmacy benefit managers to lower drug costs; (8) review and analyze such other matters relating to the Medicaid program as the Commission deems appropriate; and (9) analyze the impact of impending demographic changes upon Medicaid benefits, including long term care services, making recommendations for how best to appropriately divide State and Federal responsibilities for funding these benefits. | {"src": "billsum_train", "title": "To establish a National Bipartisan Commission on the Future of Medicaid."} | 1,898 | 352 | 0.886958 | 3.003787 | 0.913184 | 8.985119 | 5.375 | 0.979167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Care
Affordability Act of 2009''.
SEC. 2. SMALL EMPLOYERS BUSINESS CREDIT FOR PROVIDING EMPLOYEE HEALTH
INSURANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. EMPLOYEE HEALTH INSURANCE COVERAGE BY SMALL EMPLOYERS.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible small employer, the health insurance credit determined under
this section for any taxable year is an amount equal to the aggregate
amount paid or incurred by the taxpayer for the taxable year for
qualified health insurance for employees of the taxpayer.
``(b) Dollar Limitation.--
``(1) Annual limitation.--The amount of the credit
determined under this section with respect to an employee for
any taxable year shall not exceed the sum of the amounts paid
by the taxpayer for qualified health insurance for such
employee for coverage months of such employee during the
taxable year.
``(2) Monthly limitation.--For purposes of paragraph (1),
amounts paid by the taxpayer for qualified health insurance for
an employee for any coverage month of such individual during
the taxable year shall not be taken into account to the extent
such amounts exceed \1/12\ of the following:
``(A) $1,000 in the case of coverage of the
employee.
``(B) $1,750 in the case of two person coverage.
``(C) $2,250 in the case of family coverage.
``(c) Eligible Small Employer.--For purposes of this section--
``(1) In general.--The term `eligible small employer'
means, with respect to any taxable year, any employer who
employed an average of 50 or fewer employees on business days
during either of the 2 preceding taxable years. For purposes of
the preceding sentence, a preceding taxable year may be taken
into account only if the employer was in existence throughout
such year.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
1st preceding taxable year, the determination under
subparagraph (A) shall be based on the average number of
employees that it is reasonably expected such employer will
employ on business days in the current taxable year.
``(3) Certain growing employers retain treatment as small
employer.--The term `small employer' includes, with respect to
any calendar year, any employer if--
``(A) such employer met the requirement of
paragraph (1) (determined without regard to paragraph
(2)) for any preceding calendar year after the date of
the enactment of this section,
``(B) such employer provided qualified health
insurance for that year and each subsequent year
thereafter, and
``(C) such employer employed an average of 200 or
fewer employees on business days during each preceding
calendar year after the date of the enactment of this
section.
``(4) Special rules.--
``(A) Controlled groups.--For purposes of this
subsection, all persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
shall be treated as 1 employer.
``(B) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(d) Coverage Month.--For purposes of this section--
``(1) In general.--The term `coverage month' means, with
respect to an individual, any month if--
``(A) as of the first day of such month such
individual is covered by qualified health insurance,
and
``(B) more than 50 percent of the premium for
coverage under such insurance for such month is paid by
the eligible small employer.
``(2) Medicare, medicaid, and schip.--The term `coverage
month' shall not include any month with respect to an
individual if, as of the first day of such month, such
individual--
``(A) is entitled to any benefits under part A of
title XVIII of the Social Security Act or is enrolled
under part B of such title, or
``(B) is enrolled in the program under title XIX or
XXI of such Act (other than under section 1928 of such
Act).
``(3) Certain other coverage.--The term `coverage month'
shall not include any month with respect to an individual if,
at any time during such month, any benefit is provided to such
individual under chapter 55 of title 10, United States Code.
``(4) Prisoners.--The term `coverage month' shall not
include any month with respect to an individual if, as of the
first day of such month, such individual is imprisoned under
Federal, State, or local authority.
``(5) Insufficient presence in united states.--The term
`coverage month' shall not include any month during a taxable
year with respect to an individual if such individual is
present in the United States on fewer than 183 days during such
year (determined in accordance with section 7701(b)(7)).
``(e) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means health insurance coverage (as defined in section
9832(b)(1)) which--
``(A) is coverage under a group health plan (within
the meaning of section 5000 without regard to section
5000(d)), and
``(B) meets the requirements of
paragraph (2).
Such term does not include any insurance substantially all of
the coverage of which is coverage described in section
223(c)(1)(B).
``(2) Requirements.--The requirements of this paragraph are
as follows:
``(A) Adjusted community rating or rating bands.--
The coverage is provided in a State which--
``(i) has a community rating structure that
does not permit rating on gender, health status
or claims experience, or
``(ii) limits the permitted rate for any
age group to be no more than 400 percent of the
lowest rate for all adult age groups.
``(B) Benefits.--The coverage is provided under a
plan that is at least an actuarial equivalent to the
standard Blue Cross-Blue Shield plan offered under the
Federal Employees Health Benefits Program (FEHBP).''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (34), by striking the
period at the end of paragraph (35) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(36) in the case of an eligible small employer (as
defined in section 45R(c)), the health insurance credit
determined under section 45R(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45R. Employee health insurance coverage by small employers.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. REFUNDABLE SMALL BUSINESS EMPLOYEE HEALTH PREMIUM CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable personal credits) is amended by inserting after
section 36A the following new section:
``SEC. 36B. HEALTH INSURANCE COSTS FOR SMALL BUSINESS EMPLOYEES.
``(a) Allowance of Credit.--In the case of an individual who is an
eligible small business employee, there shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the amount paid by the taxpayer during such taxable year for
qualified health insurance for the taxpayer and the taxpayer's spouse
and dependents.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) to the taxpayer for the taxable year shall not exceed the sum of
the amounts paid by the taxpayer for qualified health insurance for
each individual referred to in subsection (a) for coverage months of
such individual during the taxable year.
``(c) Eligible Small Business Employee.--For purposes of this
section, an individual is an eligible small business employee for a
coverage month if such individual is enrolled in qualified health
insurance provided through an eligible small employer for which a
credit is allowable under section 45R.
``(d) Qualified Health Insurance; Coverage Month.--For purposes of
this section, the terms `qualified health insurance' and `coverage
month' have the same meanings given such terms by section 45R.
``(e) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with deduction for health insurance
costs of self-employed individuals.--No credit shall be
allowable under this section for a taxable year if a deduction
is allowed under section 162(l) for the taxable year.
``(3) Coordination with section 35.--If a taxpayer is
eligible for the credit allowed under this section and section
35 for any month, the taxpayer shall elect which credit is to
be allowed with respect to such month.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36A
the following new item:
``Sec. 36B. Health insurance costs for small business employees.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Small Business Health Care Affordability Act of 2009 - Amends the Internal Revenue Code to allow certain small employers (generally, employers of 50 or fewer employees) and their employees tax credits for health insurance costs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide credits to small businesses and their employees for health insurance coverage."} | 2,434 | 48 | 0.506005 | 1.083398 | 0.515134 | 2.589744 | 55.794872 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF
COLUMBIA AND EACH OF THE TERRITORIES.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins
issued during 2009, shall have designs on the reverse
side selected in accordance with this subsection which
are emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
issued during 2009 in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required
under this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the chief executive of the
District of Columbia or the territory
being honored, or such other officials
or group as the chief executive officer
of the District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
Advisory Committee.
``(B) Selection and approval process.--Designs for
quarter dollars may be submitted in accordance with the
design selection and approval process developed by the
Secretary in the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District or territorial officials,
artists from the District of Columbia or the territory,
engravers of the United States Mint, and members of the
general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any quarter dollar under
this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(4) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following
order: the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
Passed the House of Representatives January 23, 2007.
Attest:
KAREN L. HAAS,
Clerk. | District of Columbia and United States Territories Circulating Quarter Dollar Program Act - (Sec. 2) Requires quarter dollar coins issued during 2009 to have designs on the reverse side which are emblematic of the District of Columbia and the territories.
Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Requires the design on the reverse side of each quarter dollar issued during 2009 to be emblematic of one of the following: The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Prohibits inclusion in the design of any quarter dollar any head and shoulders portrait or bust of any person, living or dead, including any portrait of a living person.
Sets forth a timing and order of issuance in equal sequential intervals. | {"src": "billsum_train", "title": "To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes."} | 1,210 | 235 | 0.715021 | 1.782934 | 0.816346 | 5.944162 | 5.57868 | 0.939086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Fairness Act of 2007''.
SEC. 2. TESTING FOR DISCRIMINATION.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a nationwide program of testing to--
(1) detect and document differences in the treatment of
persons seeking to rent or purchase housing or obtain or
refinance a home mortgage loan, and measure patterns of adverse
treatment because of the race, color, religion, sex, familial
status, disability status, or national origin of a renter, home
buyer, or borrower; and
(2) measure the prevalence of such discriminatory practices
across the housing and mortgage lending markets as a whole.
(b) Administration.--The Secretary of Housing and Urban Development
shall enter into agreements with qualified fair housing enforcement
organizations, as such organizations are defined under subsection (h)
of section 561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), for the purpose of conducting the testing required
under subsection (a).
(c) Report.--The Secretary of Housing and Urban Development shall
report to Congress--
(1) on a biennial basis, the results of each round of
testing required under subsection (a) along with any
recommendations or proposals for legislative or administrative
action to address any issues raised by such testing; and
(2) on an annual basis, a detailed summary of the calls
received by the Fair Housing Administration's 24-hour toll-free
telephone hotline.
(d) Use of Results.--The results of any testing required under
subsection (a) may be used as the basis for the Secretary, or any State
or local government or agency, public or private nonprofit organization
or institution, or other public or private entity that the Secretary
has entered into a contract or cooperative agreement with under section
561 of the Housing and Community Development Act of 1987 (42 U.S.C.
3616a) to commence, undertake, or pursue any investigation or
enforcement action to remedy any discrimination uncovered as a result
of such testing.
(e) Definitions.--As used in this section:
(1) Disability status.--The term ``disability status'' has
the same meaning given the term ``handicap'' in section 802 of
the Civil Rights Act of 1968 (42 U.S.C. 3602).
(2) Familial status.--The term ``familial status'' has the
same meaning given that term in section 802 of the Civil Rights
Act of 1968 (42 U.S.C. 3602).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $20,000,000
for fiscal year 2008 and each fiscal year thereafter.
SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM.
Section 561 of the Housing and Community Development Act of 1987
(42 U.S.C. 3616a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,''; and
(B) in paragraph (2), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,'';
(2) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out the provisions of this section $52,000,000 for
each of fiscal years 2008 through 2012, of which--
``(A) not less than 75 percent of such amounts
shall be for private enforcement initiatives authorized
under subsection (b);
``(B) not more than 10 percent of such amounts
shall be for education and outreach programs under
subsection (d); and
``(C) any remaining amounts shall be used for
program activities authorized under this section.
``(2) Availability.--Any amount appropriated under this
section shall remain available until expended.'';
(3) in subsection (h), in the matter following subparagraph
(C), by inserting ``and meets the criteria described in
subparagraphs (A) and (C)'' after ``subparagraph (B)''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding inserting after
subparagraph (D) the following new
subparagraph:
``(E) websites and other media outlets.'';
(B) in paragraph (2), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''; and
(C) in paragraph (3), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Housing and Urban
Development should--
(1) fully comply with the requirements of section 561(d) of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(d)) to establish, design, and maintain a national
education and outreach program to provide a centralized,
coordinated effort for the development and dissemination of the
fair housing rights of individuals who seek to rent, purchase,
sell, or facilitate the sale of a home;
(2) utilize all amounts appropriated for such education and
outreach program under section 561(g) of such Act; and
(3) promulgate regulations regarding the fair housing
obligations of each recipient of Federal housing funds to
affirmatively further fair housing, as that term is defined
under title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601 et seq.).
SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION.
(a) Grant Program.--The Secretary of Housing and Urban Development
shall carry out a competitive matching grant program to assist private
nonprofit organizations in--
(1) conducting comprehensive studies that examine--
(A) the causes of housing discrimination and
segregation; and
(B) the effects of housing discrimination and
segregation on education, poverty, and economic
development; and
(2) implementing pilot projects that test solutions that
will help prevent or alleviate housing discrimination and
segregation.
(b) Eligibility.--To be eligible to receive a grant under this
section, a private nonprofit organization shall--
(1) submit an application to the Secretary of Housing and
Urban Development, containing such information as the Secretary
shall require; and
(2) agree to provide matching non-Federal funds for 25
percent of the total amount of the grant, which matching funds
may include items donated on an in-kind contribution basis.
(c) Preference.--In awarding any grant under this section, the
Secretary of Housing and Urban Development shall give preference to any
applicant who is--
(1) a qualified fair housing enforcement organization, as
such organization is defined under subsection (h) of section
561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)); or
(2) a partner of any such organization.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $5,000,000 for
each of fiscal years 2008 through 2012. | Housing Fairness Act of 2007 - Instructs the Secretary of Housing and Urban Development to conduct, and report to Congress on, a nationwide testing program to: (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; (2) measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (3) measure the prevalence of such discriminatory practices across housing and mortgage lending markets.
Amends the Housing and Community Development Act of 1987 to reauthorize the fair housing initiatives program.
Expresses the sense of Congress that the Secretary should: (1) fully comply with such Act's requirements to establish, design, and maintain a national education and outreach program for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) use all amounts appropriated for such program; and (3) promulgate regulations on the fair housing obligations of each recipient of federal housing funds to affirmatively further fair housing.
Directs the Secretary to implement a competitive matching grant program to assist private nonprofit organizations in: (1) conducting comprehensive studies of specified aspects of the causes and effects of housing discrimination and segregation; and (2) implementing pilot projects that test solutions to help prevent or alleviate housing discrimination and segregation. | {"src": "billsum_train", "title": "To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes."} | 1,661 | 308 | 0.649604 | 2.164192 | 0.839608 | 6.517483 | 5.342657 | 0.965035 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``abuse'' means the occurrence of one or more
of the following acts between household or family (including
in-laws or extended family) members, spouses or former spouses,
or individuals engaged in or formerly engaged in a sexually
intimate relationship:
(A) Attempting to cause or intentionally,
knowingly, or recklessly causing another person bodily
injury, physical harm, substantial emotional distress,
psychological trauma, rape, sexual assault, or
involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting another person to false imprisonment
or kidnapping.
(D) Attempting to cause or intentionally,
knowingly, or recklessly causing damage to property so
as to intimidate or attempt to control the behavior of
another person.
(2) The term ``abuse-related medical condition'' means a
medical condition which arises in whole or in part out of an
action or pattern of abuse.
(3) The term ``abuse status'' means the fact or perception
that a person is, has been, or may be a subject of abuse,
irrespective of whether the person has sustained abuse-related
medical conditions or has incurred abuse-related claims.
(4) The term ``health benefit plan'' means any public or
private entity or program that provides for payments for health
care, including--
(A) a group health plan (as defined in section 607
of the Employee Retirement Income Security Act of 1974)
or a multiple employer welfare arrangement (as defined
in section 3(40) of such Act) that provides health
benefits;
(B) any other health insurance arrangement,
including any arrangement consisting of a hospital or
medical expense incurred policy or certificate,
hospital or medical service plan contract, or health
maintenance organization subscriber contract;
(C) workers' compensation or similar insurance to
the extent that it relates to workers' compensation
medical benefits (as defined by the Federal Trade
Commission); and
(D) automobile medical insurance to the extent that
it relates to medical benefits (as defined by the
Federal Trade Commission).
(5) The term ``health carrier'' means a person that
contracts or offers to contract on a risk-assuming basis to
provide, deliver, arrange for, pay for or reimburse any of the
cost of health care services unless the person assuming the
risk is accepting the risk from a duly licensed health carrier.
(6) The term ``insured'' means a party named on a policy,
certificate, or health benefit plan as the person with legal
rights to the benefits provided by the policy, certificate, or
health benefit plan. For group insurance, such term includes a
person who is a beneficiary covered by a group policy,
certificate, or health benefit plan.
(7) The term ``insurer'' means any person, reciprocal
exchange, interinsurer, Lloyds insurer, fraternal benefit
society, or other legal entity engaged in the business of
insurance, including agents, brokers, adjusters, and third
party administrators. The term also includes health carriers,
health benefit plans, and life, disability, and property and
casualty insurers.
(8) The term ``policy'' means a contract of insurance,
certificate, indemnity, suretyship, or annuity issued, proposed
for issuance or intended for issuance by an insurer, including
endorsements or riders to an insurance policy or contract.
(9) The term ``subject of abuse'' means a person to whom an
act of abuse is directed, a person who has had prior or current
injuries, illnesses, or disorders that resulted from abuse, or
a person who seeks, may have sought, or should have sought
medical or psychological treatment for abuse, protection,
court-ordered protection, or shelter from abuse.
SEC. 3. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer or health carrier may, directly or
indirectly, engage in any of the following acts or practices on the
basis that the applicant or insured, or any person employed by the
applicant or insured or with whom the applicant or insured is known to
have a relationship or association, is, has been, or may be the subject
of abuse:
(1) Denying, refusing to issue, renew or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance or health
benefit plan coverage for losses as a result of abuse or
denying a claim incurred by an insured as a result of abuse,
except as otherwise permitted or required by State laws
relating to life insurance beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(4) Terminating health coverage for a subject of abuse
because coverage was originally issued in the name of the
abuser and the abuser has divorced, separated from, or lost
custody of the subject of abuse or the abuser's coverage has
terminated voluntarily or involuntarily and the subject of
abuse does not qualify for extension of coverage under part 6
of subtitle B of title I or the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the
Internal Revenue Code of 1986. Nothing in this paragraph
prohibits the insurer from requiring the subject of abuse to
pay the full premium for the subject's coverage under the
health plan. The insurer may terminate group coverage after the
continuation coverage required by this paragraph has been in
force for 18 months if it offers conversion to an equivalent
individual plan. The continuation of health coverage required
by this paragraph shall be satisfied by any extension of
coverage under part 6 of subtitle B of title I or the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.)
or 4980B of the Internal Revenue Code of 1986 provided to a
subject of abuse and is not intended to be in addition to any
extension of coverage provided under part 6 of subtitle B of
title I or the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code
of 1986.
(b) Use of Information.--
(1) In general.--No insurer may use, disclose, or transfer
information relating to an applicant's or insured's abuse
status or abuse-related medical condition or the applicant's or
insured's status as a family member, employer or associate,
person in a relationship with a subject of abuse for any
purpose unrelated to the direct provision of health care
services unless such use, disclosure, or transfer is required
by an order of an entity with authority to regulate insurance
or an order of a court of competent jurisdiction or by abuse
reporting laws. Nothing in this paragraph shall be construed as
limiting or precluding a subject of abuse from obtaining the
subject's own medical records from an insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer or
health carrier to disregard such provided evidence.
SEC. 4. REASONS FOR ADVERSE ACTIONS.
An insurer that takes any adverse action relating to any plan or
policy of a subject of abuse, shall advise the subject of abuse
applicant or insured of the specific reasons for the action in writing.
Reference to general underwriting practices or guidelines does not
constitute a specific reason.
SEC. 5. LIFE INSURANCE.
Nothing in this Act shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a
beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse.
SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED.
Except where the subject of abuse has already recovered damages,
subrogation of claims resulting from abuse is prohibited with the
informed consent of the subject of abuse.
SEC. 7. ENFORCEMENT.
(a) Federal Trade Commission.--The Federal Trade Commission shall
have the power to examine and investigate any insurer to determine
whether such insurer has been or is engaged in any act or practice
prohibited by this Act. If the Federal Trade Commission determines an
insurer has been or is engaged in any act or practice prohibited by
this Act, the Commission may take action against such insurer by the
issuance of a cease and desist order as if the insurer was in violation
of section 5 of the Federal Trade Commission Act. Such cease and desist
order may include any individual relief warranted under the
circumstances, including temporary, preliminary, and permanent
injunctive and compensatory relief.
(b) Private Cause of Action.--An applicant or insured claiming to
be adversely affected by an act or practice of an insurer in violation
of this Act may maintain an action against the insurer in a Federal or
State court of original jurisdiction. Upon proof of such conduct by a
preponderance of the evidence, the court may award appropriate relief,
including temporary, preliminary, and permanent injunctive relief and
compensatory and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and expert
witnesses. With respect to compensatory damages, the aggrieved
individual may elect, at any time prior to the rendering of final
judgment, to recover in lieu of actual damages, an award of statutory
damages in the amount of $5,000 for each violation. | Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving household or family members, current or former spouses, or individuals in or formerly in a sexually intimate relationship. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity, a court order, or abuse reporting laws.
Requires an insurer that takes any adverse action relating to any plan or policy of an abuse subject (whether applicant or insured) to advise such individual of the specific reasons for the action.
Regulates subrogation of claims resulting from abuse.
Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against the insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer. | {"src": "billsum_train", "title": "Victims of Abuse Insurance Protection Act"} | 2,221 | 280 | 0.533319 | 1.668169 | 0.817977 | 4.282158 | 8.676349 | 0.937759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give a Kid a Chance Omnibus Mental
Health Services Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) At least one in five children and adolescents has a
diagnosable mental, emotional, or behavioral problem that can
lead to school failure, alcohol or other drug use, violence, or
suicide. Mental disorders that begin early in life have a
strong effect on future educational success. Adolescent
emotional problems may increase the likelihood of risk-taking
behaviors, including gun violence, drug abuse, reckless
driving, and early sexual activity.
(2) From a public health promotion/disease prevention
perspective, it is noteworthy that children and adolescents
with mental illnesses often don't become substance abusers
until 5 to 10 years after the mental illness becomes apparent.
This creates a window of opportunity during which time it may
be possible to prevent substance abuse from occurring in these
children.
(3) The interaction of multiple factors has increased the
overall number of children suffering from psychological,
emotional and behavioral disorders. Children as a group suffer
from poverty at a higher rate than all other age groups. More
than one in three children are raised in single-parent
households. Children over the age of 10 years are frequently
caring for themselves after school and sometimes into the
evening before their parents or other caregivers arrive. These
factors create greater problems with children's emotional
development.
(4) The combination of witnessing and experiencing
traumatic events, poverty, alienation, and multiple
environmental and family factors including abuse and neglect,
creates greater psychological neglect and social isolation,
further contributing to various mental health problems. The
combination of these factors in an emotionally unhealthy
climate combined with the availability of firearms can produce
deadly results.
(5) In many urban, poor and predominantly minority
communities, young children are chronically exposed to serious
violent crime during their formative years. It is the recent
school violence in suburban and rural communities that has
increased awareness about the prevalence of violence in the
lives of America's children. Increasingly, in the home,
community and at school, children are affected by or involved
in theft, vandalism, bullying, intimidation, intolerance, and
disruption.
(6) While the above behaviors are symptomatic of mental
health problems requiring service interventions, most children
with mental health problems are not violent to others. They are
more likely than their peers to be the recipients of
intimidation and violence, and are the largest, most neglected
group of children suffering from serious illness or disability.
(7) Only one in five children with a serious emotional
disturbance receive mental health specialty services, although
twice as many such children receive some form of mental health
intervention. Thus, about 75 to 80 percent fail to receive
specialty services, and the majority of these children fail to
receive any services at all.
(8) Mental health is indispensable to personal well-being,
family and interpersonal relationships, and contribution to
community or society. From early childhood until death, mental
health is the basis for thinking and communication skills,
learning, emotional growth, resilience, and self-esteem.
(9) Mental, emotional, and behavioral disorders lead to
irregular school attendance, difficulty with concentration,
focus, and motivation to learn basic academic fundamentals.
(10) Prevention programs, early intervention, help from the
faith-based community, and mental health services in the
family, school, and community setting have proven successful
and cost-effective using both school and community resources for
reducing the neglected tragedy of mental, emotional and behavioral
problems among youth.
(11) Mental health services personnel can provide
consultation with teachers to improve classroom environment and
provide guidance around specific children. Consulting with
parents, they enable teachers and families to work together,
increasing the family's involvement in their child's academic
performance and psychosocial development.
(12) The lack of mental health services in schools and
communities where the greatest need exists has resulted in a
disproportionate increase in children dropping out of school,
becoming involved in delinquent activity, and becoming part of
the juvenile and adult criminal justice systems. In fact,
because of the lack of intervention and mental health services,
more children are being certified to be tried as adults and are
being subjected to incarceration in the juvenile or adult
criminal justice systems. These issues impact especially minority
populations and those living in poverty.
(13) Little effort has previously been directed toward
promoting the development of mental health, recognizing signs
of early problems and providing early intervention to
ameliorate these problems.
SEC. 3. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS AND THEIR
FAMILIES.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after section 520A the following section:
``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS AND THEIR
FAMILIES.
``(a) In General.--In cooperation with the Secretary of Education,
the Secretary of Health and Human Services shall support either
directly or through grants, contracts or cooperative agreements with
public entities programs to promote mental health among all children,
from birth through adolescence, and their families and to provide early
intervention services to ameliorate identified mental health problems
in children and adolescents.
``(b) Equitable Distribution of Grants.--The Secretary shall
provide for an equitable distribution of grants by region, to include
urban, suburban and rural regions, including Native American
communities.
``(c) Priority.--The Secretary shall give priority to those
applicants who--
``(1) provide a comprehensive, community-based, culturally
competent and developmentally appropriate prevention and early
intervention program that provides for the identification of
early mental health problems and promotes the mental health and
enhances the resiliency of children from birth through
adolescence and their families;
``(2) incorporate families, schools and communities in an
integral role in the program;
``(3) coordinate behavioral health care services,
interventions, and supports in traditional and non-traditional
settings and provides a continuum of care for children from
birth through adolescence and their families;
``(4) provide public health education to improve the
public's understanding of healthy emotional development;
``(5) provide training, technical assistance, consultation,
and support for community service providers, school personnel,
families and children to promote healthy emotional development
and enhance resiliency in children from birth through
adolescence;
``(6) increase the resources available to such programs and
provide for their sustainability by requiring a commitment on
the part of local communities in which the programs provide
services;
``(7) provide for the evaluation of programs operating
under this section to ensure that they are providing intended
services in an efficient and effective manner; and
``(8) provide school-based mental health assessment and
treatment services conducted by a mental health professional
(who may be a school counselor, school nurse, school
psychologist, clinical psychologist, or school social worker)
in public elementary or secondary schools.
``(d) Matching Requirement.--A condition for an award under
subsection (a) is that the entity involved agree that the entity will,
with respect to the costs to be incurred by the entity in carrying out
the purpose described in such subsection, make available (directly or
through donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less than $2
for each $3 of Federal funds provided in the award.
``(e) Durations of Grants.--With respect to an award under
subsection (a), the period during which payments under such award are
made to the recipient may not exceed 5 years.
``(f) Evaluation.--The Secretary shall ensure that entities
receiving awards under subsection (a) carry out an evaluation of the
project which will include the effectiveness of program strategies, and
short, intermediate, and long-term outcomes including the program's
overall impact on strengthening families with young children and
creating environments in home, school, and community settings that
promote healthy emotional development and reduce incipient mental
health and substance abuse problems. Local educational agencies
receiving such grants shall ensure that the schools receiving these
funds maintain an average ratio of one certified or licensed--
``(1) school counselor for every 250 students;
``(2) school nurse for every 700 students;
``(3) school psychologist for every 1000 students; and
``(4) school social worker for every 800 students.
``(g) Definitions.--For purposes of this section:
``(1) The term `mental health' means a state of successful
performance of mental function, resulting in productive
activities, fulfilling relationships with other people, and the
ability to adapt to change and cope with adversity.
``(2) The term `mental illness' refers to all diagnosable
mental disorders (health conditions characterized by
alterations in thinking, mood, or behavior or some combination
thereof) associated with distress or impaired functioning or
both.
``(3) The term `mental health problems' refers to symptoms
of insufficient intensity or duration to meet the criteria for
any mental disorder.
``(4)(A) The term `mental health professionals' refers to
qualified counselors, nurses, psychologists, and social
workers.
``(B) The terms `school counselor', `school nurse', `school
psychologist', and `school social worker' mean an individual
who possesses licensure or certification in the State involved,
and who meets professional standards for practice in schools
and related settings, as a school counselor, school nurse,
school psychologist, or school social worker, respectively.
``(5) The term `public entity' means any State, any
political subdivision of a State, including any local
educational agency, and any Indian tribe or tribal organization
(as defined in section 4(b) and section 4(c) of the Indian
Self-Determination and Education Assistance Act).
``(h) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2002 and such sums as are necessary for fiscal years 2003 and 2004.
These funds are authorized to be used to carry out the provision of
this section and cannot be utilized to supplement or supplant funding
provided for other mental health services programs.''. | Give a Kid a Chance Omnibus Mental Health Services Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to support, either directly or through grants, contracts, or cooperative agreements with public entities, programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children and adolescents. Requires an equitable distribution of grant funds, including Native American communities. Outlines program priorities. Requires non-Federal matching funds of $2 for every $3 of Federal funding. Limits grant duration to five years. Requires the Secretary to ensure that entities receiving funds carry out a project evaluation which includes the effectiveness of program strategies in strengthening families with young children. Requires local educational agencies receiving such grants to ensure that schools receiving such funds maintain a certain ratio of students per counselor, nurse, psychologist, and social worker.Authorizes appropriations for FY 2002 through 2004. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to mental health services for children, adolescents and their families."} | 2,185 | 212 | 0.379239 | 1.176599 | 0.801892 | 3.510989 | 11.945055 | 0.906593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Emergency Mortgage
Assistance Act''.
SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall establish a program to make
payments on a mortgage insured under the National Housing Act for a 1-
to 4-family residence when--
(1) the mortgagee has given the mortgagor notice in
accordance with section 3(b) that it intends to foreclose the
mortgage;
(2) at least 2 full monthly installments due on the
mortgage are unpaid after the application of any partial
payments that may have been accepted but not yet applied to the
mortgage account;
(3) the mortgagor is suffering financial hardship due to
circumstances beyond the control of the mortgagor which render
the mortgagor unable to correct the delinquency on the mortgage
and unable to make full mortgage payments before the expiration
of the 60-day period beginning on the date that notice was sent
to the mortgagor in accordance with section 3(b);
(4) there is a reasonable prospect that the mortgagor will
be able to resume full mortgage payments not later than 36
months after the beginning of the period for which assistance
payments are provided and to pay the mortgage in full by its
maturity date or by a later date agreed upon by the mortgagee;
(5) the property mortgaged is the mortgagor's principal
place of residence;
(6) the mortgagor does not own other property which is
subject to a mortgage insured or held by the Secretary;
(7) the mortgagor has applied to the Secretary for
assistance in accordance with section 4; and
(8) the mortgagor has not been more than 60 days in arrears
on a residential mortgage within the 2-year period preceding
the delinquency for which assistance is requested, unless the
mortgagor can demonstrate that the prior delinquency was the
result of financial hardship due to circumstances beyond the
control of the mortgagor.
(b) Effect of Finding of Ineligibility.--If, after reviewing an
application for assistance submitted in accordance with section 4, the
Secretary determines that the mortgagor has not met the conditions of
eligibility described in subsection (a), the mortgagor shall be
prohibited from reapplying for assistance under this Act until the
expiration of the 6-month period beginning on the date of such
determination unless there is a material change in the financial
circumstances of the mortgagor.
(c) Determination Relating to Financial Hardship.--In determining
whether a financial hardship (which may be caused by a reduction in
income or an increase in expenses, or both) is due to circumstances
beyond the control of a mortgagor, the Secretary may consider
information regarding the mortgagor's employment record, credit
history, and current income. Such circumstances shall include, but not
be limited to--
(1) loss of job of a member of the household;
(2) salary, wage or earnings reduction of a member of the
household;
(3) injury, disability or illness of a member of the
household;
(4) divorce or separation in the household; or
(5) death of a member of the household.
(d) Housing Counseling Agencies.--The Secretary shall designate and
approve nonprofit housing counseling agencies in each State to be
available to assist the Secretary in implementing the program
established pursuant to subsection (a) of this section and to section
4(b)(1)(A). Nonprofit housing agencies designated and approved under
this subsection shall provide assistance to an eligible mortgagor
during the entire period that such mortgagor receives assistance under
this Act.
SEC. 3. LEGAL ACTION.
(a) Conditions Under Which Legal Action Is Prohibited.--Except as
otherwise provided in the Act, a mortgagee of a mortgage which is
insured under the National Housing Act for a 1- to 4-family residence
may not accelerate the maturity of or commence any legal action
regarding such a mortgage (including, but not limited to, mortgage
foreclosure to recover under such obligation) or take possession of any
security of the mortgagor for such mortgage obligation unless the
mortgagee has sent to the mortgagor notice pursuant to subsection (b).
In addition, the mortgagee may not take such action--
(1) before the expiration of the 30-day period beginning on
the date that notice of the intent to take such action was sent
to the mortgagor in accordance with subsection (b);
(2) before the expiration of the 30-day period beginning on
the date of the initial meeting between the mortgagor and an
approved counseling agency held in accordance with section
4(a);
(3) if an application for such assistance under this Act
has been submitted to the Secretary on behalf of the mortgagor
and such application--
(A) is pending; or
(B) has been approved but payments have not yet
been made toward the mortgage; or
(4) if payment toward the mortgage is being made under this
Act.
(b) Requirements of Notice.--The Secretary shall issue regulations
that include, but are not limited to, a uniform notice under this
section. Such notice shall be in plain language and shall--
(1) inform the mortgagor in large bold type that he or she
may be eligible for temporary assistance in making mortgage
payments;
(2) include an explanation of the mortgage assistance
program under this Act;
(3) inform the mortgagor that to apply for mortgage
assistance, he or she shall attend a meeting in accordance with
section 4(a) within 30 days of the date of the notice;
(4) include the legal action intended and the basis
therefore;
(5) include a list of approved counseling agencies located
in the State in which the mortgagor resides;
(6) be sent via first class mail to the last known address
of the mortgagor; and
(7) be subject to such other requirements as prescribed by
the Secretary.
SEC. 4. APPLICATION FOR ASSISTANCE.
(a) Meeting.--
(1) In general.--To apply for assistance under this Act,
not later than 30 days after receiving notice in accordance
with section 3(b), a mortgagor shall attend a face to face
meeting with the mortgagee or an approved counseling agency to
attempt to prevent legal action for which the notice was sent
by restructuring the mortgage payment schedule. A meeting under
this paragraph may be conducted over the telephone under
circumstances prescribed by the Secretary.
(2) Notice.--If the mortgagor meets with the approved
counseling agency within the period specified in paragraph (1),
the approved counseling agency shall send notice of the meeting
which includes, but is not limited to, the date of the meeting,
to the mortgagee not later than 5 business days after the
meeting.
(b) Preparation; Submission.--
(1) In general.--If the mortgagor is not able to resolve
the default and prevent foreclosure before the expiration of
the 30-day period beginning on the date of the meeting, the
mortgagor may file an application for mortgage assistance under
this Act. At the request of the mortgagor, an approved
counseling agency shall--
(A) assist the mortgagor in preparing an
application for assistance under this Act; and
(B) not later than 30 days after the mortgagor
initially requests assistance in the preparation of the
application, submit the completed application to the
Secretary.
(2) Fees.--The Secretary may pay approved counseling
agencies a fee, in an amount determined by the Secretary, for
rendering assistance pursuant to this Act.
(c) Notice to Mortgagee.--If the approved counseling agency submits
an application for assistance to the Secretary on behalf of a
mortgagor, the approved counseling agency shall, not later than 5
business days after submitting the application, inform the mortgagee of
the date that the application was submitted.
(d) Form; Contents.--An application for assistance under this Act
shall be submitted on a form prescribed by the Secretary and shall
include a financial statement disclosing all assets and liabilities of
the mortgagor, whether singly or jointly held, and all household income
regardless of source.
(e) Effect of Misrepresentation.--A mortgagor who intentionally
misrepresents any financial information in connection with the filing
of an application for assistance under this Act may be denied
assistance and required to immediately repay any amount of assistance
received, and the mortgagee may, at any time thereafter, take any legal
action to enforce the mortgage without any further restrictions or
requirements under this Act.
(f) Availability.--An application for assistance under this Act may
be obtained from an approved counseling agency.
(g) Determination on Application.--
(1) Time period.--The Secretary shall determine eligibility
of a mortgagor for assistance under this Act not later than 60
days after receipt of the application of the mortgagor.
(2) Notification.--Not later than 5 business days after
making the determination on an application for assistance, the
Secretary shall notify the mortgagor and the mortgagee as to
whether the application has been approved or disapproved.
SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.
(a) Amount to Bring Mortgage Current.--If the Secretary determines
that a mortgagor is eligible for assistance under this Act, the
Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance
Fund the full amount due to the mortgagee pursuant to the terms of the
mortgage without regard to any acceleration under the mortgage, or the
full amount of any alternative mortgage payments agreed to by the
mortgagee and mortgagor on the date that the application is approved by
the Secretary. This amount shall include the amount of principal,
interest, taxes, assessments, ground rents, hazard insurance, any
mortgage insurance or credit insurance premiums, and reasonable
attorneys' fees incurred by such mortgagee in relation to the
arrearage.
(b) Monthly Assistance Payments.--
(1) In general.--The Secretary shall make monthly mortgage
assistance payments to the mortgagee on behalf of the mortgagor
pursuant to this Act.
(2) Obligation of the mortgagor.--A mortgagor on whose
behalf the Secretary is making the mortgage assistance payments
shall pay monthly payments to the Secretary. Such payments
shall be in an amount which will cause the mortgagor's total
housing expense not to exceed 35 percent of the mortgagor's net
effective income. This shall be the maximum amount the
mortgagor can be required to pay during the 36 months a
mortgagor is eligible for mortgage assistance.
(3) Obligation of the secretary.--Upon receipt of this
payment from the mortgagor, the Secretary or the Secretary's
duly authorized agent shall send the total mortgage payment
directly to the mortgagee.
(c) Review Upon Delinquency.--If the mortgagor fails to pay to the
Secretary any amounts due directly from the mortgagor under this
section not later than 15 days after such due date, the Secretary or
its designated agent shall review the mortgagor's financial
circumstances to determine whether a delinquency in payments due from
the mortgagor under this section or section 6 is the result of a change
in the mortgagor's financial circumstances since the payment amount was
last determined. If the delinquency is not the result of a change in
the mortgagor's financial circumstances, the Secretary shall terminate
future mortgage assistance payments and the mortgagee may, at any time
thereafter, take any legal action to enforce its mortgage without any
further restriction or requirement. If the delinquency is the result of
such a change, the Secretary shall modify the mortgagor's required
payments to the Secretary as the Secretary shall determine.
(d) Period for Assistance.--Payments under this Act shall be
provided for a period not to exceed 36 months, either consecutively or
nonconsecutively. The Secretary shall establish procedures for periodic
review of the mortgagor's financial circumstances for the purpose of
determining the necessity for continuation, termination, or adjustment
of the amount of the payments.
SEC. 6. REPAYMENT OF ASSISTANCE.
(a) Assistance Loan.--The amount by which the assistance payments
made by the Secretary to the mortgagee exceeds the amount of payments
made by the mortgagor to the Secretary shall be a loan by the Secretary
to the mortgagor. The loan shall be evidenced by such documents as the
Secretary shall determine necessary to protect the interests of the
United States.
(b) Repayment of Assistance Loan.--Before making assistance
payments under this Act on behalf of a mortgagor, the Secretary shall
enter into an agreement with the mortgagor for repayment of all
mortgage assistance made by the Secretary under section 5, plus
interest as provided in subsection (c). The agreement shall provide for
monthly payments by the mortgagor to the Secretary which (1) shall
begin once the Secretary has determined that continuation of mortgage
assistance payments to the mortgagee is unnecessary, and (2) shall be
in an amount determined as follows:
(1) Housing expense less than 35 percent.--If the
mortgagor's total housing expense is less than 35 percent of
the mortgagor's net effective income, the mortgagor shall pay
to the Secretary the difference between 35 percent of the
mortgagor's net effective income and the mortgagor's total
housing expense unless otherwise determined by the Secretary
after examining the mortgagor's financial circumstances and
ability to contribute to repayment of the mortgage assistance.
(2) Housing expense greater than 35 percent.--If the
mortgagor's total housing expense is more than 35 percent of
the mortgagor's net effective income, repayment of the mortgage
assistance shall be deferred until the mortgagor's total
housing expense is less than 35 percent of the mortgagor's net
effective income.
(3) When mortgage paid in full.--Notwithstanding paragraphs
(1) and (2), if repayment of mortgage assistance is not made by
the date that the mortgage is paid in full, the mortgagor shall
make mortgage assistance repayments in an amount not less than
the previous regular mortgage payment until the mortgage
assistance is repaid.
(c) Interest.--Interest shall accrue on all mortgage assistance
made under this Act at the rate determined monthly by the Secretary of
the Treasury to be equal to the then current average yield on
outstanding 30-year bonds issued by the Secretary of the Treasury under
section 3102 of title 31, United States Code, and shall accrue only
during the period in which the mortgagor is required to make repayment
under this section.
(d) Lien to Secure Repayment of Assistance.--Repayment of amounts
owed to the Secretary from a mortgagor shall be secured by a mortgage
lien on the property and by such other obligation as the Secretary may
require. The lien or other security interest of the Secretary shall not
be deemed to take priority over any other secured lien or secured
interest in effect against the mortgagor's property on the date
assistance payments begin. The Secretary may allow subordination of the
mortgage assistance lien only if such subordination is necessary to
permit the mortgagor to obtain a home improvement loan for repairs
necessary to preserve the property.
(e) Time for Repayment.--Payments under this section shall be made
by the mortgagor to the Secretary not later than 14 days after each
mortgage payment is due under the mortgage (or in the case of repayment
after the mortgage has been paid in full, not later than the date the
mortgage payments were due under the mortgage).
SEC. 7. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Approved counseling agency.--The term ``approved
counseling agency'' means a nonprofit housing counseling agency
approved by the Secretary pursuant to section 2(e).
(2) Gross household income.--The term ``gross household
income'' means the total income of a mortgagor, the mortgagor's
spouse, children residing in the same residence as the
mortgagor, and any other person living in such residence that
is declared by the mortgagor as a dependent for Federal income
tax purposes.
(3) Household.--The term ``household'' means a mortgagor,
the mortgagor's spouse, children residing in the same residence
as the mortgagor, and any other person living in such residence
that is declared by the mortgagor as a dependent for Federal
income tax purposes.
(4) Housing expense.--The term ``housing expense'' means
the sum of the mortgagor's monthly maintenance, utility, and
hazard insurance expense, taxes, and required mortgage
payments, including escrows.
(5) Mortgagee; mortgagor.--The terms ``mortgagee'' and
``mortgagor'' have the meanings given such terms in section 201
of the National Housing Act (12 U.S.C. 1707).
(6) Net effective income.--The term ``net effective
income'' means the gross household income of the mortgagor,
less city, State, and Federal income and social security taxes.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development. | Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control.
Requires: (1) homeowner repayment of such assistance and interest; and (2) certain conditions to be met before legal action may be taken against a qualifying homeowner, including providing the homeowner with program notice. | {"src": "billsum_train", "title": "To establish a program to assist homeowners experiencing unavoidable, temporary difficulty making payments on mortgages insured under the National Housing Act."} | 3,872 | 99 | 0.534467 | 1.409092 | 0.483388 | 1.777778 | 37.422222 | 0.822222 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Railroad Security
and Public Awareness Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rail worker security training program.
Sec. 3. Public awareness.
Sec. 4. Railroad security upgrades.
SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and issue
detailed guidance for a rail worker security training program to
prepare front-line workers for potential threat conditions.
(b) Program Elements.--The guidance developed under subsection (a)
shall require such a program to include, at a minimum, elements that
address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) All employee training provisions included in the
Transportation Security Directive (SD RAILPAX-04-01 and SD
RAILRAX-04-02) issued under the authority of section 114 of
title 49, United States Code, by the Transportation Security
Administration on May 20, 2004.
(9) Any other areas that the Secretary deems appropriate.
(c) Railroad Carrier Programs.--Not later than 60 days after the
Secretary issues guidance under subsection (a) in final form, each
railroad carrier shall develop a rail worker security training program
in accordance with that guidance and submit it to the Secretary for
approval. Not later than 30 days after receiving a railroad carrier's
program under this subsection, the Secretary shall review the program
and approve it or require the railroad carrier to make any revisions
the Secretary considers necessary for the program to meet the guidance
requirements.
(d) Training.--Not later than 180 days after the Secretary approves
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) from time to time to reflect new or
different security threats, and require railroad carriers to revise
their programs accordingly and provide additional training to their
front-line workers.
(f) Security Training Program Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including
intercity, heavy, and light rail), hazardous materials shippers, owners
of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to implement the program
detailed in subsection (a).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $250,000,000 for
fiscal year 2006 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(h) Definition.--For purposes of this section, the term ``front-
line workers'' means heavy and light rail employees who have daily
access to the operations infrastructure and passengers of their rail
systems.
SEC. 3. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, shall develop a national plan for
public outreach and awareness. Such plan shall be designed to increase
awareness of measures that the general public, railroad passengers, and
railroad employees can take to increase railroad system security. Such
plan shall also provide outreach to railroad carriers and their
employees to improve their awareness of available technologies, ongoing
research and development efforts, and available Federal funding sources
to improve railroad security. Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
implement the plan developed under this section.
SEC. 4. RAILROAD SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including intercity
passenger and heavy and light rail), hazardous materials shippers,
owners of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to prevent or respond to acts
of terrorism, sabotage, or other railroad security threats, including
providing for--
(1) technologies for reduction of tank car vulnerability;
(2) demonstration of bridge and tunnel inspection
technologies;
(3) security and redundancy for critical communications,
electric power (including traction power), computer, and train
control systems essential for secure railroad operations or to
continue railroad operations after an attack impacting railroad
operations;
(4) the security of hazardous material transportation by
railroad;
(5) secure passenger railroad stations, trains, and
infrastructure;
(6) public security awareness campaigns for passenger train
operations;
(7) the sharing of intelligence and information about
railroad security threats;
(8) train tracking and interoperable communications systems
that are coordinated to the maximum extent possible;
(9) additional police and security officers, including
canine units; and
(10) all provisions included in the Transportation Security
Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under
the authority of section 114 of title 49, United States Code,
by the Transportation Security Administration on May 20, 2004.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $250,000,000 for
fiscal year 2006 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended. | Railroad Security and Public Awareness Act of 2004 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval. Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats.
Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security. | {"src": "billsum_train", "title": "To provide for the security and safety of rail transportation systems in the United States, and for other purposes."} | 1,316 | 202 | 0.630836 | 1.729071 | 0.889191 | 6.946237 | 6.854839 | 0.967742 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Enterprise Capital
Formation Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FINDINGS.
The Congress hereby finds that--
(1) investments in small business venture capital stock
should be encouraged because of both the special risks and the
social and economic benefits associated with such investments,
(2) the exclusion from income of gain on small business
venture capital stock is an important incentive for individuals
and corporations to invest in such stock, and
(3) tax incentives for investments in capital assets in
general should be supplemented with an effective tax incentive
for investments in small business venture capital stock.
SEC. 3. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS
STOCK.
(a) Increase in Exclusion Percentage.--
(1) In general.--Subsection (a) of section 1202 is
amended--
(A) by striking ``50 percent'' and inserting ``75
percent'', and
(B) by striking ``50-Percent'' in the heading and
inserting ``Partial''.
(2) Conforming amendments.--
(A) The heading for section 1202 is amended by
striking ``50-percent'' and inserting ``Partial''.
(B) The table of sections for part I of subchapter
P of chapter 1 is amended by striking ``50-percent'' in
the item relating to section 1202 and inserting
``Partial''.
(b) Reduction in Holding Period.--Subsection (a) of section 1202 is
amended by striking ``5 years'' and inserting ``3 years''.
(c) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 is amended
by striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 is
amended by adding at the end the following new paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated
as qualified small business stock while held by another member of such
group.''.
(d) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 is amended by
striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and
inserting ``and (5)''.
(e) Stock of Larger Businesses Eligible for Exclusion.--
(1) Paragraph (1) of section 1202(d) is amended by striking
``$50,000,000'' each place it appears and inserting
``$100,000,000''.
(2) Subsection (d) of section 1202 is amended by adding at
the end the following new paragraph:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 1997, the
$100,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 1996' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(f) Repeal of Per-Issuer Limitation.--Section 1202 is amended by
striking subsection (b).
(g) Other Modifications.--
(1) Repeal of working capital limitation.--Paragraph (6) of
section 1202(e) is amended--
(A) by striking ``2 years'' in subparagraph (B) and
inserting ``5 years'', and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Paragraph (3) of section 1202(c) is amended by adding
at the end the following new subparagraph:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''.
(h) Qualified Trade or Business.--Section 1202(e)(3) is amended by
inserting ``and'' at the end of subparagraph (C), by striking ``, and''
at the end of subparagraph (D) and inserting a period, and by striking
subparagraph (E).
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock issued
after August 10, 1993.
(2) Special rule.--The amendments made by subsections (b),
(c), and (e) shall apply to stock issued after the date of the
enactment of this Act.
(j) Election To Apply Amendments to Stock Issued After August 10,
1993.--
(1) In general.--The amendments made by subsections (b),
(c), and (e) shall apply to any qualified stock issued after
August 10, 1993, if the taxpayer elects to apply such
amendments with respect to such stock.
(2) Qualified stock.--For purposes of paragraph (1), the
term ``qualified stock'' means stock--
(A) which is held by the taxpayer on the date of
the enactment of this Act, and
(B) which was not qualified small business stock
(as defined section 1202(c) of the Internal Revenue
Code of 1986) when issued but which would be qualified
small business stock (as so defined) if the amendments
made by subsections (b), (c), and (e) applied to stock
issued after August 10, 1993.
(3) Recognition of gain.--For purposes of the Internal
Revenue Code of 1986--
(A) In general.--Any qualified stock to which the
election under paragraph (1) applies shall be treated--
(i) as having been sold on the date of the
enactment of this Act for an amount equal to
its fair market value on such date, and
(ii) as having been reacquired on such date
for an amount equal to such fair market value.
The preceding sentence shall not apply for purposes of
determining whether the stock is qualified small
business stock (as so defined).
(B) Treatment of gain or loss.--
(i) Any gain resulting from subparagraph
(A) shall be treated as received or accrued on
the date of the enactment of this Act, and shall be recognized
notwithstanding any provision of the Internal Revenue Code of 1986.
(ii) Any loss resulting from subparagraph
(A) shall not be allowed for any taxable year.
(4) Election.--An election under paragraph (1) shall be
made in such manner as the Secretary may prescribe and shall
specify the stock for which such election is made. Such an
election, once made with respect to any stock, shall be
irrevocable.
SEC. 4. ROLLOVER OF GAIN FROM SALE OF QUALIFIED STOCK.
(a) In General.--Part III of subchapter O of chapter 1 is amended
by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN FROM QUALIFIED SMALL BUSINESS STOCK TO
ANOTHER QUALIFIED SMALL BUSINESS STOCK.
``(a) Nonrecognition of Gain.--In the case of any sale of qualified
small business stock with respect to which the taxpayer elects the
application of this section, eligible gain from such sale shall be
recognized only to the extent that the amount realized on such sale
exceeds--
``(1) the cost of any qualified small business stock
purchased by the taxpayer during the 60-day period beginning on
the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
This section shall not apply to any gain which is treated as ordinary
income for purposes of this title.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified small business stock.--The term `qualified
small business stock' has the meaning given such term by
section 1202(c).
``(2) Eligible gain.--The term `eligible gain' means any
gain from the sale or exchange of qualified small business
stock held for more than 3 years.
``(3) Purchase.--A taxpayer shall be treated as having
purchased any property if, but for paragraph (4), the
unadjusted basis of such property in the hands of the taxpayer
would be its cost (within the meaning of section 1012).''
``(4) Basis adjustments.--If gain from any sale is not
recognized by reason of subsection (a), such gain shall be
applied to reduce (in the order acquired) the basis for
determining gain or loss of any qualified small business stock
which is purchased by the taxpayer during the 60-day period
described in subsection (a).
``(c) Special Rules for Treatment of Replacement Stock.--
``(1) Holding period for accrued gain.--For purposes of
this chapter, gain from the disposition of any replacement
qualified small business stock shall be treated as gain from
the sale or exchange of qualified small business stock held
more than 3 years to the extent that the amount of such gain
does not exceed the amount of the reduction in the basis of
such stock by reason of subsection (b)(4).
``(2) Tacking of holding period for purposes of deferral.--
Solely for purposes of applying this section, if any
replacement qualified small business stock is disposed of
before the taxpayer has held such stock for more than 3 years,
gain from such stock shall be treated eligible gain for
purposes of subsection (a).
``(3) Replacement qualified small business stock.--For
purposes of this subsection, the term `replacement qualified
small business stock' means any qualified small business stock
the basis of which was reduced under subsection (b)(4).''.
(b) Conforming Amendments.--
(1) Section 1016(a)(23) is amended--
(A) by striking ``or 1044'' and inserting ``, 1044,
or 1045'', and
(B) by striking ``or 1044(d)'' and inserting ``,
1044(d), or 1045(b)(4)''.
(2) The table of sections for part III of subchapter O of
chapter 1 is amended by adding at the end the following new
item:
``Sec. 1045. Rollover of gain from
qualified small business stock
to another qualified small
business stock.''.
(c) Effective Date.--The amendments made by this section shall
apply to stock sold or exchanged after the date of the enactment of
this Act. | Enterprise Capital Formation Act of 1997 - Amends the Internal Revenue Code to increase from 50 to 75 percent the exclusion from gain for a taxpayer (currently, excludes corporations) resulting from the sale or exchange of qualified small business stock held more than three (currently, five) years. Exempts such exclusion from alternative minimum tax provisions. Doubles the aggregate gross assets a business may have and still be considered a qualified small business.
Provides for the nontaxable rollover of gain from qualified small business stock to another small business stock. | {"src": "billsum_train", "title": "Enterprise Capital Formation Act of 1997"} | 2,599 | 118 | 0.503433 | 1.184125 | 0.553753 | 3.098039 | 22.892157 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) El Camino Real de los Tejas (the Royal Road to the
Tejas), served as the primary route between the Spanish
viceregal capital of Mexico City and the Spanish provincial
capital of Tejas at Los Adaes (1721-1773) and San Antonio
(1773-1821);
(2) the seventeenth, eighteenth, and early nineteenth
century rivalries among the European colonial powers of Spain,
France, and England and after their independence, Mexico and
the United States, for dominion over lands fronting the Gulf of
Mexico, were played out along the evolving travel routes in
this immense area;
(3) the future of several American Indian nations, whose
prehistoric trails were later used by the Spaniards for
exploration and colonization, was tied to these larger forces
and events and the nations were fully involved in and affected
by the complex cultural interactions that ensued;
(4) the Old San Antonio Road was a series of routes
established in the early 19th century sharing the same corridor
and some routes of El Camino Real, and carried American
immigrants from the east, contributing to the formation of the
Republic of Texas, and its annexation to the United States;
(5) the exploration, conquest, colonization, settlement,
migration, military occupation, religious conversion, and
cultural exchange that occurred in a large area of the
borderland was facilitated by El Camino Real de los Tejas as it
carried Spanish and Mexican influences northeastward, and by
its successor, the Old San Antonio Road, which carried American
influence westward, during a historic period which extended
from 1689 to 1850; and
(6) the portions of El Camino Real de los Tejas in what is
now the United States extended from the Rio Grande near Eagle
Pass and Laredo, Texas and involved routes that changed through
time, that total almost 2,600 miles in combined length,
generally coursing northeasterly through San Antonio, Bastrop,
Nacogdoches, and San Augustine in Texas to Natchitoches,
Louisiana, a general corridor distance of 550 miles.
SEC. 3. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)
is amended as follows:
(1) By designating the paragraph relating to the Ala
Kahakai National Historic Trail as paragraph (21).
(2) By adding at the end the following:
``(23) El camino real de los tejas.--
``(A) In general.--El Camino Real de los Tejas (The
Royal Road to the Tejas) National Historic Trail, a
combination of routes totaling 2,580 miles in length
from the Rio Grande near Eagle Pass and Laredo, Texas
to Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated July 1998. A map generally
depicting the trail shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior.
``(B) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and non-governmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the Government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.''.
SEC. 4. PRIVATE PROPERTY RIGHTS PROTECTION.
Designation of El Camino Real de los Tejas under this Act does not
itself confer any additional authority to apply other existing Federal
laws and regulations on non-Federal lands along the trail. Laws or
regulations requiring public entities and agencies to take into
consideration a national historic trail shall continue to apply
notwithstanding the foregoing. On non-Federal lands, the national
historic trail shall be established only when landowners voluntarily
request certification of their sites and segments of the trail
consistent with section 3(a)(3) of the National Trails System Act.
Notwithstanding section 7(g) of such Act, the United States is
authorized to acquire privately-owned real property or an interest in
such property for purposes of the trail only with the willing consent
of the owner of such property and shall have no authority to condemn or
otherwise appropriate privately-owned real property or an interest in
such property for the purposes of El Camino Real de los Tejas National
Historic Trail.
Passed the House of Representatives September 10, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | El Camino Real de los Tejas National Historic Trail Act of 2001 - Amends the National Trails System Act to designate El Camino Real de los Tejas (from near Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana) as a National Historic Trail. Sets forth protections for private property owners, including that privately-owned real property or property interests may be acquired only with the owner's willing consent. | {"src": "billsum_train", "title": "To amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail."} | 1,132 | 100 | 0.446158 | 1.426764 | 0.587331 | 3.896104 | 13.25974 | 0.883117 |
SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY.
(a) Business Property.--
(1) In general.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 (defining energy property) is
amended by striking ``or'' at the end of clause (i), by adding
``or'' at the end of clause (ii), and by inserting after clause
(ii) the following new clause:
``(iii) energy-efficient building
property,''.
(2) Energy-efficient building property.--Subsection (a) of
section 48 of such Code is amended by redesignating paragraphs
(4) and (5) as paragraphs (5) and (6), respectively, and by
inserting after paragraph (3) the following new paragraph:
``(4) Energy-efficient building property.--For purposes of
this subsection--
``(A) In general.--The term `energy-efficient
building property' means a stationary fuel cell power
plant that--
``(i) generates electricity using an
electrochemical process, and
``(ii) has an electricity-only generation
efficiency greater than 30 percent.
``(B) Limitation.--In the case of energy-efficient
building property placed in service during the taxable
year, the credit under subsection (a) for such year may
not exceed $1,000 for each kilowatt of capacity.
``(C) Stationary fuel cell power plant.--The term
`stationary fuel cell power plant' means an integrated
system comprised of a fuel cell stack assembly and
associated balance of plant components that converts a
fuel into electricity using electrochemical means.
``(D) Termination.--Such term shall not include any
property placed in service after December 31, 2006.''
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2001, 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).
(b) Nonbusiness Property.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of such Code (relating to nonrefundable personal
credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the nonbusiness energy-efficient
building property expenditures which are paid or incurred during such
year.
``(b) Nonbusiness Energy-Efficient Building Property
Expenditures.--For purposes of this section--
``(1) In general.--The term `nonbusiness energy-efficient
building property expenditures' means expenditures made by the
taxpayer for nonbusiness energy-efficient building property
installed on or in connection with a dwelling unit--
``(A) which is located in the United States, and
``(B) which is used by the taxpayer as a residence.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Nonbusiness energy-efficient building property.--The
term `nonbusiness energy-efficient building property' means
energy-efficient building property (as defined in section
48(a)(4)) if--
``(A) the original use of such property commences
with the taxpayer, and
``(B) such property meets the standards (if any)
applicable to such property under section 48(a)(3).
``(c) Special Rules.--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having made his
proportionate share of any expenditures of such
association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(3) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(4) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(5) Property financed by subsidized energy financing.--
For purposes of determining the amount of nonbusiness energy-
efficient building property expenditures made by any individual
with respect to any dwelling unit, there shall not be taken in
to account expenditures which are made from subsidized energy
financing (as defined in section 48(a)(4)(A)).
``(d) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(e) Termination.--This section shall not apply to any expenditure
made after December 31, 2006.''
(2) Conforming Amendments.--
(A) Subsection (a) of section 1016 of such Code is
amended by striking ``and'' at the end of paragraph
(26), by striking the period at the end of paragraph
(27) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(28) to the extent provided in section 25B(d), in the
case of amounts with respect to which a credit has been allowed
under section 25B.''.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Nonbusiness energy-efficient
building property.''.
(3) Effective date.--The amendments made by this subsection
shall apply to expenditures made after December 31, 2001. | Amends the Internal Revenue Code to allow, through December 31, 2006, a limited credit for energy-efficient building property. Defines such property as a stationary fuel cell power plant that: (1) generates electricity using an electrochemical process; and (2) has an electricity-only generation efficiency greater than 30 percent.Allows, through December 31, 2006, a credit to an individual for nonbusiness energy-efficient building property expenditures. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property."} | 1,655 | 92 | 0.657009 | 1.613209 | 0.799934 | 3.607143 | 17.714286 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision Preservation Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) An estimated 80 million Americans have a potentially
blinding eye disease, and more than 19.1 million Americans
report trouble seeing, even with eye glasses or contacts. At
least 1.1 million Americans are legally blind, and 200,000
Americans experience profound vision loss. Refractive errors
affect approximately one third of persons 40 years or older in
the United States. Visual impairment is one of the 10 more
frequent causes of disability in the United States.
(2) While it is believed that half of all blindness can be
prevented, the number of Americans who are blind or visually
impaired is expected to double by 2030.
(3) Vision loss can, especially without appropriate
rehabilitation and skills training, significantly impact an
individual's ability to conduct activities of daily living, as
well as developmental learning, communicating, working, health,
and quality of life.
(4) One in twenty preschoolers experience visual impairment
which, if unaddressed, can affect learning ability,
personality, and adjustment in school.
(5) It is estimated that blindness and visual impairment
cost the Federal Government more than $4 billion annually in
benefits and lost taxable income, and cost the United States
economy approximately $51.4 billion annually in direct medical
costs, direct non medical costs, and indirect costs such as
lost productivity and wages.
(6) Vision rehabilitation helps people with vision loss to
live safely and independently at home and in the community,
reduce medication errors, cook and perform other daily
activities reliably, and avoid accidents which may lead to
injury or even the onset of additional disabilities, especially
among older persons living with vision loss.
(7) Recognizing that the Nation requires a public health
approach to visual impairment, the Department of Health and
Human Services dedicated a portion of its Healthy People 2010
initiative to vision. The initiative set out as a goal the
improvement of the Nation's visual health through prevention,
early detection, treatment, and rehabilitation.
(8) Greater efforts must be made at the Federal, State, and
local levels to increase awareness of vision loss and its
causes, its impact, the importance of early diagnosis,
treatment, and rehabilitation, and effective prevention
strategies.
(b) Sense of Congress.--It is the sense of the Congress that the
Nation must have a full-scale integrated public health strategy to
comprehensively address vision loss and its causes that, at a minimum,
includes the following:
(1) Communication and education.
(2) Surveillance, epidemiology, and prevention research.
(3) Programs, policies, and systems change.
SEC. 3. VISION LOSS PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:
``SEC. 317T. PREVENTIVE HEALTH MEASURES WITH RESPECT TO VISION LOSS.
``(a) Communication and Education.--
``(1) In general.--The Secretary, acting through the
Centers for Disease Control and Prevention, the Health
Resources and Services Administration, and the National
Institutes of Health, shall expand and intensify programs to
increase awareness of vision problems, including awareness of--
``(A) the impact of vision problems; and
``(B) the importance of early diagnosis,
management, and effective prevention and rehabilitation
strategies.
``(2) Activities.--In carrying out this subsection, the
Secretary may--
``(A) conduct public service announcements and
education campaigns;
``(B) enter into partnerships with eye-health
professional organizations and other vision-related
organizations;
``(C) conduct community disease prevention
campaigns;
``(D) conduct testing, evaluation, and model
training for vision screeners based on scientific
studies; and
``(E) evaluate strategies to reduce barriers to
access to treatment by optometrists and
ophthalmologists.
``(3) Evaluation.--In carrying out this subsection, the
Secretary shall--
``(A) establish appropriate measurements for public
awareness of vision problems;
``(B) establish appropriate measurements to
determine the effectiveness of existing campaigns to
increase awareness of vision problems;
``(C) establish quantitative benchmarks for
determining the effectiveness of activities carried out
under this subsection; and
``(D) not later than 12 months after the date of
the enactment of this section, submit a report to the
Congress on the results achieved through such
activities.
``(b) Surveillance, Epidemiology, and Health Services Research.--
``(1) In general.--The Secretary shall expand and intensify
activities to establish a solid scientific base of knowledge on
the prevention, control, and rehabilitation of vision problems
and related disabilities.
``(2) Activities.--In carrying out this subsection, the
Secretary may--
``(A) create a national ongoing surveillance
system;
``(B) identify and test screening modalities;
``(C) evaluate strategies to reduce barriers to
access to treatment by optometrists, ophthalmologists,
and other vision rehabilitation professionals;
``(D) evaluate the efficacy and cost-effectiveness
of current and future interventions and community
strategies;
``(E) update and improve knowledge about the true
costs of vision problems and related disabilities; and
``(F) require the Surgeon General to assess the
state of vision care and vision rehabilitation in the
United States.
``(c) Programs, Policies, and Systems.--
``(1) In general.--The Secretary shall expand and intensify
research within the Centers for Disease Control and Prevention
on the prevention and management of vision loss.
``(2) Activities.--In carrying out this subsection, the
Secretary may--
``(A) build partnerships with voluntary health
organizations, nonprofit vision rehabilitation
agencies, Federal, State, and local public health
agencies, eye health professional organizations, and
organizations with an interest in vision issues;
``(B) work with health care systems to better
address vision problems and associated disabilities;
and
``(C) award grants for community outreach regarding
vision loss to health care institutions and national
vision organizations with broad community presence.''.
SEC. 4. EXPANSION OF VISION PROGRAMS UNDER THE MATERNAL AND CHILD
HEALTH SERVICE BLOCK GRANT PROGRAM.
Section 501(a)(3) of the Social Security Act (42 U.S.C. 701(a)(3))
is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(G) introduce core performance measures on eye
health by incorporating vision screening and
examination standards into State programs under this
title, based on scientific studies.''.
SEC. 5. PREVENTION AND TREATMENT FOR UNDERSERVED, MINORITY, AND OTHER
POPULATIONS.
(a) Expansion and Intensification of Vision Programs.--The
Secretary of Health and Human Services (in this section referred to as
the ``Secretary'') shall expand and intensify programs targeted to
prevent vision loss, treat eye and vision conditions, and rehabilitate
people of all ages who are blind or partially sighted in underserved
and minority communities, including the following:
(1) Vision care services at community health centers
receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b).
(2) Vision rehabilitation programs at vision rehabilitation
agencies, eye clinics, and hospitals.
(b) Voluntary Guidelines for Vision Screening.--The Secretary, in
consultation with eye-health professional organizations and other
vision-related organizations, shall develop voluntary guidelines to
ensure the quality of vision screening and appropriate referral for
comprehensive eye examinations and subsequent vision rehabilitation
services.
SEC. 6. VISION REHABILITATION PROFESSIONAL DEVELOPMENT GRANTS.
(a) Authority.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') may make grants to eligible
institutions of higher education or nonprofit organizations for the
purpose of activities described in subsection (b) relating to vision
rehabilitation professional development.
(b) Use of Funds.--The Secretary may not make a grant to an
institution of higher education or a nonprofit organization under this
section unless the institution or organization agrees to use the grant
for the following:
(1) Developing and offering preparatory and continuing
education training opportunities (incorporating state-of-the-
art approaches, technologies, and therapies to meet the unique
needs of older adults with vision loss) in--
(A) geriatrics among vision rehabilitation
professionals, including professionals in the vision
rehabilitation therapy, orientation and mobility, and
low vision therapy fields; and
(B) vision rehabilitation among occupational
therapists and others in related rehabilitation and
health disciplines.
(2) Conducting, and disseminating the findings and
conclusions of, research on the effectiveness of preparatory
and continuing education training under paragraph (1).
(3) Developing and disseminating interdisciplinary course
curricula for use in the preparation of new professionals in
vision rehabilitation, occupational therapy, and related
rehabilitation and health disciplines.
(4) Educating physicians, nurses, and other health care
providers about the value of vision rehabilitation, to increase
appropriate referral by such professionals for the full range
of vision rehabilitation services available to older
individuals with vision loss.
(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be a university, academic medical center,
national or regional nonprofit organization, community rehabilitation
provider, or allied health education program, or a consortium of such
entities, that--
(1) offers or coordinates education or training activities
among professionals described in subsection (b)(1); or
(2) agrees to use the grant to expand its capacity to
coordinate such activities.
(d) Distribution of Grants.--In awarding grants under this section,
the Secretary shall ensure that grantees offer or coordinate training
for current and emerging professionals--
(1) from a variety of geographic regions and a range of
different types and sizes of settings and facilities, including
settings and facilities located in rural, urban, and suburban
areas; and
(2) serving a variety of populations of older individuals
with vision loss, including racial and ethnic minorities, low-
income individuals, and other underserved populations.
(e) Application.--To seek a grant under this section, an entity
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require. | Vision Preservation Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention (CDC), the Health Resources and Services Administration (HRSA), and the National Institutes of Health (NIH), to expand and intensify programs to increase awareness of vision problems.
Directs the Secretary to expand and intensify: (1) activities to establish a solid scientific base of knowledge on the prevention, control, and rehabilitation of vision problems and related disabilities; (2) research within CDC on the prevention and management of vision loss; and (3) programs targeted to prevent vision loss, treat eye and vision conditions, and rehabilitate people of all ages who are blind or partially sighted in underserved and minority communities.
Amends title V (Maternal and Child Health Services) of the Social Security Act to authorize appropriations to enable the Secretary to introduce core performance measures on eye health by incorporating vision screening and examination standards into state programs.
Authorizes the Secretary to make grants to eligible institutions of higher education or nonprofit organizations for vision rehabilitation professional development. | {"src": "billsum_train", "title": "To provide for the expansion of Federal programs to prevent and manage vision loss, and for other purposes."} | 2,340 | 236 | 0.556736 | 1.487211 | 0.775616 | 5.341014 | 10.211982 | 0.9447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patriot Express Authorization Act of
2011''.
SEC. 2. PATRIOT EXPRESS LOAN PROGRAM.
(a) Program.--
(1) In general.--Section 7(a)(31) of the Small Business Act
(15 U.S.C. 636(a)(31)) is amended by adding at the end the
following:
``(G) Patriot express loan program.--
``(i) Definition.--In this subparagraph,
the term `eligible member of the military
community'--
``(I) means--
``(aa) a veteran, including
a service-disabled veteran;
``(bb) a member of the
Armed Forces on active duty who
is eligible to participate in
the Transition Assistance
Program;
``(cc) a member of a
reserve component of the Armed
Forces;
``(dd) the spouse of an
individual described in item
(aa), (bb), or (cc) who is
alive;
``(ee) the widowed spouse
of a deceased veteran, member
of the Armed Forces, or member
of a reserve component of the
Armed Forces who died because
of a service-connected (as
defined in section 101(16) of
title 38, United States Code)
disability; and
``(ff) the widowed spouse
of a deceased member of the
Armed Forces or member of a
reserve component of the Armed
Forces relating to whom the
Department of Defense may
provide for the recovery, care,
and disposition of the remains
of the individual under
paragraph (1) or (2) of section
1481(a) of title 10, United
States Code; and
``(II) does not include an
individual who was discharged or
released from the active military,
naval, or air service under
dishonorable conditions.
``(ii) Loan guarantees.--The Administrator
shall establish a Patriot Express Loan Program,
under which the Administrator may guarantee
loans under this paragraph made by express
lenders to eligible members of the military
community.
``(iii) Loan terms.--
``(I) In general.--Except as
provided in this clause, a loan under
this subparagraph shall be made on the
same terms as other loans under the
Express Loan Program.
``(II) Use of funds.--A loan
guaranteed under this subparagraph may
be used for any business purpose,
including start-up or expansion costs,
purchasing equipment, working capital,
purchasing inventory, or purchasing
business-occupied real estate.
``(III) Maximum amount.--The
Administrator may guarantee a loan
under this subparagraph of not more
than $1,000,000.
``(IV) Guarantee rate.--The
guarantee rate for a loan under this
subparagraph shall be the greater of--
``(aa) the rate otherwise
applicable under paragraph
(2)(A);
``(bb) 85 percent for a
loan of not more than $500,000;
and
``(cc) 80 percent for a
loan of more than $500,000.''.
(2) GAO report.--
(A) Definition.--In this paragraph, the term
``programs'' means--
(i) the Patriot Express Loan Program under
section 7(a)(31)(G) of the Small Business Act,
as added by paragraph (1); and
(ii) the increased veteran participation
pilot program under section 7(a)(33) of the
Small Business Act, as in effect on the day
before the date of enactment of this Act.
(B) Report requirement.--Not later than 1 year
after the date of enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of
the House of Representatives a report on the programs.
(C) Contents.--The report submitted under
subparagraph (B) shall include--
(i) the number of loans made under the
programs;
(ii) a description of the impact of the
programs on members of the military community
eligible to participate in the programs;
(iii) an evaluation of the efficacy of the
programs;
(iv) an evaluation of the actual or
potential fraud and abuse under the programs;
and
(v) recommendations for improving the
Patriot Express Loan Program under section
7(a)(31)(G) of the Small Business Act, as added
by paragraph (1).
(b) Fee Reduction.--Section 7(a)(18) of the Small Business Act (15
U.S.C. 636(a)(18)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``With respect to'' and inserting ``Except as
provided in subparagraph (C), with respect to''; and
(2) by adding at the end the following:
``(C) Military community.--For an eligible member
of the military community (as defined in paragraph
(31)(G)(i)), the fee for a loan guaranteed under this
subsection, except for a loan guaranteed under
subparagraph (G) of paragraph (31), shall be equal to
75 percent of the fee otherwise applicable to the loan
under subparagraph (A).''.
(c) Technical and Conforming Amendments.--
(1) Small business act.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended--
(A) by striking paragraph (33); and
(B) by redesignating paragraphs (34) and (35) as
paragraphs (33) and (34), respectively.
(2) Small business jobs act of 2010.--Section 1133(b) of
the Small Business Jobs Act of 2010 (Public Law 111-240; 124
Stat. 2515) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) by striking paragraph (33), as redesignated by
section 2(c) of the Patriot Express Authorization Act of 2011;
and
``(2) by redesignating paragraph (34), as redesignated by
section 2(c) of the Patriot Express Authorization Act of 2011,
as paragraph (33).''.
SEC. 3. REDUCTION OF GOVERNMENT PRINTING COSTS.
(a) Strategy and Guidelines.--Not later than 180 days after the
date of enactment of this Act, the Director of the Office of Management
and Budget shall coordinate with the heads of the Executive departments
and independent establishments, as those terms are defined in chapter 1
of title 5, United States Code--
(1) to develop a strategy to reduce Government printing
costs during the 10-year period beginning on September 1, 2011;
and
(2) to issue Government-wide guidelines for printing that
implements the strategy developed under paragraph (1).
(b) Considerations.--
(1) In general.--In developing the strategy under
subsection (a)(1), the Director of the Office of Management and
Budget and the heads of the Executive departments and
independent establishments shall consider guidelines for--
(A) duplex and color printing;
(B) the use of digital file systems by Executive
departments and independent establishments; and
(C) determine which Government publications might
be made available on Government Web sites instead of
being printed.
(2) Essential printed documents.--The Director of the
Office of Management and Budget shall ensure that printed
versions of documents that the Director determines are
essential to individuals entitled to or enrolled for benefits
under part A of title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) or enrolled for benefits under part B of
such title, individuals who receive old-age survivors' or
disability insurance payments under title II of such Act (42
U.S.C. 401 et seq.), and other individuals with limited ability
to use or access the Internet have access to printed versions
of documents that the Director are available after the issuance
of the guidelines under subsection (a)(2). | Patriot Express Authorization Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a Patriot Express Loan Program to guarantee loans made by express lenders to eligible members of the military community. Includes as eligible members: (1) a veteran, including a service-disabled veteran; (2) a member of the Armed Forces on active duty who is eligible to participate in the Transition Assistance Program; (3) the spouse of the above individuals; (4) the widowed spouse of a deceased veteran or member who died due to a service-connected disability; and (5) the widowed spouse of a deceased member to whom the Department of Defense (DOD) may provide for the recovery, care, and disposition of the remains of an individual who died while on active duty or during inactive-duty training. Allows such loans to be used for any business purpose. Limits: (1) individual loans to $1 million, and (2) the loan fee charged to 75% of that charged for SBA general small business loans.
Requires the Director of the Office of Management and Budget (OMB) to coordinate with the heads of executive departments and independent establishments to: (1) develop a strategy to reduce government printing costs during the 10-year period beginning on September 1, 2011; and (2) issue government-wide guidelines for printing that implements the strategy. | {"src": "billsum_train", "title": "A bill to establish the Patriot Express Loan Program under which the Small Business Administration may make loans to members of the military community wanting to start or expand small business concerns, and for other purposes."} | 1,777 | 293 | 0.619774 | 1.897179 | 0.82435 | 4.035842 | 5.842294 | 0.924731 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established an independent commission, which shall be
known as the ``Commission to End Russian Interference in United States
Elections'' (referred to in this Act as the ``Commission'').
SEC. 2. FUNCTIONS.
The Commission shall--
(1) comprehensively examine the facts regarding the extent
of Russian official and unofficial cyber operations and other
attempts to interfere in the 2016 United States national
election;
(2) examine attempts by the Russian Government, persons or
entities associated with the Russian Government, or other
persons or entities within Russia to use cyber-enabled means to
access, alter, or otherwise tamper with--
(A) United States electronic voting systems;
(B) United States voter roll information;
(C) the Democratic National Committee;
(D) the Democratic Congressional Campaign
Committee;
(E) the Democratic Governors Association;
(F) the Republican National Committee;
(G) the Republican Congressional Campaign
Committee;
(H) the Republican Governors Association;
(I) Donald J. Trump for President, Inc.; and
(J) Hillary for America (the Hillary Clinton
Presidential campaign);
(3) examine efforts by the Russian Government, persons or
entities associated with the Russian Government, or persons or
entities within Russia to generate, put forward, disseminate,
or promote propaganda relevant to any election for public
office held in the United States during 2016;
(4) examine efforts by the Russian Government to
collaborate with other governments, entities, or individuals to
carry out activities described in paragraphs (2) and (3);
(5) examine attempts or activities by governments, persons
associated with a government, entities, and individuals other
than those described in paragraph (3) to use electronic means
to influence, interfere with, or sow distrust in elections for
public office held in the United States during 2016;
(6) ascertain, evaluate, and report on the evidence
developed by all relevant government agencies, including the
Department of State, the Office of the Director for National
Intelligence, the Central Intelligence Agency, the National
Security Agency, the Department of Homeland Security, the
Federal Bureau of Investigation, the Department of Defense, and
State election commissions, regarding the facts and
circumstances surrounding Russia's interference with elections
for public office held in the United States during 2016;
(7) review and build upon the findings of completed or
ongoing efforts to the investigate such Russian interference,
including investigations or inquires conducted by--
(A) the Administration of President Barack Obama;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Foreign Relations of the
Senate; and
(E) other executive branch, congressional, or
independent entities;
(8) make a full accounting of--
(A) the circumstances surrounding official and
unofficial attempts to interfere in the 2016 United
States election, including through cyber operations and
the promotion of propaganda or other disinformation;
(B) the level of preparedness of Federal, State,
and local governments to defend against such
interference; and
(C) the United States response to such
interference; and
(9) submit a report to the President and Congress, in
accordance with section 9, on the findings, conclusions, and
recommendations of the Commission on preventing the
reoccurrence of such interference.
SEC. 3. COMPOSITION.
(a) Appointments.--
(1) In general.--The Commission shall be composed of eight
members, of which--
(A) two shall be appointed by the majority leader
of the Senate;
(B) two shall be appointed by the minority leader
of the Senate;
(C) two shall be appointed by the Speaker of the
House of Representatives; and
(D) two shall be appointed by the minority leader
of the House of Representatives.
(2) Deadline for appointment.--Each initial member of the
Commission shall be appointed not later than 30 days after the
date of the enactment of this Act.
(3) Period of appointment.--Each member of the Commission
shall be appointed for the life of the Commission.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 4 members
of the Commission may be members of the same political party.
(2) Nongovernmental appointees.--None of the members of the
Commission may be a Member of Congress (including a Delegate or
Resident Commissioner to Congress), an officer or employee of
the Federal Government, or an officer or employee of any State
or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in professions such as
governmental service, law enforcement, armed services, law,
public administration, intelligence gathering, cybersecurity,
election administration, and foreign affairs.
(c) Initial Meeting; Selection of Chairperson.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Commission shall hold an initial
meeting to develop and implement a schedule for completing the
review and report required under section 2(9).
(2) Chairperson; vice-chairperson.--At the initial meeting
of the Commission, the Commission shall select a Chairperson
and a Vice-Chairperson from among its members. The Chairperson
and Vice-Chairperson may not be members of the same political
party.
(d) Quorum; Vacancies.--
(1) Quorum.--Six members of the Commission shall constitute
a quorum.
(2) Vacancies.--Any vacancy in the Commission shall not
affect the power and duties of the Commission and shall be
filled in accordance with subsection (a) not later than 90 days
after the occurrence of such vacancy.
SEC. 4. POWERS OF THE COMMISSION.
(a) In General.--
(1) Meetings.--After its initial meeting under section
3(c)(1), the Commission shall meet upon the call of the
Chairperson or a majority of its members.
(2) Hearings and evidence.--The Commission may--
(A) hold such hearings, sit and act at such times
and places, take such testimony, receive such evidence,
including classified testimony, evidence, and
information, and administer such oaths as may be
necessary to carry out its functions under section 2;
and
(B) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents, including classified
materials, as the Commission or such designated
subcommittee or designated member may determine
advisable to carry out such functions.
(3) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only by the agreement of
the Chairperson and the Vice-Chairperson or by
the affirmative vote of 5 members of the
Commission.
(ii) Signature.--Subpoenas issued under
this subsection--
(I) may be issued under the
signature of the Chairperson or any
member designated by a majority of the
Commission; and
(II) may be served by any person
designated by the Chairperson or by a
member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under this
subsection, the United States district court
for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--If any
witness fails to comply with any subpoena
issued under this subsection or to testify when
summoned under authority of this subsection,
the Commission may, by majority vote, certify a
statement of fact constituting such failure to
the appropriate United States attorney, who may
bring the matter before the grand jury for its
action, under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Information From Federal Agencies.--
(1) In general.--All Federal departments and agencies
shall, in accordance with applicable procedures for the
appropriate handling of classified information, provide
reasonable access to documents, statistical data, and other
such information that the Commission determines necessary to
carry out its functions under section 2.
(2) Obtaining information.--The Chairperson of the
Commission shall submit a written request, as necessary, to the
head of an agency described in paragraph (1) for access to
documents, statistical data, and other information described in
such paragraph that is under the control of such agency.
(3) Receipt, handling, storage, and dissemination.--
Information described in paragraph (1) may only be received,
handled, stored and disseminated by members of the Commission
and its staff in accordance with all applicable statutes,
regulations, and Executive orders.
(c) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall make office space available for the day-
to-day activities of the Commission and for scheduled meetings
of the Commission. Upon request, the Administrator shall
provide, on a reimbursable basis, such administrative support
as the Commission requests to fulfill its duties.
(2) Other departments and agencies.--In addition to the
assistance required under paragraph (1), other Federal
departments and agencies may provide to the Commission such
services, funds, facilities, staff, and other support services
as the heads of such entities determine advisable in accordance
with applicable law.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other Federal
departments and agencies.
(e) Authority To Contract.--
(1) In general.--Subject to subtitle I of title 40, United
States Code, and division C of subtitle I of title 41, United
States Code (formerly collectively known as the ``Federal
Property and Administrative Services Act of 1949''), the
Commission is authorized to enter into contracts with Federal
and State agencies, private firms, institutions, and
individuals for the conduct of activities necessary to the
discharge of its duties under section 2.
(2) Termination.--Any contract, lease, or other legal
agreement entered into by the Commission under this subsection
may not extend beyond the date specified in section 10.
SEC. 5. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director, who shall be--
(1) appointed by a majority vote of the Commission; and
(2) paid at a rate not to exceed the rate of basic pay for
level IV of the Executive Schedule.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
Director may appoint such personnel as the Director determines
to be appropriate. Such personnel shall be paid at a rate not
to exceed the rate of basic pay for level IV of the Executive
Schedule, as set forth in section 5315 of title 5, United
States Code.
(2) Additional staff.--The Commission may appoint and fix
the compensation of 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 to a
person occupying a position at level V of the Executive
Schedule, as set forth in section 5316 of such title.
(c) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates not to
exceed the rate of basic pay for level IV of the Executive Schedule.
(d) Detailees.--Upon the request of the Commission, any Federal
Government employee may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall retain the
rights, civil service status, and privileges of his or her regular
employment without interruption.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 9.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required under any
applicable statute, regulation, or Executive order.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Members of the Commission--
(1) shall not be considered to be Federal employees for any
purpose by reason of service on the Commission; and
(2) shall serve without pay.
(b) Travel Expenses.--While away from their homes or regular places
of business in performance of services for the Commission, members of
the Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, in accordance with section 5703 of title 5, United
States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission to expeditiously provide, to the extent possible,
appropriate security clearances to Commission members and staff in
accordance with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 9. REPORT.
(a) In General.--Not later than 18 months after the first meeting
of the Commission, the Commission shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, the Committee on the Judiciary
of the Senate, the Committee on the Judiciary of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of the House
of Representatives, the Committee on Oversight and Government Reform of
the House of Representatives, the Select Committee on Intelligence of
the Senate, the Permanent Select Committee on Intelligence of the House
of Representatives, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives. The
report shall include--
(1) a detailed statement of the recommendations, findings,
and conclusions of the Commission under section 2; and
(2) summaries of the input and recommendations of the
leaders and organizations with which the Commission consulted.
(b) Public Availability.--The report required under subsection (a)
shall be submitted in an unclassified form, which shall be made
available to the public, but may include a classified annex.
SEC. 10. TERMINATION.
The Commission shall terminate on the date that is 60 days after
the date on which the Commission submits its report to Congress
pursuant to section 9. | This bill establishes the Commission to End Russian Interference in United States Elections as an independent commission to examine Russian cyber operations and attempts to interfere in the 2016 U.S. national election. The commission must examine attempts by the Russian government, governments or other entities associated with or collaborating with Russia, or persons or entities in Russia to: access, alter, or tamper with voting systems, voter roll information, the Donald J. Trump and the Hillary Clinton presidential campaign organizations, and the Democratic and the Republican national committees, congressional campaign committees, and governors associations; promote propaganda relevant to any election for public office held in the United States during 2016; and use electronic means to influence, interfere with, or sow distrust in such elections. The commission must: (1) report on evidence developed by federal agencies; (2) build upon investigations of executive branch, congressional, or independent entities; and (3) make a full accounting of interference attempts and the U.S. response, and government preparedness, to defend against such interference. The commission may receive classified information and issue subpoenas. The commission must report to the President and Congress with conclusions and recommendations on preventing a reoccurrence of such interference. | {"src": "billsum_train", "title": "A bill to establish an independent commission to examine and report on the facts regarding the extent of Russian official and unofficial cyber operations and other attempts to interfere in the 2016 United States national election, and for other purposes."} | 3,382 | 253 | 0.755497 | 2.300041 | 0.908277 | 3.426724 | 13.724138 | 0.918103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Incentives for Family-Friendly
Workplaces Act of 1996''.
SEC. 2. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45C. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT.
``(a) Amount of Credit.--For purposes of section 38, in the case of
an eligible small business employer, the amount of the small business
family and medical leave credit determined under this section for any
taxable year shall be an amount equal to 50 percent of the qualified
family and medical leave costs paid or incurred by the taxpayer during
such taxable year.
``(b) Limitation on Credit.--The credit allowed by subsection (a)
with respect to each employee for qualified family and medical leave
costs paid or incurred by the taxpayer during the taxable year with
respect to such employee shall not exceed $2,000.
``(c) Definitions.--For purposes of this section--
``(1) Eligible small business employer.--The term `eligible
small business employer' means any employer who complies with
title I of the Family and Medical Leave Act of 1993 but who is
not required to comply with such title by reason of employing
fewer than 50 employees during the periods described in section
101(4)(A) of such Act.
``(2) Qualified family and medical leave costs.--The term
`qualified family and medical leave costs' means expenses
incurred in connection with complying with title I of the
Family and Medical Leave Act of 1993.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for that portion of the qualified family and medical
leave costs otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for such taxable
year under this section.''
(b) Conforming Amendment.--Subsection (b) of section 38 of such
Code is amended by striking ``plus'' at the end of paragraph (10), by
striking the period at the end of paragraph (11) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(12) in the case of an eligible small business employer
(as defined in section 45C(c)), the small business family and
medical leave credit determined under section 45C.''
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45C. Small business family and
medical leave credit.''
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date which is 6 months
after the date of the enactment of this Act.
SEC. 3. CREDIT FOR WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS
OF EMPLOYMENT OR TO WORK AT HOME IN ORDER TO REDUCE CHILD
CARE NEEDS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits), as amended by section 2, is amended by adding at the end the
following new section:
``SEC. 45D. WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF
EMPLOYMENT OR WORK AT HOME IN ORDER TO REDUCE CHILD CARE
NEEDS.
``(a) In General.--For purposes of section 38, the amount of the
child care-related wage credit determined under this section for any
taxable year shall be an amount equal to \1/3\ of the aggregate wages
paid or incurred during such year which are attributable to services
performed by an employee of the taxpayer during the 1-year period
beginning on the date the employee first becomes a qualified employee
of the taxpayer.
``(b) Qualified Employee.--For purposes of this section, the term
`qualified employee' means any full-time employee if--
``(1) such employee is permitted by the employer, solely in
order to reduce the amount of dependent care services provided
(to a dependent of the employee) outside the employee's
household, to perform services for the employer--
``(A) at the employee's home, or
``(B) during a period which is not within the
normal business hours of the employer, and
``(2) as a result of the services performed for the
employer as described in subparagraphs (A) and (B) of paragraph
(1), there is at least a 20 percent reduction in the amount of
time dependent care services are provided to a dependent of the
employee outside the employee's household.
``(c) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Employee must be qualified employee for entire
year.--No credit shall be determined under subsection (a) with
respect to any employee unless such employee is a qualified
employee throughout the 1-year period described in subsection
(a).
``(2) Only $6,000 of wages per year taken into account.--
The amount of the wages which may be taken into account with
respect to any employee shall not exceed $6,000 per year.
``(3) Wages.--The term `wages' has the meaning given such
term by section 51(c) (determined without regard to paragraph
(4) thereof).
``(4) Certain rules to apply.--Rules similar to the rules
of section 52 and subsections (f), (g), (h), (i), and (k) of
section 51 shall apply.''
(b) Conforming Amendment.--Subsection (b) of section 38 of such
Code (relating to current year business credit), as amended by section
2(b), is amended by striking ``plus'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(13) the child care-related wage credit determined under
section 45D(a).''
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45D. Wages paid to employee who is
allowed to shift hours of
employment or work at home in
order to reduce child care
needs.''
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to wages paid or incurred after the date which is 6
months after the date of the enactment of this Act.
(2) Employer practices before effective date.--For purposes
of section 45D(b)(2) of the Internal Revenue Code of 1986, as
added by this section, no reduction before the 1st taxable year
to which such section applies shall be taken into account. | Tax Incentives for Family-Friendly Workplaces Act of 1996 - Amends the Internal Revenue Code to allow a small business family and medical leave credit and a credit for wages paid to employees who are permitted to shift employment hours or to work at home in order to reduce child care needs. | {"src": "billsum_train", "title": "Tax Incentives for Family-Friendly Workplaces Act of 1996"} | 1,620 | 65 | 0.48808 | 1.106509 | 0.488241 | 4.925926 | 26.907407 | 0.962963 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Welcome Home G.I.
Bill Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS
Sec. 101. Montgomery G.I. Bill improvements.
Sec. 102. Improved education benefits for reserve component members
supporting contingency operations and
certain other operations.
Sec. 103. Increase in Home Purchase Benefits.
TITLE II--IMPROVEMENTS IN HEALTH BENEFITS
Sec. 201. Extension of transitional health care for certain uninsured
veterans.
Sec. 202. Clarification of predeployment and postdeployment medical
exams.
TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS
SEC. 101. MONTGOMERY G.I. BILL IMPROVEMENTS.
(a) Increase in Benefits and Extension of Duration of Educational
Assistance.--Section 3015 of title 38, United States Code, is amended--
(1) in subsections (a)(1)(D) and (b)(1)(D), by striking
``under subsection (h)'' and inserting ``under subsection
(i)'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) The amount of basic educational allowance payable under
this chapter to an individual referred to in paragraph (2) is the
amount equal to 150 percent of the amount determined under subsection
(a) or (b), as the case may be, with respect to the individual.
``(2)(A) Paragraph (1) applies to an individual entitled to an
educational assistance allowance under section 3011 or 3012 of this
title who, during the period described in paragraph (5), serves on
active duty outside the United States or its territories or possessions
as part of a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or combat operation for a
period of at least 6 consecutive months.
``(B) The requirement of 6 consecutive months of service under
paragraph (1) is not applicable to an individual who is discharged or
released from active duty in the Armed Forces after a period of
consecutive months of service on active duty totaling less than 6
consecutive months--
``(i) for a service-connected disability;
``(ii) for a medical condition which preexisted such
service on active duty and which the Secretary determines is
not service-connected;
``(iii) for hardship;
``(iv) in the case of an individual discharged or released
after 5 consecutive months of service on active duty, for the
convenience of the Government;
``(v) involuntarily for the convenience of the Government
as a result of a reduction in force, as determined by the
Secretary of the military department concerned in accordance
with regulations prescribed by the Secretary of Defense or by
the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy; or
``(vi) for a physical or mental condition that was not
characterized as a disability, as described in section
3011(a)(1)(A)(ii)(I) of this title.
``(3) The Secretary of Defense shall refund to each individual
referred to in paragraph (2) all amounts reduced from the basic pay of,
or collected by the Secretary from, the individual under section
3011(b) or 3012(c) of this title, as the case may be.
``(4)(A) Upon completion of an approved course of education, an
individual referred to paragraph (2) may apply amounts of increased
basic educational assistance otherwise available to the individual
under this section to repay some or all of the principal or interest on
any Federal student loan of the individual.
``(B) In no event shall payment of basic educational assistance
under this paragraph exceed the amount of the individual's available
entitlement under this chapter.
``(C) In this paragraph, the term `Federal student loan' means any
loan made under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).
``(5) The period referred to in paragraph (2)(A) is the period
which begins on September 11, 2001, and ends on the date that is five
years after the date of the enactment of the Welcome Home G.I. Bill Act
of 2005.''.
(b) Duration of Payments.--Section 3013 of such title is amended by
adding at the end the following new subsection:
``(g) In the case of an individual referred to in section
3015(h)(2) of this title, the preceding provisions of this section
shall be applied by substituting `48 months' for `36 months' each place
it appears.''.
(c) Conforming Amendments.--(1) Section 3014(b)(2)(B) of such title
is amended by inserting ``(or 48 in the case of an individual referred
to in section 3015(h)(2) of this title)'' after ``36''.
(2) Section 3017(b)(2) of such title 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) the amount of any refund under section 3015(h)(3) of
this title.''.
(3) Section 3695(a) of such title is amended by inserting ``, or 60
months in the case of an individual referred to in section 3015(h)(2)
of this title'' after ``48 months''.
SEC. 102. IMPROVED EDUCATION BENEFITS FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER
OPERATIONS.
(a) Increase in Rate of Educational Assistance.--Subsection (c) of
section 16162 of title 10, United States Code, is amended by adding at
the end the following new paragraph:
``(5) Notwithstanding paragraphs (2), (3), and (4), the educational
assistance allowance provided under this chapter for a member of the
reserve component called or ordered to active service in response to a
war or national emergency declared by the President or the Congress who
performs active duty service for 180 consecutive days before the date
which is the last day of the five-year period that begins on the date
of the enactment of the Welcome Home G.I. Bill Act of 2005 is the
greater of (A) the monthly rate of $1562.50, or (B) the monthly rate
otherwise applicable under this chapter.''.
(b) Extension of Duration of Educational Assistance.--Subsection
(d)(1) of such section is amended by inserting ``, or 48 in the case of
educational assistance allowance paid under subsection (c)(5)'' after
``under this chapter is 36''.
(c) Use of Entitlement for Payment of Federal Student Loans.--Such
section is further amended by adding at the end the following new
subsection:
``(e) Use of Entitlement for Payment of Federal Student Loans.--(1)
Upon completion of a program of education authorized under subsection
(b), a member of the reserve components entitled to educational
assistance under this chapter may apply amounts of educational
assistance otherwise available to the member under this chapter to
repay some or all of the principal or interest on any Federal student
loan of the member.
``(2) In no event shall payment of educational assistance under
this subsection exceed the amount of the member's available entitlement
under this chapter.
``(3) In this subsection, the term `Federal student loan' means any
loan made under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).''.
SEC. 103. INCREASE IN HOME PURCHASE BENEFITS.
(a) Payment to Certain Veterans for Downpayment Toward Home
Purchase.--(1) Chapter 37 of title 38, United States Code, is amended
by inserting after section 3708 the following new section:
``Sec. 3709. Provision of downpayment toward home purchase for veterans
performing eligible service
``(a) Payment for Downpayment on Home Purchase.--Subject to
subsections (b) and (c), in the case of a veteran who performs eligible
service, the Secretary of Defense shall provide for a payment of $5,000
on behalf of the veteran to be used as a downpayment toward the
purchase or construction of a residential dwelling to be owned and
occupied by the veteran.
``(b) Time Limitation for Use.--The period during which the
Secretary of Defense may provide for a payment under subsection (a) to
a veteran who performs eligible service expires on the date that is
five years after the date on which such eligible service is completed.
``(c) Use in Conjunction With First-Time Home Purchase Under This
Chapter.--The Secretary of Defense may only provide a payment to a
veteran under subsection (a) if the veteran demonstrates to the
Secretary of Veterans Affairs that the veteran has not previously
obtained a loan guaranteed, insured, or made under this chapter, as the
case may be.
``(d) Eligible Service.--In this subsection, the term `eligible
service' means active duty service performed after September 11, 2001,
outside the United States or its territories or possessions as part of
a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or combat operation for a
period of at least 6 consecutive months (or for a lesser period of time
in the case of such an individual who is discharged or released from
active duty for a service-connected disability).''.
(2) The table of sections at the beginning of chapter 37 of such
title is amended by inserting after the item relating to section 3708
the following new item:
``3709. Provision of downpayment toward home purchase for veterans
performing eligible service''.
(b) Benefit Excluded From Gross Income.--
(1) In general.--Subsection (b) of section 134 of the
Internal Revenue Code of 1986 (relating to qualified military
benefit) is amended by adding at the end the following new
paragraph:
``(6) Veterans housing benefits.--
``(A) In general.--The term `qualified military
benefit' includes payments made under section 3709 of
title 38, United States Code (relating to provision of
downpayment toward home purchase for veterans
performing eligible service), as in effect on the date
of the enactment of this paragraph.
``(B) Denial of double benefit.--Notwithstanding
any other provision of this subtitle, no increase in
the basis or adjusted basis of any property shall
result from any amount excluded under this section by
reason of subparagraph (A).''.
(2) Effective date.--The amendment made by this subsection
shall apply to payments made after the date of the enactment of
this Act, in taxable years ending after such date.
TITLE II--IMPROVEMENTS IN HEALTH BENEFITS
SEC. 201. EXTENSION OF TRANSITIONAL HEALTH CARE FOR CERTAIN UNINSURED
VETERANS.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Special Rule for Certain Uninsured Veterans.--(1)
Transitional health care shall be available under subsection (a) for
any period during the five-year period beginning on the date on which
an eligible veteran is separated from active duty during which the
eligible veteran demonstrates to the Secretary of Defense that the
eligible veteran is not covered under any group health plan provided by
an employer or spouse's employer.
``(2) In this subsection, the term `eligible veteran' means a
person--
``(A) who served in the active military, naval, or air
service (as defined in section 101 of title 38);
``(B) who, after September 11, 2001, is deployed outside
the United States or its territories or possessions as part of
a contingency operation (including a humanitarian operation,
peacekeeping operation, or similar operation) or combat
operation for a period of at least 6 consecutive months (or for
a lesser period of time in the case of such an individual who
is discharged or released from active duty for a service-
connected disability); and
``(C) who was discharged or released from such service
under conditions other than dishonorable.''.
SEC. 202. CLARIFICATION OF PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL
EXAMS.
Subsection (b) of section 1074f of title 10, United States Code, is
amended to read as follows:
``(b) Elements of System.--(1) The system described in subsection
(a) shall include the use of predeployment medical examinations and
postdeployment medical examinations, in accordance with this
subsection, to accurately record the medical condition of members
before their deployment and any changes in their medical condition
during the course of their deployment.
``(2) A predeployment medical examination shall consist of a self-
administered survey followed by a clinical examination conducted by
medical personnel of the Department of Defense. The survey and clinical
examination shall include--
``(A) the collection of clinical data (such as vital signs
and the drawing of blood samples);
``(B) the collection of information (including information
on immunizations) on current and past physical or mental health
conditions that might affect the ability of the member to
perform duties;
``(C) an assessment of mental health;
``(D) screening for diseases that are prevalent in members
of the armed forces; and
``(E) referral to appropriate medical care for any
conditions needing further treatment.
``(3) A postdeployment medical examination shall consist of a self-
administered survey followed by a clinical examination conducted by
medical personnel of the Department of Defense. The survey and clinical
examination--
``(A) shall include self-reported information about any
relevant exposures during the period of deployment, including
witnessing or participating in combat and screening for post-
traumatic stress disorder; and
``(B) shall be conducted when the member is redeployed or
otherwise leaves an area in which the system is in operation
(or as soon as possible thereafter).''. | Welcome Home G.I. Bill Act of 2005 - Increases and extends the duration of basic educational assistance for individuals who serve at least six consecutive months (with exceptions from the six consecutive months requirement due to medical, hardship, or involuntary separation ) on active duty outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) beginning on September 11, 2001, and ending five years after enactment of this Act.
Permits assistance use for student loan repayment. Provides for refund of educational contributions made under the Montgomery G.I. Bill program.
Increases and extends the duration of educational assistance for reserve component members called or ordered to active service in response to a war or national emergency who perform active duty service for 180 consecutive days before the five-year period beginning on the date of enactment of this Act. Permits assistance use for student loan repayment.
Provides $5,000 for a residential purchase downpayment for a veteran who: (1) performs active duty service outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability) after September 11, 2001; and (2) has not previously obtained a veterans' guaranteed or insured housing loan. Makes such benefit available for five years from the date eligible service is completed.
Amends the the Internal Revenue Code to exclude such housing benefit from gross income.
Provides transitional health care benefits during the five-year period after separation from active duty for an individual who is not covered under an employer-provided or a spouse's employer-provided group health plan who: (1) serves in the active military, naval, or air service; (2) after September 11, 2001, is deployed outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability); and (3) is discharged or released under conditions other than dishonorable.
Revises predeployment and postdeployment medical exam provisions. | {"src": "billsum_train", "title": "A bill to amend titles 10 and 38, United States Code, to increase benefits for members of the Armed Forces who, after September 11, 2001, serve on active duty outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or a combat operation."} | 3,300 | 474 | 0.602167 | 1.865871 | 0.805059 | 3.454545 | 7.157895 | 0.92823 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brady Handgun Violence Prevention
Act''.
SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer a
handgun to an individual who is not licensed under section 923,
unless--
``(A) after the most recent proposal of such transfer by
the transferee--
``(i) the transferor has--
``(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
``(II) verified the identification of the
transferee by examining the identification
document presented; and
``(III) within one day after the transferee
furnishes the statement, provided a copy of the
statement to the chief law enforcement officer
of the place of residence of the transferee;
and
``(ii)(I) 7 days have elapsed from the date the
transferee furnished the statement, and the transferor
has not received information from the chief law
enforcement officer that receipt or possession of the
handgun by the transferee would be in violation of
Federal, State, or local law; or
``(II) the transferor has received notice from the
chief law enforcement officer that the officer has no
information indicating that receipt or possession of
the handgun by the transferee would violate Federal,
State, or local law;
``(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement officer
of the place of residence of the transferee during the 10-day
period ending on the date of the most recent proposal of such
transfer by the transferee, which states that the transferee
requires access to a handgun because of a threat to the life of
the transferee or of any member of the household of the
transferee;
``(C)(i) the transferee has presented to the transferor a
permit which--
``(I) allows the transferee to possess a handgun;
and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a handgun by the transferee
would be in violation of law;
``(D) the law of the State--
``(i) prohibits any licensed importer, licensed
manufacturer, or licensed dealer from transferring a
handgun to an individual who is not licensed under
section 923, before at least 7 days have elapsed from
the date the transferee proposes such transfer; or
``(ii) requires that, before any licensed importer,
licensed manufacturer, or licensed dealer completes the
transfer of a handgun to an individual who is not
licensed under section 923, an authorized government
official verifies that the information available to
such official does not indicate that possession of a
handgun by the transferee would be in violation of law;
or
``(E) the transferor has received a report from any system
of felon identification established by the Attorney General
pursuant to section 6213(a) of the Anti-Drug Abuse Amendments
Act of 1988, that available information does not indicate that
possession or receipt of a handgun by the transferee would
violate Federal, State, or local law.
``(2) Paragraph (1) shall not be interpreted to require any action
by a chief law enforcement officer which is not otherwise required.
``(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the transferee containing a photograph of the
transferee and a description of the identification used;
``(B) a statement that the transferee--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions; and
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
``(C) the date the statement is made; and
``(D) notice that the transferee intends to obtain a
handgun from the transferor.
``(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the transferee
violates Federal, State, or local law shall immediately communicate all
information the transferor has about the transfer and the transferee
to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall not
disclose such information except to the transferee, to law enforcement
authorities, or pursuant to the direction of a court of law.
``(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement of the
transferee with respect to the handgun transaction, and shall retain
evidence that the transferor has complied with paragraph (1)(A)(i)(III)
with respect to the statement.
``(B) Unless the chief law enforcement officer to whom a copy of
the statement is sent determines that a transaction would violate
Federal, State, or local law, the officer shall, within 30 days after
the date the transferee made the statement, destroy the copy and any
record containing information derived from the statement.
``(7) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer, or the designee of any such individual.
``(8) This subsection shall not apply to the sale of a firearm in
the circumstances described in subsection (c).
``(9) The Secretary shall take necessary actions to assure that the
provisions of this subsection are published and disseminated to dealers
and to the public.''.
(b) Handgun Defined.--Section 921(a) of such title is amended by
adding at the end the following:
``(29) The term `handgun' means--
``(A) a firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(c) Penalty.--Section 924(a) of such title is amended--
(1) in paragraph (1), by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following:
``(5) Whoever knowingly violates section 922(s) shall be fined not
more than $1,000, imprisoned for not more than one year, or both.''.
(d) Effective Date.--The amendments made by this Act shall apply to
conduct engaged in 90 or more days after the date of the enactment of
this Act. | Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response that such transfer is not prohibited or has not received a response indicating otherwise within seven days; (2) the individual has presented a statement from the officer that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented a handgun permit issued in the past five years by the State in which the transfer is to take place which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verify that possession of a handgun by the purchaser would not be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law.
Requires any transferor who, after a transfer, receives a report that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions.
Sets forth transferor record-keeping requirements. | {"src": "billsum_train", "title": "Brady Handgun Violence Prevention Act"} | 1,857 | 371 | 0.717186 | 2.161728 | 0.793479 | 3.520833 | 5.002976 | 0.889881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing for Persons With AIDS
Modernization Act of 2014''.
SEC. 2. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR
INDIVIDUALS LIVING WITH HIV OR AIDS.
(a) In General.--Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended by--
(1) redesignating paragraph (3) as paragraph (5); and
(2) striking paragraphs (1) and (2) and inserting the
following:
``(1) Allocation of resources.--
``(A) Allocation formula.--The Secretary shall
allocate 90 percent of the amount approved in
appropriations Acts under section 863 among States and
metropolitan statistical areas as follows:
``(i) 75 percent of such amounts among--
``(I) cities that are the most
populous unit of general local
government in a metropolitan
statistical area with a population
greater than 500,000, as determined on
the basis of the most recent census,
and with more than 2,000 individuals
living with HIV or AIDS, using the data
specified in subparagraph (B); and
``(II) States with more than 2,000
individuals living with HIV or AIDS
outside of metropolitan statistical
areas.
``(ii) 25 percent of such amounts among
States and metropolitan statistical areas based
on the method described in subparagraph (C).
``(B) Source of data.--For purposes of allocating
amounts under this paragraph for any fiscal year, the
number of individuals living with HIV or AIDS shall be
the number of such individuals as confirmed by the
Director of the Centers for Disease Control and
Prevention, as of December 31 of the most recent
calendar year for which such data is available.
``(C) Allocation under subparagraph (A)(ii).--For
purposes of allocating amounts under subparagraph
(A)(ii), the Secretary shall develop a method that
accounts for--
``(i) differences in housing costs among
States and metropolitan statistical areas based
on the fair market rental established pursuant
to section 8(c) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(c)) or another
methodology established by the Secretary
through regulation; and
``(ii) differences in poverty rates among
States and metropolitan statistical areas based
on area poverty indexes or another methodology
established by the Secretary through
regulation.
``(2) Maintaining grants.--
``(A) Continued eligibility of fiscal year 2014
grantees.--A grantee that received an allocation in
fiscal year 2014 shall continue to be eligible for
allocations under paragraph (1) in subsequent fiscal
years, subject to--
``(i) the amounts available from
appropriations Acts under section 863;
``(ii) approval by the Secretary of the
most recent comprehensive housing affordability
strategy for the grantee approved under section
105; and
``(iii) the requirements of subparagraph
(C).
``(B) Adjustments.--Allocations to grantees
described in subparagraph (A) shall be adjusted
annually based on the administrative provisions
included in fiscal year 2014 appropriations Acts.
``(C) Redetermination of continued eligibility.--
The Secretary shall redetermine the continued
eligibility of a grantee that received an allocation in
fiscal year 2014 at least once during the 10-year
period following fiscal year 2014.
``(D) Adjustment to grants.--For each of fiscal
years 2015, 2016, and 2017, the Secretary shall ensure
that a grantee that received an allocation in the prior
fiscal year does not receive an allocation that is 10
percent less than or 20 percent greater than the amount
allocated to such grantee in the preceding fiscal year.
``(3) Alternative grantees.--
``(A) Requirements.--The Secretary may award funds
reserved for a grantee eligible under paragraph (1) to
an alternative grantee if--
``(i) the grantee submits to the Secretary
a written agreement between the grantee and the
alternative grantee that describes how the
alternative grantee will take actions
consistent with the applicable comprehensive
housing affordability strategy approved under
section 105 of this Act;
``(ii) the Secretary approves the written
agreement described in clause (i) and agrees to
award funds to the alternative grantee; and
``(iii) the written agreement does not
exceed a term of 10 years.
``(B) Renewal.--An agreement approved pursuant to
subparagraph (A) may be renewed by the parties with the
approval of the Secretary.
``(C) Definition.--In this paragraph, the term
`alternative grantee' means a public housing agency (as
defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b))), a unified funding
agency (as defined in section 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360)), a State, a
unit of general local government, or an instrumentality
of State or local government.
``(4) Reallocations.--If a State or metropolitan
statistical area declines an allocation under paragraph (1)(A),
or the Secretary determines, in accordance with criteria
specified in regulation, that a State or metropolitan
statistical area that is eligible for an allocation under
paragraph (1)(A) is unable to properly administer such
allocation, the Secretary shall reallocate any funds reserved
for such State or metropolitan statistical area as follows:
``(A) For funds reserved for a State--
``(i) to eligible metropolitan statistical
areas within the State on a pro rata basis; or
``(ii) if there is no eligible metropolitan
statistical areas within a State, to
metropolitan cities and urban counties within
the State that are eligible for grant under
section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306), on a
pro rata basis.
``(B) For funds reserved for a metropolitan
statistical area, to the State in which the
metropolitan statistical area is located.
``(C) If the Secretary is unable to make a
reallocation under subparagraph (A) or (B), the
Secretary shall make such funds available on a pro rata
basis under the formula in paragraph (1)(A).''.
(b) Amendment to Definitions.--Section 853 of such Act is amended--
(1) in paragraph (1), by inserting ``or `AIDS''' before
``means''; and
(2) by inserting at the end the following new paragraphs:
``(15) The term `HIV' means infection with the human
immunodeficiency virus.
``(16) The term `individuals living with HIV or AIDS'
means, with respect to the counting of cases in a geographic
area during a period of time, the sum of--
``(A) the number of living non-AIDS cases of HIV in
the area; and
``(B) the number of living cases of AIDS in the
area.''. | Housing for Persons With AIDS Modernization Act of 2014 - Amends the AIDS Housing Opportunity Act to revise the formula and terms for allocations of grants to states, local governments, and nonprofit organizations for housing programs for persons with acquired immune deficiency syndrome (AIDS) (as under current law), as well as those with human immunodeficiency virus (HIV). | {"src": "billsum_train", "title": "Housing for Persons With AIDS Modernization Act of 2014"} | 1,615 | 85 | 0.532708 | 1.286721 | 0.553797 | 1.820896 | 21.537313 | 0.776119 |
That this Act may be
referred to as the ``Outer Continental Shelf Deep Water Royalty Relief
Act''.
Sec. 2. Amendments to the Outer Continental Shelf Lands Act.--The
Outer Continental Shelf Lands Act, as amended, is amended by
redesignating section 8(a)(3) (43 U.S.C. 1337(a)(3)) as section
8(a)(3)(A) and by adding at the end thereof the following:
``(B) The Secretary may, in order to promote development
and new production on a producing or non-producing lease,
through primary, secondary, or tertiary recovery means, or to
encourage production of marginal or uneconomic resources on a
producing or non-producing lease, reduce or suspend any royalty
or net profit share set forth in the lease.
``(C)(i) Notwithstanding the provisions of this Act other
than this subparagraph, no royalty payment shall be due on new
production, as defined in -c-l-a-u-s-e -(-i-i-) clause (iii) of
this subparagraph, from any lease located in water depths of
200 meters or greater in the Western and Central Planning Areas
of the Gulf of Mexico, and the Eastern Planning Area of the
Gulf of Mexico west of the lateral seaward boundary between the
States of Florida and Alabama, or for any lease in the frontier
areas of Alaska, which shall, at a minimum, include those areas
with seasonal sea ice, long distances to existing pipelines and
ports, or a lack of production infrastructure, until the
capital costs directly related to such new production have been
recovered by the lessee out of the proceeds from such new
production.
``(ii) With respect to any lease in existence on the date
of enactment of the Outer Continental Shelf Deep Water Royalty
Relief Act meeting the requirements of this subparagraph, upon
application by the lessee, the Secretary shall determine within
ninety days of such application whether new production from
such lease would be economic in the absence of the relief from
the requirement to pay royalties provided for by clause (i) of
this subparagraph. In making such determination, the Secretary
shall consider all costs associated with obtaining, exploring,
developing, and producing from the lease. The lessee shall be
afforded an opportunity to provide information to the Secretary
prior to such determination. Such application may be made on
the basis of an individual lease or unit (as defined under the
provisions of 30 CFR part 250). If the Secretary determines
that such new production would be economic in the absence of
the relief from the requirement to pay royalties provided for
by clause (i) of this subparagraph, the provisions of clause
(i) of this subparagraph shall not apply to such production.
Redetermination of the applicability of clause (i) shall be
undertaken by the Secretary when requested by the lessee upon
significant change in the factors upon which the original
determination was made. The Secretary shall make such
redetermination within sixty days of such application. The
Secretary may extend the time period for making any
determination under this clause for thirty days if
circumstances so warrant. The lessee shall be notified in
writing of any determination or redetermination and the reasons
for and assumptions used for such determination. In the event
that the Secretary fails to make the determination or
redetermination upon application by the lessee within the time
period, together with any such extension thereof provided for
by this clause, the relief from the requirement to pay
royalties provided for by clause (i) shall apply to such
production.
``-(-i-i-) (iii) For purposes of this subparagraph, the
term--
``(aa) `capital costs' shall be defined by the
Secretary and shall include exploration costs incurred
after the acquisition of the lease and development
costs directly related to new production. The terms
`exploration' and `development' shall have the same
meaning contained in subsections (k) and (l) of section
2 of this Act except the term `development' shall also
include any similar additional development activities
which take place after production has been initiated
from such lease. Such capital costs shall not include
any amounts paid as bonus bids but shall be adjusted to
reflect changes in the consumer price index, as defined
in section (1)(f)(4) of title 26 of the United States
Code; and
``(bb) `new production' is--
``(I) any production from a lease from
which no royalties are due on production, other
than test production, prior to the date of
enactment of the Outer Continental Shelf Deep
Water Royalty Relief Act; or
``(II) any production resulting from lease
development activities pursuant to a
Development Operations Coordination Document
approved by the Secretary after the date of
enactment of the Outer Continental Shelf Deep
Water Royalty Relief Act; and
``-(-i-i-i-) (iv) In any month during which the arithmetic
average of the closing prices for the earliest delivery month
on the New York Mercantile Exchange for Light Sweet crude oil
exceeds $28.00 per barrel, any production of oil subject to
relief from the requirement to pay royalties under clause (i)
of this subparagraph shall be subject to royalties at the lease
stipulated rate, and the lessee's gross proceeds from such oil
production, less Federal royalties, during such month shall be
counted toward the recovery of capital costs under clause (i)
of this subparagraph.
``-(-i-v-) (v) In any month during which the arithmetic
average of the closing prices for the earliest delivery month
on the New York Mercantile Exchange for natural gas exceeds
$3.50 per million British thermal units, any production of
natural gas subject to relief from the requirement to pay
royalties under clause (i) of this subparagraph shall be
subject to royalties at the lease stipulated rate, and the
lessee's gross proceeds from such natural gas production, less
Federal royalties, during such month shall be counted toward
the recovery of capital costs under clause (i) of this
subparagraph.
``-(-v-) (vi) The prices referred to in -c-l-a-u-s-e-s
-(-i-i-i-) -a-n-d -(-i-v-) clauses (iv) and (v) of this
subparagraph shall be changed during any calendar year after
-1-9-9-3 1994 by the percentage if any by which the consumer
price index changed during the preceding calendar year, as
defined in section (1)(f)(4) of title 26 of the United States
Code.''.
Sec. 3. Regulations.--The Secretary shall promulgate such rules and
regulations as are necessary to implement the provisions of this Act
within one hundred and eighty days after the date of enactment of this
Act.
Sec. 4. Area-Wide Leasing.--The Secretary shall not implement the
system of tract nomination for oil and gas leasing in the Central and
Western Planning Areas of the Gulf of Mexico under the Outer
Continental Shelf Lands Act, and shall use the existing area-wide
system of leasing in such areas.
Sec. 5. Report to Congress.--(a) The Secretary shall review Federal
regulations and policies within the Secretary's jurisdiction which
create barriers and disincentives that unnecessarily preclude new
production, or result in premature abandonment or suspension of
existing production of oil and gas on Federal lands, including the
Outer Continental Shelf. Such review, conducted with the participation
of all interested parties, shall assess how Federal policies could be
modified to reduce compliance costs and improve the cash flow of oil
and gas operations on Federal lands. The review shall include
administrative compliance, royalty collection, timing of operational
and production management requirements, such as permanent plugging and
abandonment of wells, and any other requirements which unduly burden
natural gas and oil exploration, production and transportation on
Federal lands.
(b) The Secretary shall evaluate the impact, if any, of current
royalty rates for oil and gas on Federal lands, both onshore and
offshore, on the viability of undeveloped fields by general category,
such as production volume, crude quality, water depth, and distance
from existing infrastructure. The review shall be based on current
industry technology and cost information, and shall assess how a
reduction in Federal oil and natural gas royalties would encourage
development.
(c) The Secretary shall report to the Committee on Energy and
Natural Resources of the United States Senate and to the United States
House of Representatives on the review required by this section and
actions taken as recommended pursuant to such review, or the reason
such actions have not been taken, within ninety days of the date of
enactment of this Act. | Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or suspend any royalty or net profit share set forth in a lease in order to promote development and new production and to encourage production of marginal or uneconomic resources.
Declares that with respect to leases in certain Planning Areas of the Gulf of Mexico, and certain leases in the Alaska frontier, royalty payment shall not be due on new production until the capital costs directly related to production have been recovered out of new production proceeds. Prescribes procedures under which the Secretary shall determine whether such relief from royalty payments shall apply.
Prohibits the Secretary from implementing a tract nomination system for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico. Requires the Secretary to use the existing area-wide leasing system instead.
Directs the Secretary to review and report to certain congressional committees on Federal regulations which create disincentives to oil and gas production on Federal lands. | {"src": "billsum_train", "title": "Outer Continental Shelf Deep Water Royalty Relief Act"} | 1,911 | 223 | 0.568804 | 1.642297 | 0.927119 | 3.405128 | 9.082051 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Manufacturing Officer Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The manufacturing sector consists of establishments
that are primarily engaged in the transformation of materials,
substances, or components into products.
(2) The Federal Government supports manufacturing in a
variety of ways; manufacturing related activities are scattered
in several agencies in the executive branch.
(3) Manufacturing employment, output and exports are
impacted by tax policies, state of infrastructure and
transportation, small business regulations, environmental
regulations, trade policies, innovation ecosystems, workforce
development, and education initiatives, with national security
implications.
(4) Manufacturers account for 12 percent of the total gross
domestic product output in the United States, employing 9
percent of the workforce. Total output from manufacturing was
more than 2 trillion dollars in 2014. In addition, there were
more than 12 million manufacturing employees in the United
States in 2015, with an average annual compensation of about
$80,000.
(5) Legislative policies and executive actions often result
in unintended, inconsistent, and conflicting outcomes with
respect to the growth of manufacturing in the United States.
(b) Sense of Congress.--It is the sense of Congress that a well-
designed national manufacturing strategy would benefit the United
States economy in several important ways:
(1) A revitalized manufacturing sector enables the United
States to derive more of its economic growth from exports and
domestic production than it has in the past two decades.
(2) Average domestic wages would rise in response to
growing manufacturing output, as manufacturing jobs
historically have paid higher wages and benefits than
nonmanufacturing jobs.
(3) A growing manufacturing sector would help lay a
foundation for future United States economic growth, since
manufacturing industries perform the vast share of private-
sector research and development, which fuels the innovation
that serves as a primary engine of economic growth.
(4) The United States would expand its long-standing
leadership in advanced manufacturing technologies with Federal
investments in manufacturing research and development,
education, and workforce training.
(5) There has always been a strong connection between
domestic manufacturing and national defense and homeland
security. A strong and innovative manufacturing industry will
maintain the United States military superiority and will allow
for an unquestionable ability to respond quickly to threats and
catastrophes.
SEC. 3. UNITED STATES CHIEF MANUFACTURING OFFICER.
(a) Appointment.--Not later than 6 months after the date of the
enactment of this Act, the President shall appoint a United States
Chief Manufacturing Officer, by and with the advise and consent of the
Senate. The position of the Officer shall be in the Executive Office of
the President and report to the President through the Chief of Staff.
Such appointment shall not be construed to authorize an increase in the
number of full-time equivalent employees within the Executive Office of
the President.
(b) Pay.--The annual rate of pay for the United States Chief
Manufacturing Officer shall be an Executive Schedule rate of pay
(subchapter II of chapter 53 of title 5, United States Code), as
determined by the President, commensurate with the qualifications and
expertise of the individual appointed to be such Officer.
(c) Duties.--The primary duty of the United States Chief
Manufacturing Officer is to develop the national manufacturing strategy
described in subsection (d) and the other duties include the following:
(1) Advise the President on policy issues that impact the
economic activities and the workforce in the manufacturing
sector.
(2) Chair the Committee on Technology under the National
Science and Technology Council.
(3) Foster the coordination of manufacturing-related
policies and activities across agencies by--
(A) encouraging the use of best innovative
manufacturing practices across the Federal Government;
(B) ensuring the use of best information
technologies and cybersecurity practices for
manufacturing; and
(C) analyzing the status of manufacturing
technology needs across agencies.
(4) Conduct technology policy analyses to improve United
States manufacturing productivity, technology, and innovation,
and cooperate with United States manufacturing industry in the
improvement of its productivity, technology, and ability to
compete successfully in world markets.
(5) Determine the influence of economic, labor, and other
conditions, industrial structure and management, and government
policies on technological developments in manufacturing sectors
worldwide.
(6) Identify technological needs, problems, and
opportunities within and across the manufacturing sector that,
if addressed, could make a significant contribution to the
economy of the United States.
(7) Assess whether the capital, technical, and other
resources being allocated to manufacturing are likely to
generate new technologies, are adequate to meet private and
social demands for goods and services, and are sufficient to
promote productivity and economic growth.
(8) Propose studies and policy experiments, in cooperation
with agencies, to determine the effectiveness of measures with
the potential of advancing United States technological
innovation in manufacturing.
(9) Encourage the creation of joint initiatives by State
and local governments, regional organizations, private
businesses, institutions of higher education, nonprofit
organizations, or Federal laboratories to encourage technology
transfer, to stimulate innovation, and to promote an
appropriate climate for investment in manufacturing-related
industries.
(10) Propose manufacturing-related cooperative research
involving appropriate Federal entities, State or local
governments, regional organizations, institutions of higher
education, nonprofit organizations, or private industry to
promote the common use of resources, to improve training
programs and curricula, to stimulate interest in high
technology manufacturing careers, and to encourage the
effective dissemination of manufacturing technology skills
within the wider community.
(11) Serve as a focal point for discussions among companies
that manufacture in the United States on topics of interest to
the manufacturing industry and workforce, including discussions
regarding emerging and advanced technologies.
(12) Promote Government measures, including legislation,
regulation, and policies with the potential of advancing United
States technological innovation in manufacturing and exploiting
manufacturing innovations of foreign origin.
(13) Develop strategies and policies that would encourage
manufacturing enterprises to maintain production facilities and
retain manufacturing jobs in the United States and use
manufacturing supply chains based in the United States.
(14) Support communities negatively impacted by the closure
or relocation of manufacturing facilities by promoting efforts
to revitalize communities for new manufacturing enterprises.
(15) Assist States in their economic development plans for
manufacturing and in their efforts to relocate manufacturing
facilities within the United States rather than moving
manufacturing outside of the United States.
(16) Promote the goals of Network for Manufacturing
Innovation Program established under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(17) Encourage participation of public and private
organizations, State educational agencies, and institutions of
higher education in the annual celebration of National
Manufacturing Day to enhance the public perception of
manufacturing.
(18) Any other function and activity assigned by the
President.
(d) National Manufacturing Strategy.--The national manufacturing
strategy shall contain a summary of the current state of manufacturing
in the Federal Government and comprehensive strategies for--
(1) innovation policies and initiatives and investments in
research and development;
(2) identifying and addressing the anticipated workforce
needs of the manufacturing sector;
(3) strengthening education and the required training and
certifications for manufacturing;
(4) creating training and appropriate career paths to
manufacturing jobs for qualified veterans and others that have
become unemployed;
(5) promoting the development of quality control and other
technical standards;
(6) maintaining reliable physical and telecommunications
infrastructure, and the required investments in infrastructure
projects as needed for manufacturing;
(7) analyzing the status of manufacturing technology needs
in the industrial sector and providing recommendations for
economic and labor force expansions;
(8) monitoring technology directions and analyzing
strengths, weaknesses, threats, and opportunities in the United
States manufacturing sector;
(9) implementing appropriate tax incentives and credits to
assist manufacturing enterprises improve their competitiveness;
(10) recommending Federal and State regulations to reduce
cost of manufacturing and improve productivity;
(11) promoting the export of United States manufactured
goods and enforcement of fair trading rules;
(12) developing plans to strengthen the manufacturing
ecosystems that would continuously foster the growth of
advanced manufacturing;
(13) identifying other forms of assistance to companies
that manufacture in the United States to successfully compete
in global markets;
(14) coordinating the United States national manufacturing
strategy with manufacturing strategy from each State to ensure
a well-integrated national strategy; and
(15) such other issues determined to be necessary by the
President.
(e) Reports.--Not later than 24 months after the date of the
enactment of this Act, every 24 months thereafter, and upon request by
the President or the Congress for an updated or interim report, the
United States Chief Manufacturing Officer, in consultation with the
Director of the Office of Management and Budget, shall submit to the
President and Congress a report on the national manufacturing strategy
described in subsection (d). The report shall address strategies to
promote innovation and investment in domestic manufacturing, support
the development of a skilled and diverse manufacturing workforce,
promote equitable trade policies, expand exports of manufactured goods,
enable global competitiveness, encourage sustainability, and support
national security.
(f) Conforming Amendment.--Section 102 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6622) is amended by adding at
the end the following new subsection:
``(d) Chair.--The Chair of the Committee shall be the United States
Chief Manufacturing Officer.''.
(g) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described under
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(h) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out this Act. This Act shall be
carried out using amounts otherwise made available for such purposes. | Chief Manufacturing Officer Act This bill expresses the sense of Congress that a well-designed national manufacturing strategy would benefit the U.S. economy. The President shall appoint a United States Chief Manufacturing Officer whose primary duty is to develop the national manufacturing strategy using the criteria set forth in this bill. The bill amends the America COMPETES Reauthorization Act of 2010 to designate the United States Chief Manufacturing Officer as the chair of the Committee on Technology under the National Science and Technology Council. | {"src": "billsum_train", "title": "Chief Manufacturing Officer Act"} | 2,176 | 106 | 0.507586 | 1.376456 | 0.476936 | 3.784091 | 25.068182 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Riayan Tejeda Memorial Act of
2003''.
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN COMBAT ZONE
DURING OPERATION IRAQI FREEDOM.
(a) In General.--An alien described in subsection (b) may be
naturalized without regard to the requirements of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) if the alien--
(1) files an application for naturalization in accordance
such procedures to carry out this section as may be established
by regulation by the Secretary of Homeland Security; and
(2) takes the oath required by section 337 of such Act (8
U.S.C. 1448) in accordance with such procedures.
(b) Aliens Described.--An alien described in this subsection is an
alien who--
(1) while an alien or noncitizen national of the United
States, served honorably for any period of time in the Army,
Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom; and
(2) if separated from such service, was never separated
except under honorable conditions.
(c) Prohibition on Imposition of Fees Relating to Naturalization.--
Notwithstanding any other provision of law, no fee shall be charged or
collected from an applicant under this section for filing an
application for naturalization or for the issuance of a certificate of
naturalization upon citizenship being granted to the applicant, and no
clerk of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be made,
in which case nothing more than the portion of the fee required to be
paid to the State shall be charged or collected.
(d) Naturalization Proceedings Overseas for Members of the Armed
Forces.--Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under this section are available
through United States embassies, consulates, and as practicable, United
States military installations overseas.
SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the Coast
Guard or Coast Guard Reserve, in a combat zone designated in
connection with Operation Iraqi Freedom and died as a result of
injury or disease incurred in or aggravated by that service,
the alien (and each child of the alien) shall be considered,
for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death, but
only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date and
only until the date the alien remarries. For purposes of such
section 204(a)(1)(A)(ii), an alien granted relief under the
preceding sentence shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i) of
such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen served honorably
for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the
Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom
and died as a result of injury or disease incurred in
or aggravated by that service, the alien shall be
considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air
Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat
zone designated in connection with Operation Iraqi
Freedom and died as a result of injury or disease
incurred in or aggravated by that service, the alien
shall be considered, for purposes of section 201(b) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)),
to remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) Exception.--Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A) does
not have to be 21 years of age for a parent to benefit
under this paragraph.
(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in paragraph
(2)(B), may have such application adjudicated as if such death
had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien
described in paragraph (3) who is included in a
petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the spouse
or child has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner
for immediate relative status under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall
be eligible for deferred action, advance parole, and
work authorization.
(B) Petitions.--An alien spouse or child described
in subparagraph (A) may file a petition with the
Secretary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant may
file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a
petition within 2 years after such date. For purposes of such
Act, such petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such
parent shall be eligible for deferred action, advance parole,
and work authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the grounds for inadmissibility specified in paragraphs
(4), (6), (7), and (9) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(g) Inapplicability of Prohibition on Benefits to Survivors.--
Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 1440-
1) shall not apply to the benefits granted under this Act to relatives
of a person granted posthumous citizenship by reason of service in the
Army, Navy, Air Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat zone designated
in connection with Operation Iraqi Freedom.
(h) Naturalization of Survivors.--Any person who is the surviving
spouse, child, or parent of a United States citizen, whose citizen
spouse, parent, or child dies during a period of honorable service in
the Army, Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom, and who, in the
case of a surviving spouse, was living in marital union with the
citizen spouse at the time of death, may be naturalized upon compliance
with all the requirements of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) except that no prior residence
or specified physical presence within the United States, or within a
State or a district of the Service in the United States shall be
required.
SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS.
In processing applications for naturalization, the Secretary of
Homeland Security shall give priority to--
(1) applications filed under section 2 of this Act; and
(2) applications filed under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) for naturalization
of a parent, spouse, or child of a person who has served
honorably in the Army, Navy, Air Force, Marine Corps (including
reserve components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom. | Riayan Tejeda Memorial Act of 2003 - Authorizes naturalization without regard to specified Immigration and Nationality Act requirements for an alien or noncitizen national of the United States who: (1) served honorably in a combat zone in connection with Operation Iraqi Freedom; and (2) if separated from such service, was not separated except under honorable conditions. Prohibits imposition of any Federal or State naturalization fee.
Provides for overseas naturalization proceedings for members of the armed forces.
Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably in such combat zone. (Requires petition filing within two years of such death.)
States that an application for status adjustment by the alien wife, child, or parent of an alien member of the armed forces who was granted service-related posthumous citizenship based upon service in such zone may be adjudicated as if the death had not occurred. (Requires application filing prior to such death.)
Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship based upon service in such zone as a valid petitioner for immediate relative status. (Requires self-petitions within two years of such death.)
Permits such aliens to apply for permanent resident status adjustment.
Waives specified grounds of inadmissibility.
Gives priority to naturalization applications as set forth in this Act. | {"src": "billsum_train", "title": "To provide for naturalization through service in a combat zone designated in connection with Operation Iraqi Freedom, and for other purposes."} | 3,408 | 337 | 0.615565 | 1.887314 | 0.81522 | 3.010949 | 10.29927 | 0.894161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Employee Wellness
Programs Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has a strong tradition of protecting and
preserving employee workplace wellness programs, including
programs that utilize a health risk assessment, biometric
screening, or other resources to inform and empower employees
in making healthier lifestyle choices;
(2) health promotion and prevention programs are a means to
reduce the burden of chronic illness, improve health, and limit
the growth of health care costs;
(3) in enacting the Patient Protection and Affordable Care
Act (Public Law 111-148), Congress intended that employers
would be permitted to implement health promotion and prevention
programs that provide incentives, rewards, rebates, surcharges,
penalties, or other inducements related to wellness programs,
including rewards of up to 50 percent off of insurance premiums
for employees participating in programs designed to encourage
healthier lifestyle choices; and
(4) Congress has struck an appropriate balance among
employees, health care providers, and wellness plan sponsors to
protect individual privacy and confidentiality in a wellness
program which is designed to improve health outcomes.
SEC. 3. NONDISCRIMINATORY WORKPLACE WELLNESS PROGRAMS.
(a) Uniformity Across Federal Agencies.--
(1) Programs offered in conjunction with an employer-
sponsored health plan.--
(A) In general.--Notwithstanding any other
provision of law, a workplace wellness program and any
program of health promotion or disease prevention
offered by an employer in conjunction with an employer-
sponsored health plan that complies with section
2705(j) of the Public Health Service Act (42 U.S.C.
300gg-4(j)) (and any regulations promulgated with
respect to such section by the Secretary of Labor, the
Secretary of Health and Human Services, or the
Secretary of the Treasury) shall be considered to be in
compliance with the following provisions (to the extent
such programs are subject to the Acts described in such
provisions):
(i) the acceptable examinations and
inquiries set forth in section 102(d)(4)(B) of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health
Service Act (42 U.S.C. 300gg-4(d)); and
(iii) section 202(b)(2) of the Genetic
Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1(b)(2)).
(B) Safe harbor.--Notwithstanding any other
provision of law, section 501(c)(2) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2))
shall apply to any workplace wellness program or
program of health promotion or disease prevention
offered by an employer in conjunction with an employer-
sponsored health plan.
(2) Other programs offering more favorable treatment for
adverse health factors.--Notwithstanding any other provision of
law, a workplace wellness program and a program of health
promotion or disease prevention offered by an employer that
provides for more favorable treatment of individuals with
adverse health factors as described in section 146.121(g) of
title 45, Code of Federal Regulations (or any successor
regulations) shall be considered to be in compliance with--
(A) the acceptable examinations and inquiries set
forth in section 102(d)(4)(B) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
(B) section 2705(d) of the Public Health Service
Act (42 U.S.C. 300gg-4(d)); and
(C) section 202(b)(2) of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-
1(b)(2)).
(3) Programs not offered in conjunction with an employer-
sponsored health plan.--
(A) In general.--Notwithstanding any other
provision of law, a workplace wellness program and any
program of health promotion or disease prevention
offered by an employer that are not offered in
conjunction with an employer-sponsored health plan that
is not described in section 2705(j) of the Public
Health Service Act (42 U.S.C. 300gg-4(j)) that meet the
requirement set forth in subparagraph (B) shall be
considered to be in compliance with--
(i) the acceptable examinations and
inquiries as set forth in section 102(d)(4)(B)
of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health
Service Act (42 U.S.C. 300gg-4(d)); and
(iii) section 202(b)(2) of the Genetic
Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1(b)(2)).
(B) Limitation on rewards.--The requirement
referenced in subparagraph (A) is that any reward
provided or offered by a program described in such
subparagraph shall be less than or equal to the maximum
reward amounts provided for by section 2705(j)(3)(A) of
the Public Health Service Act (42 U.S.C. 300gg-
4(j)(3)(A)), and any regulations promulgated with
respect to such section by the Secretary of Labor, the
Secretary of Health and Human Services, or the
Secretary of the Treasury.
(b) Collection of Information.--Notwithstanding any other provision
of law, the collection of information about the manifested disease or
disorder of a family member shall not be considered an unlawful
acquisition of genetic information with respect to another family
member as part of a workplace wellness program described in subsection
(a) offered by an employer (or in conjunction with an employer-
sponsored health plan described in section 2705(j) of the Public Health
Service Act (42 U.S.C. 300gg-4(j))) and shall not violate title I or
title II of the Genetic Information Nondiscrimination Act of 2008
(Public Law 110-233). For purposes of the preceding sentence, the term
``family member''has the meaning given such term in section 201 of the
Genetic Information Nondiscrimination Act (Public Law 110-233).
(c) Rule of Construction.--Nothing in subsection (a)(1)(A) shall be
construed to prevent an employer that is offering a wellness program to
an employee from requiring such employee, within 45 days from the date
the employee first has an opportunity to earn a reward, to request a
reasonable alternative standard (or waiver of the otherwise applicable
standard). Nothing in subsection (a)(1)(A) shall be construed to
prevent an employer from imposing a reasonable time period, based upon
all the facts and circumstances, during which the employee must
complete the reasonable alternative standard. Such a reasonable
alternative standard (or waiver of the otherwise applicable standard)
is provided for in section 2705(j)(3)(D) of the Public Health Service
Act (42 U.S.C. 300 gg-4(j)(3)(D)) (and any regulations promulgated with
respect to such section by the Secretary of Labor, the Secretary of
Health and Human Services, or the Secretary of the Treasury). | Preserving Employee Wellness Programs Act (Sec. 3) This bill exempts workplace wellness programs from: (1) limitations under the Americans with Disabilities Act of 1990 on medical examinations and inquiries of employees, (2) the prohibition on collecting genetic information in connection with issuing health insurance, and (3) limitations under the Genetic Information Nondiscrimination Act of 2008 on collecting the genetic information of employees or family members of employees. This exemption applies to workplace wellness programs that comply with limits on rewards for employees participating in the program. Workplace wellness programs may provide for more favorable treatment of individuals with adverse health factors, such as a disability. Collection of information about a disease or disorder of a family member as part of a workplace wellness program is not an unlawful acquisition of genetic information about another family member. | {"src": "billsum_train", "title": "Preserving Employee Wellness Programs Act"} | 1,611 | 168 | 0.538854 | 1.470697 | 0.727369 | 2.875817 | 8.718954 | 0.875817 |
TITLE I_AMENDMENTS TO NATIONAL FISH AND WILDLIFE FOUNDATION
ESTABLISHMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Fish and Wildlife
Foundation Improvement Act of 1994''.
SEC. 102. COOPERATIVE PROGRAMS WITH NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701) is amended by inserting ``and the
National Oceanic and Atmospheric Administration'' after ``the United
States Fish and Wildlife Service''.
SEC. 103. MEMBERSHIP OF BOARD OF DIRECTORS OF FOUNDATION.
(a) Consultations Regarding Appointments._
(1) In general._Section 3(b) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3702(b)) is amended by
adding at the end the following: ``The Secretary of the Interior
shall consult with the Under Secretary of Commerce for Oceans and
Atmosphere before appointing any Director of the Board.''.
(2) Application._The amendment made by paragraph (1) shall
apply to appointments of Directors of the Board of Directors of the
National Fish and Wildlife Foundation made after the date of the
enactment of this Act.
(b) Expansion of Board._Section 3(a) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702(a)) is amended_
(1) in the matter preceding paragraph (1) by striking ``nine''
and inserting ``15''; and
(2) in paragraph (2) by striking ``three'' and inserting ``4''.
(c) Initial Terms._Of the Directors on the Board of Directors of
the National Fish and Wildlife Foundation first appointed pursuant to
the amendment made by subsection (b)(1), notwithstanding the second
sentence of section 3(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3702(b))_
(1) 2 shall be appointed to a term of 2 years;
(2) 2 shall be appointed to a term of 4 years; and
(3) 2 shall be appointed to a term of 6 years;
as specified by the Secretary of the Interior at the time of
appointment.
(d) Completion of Appointments._The Secretary of the Interior shall
appoint the additional members of the Board of Directors of the
National Fish and Wildlife Foundation authorized by the amendment made
by subsection (a), by not later than 60 days after the date of the
enactment of this Act.
(e) Authority of Board Not Affected._The authority of the Board of
Directors of the National Fish and Wildlife Foundation to take any
action otherwise authorized by law shall not be affected by reason of
the Secretary of the Interior not having completed the appointment of
Directors of the Board of Directors of the National Fish and Wildlife
Foundation pursuant to the amendment made by subsection (b)(1).
SEC. 104. REAUTHORIZATION OF NATIONAL FISH AND WILDLIFE FOUNDATION
ESTABLISHMENT ACT.
(a) Reauthorization._Section 10 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3709) is amended_
(1) in subsection (a) by striking ``not to exceed $15,000,000''
and all that follows through the end of the sentence and inserting
``$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and
1998.''; and
(2) by adding at the end the following:
``(c) Additional Authorization._The amounts authorized to be
appropriated under this section are in addition to any amounts provided
or available to the Foundation under any other Federal law.''.
(b) Clerical Amendment._Section 10(b)(1) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(1)) is amended
by striking ``paragraphs (2) and (3),'' and inserting ``paragraph
(2),''.
SEC. 105. CONVEYANCE OF SENECAVILLE NATIONAL FISH HATCHERY.
(a) Conveyance Authorized._Notwithstanding any other provision of
law and within 180 days after the date of the enactment of this Act,
the Secretary of the Interior shall convey to the State of Ohio without
reimbursement all right, title, and interest of the United States in
and to the property known as the Senecaville National Fish Hatchery,
located in Senecaville, Ohio, including_
(1) all easements and water rights relating to that property,
and
(2) all land, improvements, and related personal property
comprising that hatchery.
(b) Use of Property._All property and interests conveyed under this
section shall be used by the Ohio Department of Natural Resources for
the Ohio fishery resources management program.
(c) Reversionary Interest._All right, title, and interest in and to
all property and interests conveyed under this section shall revert to
the United States on any date on which any of the property or interests
are used other than for the Ohio fishery resources management program.
TITLE II_BROWNSVILLE WETLANDS POLICY CENTER
SEC. 201. SHORT TITLE.
This title may be cited as the ``Brownsville Wetlands Policy Act of
1994''.
SEC. 202. ESTABLISHMENT OF WETLANDS POLICY CENTER AT THE PORT OF
BROWNSVILLE, TEXAS.
(a) Establishment of Center._For purposes of utilizing grants made
by the United States Fish and Wildlife Service there may be established
in accordance with this title, on property owned or held in trust by
the Brownsville Navigation District at the Port of Brownsville, Texas,
a wetlands policy center which shall be known as the ``Brownsville
Wetlands Policy Center at the Port of Brownsville, Texas'' (in this
title referred to as the ``Center''). The Center shall be operated and
maintained by the Port of Brownsville with programs to be administered
by the University of Texas at Brownsville.
(b) Mission of the Center._The primary mission of the Center shall
be to utilize the unique wetlands property at the Port of Brownsville
and adjacent waters of South Texas to focus on wetland matters for the
purposes of protecting, restoring, and maintaining the Lagoon
Ecosystems of the Western Gulf of Mexico Region.
(c) Board of Directors._The Center shall be governed by a Board of
Directors to oversee the management and financial affairs of the
Center. The Board of Directors shall be cochaired by the Port of
Brownsville, the University of Texas at Brownsville, and the designee
of the Director of the Fish and Wildlife Service, and shall include as
members other representatives considered appropriate by those cochairs.
(d) Oversight of the Center._
(1) Annual report._The Board of Directors of the Center shall
prepare an annual report and submit it through the Director of the
United States Fish and Wildlife Service to the Congress.
(2) Contents._Annual reports under this subsection shall cover
the programs, projects, activities, and accomplishments of the
Center. The reports shall include a review of the budget of the
Center, including all sources of funding received to carry out
Center operations.
(3) Availability of information._The Board of Directors of the
Center shall make available all pertinent information and records
to allow preparation of annual reports under this subsection.
(4) General accounting office._The Comptroller General of the
United States shall periodically submit to the Congress reports on
the operations of the Center.
SEC. 203. GRANTS.
The Director of the United States Fish and Wildlife Service shall,
subject to the availability of appropriations, make grants to the
Center for use for carrying out activities of the Center.
SEC. 204. LEASE.
The Director of the United States Fish and Wildlife Service,
subject to the availability of appropriations, may enter into a long-
term lease with the Port of Brownsville for use by the Center of
wetlands property owned by the Port of Brownsville. Terms of the lease
shall be negotiated, and the lease shall be signed by both parties,
prior to the disposal of any Federal funds pursuant to this title. The
lease shall include a provision authorizing the Director to terminate
the lease at any time.
SEC. 205. OTHER REQUIREMENTS.
As conditions of receiving assistance under this title_
(1) the University of Texas at Brownsville shall make available
to the Center for fiscal years 1994, 1995, 1996, and 1997_
(A) administrative office space;
(B) classroom space; and
(C) other in-kind contributions for the Center, including
overhead and personnel; and
(2) the Port of Brownsville shall make available up to 7,000
acres of Port Property for the programs, projects, and activities
of the Center.
The Board of Directors of the Center shall include in their annual
report under section 202(d) a statement of whether these conditions
have been met.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of the
United States Fish and Wildlife Service $5,000,000 for fiscal year
1994, $4,000,000 for fiscal year 1995, $4,000,000 for fiscal year 1996;
and such sums as may be necessary for fiscal year 1997, for making
grants to the Center under section 203, including for use for the
establishment, operation, maintenance, and management of the Center.
SEC. 207. RELATIONSHIP OF CENTER WITH THE CENTER FOR ENVIRONMENTAL
STUDIES AND SERVICES, CORPUS CHRISTI, TEXAS.
None of the funds appropriated pursuant to this title may be used
to relocate any of the administrative operations of the United States
Fish and Wildlife Service from the Center for Environmental Studies and
Services Building on the campus of Corpus Christi State University, to
the Brownsville Wetlands Policy Center at the Port of Brownsville,
Texas, established pursuant to this title.
TITLE III_WALTER B. JONES CENTER FOR THE SOUNDS AT THE POCOSIN LAKES
NATIONAL WILDLIFE REFUGE
SEC. 301. FINDINGS.
The Congress finds the following:
(1) The Pocosin Lakes National Wildlife Refuge, located in
northeastern North Carolina, provides unique opportunities for
observing and interpreting the biological richness of the region's
estuaries and wetlands.
(2) Although there are 10 national wildlife refuges in eastern
North Carolina, not one has an educational or interpretative center
for visitors.
(3) The State of North Carolina, Tyrrell County, the town of
Columbia, the Conservation Fund, and private citizens have proposed
to enter into a partnership with the United States Fish and
Wildlife Service to establish an educational and interpretative
facility to be known as the Center for the Sounds.
(4) Establishment of the Center for the Sounds would bestow
economic benefits upon Tyrrell County and the town of Columbia.
(5) The Federal Government has designated the Albemarle-Pamlico
estuary system of northeastern North Carolina as an estuary of
national concern.
(6) Throughout his congressional career, the Honorable Walter
B. Jones was a strong supporter of the National Wildlife Refuge
System.
(7) During his years of service in the House of
Representatives, Walter B. Jones supported the establishment and
expansion of National Wildlife Refuges in eastern North Carolina;
these include 6 new National Wildlife Refuges established in his
district, including the Alligator River National Wildlife Refuge
and the Pocosin Lakes National Wildlife Refuge, which are
respectively the third largest and fifth largest National Wildlife
Refuges east of the Mississippi River.
(8) Walter B. Jones helped increase refuge acreage in his
district by over 303,000 acres, thus ensuring the protection of
these lands for wildlife habitat and public recreation.
(9) Walter B. Jones' support for reintroducing endangered red
wolves into the wild at Alligator River National Wildlife Refuge
was a major factor in securing public acceptance of, and support
for, this first successful effort to reintroduce endangered
predators into formerly occupied habitat.
(10) Walter B. Jones devoted much of his congressional career,
including his years as Chairman of the Merchant Marine and
Fisheries Committee, to the conservation of fish and wildlife, for
the benefit of the Nation and the people of North Carolina.
(11) Walter B. Jones should most appropriately be recognized
for his work on behalf of fish and wildlife conservation by having
the Center for the Sounds at the Pocosin Lakes National Wildlife
Refuge System named in his honor.
SEC. 302. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY.
The Secretary of the Interior may, subject to the availability of
appropriations, construct and operate a facility at the Pocosin Lakes
National Wildlife Refuge in Tyrrell County, North Carolina, which shall
be known as the ``Walter B. Jones Center for the Sounds'', for the
following purposes:
(1) Providing public opportunities, facilities, and resources
to study the natural history and natural resources of northeastern
North Carolina.
(2) Offering a variety of environmental educational programs
and interpretive exhibits.
(3) Fostering an awareness and understanding of the
interactions among wildlife, estuarine and wetland ecosystems, and
human activities.
(4) Providing office space and facilities for refuge
administration, research, education, and related activities.
SEC. 303. DESIGN.
The Secretary of the Interior shall ensure that the design, size,
and location of a facility constructed under this title are consistent
with the cultural and natural history of the area with which the
facility will be concerned.
SEC. 304. COST SHARING.
The Secretary of the Interior may accept contributions of funds
from non-Federal sources to pay the costs of operating and maintaining
the facility authorized under this title, and shall take appropriate
steps to seek to obtain such contributions.
SEC. 305. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of the Interior shall submit a report to the
Congress on progress made in designing and constructing a facility
under this title, including steps taken under section 304 to obtain
contributions and any such contributions that have been pledged to or
received by the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Amendments to National Fish and Wildlife Foundation
Establishment Act
Title II: Brownsville Wetlands Policy Center
Title III: Walter B. Jones Center for the Sounds at the
Pocosin Lakes National Wildlife Refuge
Title I: Amendments to National Fish and Wildlife Foundation Establishment Act
- National Fish and Wildlife Foundation Improvement Act of 1994 - Amends the National Fish and Wildlife Foundation Establishment Act to: (1) allow private funds donated to the National Fish and Wildlife Foundation to be utilized for activities and services of the National Oceanic and Atmospheric Administration; (2) require the Secretary of the Interior to consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board for the foundation; (3) expand Board membership and revise appointment and term provisions; and (4) reauthorize appropriations for such Act through FY 1998.
Authorizes the Secretary to convey to Ohio the Senecaville National Fish Hatchery in Senecaville, Ohio, for use in its fishery resources management program.
Title II: Brownsville Wetlands Policy Center
- Brownsville Wetlands Policy Act of 1994 - Establishes at the Port of Brownsville, Texas, the Brownsville Wetlands Policy Center to use the wetlands property at the Port and adjacent waters of south Texas to focus on wetland matters for the purpose of protecting, restoring, and maintaining the lagoon ecosystems of the western Gulf of Mexico region.
Establishes a Board of Directors and provides for Center oversight. Requires the Director of the U.S. Fish and Wildlife Service to make grants for center activities. Authorizes the Director to enter into a lease with the Port for Center use of wetlands property.
Authorizes appropriations through FY 1997. Prohibits such funds from being used to relocate operations from the Center for Environmental Studies and Services Building on the campus of Corpus Christi State University, Texas, to the Center.
Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge
- Authorizes the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, to: (1) provide public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina; (2) offer a variety of environmental educational programs and interpretive exhibits; (3) foster an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities; and (4) provide office space and facilities for refuge administration, research, education, and related activities.
Directs the Secretary to ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned.
Authorizes the Secretary to accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility. Directs the Secretary to take appropriate steps to obtain such contributions.
Sets forth reporting requirements. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Improvement Act of 1994"} | 3,176 | 669 | 0.4791 | 1.702008 | 0.578795 | 4.793162 | 4.813675 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Adjustment and Income Revenue
for Social Security Act'' or the ``FAIR Social Security Act''.
SEC. 2. REPEAL OF CAP ON COMPENSATION SUBJECT TO FEDERAL INSURANCE
CONTRIBUTIONS ACT.
(a) Wages.--Section 3121(a) of the Internal Revenue Code of 1986 is
amended by striking paragraph (1).
(b) Self-Employment Income.--The first sentence of section 1402(b)
of the Internal Revenue Code of 1986 is amended by striking ``include--
'' and all that follows and inserting ``include the net earnings from
self-employment if such net earnings for the taxable year are less than
$400.''.
(c) Conforming Amendments.--
(1) Section 6413(c) of the Internal Revenue Code of 1986 is
amended--
(A) by striking paragraph (1), and
(B) in paragraph (2)(A) by striking ``, not to
exceed an amount equal to the contribution and benefit
base (as determined under section 230 of the Social
Security Act) for any calendar year with respect to
which such contribution and benefit base is
effective,''.
(2) Section 3122 of the Internal Revenue Code of 1986 is
amended by striking ``The person making such return may, for
convenience of administration, make payments of the tax imposed
under section 3111 with respect to such service without regard
to the contribution and benefit base limitation in section
3121(a)(1), and he shall not be required to obtain a refund of
the tax paid under section 3111 on that part of the
remuneration not included in wages by reason of section
3121(a)(1).''.
(3) Section 3125 of the Internal Revenue Code of 1986 is
amended by striking ``without regard to the contribution and
benefit base limitation in section 3121(a)(1)'' each place it
appears.
(4) Section 3231(e)(2)(C) of the Internal Revenue Code of
1986 is amended by inserting ``(as in effect on the date of the
enactment of the Fair Adjustment and Income Revenue for Social
Security Act'' after ``employers)''.
(5) Section 3511(b) of the Internal Revenue Code of 1986 is
amended by striking ``3121(a)(1), 3231(e)(2)(C),'' and
inserting ``3231(e)(2)(C)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to remuneration received, and taxable years
beginning, after December 31, 2015.
SEC. 3. REALLOCATION OF PAYROLL TAX REVENUE.
(a) Allocation of 2016 Payroll Tax Revenue.--With respect to that
portion of wages (as defined in section 3121 of the Internal Revenue
Code of 1986) paid during calendar year 2016 that would not be
considered wages but for the amendment made by section 2(a), and with
respect to that portion of self-employment income (as defined in
section 1402 of the Internal Revenue Code of 1986) reported for any
taxable year beginning during such calendar year that would not be
considered self-employment income but for the amendment made by section
2(b), paragraphs (1)(R) and (2)(R) of section 201(b) of the Social
Security Act (42 U.S.C. 401(b)) shall each be applied by substituting
``12.40 per centum'' for ``1.80 per centum''.
(b) Wages.--Section 201(b)(1) of the Social Security Act (42 U.S.C.
401(b)(1)) is amended by striking ``and (R) 1.80 per centum of the
wages (as so defined) paid after December 31, 1999, and so reported''
and inserting ``(R) 1.80 per centum of the wages (as so defined) paid
after December 31, 1999, and before January 1, 2033, and so reported,
(S) 1.60 per centum of the wages (as so defined) paid after December
31, 2032, and before January 1, 2050, and so reported, and (T) 1.80 per
centum of the wages (as so defined) paid after December 31, 2049, and
so reported''.
(c) Self-Employment Income.--Section 201(b)(2) of such Act (42
U.S.C. 401(b)(2)) is amended by striking ``and (R) 1.80 per centum of
the amount of self-employment income (as so defined) so reported for
any taxable year beginning after December 31, 1999'' and inserting
``(R) 1.80 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December 31,
1999, and before January 1, 2033, (S) 1.60 per centum of the amount of
self-employment income (as so defined) so reported for any taxable year
beginning after December 31, 2032, and before January 1, 2050, (T) 1.80
per centum of the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31, 2049''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to wages paid after December 31, 2015, and self-
employment income for taxable years beginning after such date.
SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) Publication.--
(1) In general.--The Bureau of Labor Statistics of the
Department of Labor shall prepare and publish an index for each
calendar month to be known as the ``Consumer Price Index for
Elderly Consumers'' that indicates changes over time in
expenditures for consumption which are typical for individuals
in the United States who are 62 years of age or older.
(2) Effective date.--Subsection (a) shall apply with
respect to calendar months ending on or after July 31 of the
calendar year following the calendar year in which this Act is
enacted.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
provisions of this section.
(b) Computation of Cost-of-Living Increases.--
(1) Amendments to title ii.--
(A) In general.--Section 215(i)(1) of the Social
Security Act (42 U.S.C. 415(i)(1)) is amended by adding
at the end the following new subparagraph:
``(H) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(B) Application to pre-1979 law.--
(i) In general.--Section 215(i)(1) of the
Social Security Act as in effect in December
1978, and as applied in certain cases under the
provisions of such Act as in effect after
December 1978, is amended by adding at the end
the following new subparagraph:
``(D) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(ii) Conforming change.--Section 215(i)(4)
of the Social Security Act (42 U.S.C.
415(i)(4)) is amended by inserting ``and by
section 4 of the Fair Adjustment and Income
Revenue for Social Security Act'' after
``1986''.
(C) Effective date.--The amendments made by
subparagraphs (A) and (B) shall apply to determinations
made with respect to cost-of-living computation
quarters ending on or after September 30 of the second
calendar year following the calendar year in which this
Act is enacted.
(2) Amendments to title xviii.--
(A) In general.--Title XVIII of such Act (42 U.S.C.
1395 et seq.) is amended--
(i) in section 1814(i)(2)(B) (42 U.S.C.
1395f(i)(2)(B)), by inserting ``(i) for
accounting years ending before October 1 of the
second calendar year following the calendar
year in which the Fair Adjustment and Income
Revenue for Social Security Act was enacted,''
after ``for a year is'', and by inserting after
``fifth month of the accounting year'' the
following: ``, and (ii) for accounting years
ending after October 1 of such calendar year,
the cap amount determined under clause (i) for
the last accounting year referred to in such
clause, increased or decreased by the same
percentage as the percentage increase or
decrease, respectively, in the medical care
expenditure category (or corresponding
category) of the Consumer Price Index for
Elderly Consumers, published by the Bureau of
Labor Statistics, from March of such calendar
year to the fifth month of the accounting
year'';
(ii) in section 1821(c)(2)(C)(ii)(II) (42
U.S.C. 1395i-5(c)(2)(C)(ii)(II)), by striking
``consumer price index for all urban consumers
(all items; United States city average)'' and
inserting ``Consumer Price Index for Elderly
Consumers'';
(iii) in section 1833(h)(2)(A)(i) (42
U.S.C. 1395l(h)(2)(A)(i)) by striking
``Consumer Price Index for All Urban Consumers
(United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(iv) in section 1833(i)(2)(C)(i) (42 U.S.C.
1395l(i)(2)(C)(i)), by striking ``Consumer
Price Index for all urban consumers (U.S. city
average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(v) in section 1834(a)(14)(L) (42 U.S.C.
1395m(a)(14)(L)), by striking ``consumer price
index for all urban consumers (U.S. urban
average)'' and inserting ``applicable consumer
price index'';
(vi) in section 1834(h)(4)(A)(xi)(I) (42
U.S.C. 1395m(h)(4)(A)(xi)(I)), by striking
``consumer price index for all urban consumers
(United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(vii) in section 1834(l)(3)(B) (42 U.S.C.
1395m(l)(3)(B)), by striking ``consumer price
index for all urban consumers (U.S. city
average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(viii) in section 1839(i)(5)(A)(ii) (42
U.S.C. 1395r(i)(5)(A)(ii)), by striking
``Consumer Price Index (United States city
average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(ix) in section 1842(s)(1)(B)(ii)(I) (42
U.S.C. 1395u(s)(1)(B)(ii)(I)), by striking
``consumer price index for all urban consumers
(United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(x) in each of subparagraphs (D)(ii) and
(E)(i)(II) of section 1860D-14(a)(3) (42 U.S.C.
1395w-114(a)(3)) and in section 1860D-
14(a)(4)(A)(ii) (42 U.S.C. 1395w-
114(a)(4)(A)(ii)), by striking ``consumer price
index (all items; U.S. city average)'' and
inserting ``Consumer Price Index for Elderly
Consumers'';
(xi) in section 1882(p)(11)(C)(ii) (42
U.S.C. 1395ss(p)(11)(C)(ii)), by striking
``Consumer Price Index for all urban consumers
(all items; U.S. city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(xii) in each of clauses (iv) and (vi)(II)
of section 1886(h)(2)(E) (42 U.S.C.
1395ww(h)(2)(E)), by striking ``for all urban
consumers''; and
(xiii) in section 1886(h)(5)(B) (42 U.S.C.
1395ww(h)(5)(B)), by striking ``Consumer Price
Index for All Urban Consumers (United States
city average)'' and inserting ``Consumer Price
Index for Elderly Consumers''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply with respect to
determinations made for periods ending after December
31 of the second calendar year following the calendar
year in which this Act was enacted. | Fair Adjustment and Income Revenue for Social Security Act or the FAIR Social Security Act This bill repeals the cap on the amount of income ($118,500 in 2015) that is subject to the employment or self-employment tax for funding social security benefits. The bill also reallocates employment and self-employment tax revenues to increase Social Security Trust Fund solvency. The Bureau of Labor Statistics of the Department of Labor must prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes in expenditures for consumption that are typical for individuals who are 62 years of age or older. This Index will be used to adjust benefit amounts under the Old Age, Survivors, and Disability Insurance program and Medicare. | {"src": "billsum_train", "title": "FAIR Social Security Act"} | 3,145 | 156 | 0.407231 | 1.12411 | 0.576487 | 3.258741 | 16.748252 | 0.839161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Divide Elimination Act of
2000''.
SEC. 2. CREDIT FOR PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. PURCHASE OF COMPUTERS BY LOW-INCOME INDIVIDUALS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to 50 percent of the amount paid
by the taxpayer for qualified computer technology or equipment.
``(b) Dollar Limitation.--The credit allowed by subsection (a) for
any taxable year shall not exceed $500.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any taxpayer who is allowed a credit under section 32
(relating to earned income credit) for the taxable year.
``(2) Qualified computer technology or equipment.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified computer
technology or equipment' means any computer technology
or equipment (as defined in section 170(e)(6)) acquired
by purchase (as defined in section 170(d)(2)).
``(B) Exceptions.--
``(i) Certain software excluded.--Such term
shall not include game software or any other
software which is not necessary for--
``(I) use of the computer for
access and use of the Internet
(including email), or
``(II) business or educational use.
``(ii) Computer must be capable of internet
access.--Such term shall not include any
computer which does not have a modem or other
equipment capable of supporting Internet
access.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Purchase of computers by low-income individuals.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. EXTENSION AND EXPANSION OF ENHANCED DEDUCTION FOR CHARITABLE
CONTRIBUTIONS OF COMPUTERS.
(a) Extension.--Subparagraph (F) of section 170(e)(6) of the
Internal Revenue Code of 1986 (relating to special rule for
contributions of computer technology and equipment for elementary or
secondary school purposes) is amended by striking ``December 31, 2000''
and inserting ``June 30, 2004''.
(b) Expansion.--
(1) In general.--Paragraph (6) of section 170(e) of such
Code is amended by redesignating subparagraphs (C), (D), (E),
and (F) as subparagraphs (D), (E), (F), and (G), respectively,
and by striking all that precedes subparagraph (D) (as so
redesignated) and inserting the following:
``(6) Special rule for contributions of computer technology
and equipment.--
``(A) In general.--The amount of any qualified
computer contribution which is taken into account under
this section shall be the greater of--
``(i) the amount determined without regard
to paragraph (1), or
``(ii) the amount determined with regard to
paragraph (1).
``(B) Qualified computer contribution.--For
purposes of this paragraph, the term `qualified
computer contribution' means a charitable contribution
by a corporation of any computer technology or
equipment, but only if--
``(i) the contribution is to a qualified
organization,
``(ii) the contribution is made not later
than 2 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the original use of the property is
by the donor or the donee,
``(iv) substantially all of the use of the
property by the donee is for use within the
United States and, in the case of a qualified
educational organization, for educational
purposes in any of the grades K-12 that are
related to the purpose or function of the
organization,
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, except for shipping,
installation and transfer costs,
``(vi) in the case of a qualified
educational organization, the property will fit
productively into the entity's education plan,
and
``(vii) the entity's use and disposition of
the property will be in accordance with the
provisions of clauses (iv) and (v).
``(C) Qualified organization.--For purposes of this
paragraph--
``(i) In general.--The term `qualified
organization' means--
``(I) any qualified educational
organization,
``(II) any public library located
in an area which is an empowerment
zone, enterprise community, or a high-
poverty area (as determined by the
Secretary),
``(III) any technology center
located in such an area, and
``(IV) any entity described in
section 501(c)(3) and exempt from tax
under section 501(a) that is organized
primarily for purposes of providing
computers without charge to lower
income families.
``(ii) Qualified educational
organization.--For purposes of clause (i), the
term `qualified educational organization'
means--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
and
``(II) an entity described in
section 501(c)(3) and exempt from tax
under section 501(a) (other than an
entity described in subclause (I)) that
is organized primarily for purposes of
supporting elementary and secondary
education.''
(2) Conforming amendment.--Subparagraph (D) of section
170(e)(6) of such Code, as redesignated by paragraph (1), is
amended by striking ``qualified elementary or secondary
educational contribution'' and inserting ``qualified computer
contribution''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Extends and expands the deduction for charitable computer contributions to elementary and secondary schools. | {"src": "billsum_train", "title": "Digital Divide Elimination Act of 2000"} | 1,576 | 20 | 0.472056 | 1.139438 | -0.090277 | 1.6 | 94.533333 | 0.8 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) March 7, 2015, will mark 50 years since the brave Foot
Soldiers of the Voting Rights Movement first attempted to march
from Selma to Montgomery on ``Bloody Sunday'' in protest
against the denial of their right to vote, and were brutally
assaulted by Alabama state troopers.
(2) Beginning in 1964, members of the Student Nonviolent
Coordinating Committee attempted to register African-Americans
to vote throughout the state of Alabama.
(3) These efforts were designed to ensure that every
American citizen would be able to exercise their constitutional
right to vote and have their voices heard.
(4) By December of 1964, many of these efforts remained
unsuccessful. Dr. Martin Luther King, Jr., working with leaders
from the Student Nonviolent Coordinating Committee and the
Southern Christian Leadership Conference, began to organize
protests throughout Alabama.
(5) On March 7, 1965, over 500 voting rights marchers known
as ``Foot Soldiers'' gathered on the Edmund Pettus Bridge in
Selma, Alabama in peaceful protest of the denial of their most
sacred and constitutionally protected right--the right to vote.
(6) Led by John Lewis of the Student Nonviolent
Coordinating Committee and Rev. Hosea Williams of the Southern
Christian Leadership Conference, these Foot Soldiers began the
march towards the Alabama State Capitol in Montgomery, Alabama.
(7) As the Foot Soldiers crossed the Edmund Pettus Bridge,
they were confronted by a wall of Alabama state troopers who
brutally attacked and beat them.
(8) Americans across the country witnessed this tragic turn
of events as news stations broadcasted the brutality on a day
that would be later known as ``Bloody Sunday.''
(9) Two days later on Tuesday, March 9, 1965, nearly 2,500
Foot Soldiers led by Dr. Martin Luther King risked their lives
once more and attempted a second peaceful march starting at the
Edmund Pettus Bridge. This second attempted march was later
known as ``Turnaround Tuesday.''
(10) Fearing for the safety of these Foot Soldiers who
received no protection from federal or state authorities during
this second march, Dr. King led the marchers to the base of the
Edmund Pettus Bridge and stopped. Dr. King kneeled and offered
a prayer of solidarity and walked back to the church.
(11) President Lyndon B. Johnson, inspired by the bravery
and determination of these Foot Soldiers and the atrocities
they endured, announced his plan for a voting rights bill aimed
at securing the precious right to vote for all citizens during
an address to Congress on March 15, 1965.
(12) On March 17, 1965, one week after ``Turnaround
Tuesday'', U.S. District Judge Frank M. Johnson ruled the Foot
Soldiers had a First Amendment right to petition the government
through peaceful protest, and ordered federal agents to provide
full protection to the Foot Soldiers during the Selma to
Montgomery Voting Rights March.
(13) Judge Johnson's decision overturned Alabama Governor
George Wallace's prohibition on the protest due to public
safety concerns.
(14) On March 21, 1965, under the court order, the U.S.
Army, the federalized Alabama National Guard, and countless
federal agents and marshals escorted nearly 8,000 Foot Soldiers
from the start of their heroic journey in Selma, Alabama to
their safe arrival on the steps of the Alabama State Capitol
Building on March 25, 1965.
(15) The extraordinary bravery and sacrifice these Foot
Soldiers displayed in pursuit of a peaceful march from Selma to
Montgomery brought national attention to the struggle for equal
voting rights, and served as the catalyst for Congress to pass
the Voting Rights Act of 1965, which President Johnson signed
into law on August 6, 1965.
(16) To commemorate the 50th anniversary of the Voting
Rights Movement and the passage of the Voting Rights Act of
1965, it is befitting that Congress bestow the highest civilian
honor, the Congressional Gold Medal, in 2015, to the Foot
Soldiers who participated in Bloody Sunday, Turnaround Tuesday
or the final Selma to Montgomery Voting Rights March during
March of 1965, which served as a catalyst for the Voting Rights
Act of 1965.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to the Foot Soldiers who
participated in Bloody Sunday, Turnaround Tuesday, or the final Selma
to Montgomery Voting Rights March during March of 1965, which served as
a catalyst for the Voting Rights Act of 1965.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Award of Medal.--Following the award of the gold medal
described in subsection (a), the medal shall be given to the Selma
Interpretative Center in Selma, Alabama, where it shall be available
for display or temporary loan to be displayed elsewhere, as
appropriate.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Passed the Senate February 26, 2015.
Attest:
Secretary.
114th CONGRESS
1st Session
S. 527
_______________________________________________________________________
AN ACT
To award a Congressional Gold Medal to the Foot Soldiers who
participated in Bloody Sunday, Turnaround Tuesday, or the final Selma
to Montgomery Voting Rights March in March of 1965, which served as a
catalyst for the Voting Rights Act of 1965. | . The expanded summary of the Senate reported version is repeated here.) (Sec. 2) This bill directs the Speaker of the House and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March during March of 1965, which served as a catalyst for the Voting Rights Act of 1965. (Sec. 4) The medals struck pursuant to this Act are national medals. | {"src": "billsum_train", "title": "A bill to award a Congressional Gold Medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or in the final Selma to Montgomery Voting Rights March in March of 1965, which served as a catalyst for the Voting Rights Act of 1965."} | 1,422 | 125 | 0.450805 | 1.463169 | 0.47667 | 6.654206 | 12.775701 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentive to Serve Tax Act''.
SEC. 2. TAX CREDIT FOR QUALIFIED DONATIONS OF EMPLOYEE SERVICES.
(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. 45Q. QUALIFIED EMPLOYEE SERVICE DONATIONS.
``(a) In General.--For purposes of section 38, the qualified
employee service donation credit under this section is an amount equal
to 25 percent of the qualified wages paid or incurred by the taxpayer.
``(b) Qualified Wages.--For purposes of this section--
``(1) In general.--The term `qualified wages' means the
wages paid or incurred by an employer during the taxable year
to an eligible employee during periods in which the eligible
employee is performing qualified services.
``(2) Wages.--The term `wages' has the meaning given to
such term by subsection (b) of section 3306 (determined without
regard to the dollar limitation contained in such section).
``(3) Limitation on wages taken into account.--The amount
of qualified wages which may be taken into account with respect
to any individual shall not exceed $100,000 per year.
``(4) Coordination with other credits.--
``(A) Work opportunity credit.--The term `qualified
wages' shall not include wages attributable to service
rendered during the 1-year period beginning with the
day the individual begins work for the employer if any
portion of such wages is taken into account in
determining the credit under section 51.
``(B) Indian employment credit.--The term
`qualified wages' shall not include wages with respect
to any employee if a credit is allowed for wages paid
to such employee under section 45A.
``(c) Eligible Employee.--For purposes of this section, the term
`eligible employee' means any employee of the employer who performs
qualified services at the direction of the employer and with the
employee's consent for a period of not less than 160 hours for which
such employee was fully compensated during the taxable year of the
employer.
``(d) Qualified Services.--For purposes of this section--
``(1) In general.--The term `qualified services' means--
``(A) eligible direct services to recipients or
beneficiaries of charitable organizations and community
agencies,
``(B) the recruitment and coordination of
activities of volunteers providing such eligible direct
services, or
``(C) the building of the capacity of such
organizations and agencies to provide such eligible
direct services.
``(2) Eligible direct services.--The term `eligible direct
services' means direct services which advance 1 or more of the
following:
``(A) Improving the quality of education in public
schools for economically disadvantaged students.
``(B) Expanding and improving access to health
care.
``(C) Improving and conserving energy and natural
resources.
``(D) Improving economic opportunities for
economically disadvantaged individuals.
``(E) Improving disaster preparedness and response.
``(e) Verification.--No amount shall be allowed as a credit under
subsection (a) for qualified wages for qualified services with respect
to which the taxpayer has not submitted such information or
certification as the Secretary determines necessary to ensure the
performance of such qualified services.
``(f) Special Rules.--For purposes of this section, rules similar
to the rules of section 52 shall apply.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``and'' at the end of paragraph (32), by
striking the period at the end of paragraph (33) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(34) the credit determined under section 45Q(a).''.
(c) Conforming Amendments.--
(1) Section 196(c) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (12), by
striking the period at the end of paragraph (13) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(14) the qualified employee service credit under section
45Q(a).''.
(2) Section 280C(a) of such Code is amended by inserting
``45Q(a),'' after ``45A(a)''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45Q. Qualified employee service donations.''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid or incurred after the date of the enactment of this
Act.
SEC. 3. EXCLUSION.
Section 148 of the National and Community Service Act of 1990 (42
U.S.C. 12604) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Exclusion From Income.--The amount of an educational award
provided to an individual under this section shall not be included in
the gross income of the individual for purposes of the Internal Revenue
Code of 1986.''. | Incentive to Serve Tax Act - Amends the Internal Revenue Code to allow employers a business tax credit for 25% of wages paid to employees while such employees are performing certain services (e.g., services advancing the improvement of education, health care access, energy conservation, economic opportunities for economically disadvantaged individuals, and disaster preparedness and response) for charitable organizations and community agencies. Limits the amount of wages eligible for such credit to $100,000 per employee. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a tax credit for qualified donations of employee services."} | 1,253 | 97 | 0.482239 | 1.122021 | 0.869065 | 1.894118 | 13.329412 | 0.835294 |
SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Office of the Secretary an advisory committee to be known as the
Tick-Borne Diseases Advisory Committee (referred to in this section as
the ``Committee'').
(b) Applicability of FACA.--The Tick-Borne Diseases Advisory
Committee shall be treated as an advisory committee subject to the
Federal Advisory Committee Act.
(c) Duties.--The Committee shall advise the Secretary and the
Assistant Secretary for Health regarding the manner in which such
officials can--
(1) ensure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
diseases;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing such
diseases;
(3) ensure interagency coordination and communication with
constituency groups;
(4) ensure that a broad spectrum of scientific viewpoints
is represented in public health policy decisions and that
information disseminated to the public and physicians is
balanced; and
(5) advise relevant Federal agencies on priorities related
to the Lyme and tick-borne diseases.
(d) Membership.--
(1) Appointed members.--
(A) In general.--The Secretary shall appoint the
voting members of the Committee from among individuals
who are not officers or employees of the Federal
Government.
(B) Groups.--The voting members of the Committee
shall include the following:
(i) At least 4 members from the scientific
community representing the broad spectrum of
viewpoints held within the scientific community
related to Lyme and other tick-borne diseases.
(ii) At least 2 representatives of tick-
borne disease voluntary organizations.
(iii) At least 2 health care providers,
including at least 1 full-time practicing
physician, with relevant experience providing
care for individuals with a broad range of
acute and chronic tick-borne diseases.
(iv) At least 2 patient representatives who
are individuals who have been diagnosed with a
tick-borne disease or who have had an immediate
family member diagnosed with such a disease.
(v) At least 2 representatives of State and
local health departments from States with the
highest incidence of Lyme disease or where Lyme
disease is recognized as an emerging threat, or
national organizations that represent State and
local health professionals.
(C) Diversity.--In appointing members under this
paragraph, the Secretary shall ensure that such
members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate, as
nonvoting, ex officio members of the Committee, representatives
overseeing tick-borne disease activities from each of the
following Federal agencies:
(A) The Centers for Disease Control and Prevention.
(B) The National Institutes of Health.
(C) The Agency for Healthcare Research and Quality.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Co-chairpersons.--The Secretary shall designate the
Assistant Secretary for Health as the co-chairperson of the
Committee. The appointed members of the Committee shall also
elect a public co-chairperson. The public co-chairperson shall
serve a 2-year term.
(4) Term of appointment.--The term of service for each
member of the Committee appointed under paragraph (1) shall be
4 years.
(5) Vacancy.--A vacancy in the membership of the Committee
shall be filled in the same manner as the original appointment.
Any member appointed to fill a vacancy for an unexpired term
shall be appointed for the remainder of that term. Members may
serve after the expiration of their terms until their
successors have taken office.
(e) Meetings.--The Committee shall hold public meetings 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.
(f) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Committee, through the
Director of the Centers for Disease Control and Prevention and the
Director of the National Institutes of Health, shall submit a report to
the Secretary. Each such report shall contain, at a minimum--
(1) a description of the Committee's functions;
(2) a list of the Committee's members and their
affiliations; and
(3) a summary of the Committee's activities and
recommendations during the previous year, including any
significant issues regarding the functioning of the Committee.
(g) Authorization of Appropriations.--Of the amounts made available
to the Department of Health and Human Services for general departmental
management for fiscal years 2015 through 2019, there is authorized to
be appropriated $250,000 for each of such fiscal years to carry out
this Act. Amounts made available to carry out this Act shall be used
for the expenses and per diem costs incurred by the Committee under
this section in accordance with the Federal Advisory Committee Act,
except that no voting member of the Committee shall be a permanent
salaried employee of the Federal Government. | Requires the Department of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise HHS on how to: (1) ensure coordination with other federal agencies, private organizations, and constituency groups regarding efforts to address tick-borne diseases; (2) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (3) advise relevant federal agencies on priorities related to tick-borne diseases. | {"src": "billsum_train", "title": "To provide for the establishment of the Tick-Borne Diseases Advisory Committee."} | 1,231 | 112 | 0.64079 | 1.547348 | 1.658006 | 5.020202 | 11.646465 | 0.959596 |
SECTION 1. ESTABLISHMENT OF COMMISSION TO ASSESS THE NUCLEAR ACTIVITIES
OF THE ISLAMIC REPUBLIC OF IRAN.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission To Assess the Nuclear Activities of the
Islamic Republic of Iran'' (in this Act referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of 12 members
appointed as follows:
(1) 3 members shall be appointed by the majority leader of
the Senate.
(2) 3 members shall be appointed by the Speaker of the
House of Representatives.
(3) 3 members shall be appointed by the minority leader of
the Senate.
(4) 3 members shall be appointed by the minority leader of
the House of Representatives.
(c) Qualifications.--Members of the Commission shall be appointed
from among private United States citizens with knowledge and expertise
in the political and military aspects of nuclear proliferation and the
military and civilian nuclear activities of the Islamic Republic of
Iran.
(d) Chairmen.--The Committee shall have two co-chairmen, of whom--
(1) one shall be designated from among the members of the
Commission by the Speaker of the House of Representatives,
after consultation with the majority leader of the Senate; and
(2) one shall be designated from among the members of the
Commission by the minority leader of the House of
Representatives, after consultation with the minority leader of
the Senate.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Security Clearances.--All members of the Commission shall hold
appropriate security clearances.
(g) Initial Organization Requirements.--
(1) Deadline for initial appointments.--All appointments to
the Commission shall be made not later than 45 days after the
date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 30 days after the date as of which all
members of the Commission have been appointed, but not earlier
than February 1, 2008.
SEC. 2. DUTIES OF COMMISSION.
The Commission shall assess the following:
(1) The status of the military nuclear activities and
civilian nuclear activities of the Islamic Republic of Iran.
(2) The relationship between the military nuclear
activities and civilian nuclear activities of the Islamic
Republic of Iran.
(3) The intentions behind the military nuclear activities
and civilian nuclear activities of the Islamic Republic of
Iran.
SEC. 3. REPORT.
Not later than six months after its first meeting, the Commission
shall submit to Congress a report on its findings and conclusions as a
result of the assessment under section 2.
SEC. 4. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this Act, hold hearings, sit and act at times and places,
take testimony, receive evidence, and administer oaths to the extent
that the Commission or any panel or member considers advisable.
(b) Support of Other Agencies.--
(1) In general.--The Commission may secure directly from
the Department of Defense, the Office of the Director of
National Intelligence, the Central Intelligence Agency, and any
other department or agency of the United States Government
information that the Commission considers necessary to enable
the Commission to carry out its duties under this Act.
(2) Cooperation of government officials.--The Commission
should receive the full and timely cooperation of the Secretary
of Defense, the Director of National Intelligence, and other
appropriate officials of the United States Government who
should, in providing such cooperation, provide the Commission
with analyses, briefings, and other information necessary for
the fulfillment of the duties of the Commission.
SEC. 5. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman of the Commission.
(b) Quorum.--
(1) In general.--Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) Action by resolution of majority.--The Commission shall
act by resolution agreed to by a majority of the members of the
Commission.
(c) Commission.--The Commission may establish panels composed of
less than full membership of the Commission for the purpose of carrying
out the duties of the Commission under this Act. The actions of any
such panel shall be subject to the review and control of the
Commission. Any findings and determinations made by such a panel shall
not be considered the findings and determinations of the Commission
unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this Act.
SEC. 6. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(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 co-chairmen of the Commission may,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
jointly appoint a staff director and such additional personnel
as may be necessary to enable the Commission to perform its
duties under this Act. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) Compensation.--The co-chairmen of the Commission may
jointly fix the pay of the staff director and other personnel
of the Commission 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 fixed under
this paragraph for the staff director may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title and the rate of pay for other personnel may
not exceed the maximum rate payable for grade GS-15 of the
General Schedule.
(d) Detail of Government Employees.--Upon the joint request of the
co-chairmen of the Commission, the head of any department or agency of
the United States Government may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission to assist
it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The co-
chairmen of the Commission may jointly 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 payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 7. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the United States Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of Central Intelligence shall furnish the Commission, on a
reimbursable basis, any administrative and support services requested
by the Commission.
SEC. 8. FUNDING.
(a) In General.--Funds for activities of the Commission under this
Act shall be provided from amounts available for the Office of the
Director of National Intelligence for fiscal year 2008.
(b) Disbursement.--Upon receipt of a joint written certification
from the co-chairmen of the Commission specifying the funds required
for the activities of the Commission, the Director of National
Intelligence shall promptly disburse to the Commission, from amounts
referred to in subsection (a), the funds required by the Commission as
stated in such certification.
SEC. 9. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the
submittal of its report under section 3. | Establishes the Commission To Assess the Nuclear Activities of the Islamic Republic of Iran which shall assess the status of, the relationship between, and the intentions behind the military and the civilian nuclear activities of the Islamic Republic of Iran.
Terminates the Commission 60 days after submission of the report required under this Act. | {"src": "billsum_train", "title": "A bill to establish a commission to assess the nuclear activities of the Islamic Republic of Iran."} | 1,813 | 62 | 0.614096 | 1.578572 | 0.729349 | 4.271186 | 28.440678 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of the American Latino Community Act of
2004''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) American Latinos are an ethnically and racially diverse
population. Still, whether known by the term ``Hispanic'' or
``Latino'', or by the various national identities from which
they obtain their ethnicity, American Latinos share a common
heritage rooted in the mixture of the cultures of the
indigenous peoples of the American continent, of the European
colonizers from Spain, and of Africans who were brought to
those colonies as slaves.
(2) While the history of the United States formally dates
from 1776, American civilization was already centuries old by
then. Latinos were present on the continent for more than 200
years prior to the Declaration of Independence. Spanish
colonists founded the first permanent settlement on future
United States territory in St. Augustine, Florida in 1565.
Indigenous nations that had thrived for centuries prior to the
landing of Columbus would later mix with colonists of various
ethnicities from Spain to create a third culture, one that
continues to thrive in various forms throughout the Americas
today.
(3) Since before our Nation's founding, Latinos have come
to this land searching for opportunity, prosperity, and chance.
In this regard, not much has changed in over 3 centuries.
Through every era of our Nation's history, whether in the
fields of plenty or on the field of battle, a Latino presence
was felt. Through every war and conflict, Latinos have served
honorably and proudly next to their fellow Americans to defend
the ideals of freedom, democracy, and liberty worldwide,
earning countless awards for valor and sacrifice.
(4) The history, art, politics, economy, and culture of the
United States have been enriched by the influence of American
Latinos and their traditions and innovations. Both native and
foreign-born Latinos in the United States continue to make
significant contributions to the arts and humanities, academia,
and the popular culture that have benefitted all Americans.
(5) According to the Bureau of the Census, the population
of American Latinos recently grew to become the largest
demographic minority group in the country. As of July 2002,
there were an estimated 38.8 million Latinos in the United
States. One out of every three of these is under the age of 18.
The youthfulness and rapid growth of this population ensure
that American Latinos will have a substantial role in American
life ranging from public policy to popular entertainment.
Greater understanding of this role will benefit all of American
society.
(6) The American Latino population historically has been
concentrated in certain regions of the United States. In the
last several decades, however, there has been more dispersed
growth of the community throughout the entire country.
(7) Despite the contributions that American Latinos make to
the cultural life of the United States, there remains a lack of
awareness by other Americans about the rich and diverse
character of Latino culture and history, which may contribute
to stereotypes or misconceptions about Latinos. Greater effort
is needed at a national level to educate other Americans about
Latinos and to celebrate and disseminate information about
Latino culture and history. Americans of all backgrounds
benefit from greater understanding of the diversity that exists
in the United States.
(8) The Smithsonian Institution is the world's largest
museum and research complex, with 16 museums in the District of
Columbia and New York City. The Smithsonian Institution museums
play a unique and important role in educating visitors to the
Nation's capital about our history, arts, and culture. The
American people and international visitors recognize the
Smithsonian Institution as the premier American museum,
representing the vast diversity of cultural history of the
United States.
(9) A task force appointed to examine the Smithsonian
Institution's representation of American Latinos in its
permanent exhibits and other public programs published
``Willful Neglect: The Smithsonian Institution and U.S.
Latinos'' (May 1994) and ``Toward a Shared Vision: U.S. Latinos
and the Smithsonian Institution'' (October 1997). The reports
indicate that the Smithsonian historically had a poor record of
representing Hispanics. This criticism led to the creation of
the Smithsonian's Center for Latino Initiatives in 1998.
(10) The Center for Latino Initiatives has increased the
profile of Latino arts and culture and should be commended for
promoting diversity and understanding of American Latino
culture by the Smithsonian's patrons. The Center's short
history has shown that American Latino exhibits and programs
are well received by the public and by the Latino community.
However, given American Latino history, demography, and
contributions to the American cultural landscape, a more
complete representation is in order.
(11) Fro these reasons, it is necessary to establish a
commission to draft a plan of action for creating a National
Museum of the American Latino Community within the Smithsonian
Institution, on or near the National Mall in Washington, DC.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino
Community (hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of the enactment of
this Act as follows:
(1) The President shall appoint 7 voting members.
(2) The Speaker of the House of Representatives, the
minority leader of the House of Representatives, the majority
leader of the Senate, and the minority leader of the Senate
shall each appoint 3 voting members.
(3) In addition to the members appointed under paragraph
(2), the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 1 nonvoting member.
(c) Qualifications.--Members of the Commission shall be chosen from
among individuals, or representatives of institutions or entities, who
possess either--
(1) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(A) expertise in museum administration;
(B) expertise in fundraising for nonprofit or
cultural institutions;
(C) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(D) experience in studying the issue of the
Smithsonian Institution's representation of American
Latino art, life, history, and culture; or
(E) extensive experience in public or elected
service; or
(2) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
SEC. 4. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--
The Commission shall submit a report to the President and the Congress
containing its recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of the American
Latino Community in Washington, DC (hereafter in this Act referred to
as the ``Museum'').
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the American Latino community.
(c) Report on Issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution), and
submit a report to the President and the Congress on, the following
issues:
(1) The availability and cost of collections to be acquired
and housed in the Museum.
(2) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(3) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts.
(4) Whether the Museum should be located within the
Smithsonian Institution.
(5) The governance and organizational structure from which
the Museum should operate.
(6) How to engage the American Latino community in the
development and design of the Museum.
(d) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on
Resources of the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committees on Appropriations
of the House of Representatives and the Senate a legislative plan of
action to create and construct the Museum.
(e) National Conference.--In carrying out its functions under this
section, the Commission shall convene a national conference on the
Museum, comprised of individuals committed to the advancement of
American Latino life, art, history, and culture, not later than 9
months after the date of the enactment of this Act.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Secretary of Interior.--The Secretary
of the Interior shall provide the administrative services, facilities,
and funds necessary for the performance of the Commission's functions.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
SEC. 6. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports and plans required under section 4 not later than 18 months
after the date of the enactment of this Act.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports and plans pursuant
to subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission $2,100,000 for fiscal year 2005 and
$1,100,000 for fiscal year 2006. | Commission to Study the Potential Creation of a National Museum of the American Latino Community Act of 2004 - Establishes the Commission to Study the Potential Creation of a National Museum of the American Latino Community to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, D.C. | {"src": "billsum_train", "title": "A bill to establish the Commission to Study the Potential Creation of a National Museum of the American Latino Community to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, D.C., and for other purposes."} | 2,341 | 74 | 0.377999 | 0.962119 | 0.228845 | 7.533333 | 36.316667 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Cleanup Equity and
Acceleration Act of 1993''.
SEC. 2. MUNICIPAL SOLID WASTE AND SEWAGE SLUDGE.
(a) Definitions.--Section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is
amended by adding the following new paragraphs at the end thereof:
``(39) The term `municipal solid waste' means all waste
materials generated by households, including single and
multiple residences, and hotels and motels. The term also
includes trash generated by commercial, institutional, and
industrial sources (a) when such materials are essentially the
same as waste normally generated by households, or (b) when
such waste materials were collected and disposed of with other
municipal solid waste or sewage sludge and, regardless of when
generated, would be considered conditionally exempt small
quantity generator waste under section 3001(d) of the Solid
Waste Disposal Act. Examples of municipal solid waste include
food and yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, school science
laboratory waste, and household hazardous waste (such as
painting, cleaning, gardening, and automotive supplies). The
term `municipal solid waste' does not include combustion ash
generated by resource recovery facilities or municipal
incinerators, or waste from manufacturing or processing
(including pollution control) operations not essentially the
same as waste normally generated by households.
``(40) The term `sewage sludge' refers to any solid,
semisolid, or liquid residue removed during the treatment of
municipal waste water, domestic sewage, or other waste waters
at or by a publicly owned treatment works.
``(41) The term `municipality' means any political
subdivision of a State and may include cities, counties,
villages, towns, townships, boroughs, parishes, schools, school
districts, sanitation districts, water districts, and other
local governmental entities. The term also includes any natural
person acting in his or her official capacity as an official,
employee, or agent of a municipality.''.
(b) Section 113 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 is amended by adding the
following new subsections at the end thereof:
``(m) Contribution Actions for Municipal Solid Waste and Sewage
Sludge.--No municipality or other person shall be liable to any person
other than the President for claims of contribution under this section
or for other response costs, penalties, or damages under this Act for
the generation, transportation, or arrangement for the transportation,
treatment, or disposal of municipal solid waste or sewage sludge.
``(n) Public Right-of-Way.--In no event shall a municipality incur
liability under this Act for the acts of owning or maintaining a public
right-of-way over which hazardous substances are transported, or of
granting a business license to a private party for the transportation,
treatment, or disposal of municipal solid waste or sewage sludge. For
the purposes of this subsection, `public right-of-way' includes, but is
not limited to, roads, streets, flood control channels, or other public
transportation routes, and pipelines used as a conduit for sewage or
other liquid or semiliquid discharges.''.
(c) Section 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 is amended by adding the
following new subsection at the end thereof:
``(n) Settlements for Generators and Transporters of Municipal
Solid Waste or Sewage Sludge.--
``(1) Eligible persons.--The term `eligible person' under
this subsection means any person against whom an administrative
or judicial action is brought, or to whom notice is given of
potential liability under this Act, for the generation,
transportation, or arrangement for the transportation,
treatment, or disposal of municipal solid waste or sewage
sludge. An eligible person who may be liable under section
107(a)(1) or 107(a)(2) of this Act or for substances other than
municipal solid waste or sewage sludge is covered by the Toxic
Cleanup Equity and Acceleration Act of 1993 and the amendments
to this Act made by the Toxic Cleanup Equity and Acceleration
Act of 1993 to the extent that the person is liable for the
generation, transportation, or arrangement for the
transportation, treatment, or disposal of municipal solid waste
or sewage sludge.
``(2) Negotiation of settlements; moratorium.--Eligible
persons under this subsection may offer to settle their
potential liability with the President by stating in writing
their ability and willingness to settle their potential
liability in accordance with this subsection. Upon receipt of
such offer to settle, neither the President nor any other
person shall take further administrative or judicial action
against the eligible person, unless the President determines
that the eligible person's offer or position during
negotiations is not in good faith or otherwise not in
accordance with this subsection or that the matters addressed
include liability not related to the generation,
transportation, or arrangement for the transportation,
treatment, or disposal of municipal solid waste or sewage
sludge. Nothing in this subsection shall limit or modify the
President's authority under section 104(e) (42 U.S.C. 9604(e)).
``(3) Timing.--Eligible persons may tender offers under
this subsection within one hundred and eighty days after
receiving a notice of potential liability or becoming subject
to administrative or judicial action, or within one hundred and
eighty days after a record of decision is issued for the
portion of the response action that is the subject of the
person's settlement offer, whichever is later. If the President
notifies an eligible person that he or she may be a potentially
responsible party, no further administrative or judicial action
may be taken by any party for one hundred and twenty days
against such person.
``(4) Expedited final settlement.--The President shall make
a good faith effort to reach final settlements as promptly as
possible under this subsection and such settlements shall--
``(A) allocate to all generation, transportation,
or arrangement for the transportation, treatment, or
disposal of municipal solid waste or sewage sludge a
combined total of no more than 4 percent of the total
response costs for the facility; Provided, however,
That the President shall reduce this percentage when
the presence of municipal solid waste and sewage sludge
is not significant at the facility;
``(B) require an eligible person under this
subsection to pay only for his or her equitable share
of the maximum 4 percent portion of response costs
described in subparagraph (A);
``(C) limit an eligible person's payments based on
such person's inability to pay, litigative risks,
public interest considerations, precedential value, and
equitable factors;
``(D) permit an eligible person to provide in-kind
services with regard to the response action in lieu of
cash contributions and to be credited at market rates
for such services;
``(E) limit a publicly owned treatment works'
payments if it has promoted the beneficial reuse of
sewage sludge through land application when the basis
of liability arises from sewage sludge generated
thirty-six months after the date of enactment of this
subsection or thereafter; and
``(F) be reached even in the event that an eligible
person may be liable under sections 107(a)(1) or
107(a)(2) of this Act or for substances other than
municipal solid waste or sewage sludge.
``(5) Covenant not to sue.--The President may provide a
covenant not to sue with respect to the facility concerned to
any person who has entered into a settlement under this
subsection unless such a covenant would be inconsistent with
the public interest as determined under subsection (f) of this
section.
``(6) Effect of agreement.--A person that has resolved his
or her liability to the United States under this subsection
shall not be liable for claims of contribution or for other
response costs, penalties, or damages under this Act regarding
matters addressed in the settlement. Such settlement does not
discharge any of the other potentially responsible parties
unless its terms so provide, but it reduces the potential
liability of the others by the amount of the settlement.
``(7) De minimis settlements.--Nothing in this subsection
shall alter or diminish a person's ability to reach a
settlement with the President under subsection (g) of this
section.
``(o) Future Disposal Practices.--This subsection applies only to
the generation, transportation, or arrangement for the transportation,
treatment, or disposal of municipal solid waste or sewage sludge
occurring thirty-six months after the date of enactment of this
subsection. Beginning at such time and with regard to such future
municipal solid waste or sewage sludge, eligible persons who are
municipalities or operators of publicly owned treatment works may
assert the provisions of section 122(n) only under the following
circumstances:
``(1) if liability arises from municipal solid waste
collected and disposed of thirty-six months or later after the
date of enactment of this subsection and the eligible person is
a municipality, a qualified household hazardous waste
collection program must have been operating while the municipal
solid waste was collected and disposed; or
``(2) if liability arises from sewage sludge generated
thirty-six months or later after the date of enactment of this
subsection and the eligible person is an owner or operator of a
publicly owned treatment works, a qualified publicly owned
treatment works must have been operating while the sewage
sludge was generated at such treatment works.
``(3) The term `qualified household hazardous waste
collection program' means a program that includes--
``(A) at least semiannual, well-publicized
collections at conveniently located collection points
with an intended goal of participation by 10 percent of
community households;
``(B) a public education program that identifies
both hazardous household products and safer substitutes
(source reduction);
``(C) efforts to collect hazardous waste from
conditionally exempt small quantity generators under
section 3001(d) of the Solid Waste Disposal Act, with
an intended goal of collecting wastes from 20 percent
of such generators doing business within the
jurisdiction of the municipality; and
``(D) a comprehensive plan, which may include
regional compacts or joint ventures, that outlines how
the program will be accomplished.
``(4) A person that operates a `qualified household
hazardous waste collection program' and collects hazardous
waste from conditionally exempt small quantity generators under
section 3001(d) of the Solid Waste Disposal Act must transport
or arrange to transport such waste in accordance with the Solid
Waste Disposal Act and must dispose of such waste at a
hazardous waste treatment, storage or disposal facility with a
permit under section 3005 of the Solid Waste Disposal Act (42
U.S.C. 6925), but such person is otherwise deemed to be
handling only household waste under the Solid Waste Disposal
Act when it operates a qualified household hazardous waste
collection program.
``(5) Nothing in this Act is intended to prohibit a
municipality from assessing fees to persons whose waste is
accepted during household hazardous waste collections, or shall
prohibit a municipality from refusing to accept waste that the
municipality believes is being disposed of in violation of the
Solid Waste Disposal Act.
``(6) The term `qualified publicly owned treatment works'
means a publicly owned treatment works that complies with
section 405 of the Federal Water Pollution Control Act (33
U.S.C. 1345).
``(7) The President may determine that a household
hazardous waste collection program or a publicly owned
treatment works is not qualified under this subsection. Minor
instances of noncompliance do not render a household hazardous
waste collection program or publicly owned treatment works
unqualified under this subsection.
``(8) If the President determines that a household
hazardous waste collection program is not qualified, the
provisions of section 122(n) shall not apply, but only with
regard to the municipal solid waste disposed of during the
period of disqualification.
``(9) If a municipality or operator of a publicly owned
treatment works is notified by the President or by a State with
a program approved under section 402(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(b)) that its publicly
owned treatment works is not in compliance with the
requirements for paragraph (6) of this subsection, and if such
noncompliance is not remedied within twelve months, the
provisions of section 122(n) shall not apply, but only with
regard to the sewage sludge generated or disposed of during the
period of noncompliance.''.
(d) Section 122(g)(1)(A)(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 is amended by
inserting the following sentence at the end solid waste and sewage
sludge, not the overall quantity of municipal solid waste and sewage
sludge.''.
(e) Nothing in this section shall modify the meaning or
interpretation of the Solid Waste Disposal Act.
(f) Nothing in this section shall modify a State's ability under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 to carry out actions authorized in such Act and to enter
into a contract or cooperative agreement with the President to carry
out such actions.
(g) The settlement procedures and bar on judicial and
administrative proceedings addressed in this section shall apply even
if any constituent component of municipal solid waste or sewage sludge
may be considered a hazardous substance under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 when
the constituent component exists apart from municipal solid waste or
sewage sludge.
(h) This Act and the amendments made by this section shall apply to
each municipality and other person against whom administrative or
judicial action has been commenced before the effective date of this
Act, unless a final court judgment has been rendered against such
municipality or other person or final court approval of a settlement
agreement including such municipality or other person as a party has
been granted. If a final court judgment has been rendered or court-
approved settlement agreement has been reached that does not resolve
all contested issues, such amendments shall apply to all contested
issues not expressly resolved by such court judgment or settlement
agreement. | Toxic Cleanup Equity and Acceleration Act of 1993 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to absolve municipalities or other persons of liability (other than to the President) for claims of contribution or other response costs for the generation, transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge.
Authorizes eligible persons (defined as persons against whom administrative or judicial actions are brought, or to whom notice is given of potential liability, for activities involving municipal solid waste or sewage sludge) to settle their liability with the President.
Requires final settlements to: (1) allocate to all activities for the management of municipal solid waste or sewage sludge a combined maximum of four percent of the total response costs for the facility; (2) require eligible persons to pay only equitable shares of the maximum percentage; (3) limit payments based on inability to pay, litigative risks, and other equitable factors; (4) permit in-kind services with regard to response actions in lieu of cash contributions; (5) limit a publicly owned treatment works' payments if it has promoted the reuse of sewage sludge through land application; and (6) be reached even if a person is liable under other CERCLA provisions.
Authorizes the President to provide a covenant not to sue to persons who have entered into settlements. Absolves such persons of liability for contributions or other response costs for matters addressed in settlements. Reduces others' potential liability by the amount of a settlement, but bars discharging potentially responsible parties unless the settlement so provides.
Applies settlement provisions to municipalities or treatment works who engage in municipal solid waste or sewage sludge management activities occurring 36 months after this Act's enactment date only if the eligible person is a: (1) municipality and a qualified household hazardous waste collection program has been operating while such waste was collected and disposed; or (2) treatment works in compliance with the Federal Water Pollution Control Act.
Makes this Act retroactively effective to all actions commenced before this Act's effective date unless a final court judgment or approval of a settlement agreement has been granted. | {"src": "billsum_train", "title": "Toxic Cleanup Equity and Acceleration Act of 1993"} | 3,175 | 483 | 0.543783 | 1.879302 | 0.703959 | 3.546318 | 6.964371 | 0.933492 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Act of
1993''.
SEC. 2. REPORTING CHILD ABUSE CRIME INFORMATION.
(a) In General.--In each State, an authorized criminal justice
agency of the State shall report child abuse crime information to, or
index child abuse crime information in, the national criminal history
background check system.
(b) Provision of State Child Abuse Crime Records Through the
National Criminal History Background Check System.--(1) Not later than
180 days after the date of enactment of this Act, the Attorney General
shall, subject to availability of appropriations--
(A) investigate the criminal history records system of each
State and determine for each State a timetable by which the State
should be able to provide child abuse crime records on an on-line
basis through the national criminal history background check system;
(B) in consultation with State officials, establish guidelines
for the reporting or indexing of child abuse crime information,
including guidelines relating to the format, content, and accuracy
of criminal history records and other procedures for carrying out
this Act; and
(C) notify each State of the determinations made pursuant to
subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of each State
timetable that the State--
(A) by not later than the date that is 3 years after the date of
enactment of this Act, have in a computerized criminal history file
at least 80 percent of the final dispositions that have been
rendered in all identifiable child abuse crime cases in which there
has been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at least 80 percent
for final dispositions in all identifiable child abuse crime cases
in which there has been an event of activity within the preceding 5
years; and
(C) take steps to achieve 100 percent disposition reporting,
including data quality audits and periodic notices to criminal
justice agencies identifying records that lack final dispositions
and requesting those dispositions.
(c) Liaison.--An authorized agency of a State shall maintain close
liaison with the National Center on Child Abuse and Neglect, the
National Center for Missing and Exploited Children, and the National
Center for the Prosecution of Child Abuse for the exchange of technical
assistance in cases of child abuse.
(d) Annual Summary.--(1) The Attorney General shall publish an
annual statistical summary of child abuse crimes.
(2) The annual statistical summary described in paragraph (1) shall
not contain any information that may reveal the identity of any
particular victim or alleged violator.
(e) Annual Report.--The Attorney General shall, subject to the
availability of appropriations, publish an annual summary of each
State's progress in reporting child abuse crime information to the
national criminal history background check system.
(f) Study of Child Abuse Offenders.--(1) Not later than 180 days
after the date of enactment of this Act, the Administrator of the Office
of Juvenile Justice and Delinquency Prevention shall begin a study based
on a statistically significant sample of convicted child abuse offenders
and other relevant information to determine--
(A) the percentage of convicted child abuse offenders who have
more than 1 conviction for an offense involving child abuse;
(B) the percentage of convicted child abuse offenders who have
been convicted of an offense involving child abuse in more than 1
State; and
(C) the extent to which and the manner in which instances of
child abuse form a basis for convictions for crimes other than child
abuse crimes.
(2) Not later than 1 year after the date of enactment of this Act,
the Administrator shall submit a report to the Chairman of the Committee
on the Judiciary of the Senate and the Chairman of the Committee on the
Judiciary of the House of Representatives containing a description of
and a summary of the results of the study conducted pursuant to
paragraph (1).
SEC. 3. BACKGROUND CHECKS.
(a) In General.--(1) A State may have in effect procedures
(established by State statute or regulation) that require qualified
entities designated by the State to contact an authorized agency of the
State to request a nationwide background check for the purpose of
determining whether a provider has been convicted of a crime that bears
upon an individual's fitness to have responsibility for the safety and
well-being of children.
(2) The authorized agency shall access and review State and Federal
criminal history records through the national criminal history
background check system and shall make reasonable efforts to respond to
the inquiry within 15 business days.
(b) Guidelines.--The procedures established under subsection (a)
shall require--
(1) that no qualified entity may request a background check of a
provider under subsection (a) unless the provider first provides a
set of fingerprints and completes and signs a statement that--
(A) contains the name, address, and date of birth appearing
on a valid identification document (as defined in section 1028
of title 18, United States Code) of the provider;
(B) the provider has not been convicted of a crime and, if
the provider has been convicted of a crime, contains a
description of the crime and the particulars of the conviction;
(C) notifies the provider that the entity may request a
background check under subsection (a);
(D) notifies the provider of the provider's rights under
paragraph (2); and
(E) notifies the provider that prior to the completion of
the background check the qualified entity may choose to deny the
provider unsupervised access to a child to whom the qualified
entity provides child care;
(2) that each provider who is the subject of a background check
is entitled--
(A) to obtain a copy of any background check report; and
(B) to challenge the accuracy and completeness of any
information contained in any such report and obtain a prompt
determination as to the validity of such challenge before a
final determination is made by the authorized agency;
(3) that an authorized agency, upon receipt of a background
check report lacking disposition data, shall conduct research in
whatever State and local recordkeeping systems are available in
order to obtain complete data;
(4) that the authorized agency shall make a determination
whether the provider has been convicted of, or is under pending
indictment for, a crime that bears upon an individual's fitness to
have responsibility for the safety and well-being of children and
shall convey that determination to the qualified entity; and
(5) that any background check under subsection (a) and the
results thereof shall be handled in accordance with the requirements
of Public Law 92-544.
(c) Regulations.--(1) The Attorney General may by regulation
prescribe such other measures as may be required to carry out the
purposes of this Act, including measures relating to the security,
confidentiality, accuracy, use, misuse, and dissemination of
information, and audits and recordkeeping.
(2) The Attorney General shall, to the maximum extent possible,
encourage the use of the best technology available in conducting
background checks.
(d) Liability.--A qualified entity shall not be liable in an action
for damages solely for failure to conduct a criminal background check on
a provider, nor shall a State or political subdivision thereof nor any
agency, officer or employee thereof, be liable in an action for damages
for the failure of a qualified entity to take action adverse to a
provider who was the subject of a background check.
(e) Fees.--In the case of a background check pursuant to a State
requirement adopted after the date of the enactment of this Act
conducted with fingerprints on a person who volunteers with a qualified
entity, the fees collected by authorized State agencies and the Federal
Bureau of Investigation may not exceed the actual cost of the background
check conducted with fingerprints. The States shall establish fee
systems that insure that fees to non-profit entities for background
checks do not discourage volunteers from participating in child care
programs.
SEC. 4. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
(a) Use of Formula Grants for Improvements in State Records and
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3759(b)) is amended--
(1) in paragraph (2) by striking ``and'' after the semicolon;
(2) in paragraph (3) by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(4) the improvement of State record systems and the sharing of
all of the records described in paragraphs (1), (2), and (3) and the
child abuse crime records required under the National Child
Protection Act of 1993 with the Attorney General for the purpose of
implementing the National Child Protection Act of 1993.''.
(b) Additional Funding Grants for the Improvement of Child Abuse
Crime Information.--(1) The Attorney General shall, subject to
appropriations and with preference to States that, as of the date of
enactment of this Act, have in computerized criminal history files the
lowest percentages of charges and dispositions of identifiable child
abuse cases, make a grant to each State to be used--
(A) for the computerization of criminal history files for the
purposes of this Act;
(B) for the improvement of existing computerized criminal
history files for the purposes of this Act;
(C) to improve accessibility to the national criminal history
background check system for the purposes of this Act; and
(D) to assist the State in the transmittal of criminal records
to, or the indexing of criminal history record in, the national
criminal history background check system for the purposes of this
Act.
(2) There are authorized to be appropriated for grants under
paragraph (1) a total of $20,000,000 for fiscal years 1994, 1995, 1996,
and 1997.
(c) Withholding State Funds.--Effective 1 year after the date of
enactment of this Act, the Attorney General may reduce, by up to 10
percent, the allocation to a State for a fiscal year under title I of
the Omnibus Crime Control and Safe Streets Act of 1968 that is not in
compliance with the requirements of this Act.
SEC. 5. DEFINITIONS.
For the purposes of this Act--
(1) the term ``authorized agency'' means a division or office of
a State designated by a State to report, receive, or disseminate
information under this Act;
(2) the term ``child'' means a person who is a child for
purposes of the criminal child abuse law of a State;
(3) the term ``child abuse crime'' means a crime committed under
any law of a State that involves the physical or mental injury,
sexual abuse or exploitation, negligent treatment, or maltreatment
of a child by any person;
(4) the term ``child abuse crime information'' means the
following facts concerning a person who has been arrested for, or
has been convicted of, a child abuse crime: full name, race, sex,
date of birth, height, weight, fingerprints, a brief description of
the child abuse crime or offenses for which the person has been
arrested or has been convicted, the disposition of the charge, and
any other information that the Attorney General determines may be
useful in identifying persons arrested for, or convicted of, a child
abuse crime;
(5) the term ``child care'' means the provision of care,
treatment, education, training, instruction, supervision, or
recreation to children by persons having unsupervised access to a
child;
(6) the term ``national criminal history background check
system'' means the criminal history record system maintained by the
Federal Bureau of Investigation based on fingerprint identification
or any other method of positive identification;
(7) the term ``provider'' means--
(A) a person who--
(i) is employed by or volunteers with a qualified
entity;
(ii) who owns or operates a qualified entity; or
(iii) who has or may have unsupervised access to a child
to whom the qualified entity provides child care; and
(B) a person who--
(i) seeks to be employed by or volunteer with a
qualified entity;
(ii) seeks to own or operate a qualified entity; or
(iii) seeks to have or may have unsupervised access to a
child to whom the qualified entity provides child care;
(8) the term ``qualified entity'' means a business or
organization, whether public, private, for-profit, not-for-profit,
or voluntary, that provides child care or child care placement
services, including a business or organization that licenses or
certifies others to provide child care or child care placement
services; and
(9) the term ``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
Guam, and the Trust Territories of the Pacific.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Child Protection Act of 1993 - Establishes a national criminal history background check system (System) to which a designated agency in each State is required to report child abuse crime information, or index such information in the System, for purposes of background checks of child care providers.
(Sec. 2) Directs the Attorney General: (1) subject to availability of appropriations, to establish guidelines for the reporting or indexing of such information and timetables for each State to report; and (2) to publish annually a statistical summary of child abuse crimes and a summary of each State's progress in reporting to the System.
Requires: (1) State agencies to maintain close liaison for the exchange of technical assistance with the National Centers on Child Abuse and Neglect, for Missing and Exploited Children, and for the Prosecution of Child Abuse; and (2) the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study to determine various factors relating to child abuse crimes and offenders.
(Sec. 3) Authorizes a State to have in effect procedures that require qualified entities to contact a State agency to request a nationwide background check. Sets forth requirements of such procedures, including that: (1) no qualified entity may request a background check unless the provider first provides fingerprints and specified other information; (2) each provider subject to a background check is entitled to a copy of any background check report, to challenge its accuracy and completeness, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency; (3) an authorized agency, upon receipt of such a report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data; and (4) such agency shall make a determination whether the provider has been convicted of, or is under pending indictment for, a crime that bears upon an individual's fitness to have responsibility for the safety and well-being of children and shall convey that determination to the qualified entity.
Sets forth provisions regarding liability and fees.
(Sec. 4) Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information.
Directs the Attorney General, subject to appropriations and with preference to States with the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants: (1) for the computerization of, and improvement of existing computerized, criminal history files; (2) to improve accessibility to the System; and (3) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the System.
Authorizes appropriations. Permits the withholding of up to ten percent of an allocation for a fiscal year under the Omnibus Act from a State that is not in compliance with the requirements of this Act. | {"src": "billsum_train", "title": "National Child Protection Act of 1993"} | 2,827 | 651 | 0.733924 | 2.405521 | 0.794384 | 4.532095 | 4.587838 | 0.944257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Database Investment and Intellectual
Property Antipiracy Act of 1996''.
SEC. 2. DEFINITIONS.
``Change of commercial significance'' means a change that a
reasonable user of a database would regard as affecting the quality,
quantity or value of contents of that database as a whole.
``Commerce'' means all commerce that may lawfully be regulated by
Congress.
``Database'' means a collection, assembly or compilation, in any
form or medium now or later known or developed, of works, data or other
materials, arranged in a systematic or methodical way.
``Database maker'' means the natural or juristic person making a
substantial investment, qualitatively or quantitatively, in the
collection, assembly, verification, organization and/or presentation of
the contents of the database. Unless provided otherwise by contract--
(1) where two or more persons qualify as the makers of a
database, they are jointly the database maker;
(2) where a database is made by employees within the scope
of their employment, the employer is the database maker; and
(3) where a database is made pursuant to special order or
commission, the person who ordered or commissioned the database
is the database maker.
``Database management information'' means the name and other
identifying information of the database maker, the name and other
identifying information of the database owner, and terms and conditions
for extraction and use or reuse of the contents of the database.
``Database owner'' means the database maker or the natural or
juristic person who is the database maker's successor in interest.
``Extraction'' means the permanent or temporary transfer of all or
a substantial part of the contents of a database or of a copy or copies
thereof. Such transfer may be to an identical or different medium, and
by any means or in any form, now or later known or developed.
``Governmental entity'' means the United States Government, any
State, any agency or instrumentality of either, and any officer or
employee of any of the foregoing acting in his or her official
capacity.
``Insubstantial part'' of a database means any portion of the
contents of a database whose extraction, use or reuse does not diminish
the value of the database, conflict with a normal exploitation of the
database or adversely affect the actual or potential market for the
database.
``Juristic person'' means any firm, corporation, union,
association, non-profit institution, or other organization capable of
suing and being sued in a court of law, but does not include a
governmental entity.
``Place in commercial use'' means to use or reuse, or to authorize
use or reuse, for direct or indirect commercial advantage or for
financial gain.
``Person'' means any natural person, any juristic person, and any
governmental entity.
``Use'' and ``reuse'' means making available all or a substantial
part, qualitatively or quantitatively, of the contents of a database,
or access to all or such substantial part, whether or not for direct or
indirect commercial advantage or financial gain, by any means now known
or later developed, including any of the following: (i) marketing,
selling, or renting; (ii) in the form of permanent or temporary copies;
or (iii) by distribution, any online or other form of transmission.
SEC. 3. DATABASES SUBJECT TO THE ACT.
(a) A database is subject to the Act if it is the result of a
qualitatively or quantitatively substantial investment of human,
technical, financial or other resources in the collection, assembly,
verification, organization or presentation of the database contents,
and (i) the database is used or reused in commerce; or (ii) the
database owner intends to use or reuse the database in commerce.
(b) A database otherwise subject to this Act shall remain subject,
regardless of whether it is made available to the public or in
commercial use; the form or medium in which it is embodied; or whether
the database or any contents of the database are intellectual
creations.
(c) Except for a database made by a governmental entity, any
database otherwise subject to this Act, is not excluded herefrom
because its contents have been obtained from a governmental entity.
(d) Computer programs are not subject to this Act, including
without limitation any computer programs used in the manufacture,
production, operation or maintenance of a database. However, the
contents of a database otherwise subject to this Act remain subject,
notwithstanding their direct or indirect incorporation in a computer
program or other work.
SEC. 4. PROHIBITED ACTS.
(a) No person shall, without the authorization of the database
owner--
(1) extract, use or reuse all or a substantial part,
qualitatively or quantitatively, of the contents of a database
subject to this Act in a manner that conflicts with the
database owner's normal exploitation of the database or
adversely affects the actual or potential market for the
database;
(2) engage, notwithstanding section 5(a), in the repeated
or systematic extraction, use or reuse of insubstantial parts,
qualitatively or quantitatively, of the contents of a database
subject to this Act in a manner that cumulatively conflicts
with the database owner's normal exploitation of the database
or adversely affects the actual or potential market for the
database; or
(3) procure, direct or commission any act prohibited by
subsections (i) or (ii).
(b) Acts that conflict with a normal exploitation of the database
or adversely affect the actual or potential market for the database
include but are not limited to the extraction, use or reuse of all or a
substantial part of the contents of a database--
(1) in a product or service that directly or indirectly
competes in any market with the database from which it was
extracted; or
(2) in a product or service that directly or indirectly
competes in any market in which the database owner has a
demonstrable interest or expectation in licensing or otherwise
using or reusing the database; or
(3) in a product or service for customers who might
otherwise reasonably be expected to be customers for the
database; or
(4) by or for multiple persons within an organization or
entity in lieu of the authorized additional use or reuse (by
license, purchase or otherwise) of copies of the database by or
for such persons.
SEC. 5. EXCEPTIONS TO PROHIBITED ACTS.
(a) Subject to section 4(a)(ii), a lawful user of a database made
available to the public or placed in commercial use is not prohibited
from extracting, using or reusing insubstantial parts of its contents,
qualitatively or quantitatively, for any purposes whatsoever.
(b) Nothing in this Act shall in any way restrict any person from
independently collecting, assembling or compiling works, data or
materials from sources other than a database subject to this Act.
SEC. 6. DURATION OF PROHIBITIONS.
(a) A database becomes subject to this Act when the necessary
investment has been made to qualify its maker as such under section 2.
The database shall remain subject to this Act for a period of twenty-
five years from the first of January following the date when it was
first made available to the public or the date when it was first placed
in commercial use, whichever is earlier.
(b) Any change of commercial significance, qualitatively or
quantitatively, to a database, including any such change through the
accumulation of successive additions, deletions, reverifications,
alterations, modifications in organization or presentation, or other
modifications, shall make the resulting database subject to this Act
for its own term, as calculated under subsection (a).
SEC. 7. CIVIL REMEDIES FOR VIOLATION OF SECTION 4.
(a) Civil Actions.--A database owner injured by a violation of
section 4 may bring a civil action for such a violation in an
appropriate United States district court without regard to the amount
in controversy: Provided however, That any action against a State
governmental entity may be brought in any court that has jurisdiction
over claims against such entity.
(b) Temporary and Permanent Injunctions.--Any court having
jurisdiction of a civil action arising hereunder shall have the power
to grant temporary and permanent injunctions, according to the
principles of equity and upon such terms as the court may deem
reasonable, to prevent the violation of section 4. Any such injunction
granted upon hearing, after notice to the party sought to be enjoined,
by any district court of the United States, may be served on the party
against whom such injunction is granted anywhere in the United States
where such person may be found, and shall be operative and may be
enforced by proceedings in contempt or otherwise by any United States
district court having jurisdiction over such party.
(c) Impoundment.--At any time while an action hereunder is pending,
the court may order the impounding, on such terms as it deems
reasonable, of all copies of contents of databases extracted and or
used or reused in violation of section 4, and of all masters, tapes,
disks, diskettes, or other articles by means of which such copies may
be reproduced. The court may, as part of a final judgment or decree
finding a violation of section 4, order the remedial modification or
destruction of all copies of contents of databases extracted, used or
reused in violation of section 4, and of all masters, tapes, disks,
diskettes, or other articles by means of which such copies may be
reproduced.
(d) Monetary Relief.--When a violation of section 4 has been
established in any civil action arising hereunder, the plaintiff shall
be entitled, subject to principles of equity, to recover (i)
defendant's profit, (ii) any damages sustained by the plaintiff, and
(iii) the costs of the action. The court shall assess such profits or
damages or cause the same to be assessed under its direction. In
assessing profits the plaintiff shall be required to prove defendant's
sales only; defendant must prove all elements of cost or deduction
claimed. In assessing damages the court may enter judgment, according
to the circumstances of the case, for any sum above the amount found as
actual damages, not exceeding three times such amount. If the court
shall find that the amount of the recovery based on profits is either
inadequate or excessive, the court may in its discretion enter judgment
for such sum as it finds just. The court in its discretion may award
reasonable attorney fees to the prevailing party.
(e) Subsections (b) and (c) shall not apply to any action against
the United States Government.
(f) The relief provided under this section shall be available
against a State governmental entity to the extent allowed by applicable
law.
SEC. 8. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION 4.
(a) Any person who violates section 4 willfully, and--
(1) does so for direct or indirect commercial advantage or
financial gain; or
(2) thereby causes loss or damage to a database owner
aggregating $10,000 or more in any one-year calendar period,
shall be punished as provided in subsection (b).
(b) An offense under subsection (a) shall be punishable by a fine
of not more than $250,000 or imprisonment for not more than five years,
or both. A second or subsequent offense under subsection (a) shall be
punishable by a fine of not more than $500,000, imprisonment for not
more than ten years, or both.
SEC. 9. RELATIONSHIP TO OTHER LAWS.
(a) The remedies against violations hereunder shall be without
prejudice to any remedies under any copyright that may subsist in the
database, any contents of the database, or the selection, coordination
or arrangement of such contents. Such remedies shall not limit, impair,
or otherwise affect the existence, scope or duration of protection
under any such copyright.
(b) Nothing in this Act shall restrict the rights of parties freely
to enter into licenses or any other contracts with respect to databases
or their contents.
(c) Nothing in this Act shall prejudice provisions concerning
copyright, rights related to copyright or any other rights or
obligations in the database or its contents, including laws in respect
of patent, trademark, design rights, antitrust or competition, trade
secrets, data protection and privacy, access to public documents, and
the law of contract.
SEC. 10. CIRCUMVENTION OF DATABASE PROTECTION SYSTEMS.
No person shall import, manufacture or distribute any device,
product, or component incorporated into a device or product, or offer
or perform any service, the primary purpose or effect of which is to
avoid, bypass, remove, deactivate, or otherwise circumvent, without the
authority of the database owner or the law, any process, treatment,
mechanism or system which prevents or inhibits the extraction, use or
reuse of the contents of the database in violation of section 4 hereof.
SEC. 11. INTEGRITY OF DATABASE MANAGEMENT INFORMATION.
(a) False Database Management Information.--No person shall
knowingly provide database management information that is false, or
knowingly publicly distribute or import for public distribution
database management information that is false.
(b) Removal or Alteration of Database Management Information.--No
person shall, without authority of the database owner or the law, (i)
knowingly remove or alter any database management information, (ii)
knowingly distribute or import for distribution database management
information that has been altered without authority of the database
owner or the law; or (iii) knowingly distribute or import for
distribution copies of a database from which database management
information has been removed without the authority of the database
owner or the law.
SEC. 12. CIVIL REMEDIES FOR VIOLATION OF SECTIONS 10 OR 11.
(a) Civil Actions.--Any person injured by a violation of section 10
or section 11 may bring a civil action for such violation in an
appropriate United States district court, without regard to the amount
in controversy: Provided, however, That any action against a State
governmental entity may be brought in any court that has jurisdiction
over claims against such entity.
(b) Powers of the Court.--In an action brought under subsection
(a), the court--
(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation;
(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any device
or product that is in the custody or the control of the alleged
violator and that the court has reasonable cause to believe was
involved in a violation;
(3) may award damages under subsection (c);
(4) in its discretion may allow the recovery of costs by or
against any party other than the United States or an officer
thereof;
(5) in its discretion may award reasonable attorney's fees
to the prevailing party; and
(6) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under subsection (ii).
(c) Awards of Damages.--
(1) In general.--Except as otherwise provided in this Act,
a violator is liable for either (A) the actual damages and any
additional profits of the violator, as provided by subsection
(ii), or (B) statutory damages, as provided by subsection
(iii).
(2) Actual damages.--The court shall award to the
complaining party the actual damages suffered by him or her as
a result of the violation, and any profits of the violator that
are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment is
entered.
(3) Statutory damages.--
(A) At any time before final judgment is entered, a
complaining party may elect to recover an award of
statutory damages for each violation of section 10 in
the sum of not less than $200 or more than $2,500 per
device, product, offer or performance of service, as
the court considers just.
(B) At any time before final judgment is entered, a
complaining party may elect to recover an award of
statutory damages for each violation of section 11 in
the sum of not less than $2,500 or more than $25,000.
(4) Repeated violations.--In any case in which the injured
party sustains the burden of proving, and the court finds, that
a person has violated section 10 or 11 within three years after
a final judgment was entered against that person for another
such violation, the court may increase the award of damages up
to triple the amount that would otherwise be awarded, as the
court considers just.
(5) Innocent violations.--The court in its discretion may
reduce or remit altogether the total award of damages in any
case in which the violator sustains the burden of proving, and
the court finds, that the violator was not aware and had no
reason to believe that its acts constituted a violation.
(d) Subsections (b) (i) and (ii) shall not apply to any action
against the United States Government.
(e) The relief provided under subsection (b) shall be available
against a State governmental entity to the extent allowed by applicable
law.
SEC. 13. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION 11.
Any person who violates section 11 with intent to defraud shall be
fined not more than $500,000 or imprisoned for not more than five
years, or both.
SEC. 14. LIMITATIONS ON ACTIONS.
No action shall be maintained under this Act unless it is commenced
within three years after the database owner knew or should have known
of the claim.
SEC. 15. EFFECTIVE DATE.
(a) This Act shall take effect immediately upon enactment, and
shall be applicable to acts committed on or after that date.
(b) No person shall be liable under this Act for use or reuse of
database contents lawfully extracted from a database, prior to the
effective date of this Act, by that person or by that person's
predecessor in interest. | Database Investment and Intellectual Property Antipiracy Act of 1996 - Specifies that a database is subject to this Act if it is the result of a substantial investment of human, technical, financial, or other resources in the collection, assembly, verification, organization, or presentation of the database contents and the database is used or reused in commerce.
(Sec. 4) Prohibits, without the owner's authorization: (1) extracting, using, or reusing all or a substantial part of the contents of a database in a manner that conflicts with the owner's normal exploitation of, or that adversely affects the actual or potential market for, the database (normal exploitation); (2) engaging in the repeated or systematic extraction, use, or reuse of insubstantial parts of the contents in a manner that cumulatively conflicts with the owner's normal exploitation; or (3) procuring, directing, or committing any such prohibited act.
(Sec. 5) Allows a lawful user of a database made available to the public or placed in commercial use to extract, use, or reuse insubstantial parts of its contents, subject to specified limitations.
(Sec. 6) Specifies that: (1) a database becomes subject to this Act when the necessary investment has been made to qualify its maker as such, and shall remain subject to this Act for a 25-year period; and (2) any change of commercial significance to a database shall make the resulting database subject to this Act for the applicable term.
(Sec. 7) Provides civil remedies for violation of section 4.
(Sec. 8) Sets penalties for willfully violating section 4 for direct or indirect commercial advantage or financial gain, or thereby causing loss or damage to an owner aggregating $10,000 or more in any one-year calendar period.
(Sec. 10) Prohibits circumventing, without the authority of the owner or the law, database protection systems.
(Sec. 11) Prohibits knowingly: (1) providing, or publicly distributing or importing for public distribution, false database management information; and (2) removing or altering database management information without authority of the owner or the law.
(Sec. 12) Authorizes civil actions by persons injured by violations of section 10 or 11.
(Sec. 13) Sets penalties for violations of section 11 with intent to defraud.
(Sec. 14) Bars any action under this Act unless commenced within three years after the owner knew or should have known of the claim. | {"src": "billsum_train", "title": "Database Investment and Intellectual Property Antipiracy Act of 1996"} | 3,992 | 558 | 0.586844 | 2.031449 | 0.722299 | 4.179226 | 7.743381 | 0.940937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democracy Restoration Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas where discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) Two States do not disenfranchise individuals with
criminal convictions at all (Maine and Vermont), but 48 States
and the District of Columbia have laws that deny convicted
individuals the right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under the
supervision of the criminal justice system or after they have
completed a criminal sentence. In 35 States, convicted
individuals may not vote while they are on parole and 31 of
those States disenfranchise individuals on felony probation as
well. In 11 States, a conviction can result in lifetime
disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,850,000 citizens of the United States,
or about 1 in 40 adults in the United States, currently cannot
vote as a result of a felony conviction. Of the 5,850,000
citizens barred from voting, only 25 percent are in prison. By
contrast, 75 percent of the disenfranchised reside in their
communities while on probation or parole or after having
completed their sentences. Approximately 2,600,000 citizens who
have completed their sentences remain disenfranchised due to
restrictive State laws. In 6 States--Alabama, Florida,
Kentucky, Mississippi, Tennessee, and Virginia--more than 7
percent of the total population is disenfranchised.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
must either obtain a pardon or an order from the Governor or an
action by the parole or pardon board, depending on the offense
and State. Individuals convicted of a Federal offense often
have additional barriers to regaining voting rights.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. Eight percent of the
African-American population, or 2,000,000 African-Americans,
are disenfranchised. Given current rates of incarceration,
approximately 1 in 3 of the next generation of African-American
men will be disenfranchised at some point during their
lifetime. Currently, 1 of every 13 African-Americans are
rendered unable to vote because of felony disenfranchisement,
which is a rate 4 times greater than non African-Americans. 7.7
percent of African-Americans are disenfranchised whereas only
1.8 percent of non African-Americans are. In 3 States--Florida
(23 percent), Kentucky (22 percent), and Virginia (20
percent)--more than 1 in 5 African-Americans are unable to vote
because of prior convictions.
(11) Latino citizens are disproportionately disenfranchised
based upon their disproportionate representation in the
criminal justice system. If current incarceration trends hold,
17 percent of Latino men will be incarcerated during their
lifetimes, in contrast to less than 6 percent of non-Latino
White men. When analyzing the data across 10 States, Latinos
generally have disproportionately higher rates of
disenfranchisement compared to their presence in the voting age
population. In 6 out of 10 States studied in 2003, Latinos
constitute more than 10 percent of the total number of persons
disenfranchised by State felony laws. In 4 States (California,
37 percent; New York, 34 percent; Texas, 30 percent; and
Arizona, 27 percent), Latinos were disenfranchised by a rate of
more than 25 percent.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
SEC. 3. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 4. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2014 and may register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2014 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 7. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this Act
shall be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this Act.
(b) Certain Federal Acts.--The rights and remedies established by
this Act are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this Act shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act
(42 U.S.C. 1973-gg).
SEC. 8. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that person has in effect a
program under which each individual incarcerated in that person's
jurisdiction who is a citizen of the United States is notified, upon
release from such incarceration, of that individual's rights under
section 3.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to citizens of the United States voting in any
election for Federal office held after the date of the enactment of
this Act. | Democracy Restoration Act of 2014 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement of, and remedies for violations of, this Act. Prohibits this Act from being construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act. Declares that the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. Sets forth requirements for state and federal notification of individuals of the restoration of their voting rights. Prohibits any state, local government, or other person from receiving or using any federal funds to construct or improve a place of incarceration unless that person has in effect a program to notify each U.S. citizen incarcerated in that person's jurisdiction, upon release from such incarceration, of that individual's rights under this Act. | {"src": "billsum_train", "title": "Democracy Restoration Act of 2014"} | 2,926 | 299 | 0.506287 | 1.505699 | 0.612075 | 5.613169 | 10.777778 | 0.938272 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Medical Cost
Containment Act of 1993''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2.
Section 125A is added to the Code to read as follows:
``SEC. 125A. MEDICAL CARE SAVINGS BENEFITS.
``(a) In General.--A medical care savings benefit is a qualified
benefit which consists of a Health Plan meeting the requirements of
this section that includes, as part thereof, a Medical Care Savings
Account, as set forth in section 408A.
``(b) Establishment of Medical Care Savings Benefit.--A medical
care savings benefit shall be established as a Health Plan which
provides that all or part of the premium differential realized by
instituting a Qualified Higher Deductible Health Plan is credited to a
participating employee during a plan year to pay for medical care
described in section 213(d) subject to the limitations set forth in
subsection (e) hereof. To the extent that any amount remains credited
to that participant at the end of each plan year, such amount shall be
deposited to a section 408(A) medical care savings account (which may
also be referred to as a `Medical IRA') for that participant.
``(c) Payments from Account Balance.--If the plan provides for
level installment payments, the plan may also provide that the maximum
amount of reimbursement at a particular time during the period of
coverage may be limited to the amount of actual contributions to the
participant's benefit account. A participant may be advanced, interest
free, such amounts necessary to cover incurred medical expenses which
exceed the amount then credited to the participant's benefit account,
upon the participant's agreement to repay such advancement from future
installments or upon ceasing to be a participant.
``(d) Reporting.--Employers shall cause to be issued to
participating employees, not less frequently than quarterly, a
statement setting forth amounts remaining in their accounts.
``(e) Limitations on Medical Care Savings Benefits.--For purposes
of this section--
``(1) In general.--In the case of an Employer who has a
Health Plan in existence immediately prior to the adoption of
the Medical Care Savings Benefit, the maximum amount that may
be contributed annually to a participant's benefit account
shall be equal to--
``(A) the cost of that Health Plan for that
participant's type of coverage; plus
``(B) a cost of living adjustment for the calendar
year in which the plan year begins, determined under
section 1(f)(3) of the Code as adjusted annually based
on the CPI-Medical cost of living component.
``(2) Other employers.--In the case of an Employer to whom
paragraph (1) does not apply, the contribution limit shall be
equal to the 67th percentile of the per employee health plan
expenditures (for the calendar year for which such plan begins)
for the type of coverage applicable to such employee based on a
broad representative survey using methodology the same as or
similar to that used by States to develop an average market
premium for small group guarantee access legislation. Such
study may be no broader than each State and may be broken down
into representative surveys for areas within a State. The
amount of such contribution shall be adjusted annually in
accordance with the cost of living adjustment provided for in
subsection (1)(b) of this section.
``(3) Overall limitation.--In no event may any contribution
described above exceed the deductible amount of the Qualified
Higher Deductible Plan.
``(f) Health Plan.--The term `Health Plan' means an employee
welfare benefit plan providing medical care (as defined in section
213(d) of the Internal Revenue Code of 1954) to participants or
beneficiaries directly or through insurance, reimbursement, or
otherwise.
``(g) Qualified Higher Deductible Plan.--The term `Qualified Higher
Deductible Plan' is a Health Plan which provides for payment of covered
benefits in excess of the higher deductible, which higher deductible
shall not exceed $5,000 in 1993 and, adjusted annually thereafter for
increases in the cost of living in accordance with regulations
prescribed by the Secretary.
``(h) Coordination With Health Flexible Spending Accounts.--If,
during a Plan Year, a participating employee has a Medical Care Savings
Benefit in effect and a health flexible spending account established
under section 125, coverage under the health flexible spending account,
for the type of medical expenses that may be reimbursed under the
Medical Care Savings Benefit, would be limited to 100 percent of the
deductible under the Qualified Higher Deductible Plan, less the amount
credited in the current year to the Employee's Medical Care Savings
Benefit Account. For purposes of section 125, a Medical Care Savings
Benefit is not considered to involve the deferral of compensation for
purposes of the Code.
``(i) Separate Determinations for Categories of Employees and
Separate Lines of Business.--Contributions to Health Plans established
by an Employer may be separately determined on the basis of:
``(1) Types of coverage.
``(2) Reasonable classifications of employees based on such
classifications as hours of work per week, retirement status,
coverage by a collective bargaining agreement.
``(3) Employees within separate lines of business, within
the meaning of section 414(r).
``(j) Other Definitions for Purposes of this Section.--
``(1) Employee.--The term `employee' means any individual
employed by an Employer, including--
``(A) an individual who is employee within the
meaning of section 401(c)(1); and
``(B) former employees.
``(2) Types of coverage.--The types of coverage are--
``(A) self-only coverage; and
``(B) coverage other than self-only coverage.
``(k) Preventative Health Care.--By allowing medical expenses
payable from a medical care savings benefit to be those permitted under
section 213(d) of the Internal Revenue Code, participating employees
are encouraged to use this benefit to promote good health, to use
preventative medical and health procedures, and to seek appropriate
consultative and second opinions.
``(l) Nonduplication of Benefits.--Policies issued as a part of a
medical care savings benefit shall not be required to duplicate
expenses that may be proper expenses covered by the medical care
savings benefit. Additionally, the Qualified Higher Deductible Plan may
provide that the deductible specified in the insurance policy may be
increased by the amount of any benefits payable by any other health
benefits program or plan.''.
SEC. 3. MEDICAL CARE SAVINGS ACCOUNT.
(a) In General.--Chapter 1 (relating to normal taxes and surcharge)
is amended by adding after section 408 the following new section:
``SEC. 408A. MEDICAL CARE SAVINGS ACCOUNTS.
``(a) Medical Care Savings Accounts.--For purposes of this section,
the term `medical care savings account' (which may also be referred to
as a `Medical IRA') means a trust created or organized in the United
States for the exclusive benefit of an individual, the individual's
dependents (as defined in section 152) or beneficiaries, but only if
the written instrument creating the trust meets the following
requirements:
``(1) No contribution will be accepted unless it is in
cash.
``(2) The trustee is a bank (as defined in subsection (d)),
insurance company (as defined in section 816), or such other
person who demonstrates to the satisfaction of the Secretary
that the manner in which such other person will administer the
trust will be consistent with the requirements of this section.
``(3) No part of the trust funds will be invested in life
insurance contracts.
``(4) The interest of an individual in the balance of the
account is nonforfeitable.
``(5) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(b) Tax Treatment of Accounts.--
``(1) Exemption from tax.--Any medical care savings account
is exempt from taxation under this subtitle unless such account
has ceased to be a medical care savings account by reason of
paragraph (2) or (3): Provided, however, That earnings on such
account shall be taxable. Notwithstanding the preceding
sentence, any such account is subject to the taxes imposed by
section 511 (relating to imposition of tax on unrelated
business income of charitable, etc. organizations).
``(2) Loss of exemption of account where employee engages
in prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit any medical care
savings account is established, that individual,
dependent, or his beneficiary engages in any
transaction prohibited by section 4975 with respect to
such account, such account ceases to be a medical care
savings account as of the first day of such taxable
year. For purposes of this paragraph the individual for
whose benefit any account was established is treated as
the creator of such account.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
a medical savings account by reason of subparagraph (A)
as of the first day of any taxable year, section 511
shall apply as if there were a distribution on such
first day in an amount equal to the fair market value
(on such first day) of all assets in the account (on
such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year of the individual for whose benefit a medical
care savings account is established, that individual uses the
account or any portion thereof as security for a loan, the
portion so used is treated as distributed to that individual.
``(4) Commingling medical care savings account amounts in
certain common trust funds and common investment funds.--Any
common trust fund or common investment fund of individual
medical care savings account assets which is exempt from
taxation under this subtitle does not cease to be exempt on
account of the participation or inclusion of assets of a trust
exempt from taxation under section 501(a) which is described in
section 401(a).
``(c) Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of a medical
savings account shall be included in gross income by the
distributee.
``(2) Distributions for medical expenses.--Distributions
from a medical care savings account shall not be taxable to the
distributee, for amounts paid directly or indirectly for
medical expenses as defined in section 213(d).
``(3) 10 percent additional tax for early withdrawals.--
Distributions described in paragraph 1 and not described in
paragraph 2 shall be subject to an additional 10 percent tax
for distributions made prior to age 59\1/2\ of the distributee.
``(4) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution which shall not be
included in the gross income of the distributee if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--Paragraph (1) does not apply to
any amount paid or distributed out of a medical care
savings account to the individual for whose benefit the
account is maintained if the entire amount received is
paid into a medical care savings account for the
benefit of such individual not later than the sixtieth
day after the day on which he receives the payment or
distribution.
``(B) Limitation.--This paragraph does not apply to
any amount described in paragraph (A) received by an
individual from a medical savings account if at any
time during the one-year period ending on the day of
such receipt such individual received any other amount
described in that subparagraph from a medical care
savings account which was not includible in his gross
income because of the application of this paragraph.
``(C) Denial of rollover treatment for inherited
accounts, etc.--
``(i) In general.--In the case of an
inherited medical savings account--
``(I) this paragraph shall not
apply to any amount received by an
individual from such an account (and no
amount transferred from such account to
another medical care savings account
shall be excluded from gross income by
reason of such transfer), and
``(II) such inherited account shall
not be treated as a medical care
savings account for purposes of
determining whether any other amount is
a rollover contribution.
``(ii) Inherited medical care savings
account.--
``(I) the individual for whose
benefit the account is maintained
acquired such account by reason of the
death of another individual, and
``(II) such individual was not the
surviving spouse of such other
individual.
``(d) Bank.--For purposes of subsection (a)(2), the term `bank'
means--
``(1) a bank (as defined in section 581),
``(2) an insured credit union (within the meaning of
section 101(6) of the Federal Credit Union Act), and
``(3) a corporation which, under the laws of the State of
its incorporation, is subject to supervision and examination by
the Commissioner of Banking or other officer of such State in
charge of the administration of the banking laws of such
State.''.
SEC. 4. EFFECTIVE DATES.
The amendments made by this Act shall apply to years beginning
after December 31, 1993.
SEC. 5. OVERALL EFFECT ON TAX DEDUCTIBILITY.
This Act is not intended to change the Code's current tax treatment
of employer-provided coverage under accident and health plans. | Medical Cost Containment Act of 1993 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses. | {"src": "billsum_train", "title": "Medical Cost Containment Act of 1993"} | 3,144 | 128 | 0.612391 | 1.559478 | 0.671536 | 4.266667 | 27.466667 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan County Telecommunications
Rights Act of 2014''.
SEC. 2. MODIFICATION OF LOCAL TELEVISION MARKETS.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. MODIFICATION OF LOCAL TELEVISION MARKETS.
``(a) In General.--The adjacent underserved county of a television
broadcast station may file with the Commission a petition for the
inclusion of such county in the local market of such station. Not later
than 120 days after receiving such a petition, the Commission shall
grant such petition by modifying the local market of such station by
including such county in such market.
``(b) Multiple Markets.--The Commission may determine under
subsection (a) that a particular county is part of the local market of
more than one television broadcast station affiliated with the same
television network.
``(c) Single Petition.--A county may request the inclusion of such
county in the local market of more than one television broadcast
station in a single petition filed under subsection (a).
``(d) Point of Contact With County.--A county that files a petition
under subsection (a) shall designate an official or body to communicate
with the Commission about matters relating to such petition.
``(e) Carriage During Pendency of Proceeding.--During the pendency
of a proceeding on a petition under subsection (a) for the inclusion of
a county in the local market of a television broadcast station, a
multichannel video programming distributor may not delete from carriage
the signal of a television broadcast station--
``(1) that is affiliated with the same television network;
and
``(2) the local market of which includes such county.
``(f) Definitions.--In this section:
``(1) Adjacent market.--
``(A) In general.--The term `adjacent market'
means, with respect to a television broadcast station,
any designated market area adjacent to, and partially
but not entirely in the same State as, the designated
market area in which the station's community of license
is located.
``(B) Treatment of certain counties.--In the case
of a county that is not within the local market or the
adjacent market (as defined in subparagraph (A)) of any
network station licensed to a community in the State in
which such county is located, such county shall be
considered to be within the adjacent market of any
television broadcast station licensed to a community in
the nearest designated market area--
``(i) that is located in whole or in part
within such State; and
``(ii) with respect to which the community
of license of at least one network station is
located both in such designated market area and
in such State.
``(2) Adjacent underserved county.--The term `adjacent
underserved county' means, with respect to a television
broadcast station, a county within the station's adjacent
market that is both--
``(A) located in the same State as the station's
community of license; and
``(B) not within the local market of any other
station that is both affiliated with the same
television network and located in the same State.
``(3) Cable operator.--The term `cable operator' has the
meaning given such term in section 602.
``(4) County.--The term `county' means a county, parish, or
similar political subdivision of a State of the type generally
used in determining the boundaries of designated market areas.
``(5) Designated market area.--The term `designated market
area' has the meaning given such term in section 122(j)(2)(C)
of title 17, United States Code.
``(6) Local market.--The term `local market' means, with
respect to a television broadcast station--
``(A) for purposes of carriage of such station by
satellite carriers, the local market of such station as
determined under section 122(j)(2) of title 17, United
States Code; and
``(B) for purposes of carriage of such station by
cable operators, the television market of such station
as determined under section 614(h)(1)(C).
``(7) Multichannel video programming distributor.--The term
`multichannel video programming distributor' has the meaning
given such term in section 602.
``(8) Network station.--The term `network station' has the
meaning given such term in section 119(d) of title 17, United
States Code.
``(9) Satellite carrier.--The term `satellite carrier' has
the meaning given such term in section 119(d) of title 17,
United States Code.
``(10) Television broadcast station.--The term `television
broadcast station' has the meaning given such term in section
325(b).
``(11) Television network.--The term `television network'
has the meaning given such term in section 339(d).''.
(b) Effect for Purposes of Cable Carriage.--Section 614(h)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended--
(1) by moving the margin of clause (iv) two ems to the
left; and
(2) by adding at the end the following:
``(v) If the Commission modifies the local market
of a television broadcast station under section 343 by
including a county in such market, the Commission shall
include within the television market of such station
for purposes of this section all of the communities
within such county.''.
(c) Effect for Purposes of Satellite Carriage.--Section 122(j)(2)
of title 17, United States Code, is amended by adding at the end the
following:
``(E) Modification by fcc.--If the Federal
Communications Commission modifies the local market of
a television broadcast station under section 343 of the
Communications Act of 1934, such modification shall
modify the local market of such station as determined
under this paragraph.''. | Orphan County Telecommunications Rights Act of 2014 - Amends the Communications Act of 1934 to permit an adjacent underserved county of a television broadcast station to file a petition with the Federal Communications Commission (FCC) to be included in the local market of such station. Defines "adjacent underserved county" as a county within a television broadcast station's adjacent market that is: (1) located in the same state as the station's community of license, and (2) not within the local market of any other station that is affiliated with the same television network and located in the same state. Defines "adjacent market" as any designated market area adjacent to, and partially but not entirely in the same state as, the designated market area in which the station's community of license is located. Requires a county that is not within the local or adjacent market of any network station licensed to a community in the county's state to be considered within the adjacent market of any station licensed to a community in the nearest designated market area: (1) that is located in whole or in part within such state, and (2) with respect to which the community of license of at least one network station is located both in such designated market area and in such state. Allows the FCC to determine that a particular county is part of the local market of more than one television broadcast station affiliated with the same television network. Prohibits a multichannel video programming distributor, during the pendency of a proceeding on a county's petition for inclusion in the local market of a television broadcast station, from deleting the signal of a station that: (1) is affiliated with the same television network, and (2) has a local market that includes such county. Directs the FCC, if the local market of a television broadcast station is modified to include a petitioning county, to include within the television market of such station all of the communities within such county for purposes of carriage obligation requirements under which cable operators carry the signals of local commercial television stations. Requires the FCC's modification of a station's local market under this Act to also result in a modification of such marketfor purposes of statutory licensing requirements that apply to secondary transmissions of local television programming by satellite. | {"src": "billsum_train", "title": "Orphan County Telecommunications Rights Act of 2014"} | 1,411 | 501 | 0.782332 | 1.895604 | 0.812731 | 4.738532 | 2.850917 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Energy Enhancement Act
of 2005''.
SEC. 2. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF.
(a) In General.--Section 8 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337) is amended by adding at the end the following:
``(p)(1) The Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating and other relevant
departments and agencies of the Federal Government, may grant a lease,
easement, right-of-way, license, or permit on the outer Continental
Shelf for activities not otherwise authorized under this Act, the
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), the Ocean Thermal
Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.), or other
applicable law, if those activities support or promote--
``(A) exploration, development, production, transportation,
or storage of oil, natural gas, or other minerals;
``(B) production, transportation, or transmission of energy
from sources other than oil and gas; or
``(C) use, for energy-related or marine-related purposes,
of facilities in use on or before the date of enactment of this
subsection for activities authorized under this Act.
``(2)(A)(i) Subject to paragraph (3), the Secretary shall establish
reasonable forms of payment for any lease, easement, right-of-way,
license, or permit under this subsection, including a royalty, fee,
rental, bonus, or other payment, as the Secretary determines to be
appropriate.
``(ii) The Secretary may establish a form of payment described in
clause (i) by rule or by agreement with the holder of the lease,
easement, right-of-way, license, or permit.
``(B) In establishing a form of, or schedule relating to, a payment
under subparagraph (A), the Secretary shall take into consideration the
economic viability of a proposed activity.
``(C) The Secretary may, by rule, provide for relief from or
reduction of a payment under subparagraph (A)--
``(i) if, without the relief or reduction, an activity
relating to a lease, easement, right-of-way, license, or permit
under this subsection would be uneconomical;
``(ii) to encourage a particular activity; or
``(iii) for another reason, as the Secretary determines to
be appropriate.
``(D) If the holder of a lease, easement, right-of-way, license, or
permit under this subsection fails to make a payment by the date
required under a rule or term of the lease, easement, right-of-way,
license, or permit, the Secretary may require the holder to pay
interest on the payment in accordance with the underpayment rate
established under section 6621(a)(2) of the Internal Revenue Code of
1986, for the period--
``(i) beginning on the date on which the payment was due;
and
``(ii) ending on the date on which the payment is made.
``(E)(i) The Secretary may allow a credit in the amount of any
excess payment made by the holder of a lease, easement, right-of-way,
license, or permit under this subsection or provide a refund in the
amount of the excess payment from the account to or in which the excess
payment was paid or deposited.
``(ii) The Secretary shall pay, or allow the holder of a lease,
easement, right-of-way, license, or permit under this subsection a
credit in the amount of, any interest on an amount refunded or credited
under clause (i) in accordance with the overpayment rate established
under section 6621(a)(1) of the Internal Revenue Code of 1986, for the
period--
``(I) beginning on the date on which the Secretary received
the excess payment; and
``(II) ending on the date on which the refund or credit is
provided.
``(F)(i) The Secretary, in coordination with the Administrator of
the National Oceanic and Atmospheric Administration, may establish
reasonable forms of payment, as determined by the Secretary, for a
license issued under the Ocean Thermal Energy Conversion Act of 1980
(42 U.S.C. 9101 et seq.), including a royalty, fee, rental, bonus, or
other payment, as the Secretary determines to be appropriate, in
addition to the administrative fee under section 102(h) of that Act (42
U.S.C. 9112(h)).
``(ii) A form of payment under clause (i) may be established by
rule or by agreement with the holder of the lease, easement, right-of-
way, license, or permit.
``(3)(A) Any funds received by the Secretary from a holder of a
lease, easement, right-of-way, license, or permit under this subsection
shall be distributed in accordance with this paragraph.
``(B)(i) If a lease, easement, right-of-way, license, or permit
under this subsection covers a specific tract of, or regards a facility
located on, the outer Continental Shelf and is not an easement or
right-of-way for transmission or transportation of energy, minerals, or
other natural resources, the Secretary shall pay 50 percent of any
amount received from the holder of the lease, easement, right-of-way,
license, or permit to the State off the shore of which the geographic
center of the area covered by the lease, easement, right-of-way,
license, permit, or facility is located, in accordance with Federal law
determining the seaward lateral boundaries of the coastal States.
``(ii) Not later than the last day of the month after the month
during which the Secretary receives a payment from the holder of a
lease, easement, right-of-way, license, or permit described in clause
(i), the Secretary shall make payments in accordance with clause (i).
``(C)(i) The Secretary shall deposit 20 percent of the funds
described in subparagraph (A) to a special account maintained and
administered by the Secretary to provide research and development
grants for improving energy technologies.
``(ii) An amount deposited under clause (i) shall remain available
until expended, without further appropriation.
``(D) The Secretary shall credit 5 percent of the funds described
in subparagraph (A) to the annual operating appropriation of the
Minerals Management Service.
``(E) The Secretary shall deposit any funds described in
subparagraph (A) that are not deposited or credited under subparagraphs
(B) through (D) in the general fund of the Treasury.
``(F) This paragraph does not apply to any amount received by the
Secretary under section 9701 of title 31, United States Code, or any
other law (including regulations) under which the Secretary may recover
the costs of administering this subsection.
``(4) Before carrying out this subsection, the Secretary shall
consult with the Secretary of Defense and other appropriate Federal
agencies regarding the effect of this subsection on national security
and navigational obstruction.
``(5)(A) The Secretary may issue a lease, easement, right-of-way,
license, or permit under paragraph (1) on a competitive or
noncompetitive basis.
``(B) In determining whether a lease, easement right-of-way,
license, or permit shall be granted competitively or noncompetitively,
the Secretary shall consider factors including--
``(i) prevention of waste and conservation of natural
resources;
``(ii) the economic viability of a project;
``(iii) protection of the environment;
``(iv) the national interest and national security;
``(v) human safety;
``(vi) protection of correlative rights; and
``(vii) the potential return of the lease, easement, right-
of-way, license, or permit.
``(6) The Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating, other relevant
Federal agencies, and affected States, as the Secretary determines
appropriate, shall promulgate any regulation the Secretary determines
to be necessary to administer this subsection to achieve the goals of--
``(A) ensuring public safety;
``(B) protecting the environment;
``(C) preventing waste;
``(D) conserving the natural resources of, and protecting
correlative rights in, the outer Continental Shelf;
``(E) protecting national security interests;
``(F) auditing and reconciling payments made and owed by
each holder of a lease, easement, right-of-way, license, or
permit under this subsection to ensure a correct accounting and
collection of the payments; and
``(G) requiring each holder of a lease, easement, right-of-
way, license, or permit under this subsection to--
``(i) establish such records as the Secretary
determines to be necessary;
``(ii) retain all records relating to an activity
under a lease, easement, right-of-way, license, or
permit under this subsection for such period as the
Secretary may prescribe; and
``(iii) produce the records on receipt of a request
from the Secretary.
``(7) Section 22 shall apply to any activity relating to a lease,
easement, right-of-way, license, or permit under this subsection.
``(8) The Secretary shall require the holder of a lease, easement,
right-of-way, license, or permit under this subsection to--
``(A) submit to the Secretary a surety bond or other form
of security, as determined by the Secretary; and
``(B) comply with any other requirement the Secretary
determines to be necessary to protect the interests of the
United States.
``(9) Nothing in this subsection displaces, supersedes, limits, or
modifies the jurisdiction, responsibility, or authority of any Federal
or State agency under any other Federal law.
``(10) This subsection does not apply to any area on the outer
Continental Shelf designated as a National Marine Sanctuary.''.
(b) Conforming Amendment.--Section 8 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337) is amended in the section heading by
striking ``leasing'' and all that follows and inserting ``leases,
easements, and rights-of-way on the outer continental shelf.''.
(c) Savings Provision.--Nothing in the amendment made by subsection
(a) requires any resubmission of documents previously submitted or any
reauthorization of actions previously authorized with respect to any
project--
(1) for which offshore test facilities have been
constructed before the date of enactment of this Act; or
(2) for which a request for proposals has been issued by a
public authority. | Alternative Energy Enhancement Act of 2005 - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant a lease, easement, right-of-way, license, or permit on the outer Continental Shelf for activities not otherwise authorized under specified statutes if those activities support or promote: (1) exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (2) production, transportation, or transmission of energy from sources other than oil and gas; or (3) use, for energy-related or marine-related purposes, of facilities in use on or before enactment this Act.
Prescribes implementation and payment procedures.
Declares this Act inapplicable to any area on the outer Continental Shelf designated as a National Marine Sanctuary. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to promote uses on the Outer Continental Shelf."} | 2,479 | 168 | 0.624773 | 1.64055 | 0.774338 | 7.357143 | 15.051948 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Useful Research
Expenditures is Key for Alzheimer's Act'' or the ``EUREKA Act''.
SEC. 2. AUTHORIZATION OF NATIONAL ALZHEIMER'S AND DEMENTIA RESEARCH
BREAKTHROUGH PRIZE COMPETITIONS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. NATIONAL ALZHEIMER'S AND DEMENTIA RESEARCH BREAKTHROUGH
PRIZE COMPETITIONS.
``(a) In General.--The Director of NIH, in consultation with the
Director of the National Science Foundation, the Director of the
Defense Advanced Research Projects Agency, the Commissioner of Food and
Drugs, the Director of the Intelligence Advanced Research Projects
Activity, and the heads of any other appropriate Federal agencies that
have experience in prize competitions, shall establish prize
competitions. The competitions shall be designed to achieve high-
priority breakthroughs to achieve the national goals of preventing and
treating Alzheimer's disease by 2025, enhancing quality and efficiency
of care for individuals with Alzheimer's disease, and expanding
supports for individuals with Alzheimer's disease and the family
caregivers of such individuals.
``(b) EUREKA Prize Competitions.--
``(1) In general.--The Director of NIH, in consultation
with the Director of the National Science Foundation, the
Director of the Defense Advanced Research Projects Agency, the
Commissioner of Food and Drugs, the Director of the
Intelligence Advanced Research Projects Activity, and the heads
of any other appropriate Federal agencies that have experience
in prize competitions, and when appropriate, in coordination
with private organizations, shall establish EUREKA prize
competitions to accelerate breakthroughs in the area of
Alzheimer's disease and dementia that lead to the attainment of
critical milestones set forth in the competitions. The
competitions may be in any of the following areas:
``(A) Identification and validation of non-invasive
biomarkers to inform therapeutic targeting.
``(B) Identification of scalable, non-invasive
means of early detection and diagnosis of Alzheimer's
disease.
``(C) Repurposing of a drug approved by the Food
and Drug Administration as a disease-modifying
treatment for Alzheimer's disease.
``(D) Innovations, including technological or
telemedicine, to improve care of individuals with
Alzheimer's disease or dementia and to ease the burden
of caregiving for such individuals, including cost
burdens.
``(E) Breakthroughs to overcome a significant
scientific barrier to understanding the pathology of
Alzheimer's disease.
``(F) Other Alzheimer's disease and dementia needs,
as appropriate and as determined by the Advisory
Council described in subsection (c).
``(G) Other areas, as the Director of NIH
determines appropriate.
``(2) Publication.--The Director of NIH shall publish each
competition that is offered in the Federal Register, including
the specific award amounts offered, applicable deadlines, and
other eligibility criteria.
``(3) Eligibility.--To be eligible to win a prize under
this section, an individual or private organization--
``(A) shall have registered to participate in the
competition under any rules promulgated by the Director
of NIH under paragraph (2);
``(B) shall have complied with all the requirements
under this section;
``(C) in the case of a private organization, shall
be incorporated in and maintain a primary place of
business in the United States, and in the case of an
individual, whether participating singly or in a group,
shall be a citizen or permanent resident of the United
States, unless the Director of NIH waives such
requirement with respect to an organization or
individual; and
``(D) may not be a Federal entity or Federal
employee acting within the scope of their employment.
``(c) Advisory Council.--Not later than 1 year after the date of
enactment of the EUREKA Act, the Director of NIH shall convene an
Advisory Council of nongovernmental experts in Alzheimer's disease and
dementia to devise development of EUREKA prize competitions under
subsection (b). The council shall be comprised of 8 members,
including--
``(1) 2 experts from private organizations with expertise
in managing multi-faceted prize competitions;
``(2) 2 experts in Alzheimer's disease and dementia
biomedical research;
``(3) 2 experts in Alzheimer's disease and dementia therapy
development, including individuals with expertise in designing
and executing human clinical trials; and
``(4) 2 individuals from the caregiver or patient advocacy
community.
``(d) Evaluation of Submissions.--The Director of NIH, in
consultation with the Advisory Council, shall appoint a panel of
judges, from within or outside the National Institutes of Health,
including from the private sector, to review and evaluate all
submissions for EUREKA competitions. The judging panel shall forward
recommendations to the Director of NIH and the Advisory Council. The
Director of NIH shall evaluate all submissions recommended by the
judging panel and select submissions for which the prize shall be
awarded. In reviewing submissions and selecting awardees, the Director
of NIH may seek technical assistance and expertise from other Federal
agencies or external sources, as appropriate.
``(e) Administering the Competitions.--The Director of NIH may
enter into an agreement with a private organization to administer prize
competitions, subject to the provisions of this section.
``(f) Applicability of Other Provisions.--Subsections (e), (h),
(i), and (j) of section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 shall apply to this section. In applying such
subsection (h) to this section, the reference to subsection (g) shall
be deemed to be a reference to subsection (b) of this section.
Paragraphs (2) and (3) of subsection (k) of section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 shall apply to the
appointment and functioning of the panel of judges described in
subsection (d).
``(g) Exemption From FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the advisory council established under
subsection (c) or the judging panel appointed under subsection (d).
``(h) Private Organizations.--In this section, the term `private
organizations' means nongovernmental entities, including nonprofit and
for-profit entities.
``(i) Funding.--
``(1) In general.--Support for a prize competition under
this section, including financial support for the design and
administration of a prize competition or monetary contributions
or gifts of property for a prize purse, may consist of Federal
appropriated funds, funds provided by private organizations,
and individuals. The Director of NIH may solicit and accept
funds from other Federal agencies, from private organizations,
and individuals to support such prize competitions. The
Director of NIH may not give any special consideration to any
individual or private organization in return for a donation.
``(2) Authorization of appropriations.--To carry out this
section, there are authorized to be appropriated not more than
$10,000,000, for each of fiscal years 2017 through 2021. Any
funds appropriated under this paragraph shall remain available
until September 30, 2025.
``(3) Clarification.--Any funds made available through this
section shall supplement, not supplant, other funding made
available for research on Alzheimer's disease and related
dementia.''. | Ensuring Useful Research Expenditures is Key for Alzheimer's Act or the EUREKA Act This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to establish EUREKA prize competitions to achieve high-priority breakthroughs in Alzheimer's disease and dementia prevention, diagnosis, treatment, and care. The NIH must: (1) convene an advisory council of nongovernmental experts in Alzheimer's disease and dementia to develop the EUREKA prize competitions, and (2) appoint a panel of judges to evaluate submissions. The council and panel are not subject to the Federal Advisory Committee Act. Support for EUREKA prize competitions may be provided by private organizations and individuals. | {"src": "billsum_train", "title": "EUREKA Act"} | 1,704 | 160 | 0.621575 | 1.773909 | 0.720819 | 3.5 | 12.15873 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holley Lynn James Act''.
SEC. 2. DEPARTMENT OF DEFENSE POLICY ON SEXUAL ASSAULT AND DOMESTIC
VIOLENCE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130e. Policy on sexual assault and domestic violence
``(a) Office of the Deputy Inspector General for Policy and
Oversight.--The Deputy Inspector General for Policy and Oversight of
the Department of Defense shall develop and maintain a Department-wide
sexual assault prevention and response policy and domestic violence
policy and shall provide oversight within the Department with respect
to such policies. The Deputy Inspector General shall--
``(1) develop overall policy and provide guidance for the
Sexual Assault Prevention and Response Program of the
Department;
``(2) develop overall policy and provide guidance for
domestic violence prevention and response within the
Department;
``(3) provide guidance and technical assistance to the
heads of the military departments in addressing matters
concerning sexual assault and domestic violence prevention and
response;
``(4) develop strategic program guidance, joint planning
objectives, and identify legislative changes needed to ensure
the future availability of resources in support of Department
sexual assault and domestic violence prevention and response
policies;
``(5) maintain sexual assault and domestic violence data
collected from each of the military departments;
``(6) acquire the quarterly and annual sexual assault
prevention and response data from each of the military
departments and assemble the annual reports involving members
of the Armed Forces;
``(7) ensure that the annual report required to be
submitted under section 577(f) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 10 U.S.C. 116 note) includes information on the commands
of the victim and accused in any sexual assault or domestic
violence case;
``(8) develop metrics to measure compliance and the
effectiveness of sexual assault and domestic violence
prevention and response training and awareness objectives;
``(9) review and analyze data collected by the head of each
of the military departments;
``(10) establish reporting categories and monitor specific
goals for use in producing the Secretary's annual assessment of
each military department required under section 577(f)(3) of
such Act;
``(11) collaborate with appropriate Federal and State
agencies that address sexual assault and domestic violence
prevention and response issues and serve as liaison to the
committees and advisory groups of such agencies, as
appropriate; and
``(12) ensure the maintenance of documents relating to--
``(A) complaints of sexual assault and domestic
violence;
``(B) trials of members of the Armed Forces for
sexual assault and domestic violence; and
``(C) any medical treatment received by an alleged
victim of sexual assault or domestic violence for
complete reporting in the service records of the
victim.
``(b) Responsibilities of the Secretary of Defense.--The Secretary
of Defense shall--
``(1) cooperate with the oversight, investigations, and
policy advice of the Deputy Inspector General for Policy and
Oversight in accordance with the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.); and
``(2) acting through the General Counsel of the Department
of Defense, provide advice and assistance to the Deputy
Inspector General for Policy and Oversight on all legal
matters, including the review and coordination of all proposed
policies, regulations, directives, instructions, and proposed
exceptions to policy and the review of all legislative
proposals affecting the responsibilities of the Deputy
Inspector General under subsection (a).
``(c) Reporting Requirements.--The Deputy Inspector General for
Policy and Oversight shall determine the feasibility of establishing a
database that would be known as the `Military Sexual Predator
Database'. Such a database would include--
``(1) the capability to report and register sex offenders
who are members of the Armed Forces; and
``(2) the capability to effectively coordinate with the
National Sex Offender Registry established under section 119 of
the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16919).
``(d) Authorization for Additional Personnel.--For the purposes of
completing the functions of this section, the Deputy Inspector General
may select, appoint, and employ such officers and employees as may be
necessary for carrying out the duties of the Inspector General, subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130e. Policy on sexual assault and domestic violence.''.
SEC. 3. DISPOSITION OF RAPE, SEXUAL ASSAULT OR SEXUAL HARASSMENT AND
DOMESTIC VIOLENCE CASES WITHIN THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Amendment to Title 10.--Subchapter XI of chapter 47 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 940A. Art. 140A. Disposition of rape, sexual assault, sexual
harassment, and domestic violence cases
``(a) Special Disposition.--Notwithstanding any other provision of
law, there shall be special disposition for charges stemming from a
sexual-related offense and charges involving an allegation of domestic
violence committed by a member of the Armed Forces as follows:
``(1) A case involving such charges shall automatically be
referred to a general court-martial convening authority, as
described in section 818 of this title (article 18).
``(2) The staff judge advocate shall provide detailed
billets for prosecutors in cases involving allegations of rape
or sexual assault, to be filled by a field-grade officer of the
Judge Advocate General's Corps with a rank of O-4 or higher.
``(3) In a case involving an accusation of rape, sexual
assault, harassment, or domestic violence, the facts of the
case shall be given precedence over the value to the service of
the accused.
``(4) In a case involving an accusation of rape, sexual
assault, or harassment, the accused will not be eligible for
non-judicial punishment or administrative punishment if found
guilty.
``(b) Victim's Rights.--A victim in a case involving allegations of
rape, sexual assault, harassment, or domestic violence shall have
rights as follows:
``(1) The Secretary concerned shall provide counsel for the
victim, in the same manner as counsel is provided for an
accused under section 827(b) of this title (article 27), for
any investigation or courts-martial proceeding relating to the
case.
``(2) All communications between a victim and a victim's
advocates or the victim's counsel shall be considered
privileged communications for purposes of the case and any
proceedings relating to the case.
``(3) A victim may appeal the decision of a general court
martial in the case to the appropriate Court of Criminal
Appeals under section 866 of this title (article 66).
``(c) Revision of Manual for Courts-Martial.--The Joint Service
Committee on Military Justice shall amend the Manual for Courts-Martial
to reflect this section, with especially section 306 of such manual
concerning disposition.
``(d) Purpose.--The purpose of this section is to assure proper
treatment of sexual assault cases in military judicial system, remove
cases from chain of command that may contain both victim and accused,
prevent non-judicial punishment and determination being decided in case
by unqualified personnel without legal experience, considers the rights
of the victim.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter XI the following new item:
``940A. Art. 140A. Disposition of rape, sexual assault, sexual
harassment, and domestic violence cases.''.
SEC. 4. ALLOWANCE OF CLAIMS BY MEMBERS OF THE ARMED FORCES AGAINST THE
UNITED STATES FOR CERTAIN INJURIES RELATING TO OR ARISING
OUT OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
(a) In General.--Chapter 171 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2681. Certain claims by members of the Armed Forces of the
United States
``(a) Notwithstanding section 2680, a claim may be brought against
the United States under this chapter for damages or other appropriate
relief for any act or omission related to or arising out of covered
assaultive conduct or failure to prevent or properly investigate or
prosecute covered assaultive conduct.
``(b) In this section, the term `covered assaultive conduct' means
sexual assault or harassment, domestic violence, assault and battery,
intentional infliction of emotional distress, false imprisonment, or
discrimination or negligent hiring, supervision, promotion, or
retention.
``(c) For purposes of claims brought under this section, in the
case of an act or omission occurring outside the United States--
``(1) the law that applies to the act or omission shall be
the law of the place where the claimant is domiciled within the
United States, or, if there is no place where the claimant is
so domiciled, the law of the place the claimant has identified
as the claimant's home of record for military purposes; and
``(2) any choice-of-law rules which would require the
application of foreign or international law shall be
disregarded.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 171 of title 28, United States Code, is amended by adding at
the end the following:
``2681. Certain claims by members of the Armed Forces of the United
States.''. | Holley Lynn James Act - Directs the Deputy Inspector General for Policy and Oversight of the Department of Defense (DOD) to: (1) develop a DOD-wide sexual assault prevention and response policy and domestic violence policy, and (2) provide oversight within DOD with respect to such policies.
Requires the Deputy Inspector General to: (1) provide guidance and technical assistance to the heads of the military departments in addressing matters concerning sexual assault and domestic violence prevention and response, (2) maintain sexual assault and domestic violence data collected from each military department, and (3) collaborate with appropriate federal and state agencies that address such issues.
Directs the Deputy Inspector General for Policy and Oversight to determine the feasibility of establishing a Military Sexual Predator Database.
Outlines criteria for the disposition of rape, sexual assault, sexual harassment, and domestic violence cases. Specifies the rights of a victim in such a case.
Allows a claim to be brought against the United States for damages or other appropriate relief for any act or omission related to or arising out of assaultive conduct, or failure to prevent or properly investigate or prosecute such conduct. Defines assaultive conduct as sexual assault or harassment, domestic violence, assault and battery, intentional infliction of emotional distress, false imprisonment, or discrimination or negligent hiring, supervision, promotion, or retention. | {"src": "billsum_train", "title": "To amend titles 10 and 28, United States Code, to provide for military sexual assault and domestic violence accountability, and for other purposes."} | 2,255 | 290 | 0.651997 | 1.940711 | 0.858554 | 5.490347 | 8.027027 | 0.957529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Safety of
Prescription Drug Use Act of 2013''.
SEC. 2. PRESCRIPTION DRUG MONITORING PROGRAM.
(a) Controlled Substance Monitoring Program.--Section 399O of the
Public Health Service Act (42 U.S.C. 243g-3) is amended--
(1) in subsection (e), by adding at the end the following:
``(5) The State shall--
``(A) ensure that the database--
``(i) is interoperable with the controlled
substance monitoring program of other States
and other Federal agencies and across
appropriate State agencies, including health
agencies, as determined by the Secretary;
``(ii) is interoperable with electronic
health records and e-prescribing, where
appropriate; and
``(iii) provides automatic, real-time or
daily information about a patient when a
practitioner (or the designee of a
practitioner, where permitted) requests
information about such patient;
``(B) require practitioners to use State database
information to help determine whether to prescribe or
renew a prescription for a controlled substance; and
``(C) require dispensers, or their designees, where
permitted, to enter data required by the Secretary,
including the name of the patient, the date, and
prescription dose, into the database for a controlled
substance.
``(6) Notwithstanding section 543 and any other provision
of law, the data required to be entered under paragraph (5)(C)
shall include information with respect to methadone that is
dispensed to a patient, if applicable.
``(7) The State shall ensure that--
``(A) any person who receives patient information
through the database may disclose and use such
information only to carry out the official duties of
that person with regard to the patient; and
``(B) notwithstanding subsection (f)(1)(B), no
information kept in accordance with a database
developed or maintained through a grant under this
section may be used to conduct a criminal investigation
or substantiate any criminal charges against a patient
or to conduct any investigation of a patient relating
to methadone use of the patient.''; and
(2) in subsection (n), by striking ``To carry out this
section'' and all that follows through the period at the end
and inserting ``There are authorized to be appropriated for
fiscal years 2014 through 2018 such sums as may be necessary to
carry out this section.''.
(b) Confidentiality of Records.--Section 543(a) of the Public
Health Service Act (42 U.S.C. 290dd-2(a)) is amended by inserting ``or,
with respect to methadone, as required under section 399O(e)(6)''
before the period at the end.
(c) Requirements for Federal Health Care Programs.--Health care
practitioners (as defined in paragraph (7) of section 399O(m) of the
Public Health Service Act (42 U.S.C. 280g-3(m))) and dispensers (as
defined in paragraph (4) of such section) who participate in or are
employed by a Federal health care program or federally funded health
care program, including the Indian Health Service, the Department of
Veterans Affairs, the Department of Defense, the Federal Bureau of
Prisons, the Medicare program under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.), a State Medicaid plan under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), the Children's Health
Insurance Program under title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.), and Federally qualified health centers, shall use the
databases of the controlled substance monitoring programs under section
399O of the Public Health Service Act (42 U.S.C. 280g-3), if such
databases are available to the practitioner or dispenser.
SEC. 3. PILOT PROJECT.
(a) In General.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall award
grants to one or more States to carry out a 1-year pilot project to
develop a standardized peer review process and methodology to review
and evaluate prescribing and pharmacy dispensing patterns, through a
review of prescription drug monitoring programs (referred to in this
section as ``PDMP'') in the States receiving such grants.
(b) Methodology.--The recipients of a grant under this section
shall develop a systematic, standardized methodology to identify and
investigate questionable or inappropriate prescribing and dispensing
patterns of substances on schedule II or III under section 202 of the
Controlled Substances Act (21 U.S.C. 812). Such peer review methodology
and prescribing and dispensing patterns shall be shared with the
appropriate State health profession board.
(c) Requirements.--A State receiving a grant under this section
shall--
(1) with respect to controlled substances for which a
prescriber is required to have a license issued by the Drug
Enforcement Administration in order to prescribe such
controlled substances, make the information with respect to
such controlled substances from the PDMP available to State
regulation and licensing boards; and
(2) with respect to any other controlled substances, may
make the information with respect to such controlled substances
from the PDMP available to State regulation and licensing
boards.
(d) Subgrantees.--A quality improvement organization with which the
Secretary has entered into a contract under part B of title XI of the
Social Security Act may serve as the subgrantee under this subsection
to develop peer review processes as described in subsection (a).
SEC. 4. PRESCRIPTION DRUG AND OTHER CONTROLLED SUBSTANCE ABUSE
PREVENTION.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g) is amended by adding at the end the following:
``SEC. 399V-6. PRESCRIPTION DRUG AND OTHER CONTROLLED SUBSTANCE ABUSE
PREVENTION.
``(a) Training Grants.--
``(1) In general.--The Secretary shall award 5-year grants
to eligible entities to facilitate training in order to
increase the capacity of health care providers to conduct
patient screening and brief interventions, such as in health
care settings to prevent the abuse of prescription drugs and
other controlled substances. The grant program under this
section may be coordinated with the Screening Brief
Intervention and Referral to Treatment grant program of the
Substance Abuse and Mental Health Services Administration, or
other appropriate program.
``(2) Eligible entities.--In this subsection, the term
`eligible entity' includes--
``(A) States;
``(B) continuing education entities, such as health
profession boards or health accrediting bodies; and
``(C) other appropriate health or professional
education organizations or institutions.
``(b) Federal Health Care Workers.--Health care providers who
participate in or are employed by a Federal health care program,
including the Indian Health Service, the Department of Veterans
Affairs, the Department of Defense, the Federal Bureau of Prisons, the
Medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), a State Medicaid plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), the State Children's
Health Insurance Program under title XXI of the Social Security Act (42
U.S.C. 1397aa et seq.), and Federally qualified health centers, shall
screen patients for abuse of prescription drugs or other controlled
substances, conduct brief interventions, and provide referrals for
known or suspected abuse of prescription drugs or other controlled
substances, as appropriate.
``(c) Expansion of Prescribing Authority.--The Secretary, acting
through the Administrator of the Health Resources and Services
Administration, shall award grants to States for the purpose of
evaluating the prospect of the health professions board of such States
reviewing and expanding prescribing authorities of providers, such as
advance practice nurses and physician's assistants, in order to control
the abuse of prescription drugs or other controlled substances with
respect to specific drugs and other controlled substances, as
appropriate.''.
SEC. 5. PRESCRIPTION DRUG ABUSE TRAINING AND SCREENING PROGRAMS.
(a) Continuing Education Grants.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') shall award
grants to States to develop continuing education criteria and review
processes that allow State health profession boards or State agencies
to certify appropriate education and training for informed and safe
prescribing of opioids and other drugs on schedule II and III under
section 202 of the Controlled Substances Act (21 U.S.C. 812).
(b) Registration With DEA.--A practitioner who registers or renews
a registration under section 303(f) of the Controlled Substances Act
(21 U.S.C. 823(f)) shall, at the time of registering, certify to the
Attorney General that such practitioner has completed continuing
medical education--
(1) in the case of a practitioner registering for the first
time, with respect to prescription drug abuse; and
(2) in the case of a practitioner renewing a registration,
with respect to medical understanding of the proper use of all
drugs listed in the schedules under section 202 of the
Controlled Substances Act (21 U.S.C. 812).
(c) Screening Program.--The Attorney General shall require that a
practitioner registered under section 303(f) of the Controlled
Substances Act (21 U.S.C. 823(f)) conduct patient screening for
potential drug misuse or abuse before prescribing a drug listed on
schedule II or III under section 202 of the Controlled Substances Act
(21 U.S.C. 812), according to standards established by the applicable
State licensing body.
SEC. 6. FDA REVIEW OF NALOXONE.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall conduct a review of naloxone to
consider whether naloxone should cease to be subject to section 503(b)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) and be
available as a behind-the-counter drug, in order to increase access of
such drug to community-based organizations and street outreach
organizations.
SEC. 7. PRESCRIPTION DRUG DISPOSAL.
The Secretary of Health and Human Services shall convene or
coordinate with an existing entity an interagency working group to
encourage States and local governments to increase opportunities for
disposal of opiates, such as frequent ``take-back programs'' and fixed
medicine disposal sites at law enforcement public buildings, and to
reduce opportunities for abuse of opiates, such as establishing opioid
dispensing limits at hospital emergency departments.
SEC. 8. GAO REPORT.
The Comptroller General of the United States shall review
prescription drug abuse programs and policies in Federal agencies and
best practices with respect to prescription drug abuse programs of the
States and, not later than 18 months after the date of enactment of
this Act, shall issue a report to Congress on its findings and
recommendations on ways to reduce prescription drug abuse. | Increasing the Safety of Prescription Drug Use Act of 2013 - Amends the Public Health Service Act, with respect to state databases for controlled substance monitoring programs, to require the state to: (1) ensure that its database is interoperable with other such programs and electronic health records and provides updated patient information available to a practitioner; (2) require practitioners to use database information to help determine whether to prescribe or renew a prescription for a controlled substance; and (3) require dispensers, where permitted, to enter patient data required by the Secretary of Health and Human Services (HHS) into the database, including concerning methadone dispensed. Imposes confidentiality protections regarding patient information in the database. Requires health care practitioners and dispensers who participate in or are employed by a federal or federally funded health care program, and federally qualified health centers, to use the databases of the controlled substance monitoring programs if they are available to the practitioner or dispenser. Directs the Secretary to award grants to carry out a pilot project to develop a standardized peer review process and methodology to review and evaluate prescribing and pharmacy dispensing patterns. Establishes a grant program to facilitate training to increase the capacity of health care providers to conduct patient screening and brief interventions. Requires health care providers who participate in or are employed by a federal health care program, and federally qualified health centers, to screen patients for abuse of prescription drugs or other controlled substances, conduct brief interventions, and provide referrals for known or suspected abuse of prescription drugs or other controlled substances. Requires the Secretary to award grants to states for: (1) evaluating the prospect of review by health professions boards of prescribing authorities of providers, and (2) development of continuing education criteria and review processes that allow health professions boards or state agencies to certify appropriate education and training for informed and safe prescribing of opioids and other drugs in schedules II and III of the Controlled Substances Act. Requires practitioners who register or renew a registration to dispense or conduct research with controlled substances in schedules II, III, IV, or V to certify that they have completed continuing medical education regarding prescription drug abuse (in the case of first-time registration) and regarding medical understanding of the proper use of all drugs listed in all of the controlled substances schedules (in the case of renewals). Directs the Attorney General to require a practitioner so registered to conduct patient screening for potential drug misuse or abuse before prescribing a schedule II or III drug, according to standards established by the state licensing body. Requires the Secretary to: (1) review naloxone to consider whether it should cease to be a prescription-only drug and be available as a behind-the-counter drug, in order to increase access of such drug to community-based organizations and street outreach organizations; and (2) convene or coordinate an interagency working group to encourage states and local governments to increase opportunities for disposal of opiates and to reduce opportunities for abuse, as by establishing opioid dispensing limits at hospital emergency departments. Directs the Comptroller General (GAO) to review prescription drug abuse programs and policies in federal agencies and best practices with respect to prescription drug abuse programs of the states. | {"src": "billsum_train", "title": "Increasing the Safety of Prescription Drug Use Act of 2013"} | 2,568 | 690 | 0.662476 | 2.188305 | 0.789443 | 4.85173 | 3.624382 | 0.950577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims Insurance Relief
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Holocaust, including the murder of 6,000,000
European Jews, the systematic destruction of families and
communities, and the wholesale theft of their assets, was one
of the most tragic crimes in modern history.
(2) When Holocaust survivors or heirs of Holocaust victims
presented claims to insurance companies after World War II,
many were rejected because the claimants did not have death
certificates or physical possession of policy documents that
had been confiscated by the Nazis.
(3) In many instances, insurance company records are the
only proof of the existence of insurance policies belonging to
Holocaust victims.
(4) Holocaust survivors and their descendants have been
fighting for decades to persuade insurance companies to settle
unpaid insurance claims.
(5) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as the
``ICHEIC'') was established by the National Association of
Insurance Commissioners in cooperation with several European
insurance companies, European regulators, and survivor
advocates to expeditiously address the issue of unpaid
insurance policies issued to Holocaust victims.
(6) On July 17, 2000, the United States and Germany signed
an Executive Agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated the ICHEIC to resolve all Holocaust-era insurance
policies issued by German companies and their subsidiaries.
(7) On January 17, 2001, the United States and Austria
signed an Executive Agreement, which designated the ICHEIC to
resolve all Holocaust-era insurance policies issued by Austrian
companies and their subsidiaries.
(8) More than 5 years after the establishment of ICHEIC,
companies holding Holocaust-era insurance policies continue to
withhold names on thousands of dormant accounts.
(9) As of February, 2003, more than 80 percent of the
88,000 claims applications filed with the ICHEIC remained
unresolved because the claimants could not identify the company
holding the policy.
(10) Insurance companies doing business in the United
States have a responsibility to ensure the disclosure of
insurance policies of Holocaust victims that they or their
related companies may have issued, to facilitate the rapid
resolution of questions concerning these policies, and to
eliminate the further victimization of policyholders and their
families.
(b) Purpose.--The purpose of this Act is to provide information
about Holocaust-era insurance policies to Holocaust victims and their
heirs and beneficiaries to enable them to expeditiously file their
rightful claims under the policies.
SEC. 3. HOLOCAUST INSURANCE REGISTRY.
(a) Establishment and Maintenance.--Chapter 21 of title 44, United
States Code, is amended by adding at the end the following:
``Sec. 2119. Holocaust Insurance Registry
``(a) Establishment.--The Archivist shall establish and maintain a
collection of records that shall--
``(1) be known as the Holocaust Insurance Registry; and
``(2) consist of the information provided to the Archivist
under section 5 of the Holocaust Victims Insurance Relief Act
of 2003.
``(b) Public Accessibility.--The Archivist shall make all such
information publicly accessible and searchable by means of the Internet
and by any other means the Archivist deems appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 21 of title 44, United States Code, is amended by adding at the
end the following:
``2119. Holocaust Insurance Registry.''.
SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS.
(a) Requirement.--An insurer shall cause to be filed with the
Secretary of Commerce in accordance with subsection (b) the following
information:
(1) The first name, last name, date of birth, and domicile
of the policyholder of each covered policy issued by the
insurer or a related company of the insurer.
(2) The name of the entity that issued the covered policy.
(3) The name of the entity that is responsible for the
liabilities of the entity that issued the covered policy.
(b) Proper Filing.--A filing under subsection (a) shall be made not
later than the earlier of 90 days after the date of the enactment of
this Act in an electronic format approved jointly by the Archivist of
the United States and the Secretary of Commerce.
SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST.
The Secretary of Commerce shall provide to the Archivist of the
United States any information filed with the Secretary under section
4(a) promptly after the filing of such information.
SEC. 6. PENALTY.
The Secretary of Commerce shall assess a civil penalty of not less
than $5,000 for each day that an insurer fails to comply with the
requirements of section 4, as determined by the Secretary.
SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES.
To the extent or in the amounts provided in advance in
appropriation Acts, the Archivist of the United States may use amounts
received by the Government as civil penalties under section 6 to
maintain the Holocaust Insurance Registry.
SEC. 8. NOTIFICATION.
(a) Initial Notification.--Not later than 180 days after the date
of the enactment of this Act and periodically afterward, the Secretary
of Commerce shall notify each State's commissioner of insurance of the
identity of each insurer that has failed to comply with the
requirements of section 4 or has not satisfied any civil penalty for
which the insurer is liable under section 6.
(b) Requests by States.--On request by the commissioner of
insurance of a State concerning an insurer operating in that State, the
Secretary of Commerce shall inform the commissioner of insurance
whether the insurer has failed to comply with the requirements of
section 4 or has not satisfied any civil penalty for which the insurer
is liable under section 6.
SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES.
(a) Preemption.--Nothing in this Act preempts the right of any
State to adopt or enforce any State law requiring an insurer to
disclose information regarding insurance policies that may have been
confiscated or stolen from victims of Nazi persecution.
(b) Sense of Congress.--It is the sense of the Congress that if any
litigation challenging any State law described in subsection (a) is
dismissed because the State's commissioner of insurance chooses to rely
on this Act and therefore no longer seeks to enforce the State law,
each party should bear its own legal fees and costs.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commissioner of insurance.--The term ``commissioner of
insurance'' means the highest ranking officer of a State
responsible for regulating insurance.
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, or property insurance policy that was--
(A) in effect at any time after January 30, 1933,
and before December 31, 1945; and
(B) issued to a policyholder domiciled in any area
of the European Continent that was occupied or
controlled by Nazi Germany or by any ally or
sympathizer of Nazi Germany at any time during the
period described in subparagraph (A).
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance in United States interstate or
foreign commerce, if the person or a related company of the
person issued a covered policy, regardless of when the related
company became a related company of the insurer.
(4) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act. | Holocaust Victims Insurance Relief Act of 2003 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry of information on holders, issuers, and related liable entities of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period. Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day of insurer noncompliance; and (3) the Secretary to notify each State's commissioner of insurance of the identity of any insurer that has failed to file either such information or to satisfy such civil penalty. Declares that nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. Expresses the sense of Congress that if any litigation challenging such a State law is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. | {"src": "billsum_train", "title": "To provide for the establishment of the Holocaust Insurance Registry by the Archivist of the United States and to require certain disclosures by insurers to the Secretary of Commerce."} | 1,716 | 289 | 0.535991 | 1.915869 | 0.658472 | 5.607692 | 6.069231 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2017''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) by striking ``shall'' the first place it
appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii)
by striking ``and'' at the end;
(C) in subparagraph (B), by inserting ``and'' at
the end; and
(D) by adding at the end the following:
``(C) if a court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating an order described in
subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that has been violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated such order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in such a facility, with due
consideration to the best interest of
the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or correctional
facility, and includes a plan for the
juvenile's release from such facility;
and
``(V) may not be renewed or
extended; and
``(ii) the court may not issue a second or
subsequent order described in clause (i)
relating to a juvenile, unless the juvenile
violates a valid court order after the date on
which the court issues an order described in
clause (i);
``(D) there are procedures in place to ensure that
any juvenile held in a secure detention facility or
correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 3 days (with the exception of weekends and
holidays) or the length of time authorized by the
court, or authorized under applicable State law,
whichever is shorter;
``(E) juvenile status offenders detained or
confined in a secure detention facility or correctional
facility pursuant to a court order as described in this
paragraph may only be detained in secure custody one
time in any six-month period, provided that all
conditions set forth in subparagraph (D) are satisfied;
and
``(F) not later than one year after the date of
enactment of this subparagraph, with a single one-year
extension if the State can demonstrate hardship as
determined by the Administrator, the State will
eliminate the use of valid court orders as described in
subparagraph (A)(ii) to provide secure lockup of status
offenders;''; and
(2) by adding at the end the following:
``(g) Applications for Extension for Compliance.--States may apply
for a single one-year extension to comply with subsection (a)(11). To
apply, a State must submit an application to the Administrator
describing--
``(1) the State's measurable progress and good faith effort
to reduce the number of status offenders who are placed in a
secure detention facility or correctional facility pursuant to
a court order as described in this paragraph; and
``(2) the State's plan to come into compliance not later
than 1 year after the date of extension.''. | Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order and a three-day maximum length of detention. | {"src": "billsum_train", "title": "Prohibiting Detention of Youth Status Offenders Act of 2017"} | 892 | 246 | 0.572012 | 1.680156 | 0.739526 | 1.619792 | 4.296875 | 0.723958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Emergency Responders
Organization Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Federal Government must enhance the ability of
first responders to coordinate and respond to incidents of
terrorism, including incidents involving weapons of mass
destruction; and
(2) as a result of the events of September 11, 2001, it is
necessary to empower the Federal Emergency Management Agency
(in this section referred to as ``FEMA'') to distribute Federal
grant monies to States and local communities and, define and
clarify the terms and conditions under which such funds will be
dispersed, spent, matched, and reported.
(b) Purposes.--The purposes of this Act are--
(1) to establish within FEMA the Office of National
Preparedness;
(2) to establish a program, with criteria and guidelines,
for first responders to utilize Federal grants to enhance their
ability to respond to incidents of terrorism, including
incidents involving weapons of mass destruction; and
(3) to establish a program, with criteria and guidelines,
for States to utilize Federal grant dollars in establishing
coordinated interstate and intrastate antiterrorism programs,
establishing mutual aid programs, planning, developing, and
executing terrorism response exercises, and establishing or
upgrading statewide emergency notification capabilities, such
as the ``Amber Alert project'' in California and Texas, and
such other purposes as the Director of FEMA determines.
SEC. 3. DEFINITIONS.
(a) Major Disaster.--Section 102(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is
amended by inserting ``incident of terrorism,'' after ``drought),''.
(b) Weapon of Mass Destruction.--Section 602(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165a(a)) is amended by adding at the end the following:
``(11) Weapon of mass destruction.--The term `weapon of
mass destruction' means any weapon or device that is intended,
or has the capability, to cause death or serious bodily injury
to a significant number of people through the release,
dissemination, or impact of toxic or poisonous chemicals or
their precursors, disease organisms, or radiation or
radioactivity.''.
SEC. 4. ESTABLISHMENT OF OFFICE OF NATIONAL PREPAREDNESS.
Subtitle A of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by
adding at the end the following:
``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.
``(a) In General.--There is established in the Federal Emergency
Management Agency an office to be known as the `Office of National
Preparedness' (referred to in this section as the `Office').
``(b) Deputy Director.--The Office shall be headed by a Deputy
Director.
``(c) Duties.--
``(1) Points of contact.--Not later than 30 days after the
date of the establishment of the Office, the Deputy Director
shall designate a national preparedness point of contact in
each of the 10 regional offices of the Agency.
``(2) Eligibility criteria.--Not later than 90 days after
the date of the establishment of the Office, the Deputy
Director shall establish criteria to determine eligibility of
local first responders to receive grants under section 630.
``(3) Distribution of funds.--Not later than 90 days after
the date of the establishment of the Office, the Deputy
Director shall establish an expeditious method of distributing
grant funds under section 630 to first responders through the
regional points of contact designated under paragraph (1).
``(4) Emergency communications equipment standards.--Not
later than 120 days after the date of the establishment of the
Office, the Deputy Director shall establish standards for
emergency communications equipment to ensure interoperability
and deny grants under section 630 to State and first responders
that do not comply with those standards.
``(5) Response equipment standards.--Not later than 120
days after the date of the establishment of the Office, the
Deputy Director shall establish standards for equipment to be
used by personnel that have responsibilities relating to
homeland preparedness or security, or both, and that are under
the jurisdiction of a first responder to respond to incidents
of terrorism, including incidents involving weapons of mass
destruction.
``(6) Standards for terrorism preparedness.--Not later than
1 year after the date of the establishment of the Office, the
Deputy Director shall establish clearly defined standards and
guidelines for terrorism preparedness and response by State
governments to ensure interstate and intrastate response
capabilities.
``(7) Web site.--Not later than 1 year after the date of
the establishment of the Office, the Deputy Director shall
create a Web site for use by States and local first responders
for purposes of sharing information on homeland security
preparedness.
``(8) Progress report.--Not later than 1 year after the
date of the establishment of the Office, the Director shall
transmit to Congress a report on the progress of the Office in
carrying out its duties under paragraphs (1) through (7).
``(9) Response capability.--Not later than 3 years after
the date of the establishment of the Office, the Deputy
Director shall lead a coordinated and integrated effort to
build a nationwide viable terrorism preparedness and response
capability.
``(10) Training standards.--The Deputy Director shall
establish standards for the training of personnel that have
responsibilities relating to homeland preparedness or security,
or both, and that are under the jurisdiction of a first
responder.
``(11) Miscellaneous.--The Office and Deputy Director shall
carry out such other duties as the Director may delegate.
``(d) Use of Existing Resources.--In carrying out this section, the
Deputy Director shall--
``(1) use existing resources, including personnel of the
Agency and, when appropriate, planning documents, equipment
lists, program inventories, and plans of the Department of
Agriculture, the Department of Transportation, and the
Department of Health and Human Services; and
``(2) consult with and use--
``(A) existing Federal interagency boards and
committees;
``(B) existing Government agencies; and
``(C) nongovernmental organizations.''.
SEC. 5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
Subtitle B of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by
adding at the end the following:
``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.
``(a) Definitions.--In this section and section 616, the following
definitions apply:
``(1) State.--The term `State' means the 50 States.
``(2) First responder.--The term `first responder' means
any local governmental entity, Indian tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450(b)), Indian tribe organization,
or Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)) that has jurisdiction
over 1 or more of the following:
``(A) Law enforcement officers.
``(B) Firefighters.
``(C) Emergency personnel.
``(D) Public and environmental health personnel.
``(E) Such other personnel with duties related to
homeland preparedness or security, or both, as the
Director may determine.
``(b) Grant Program.--The Deputy Director of the Office of National
Preparedness shall establish a program to make grants to first
responders and States to prepare for and respond to incidents of
terrorism, including incidents involving weapons of mass destruction.
``(c) Maintenance of Effort.--
``(1) In general.--No first responder or State shall be
eligible to receive a grant under this section unless the
aggregate expenditures of the first responder or State for
homeland preparedness and security (as defined by the Deputy
Director) are maintained at a level which does not fall below
the average level of such expenditures for its 2 fiscal years
preceding the date of receipt of the grant.
``(2) Enforcement.--If a first responder or State does not
meet the aggregate expenditure for homeland preparedness and
security required under paragraph (1) in a fiscal year, the
Director shall withhold the amount of a grant from the first
responder or State until the first responder or State makes
such expenditure.
``(d) Uses of Grants.--Grants made under this section--
``(1) may be used by a first responder only--
``(A) to purchase interoperable equipment in
compliance with Federal standards established by the
Federal Emergency Management Agency section 616(c)(4);
``(B) to train personnel that have responsibilities
relating to homeland preparedness or security, or both,
and that are under the jurisdiction of the first
responder;
``(C) to upgrade emergency operating centers;
``(D) to conduct terrorism response exercises;
``(E) to compensate for overtime costs incurred in
carrying out activities under subparagraphs (B) and (D)
or as approved by the Deputy Director; and
``(F) to carry out such other related activities or
to purchase materials or equipment as are approved by
the Deputy Director; and
``(2) may be used by States only--
``(A) to establish coordinated interstate and
intrastate antiterrorism programs;
``(B) to establish mutual aid programs;
``(C) to plan and develop and execute terrorism
response exercises;
``(D) to establish or upgrade statewide emergency
notification systems; and
``(E) to carry out such other related activities,
or to purchase such materials and equipment, as are
approved by the Deputy Director.
``(e) Allocation of Funds.--Subject to advance appropriations, the
Deputy Director shall make--
``(1) a grant under this section to each State in each of
fiscal years 2003 through 2007 of $10,000,000;
``(2) grants to first responders under this section,
through the regional points of contact of the Agency designated
under section 616(c)(1), in an amount not to exceed $50,000,000
per Agency region in each of fiscal years 2003 through 2007
based on--
``(A) the likelihood of a terrorism attack as
determined by the appropriate Federal agency
responsible for making terrorism threat assessments;
``(B) the location of the population for which the
first responders have responsibility;
``(C) the proximity to vital infrastructure,
including--
``(i) military installations;
``(ii) public buildings (as defined in
section 13 of the Public Buildings Act of 1959
(40 U.S.C. 612));
``(iii) nuclear power plants;
``(iv) chemical plants; and
``(v) national landmarks; and
``(D) the proximity to international borders;
``(3) grants in such amounts to first responders in rural,
nonurban areas as the Director determines appropriate; and
``(4) grants in such amounts to such other first responders
having responsibility for homeland preparedness or security, or
both, as the Deputy Director determines appropriate.
``(f) Administrative Expenses.--
``(1) States.--Not more than 2 percent of a grant made to a
State under this section may be used for administrative
expenses of carrying out its responsibilities under this
section.
``(2) Local first responders.--Not more than 2 percent of a
grant made to a first responder under this section may be used
for administrative expenses of carrying out its
responsibilities under this section.
``(g) Accountability and Oversight.--
``(1) Agency objectives and reports.--
``(A) Objectives.--The Deputy Director shall
develop quantifiable, measurable objectives for
achieving improved homeland preparedness and security
at the regional level.
``(B) Reports.--The Deputy Director shall require
each regional point of contact of the Agency designated
under section 616(c)(1) to make annual reports to the
Deputy Director on improvements in homeland
preparedness and security within the region and to
report failures to meet the quantifiable objectives
developed under subparagraph (A) to the Inspector
General of the Agency.
``(2) State objectives and reports.--
``(A) Reports.--Each State, as a condition of
receipt of a grant under this section, shall develop
quantifiable, measurable objectives for achieving
improved homeland preparedness and security at the
State level.
``(B) Objectives.--Within 1 year of the date of
receipt of a grant under this section, a State shall
report to the Deputy Director on progress made in
meeting the objectives it developed under subparagraph
(A), how grant funds were used to meet such objectives,
and any failures to meet such objectives.
``(3) Repayment.--If the Deputy Director determines that a
first responder or State has improperly used Federal funds made
available under this section, the first responder or State
shall be liable to repay to the United States the amount
determined by the Deputy Director to have been used improperly.
``(h) Administrative Expenses.--The Deputy Director may use not
more than 5 percent of the amounts appropriated to carry out this
section for a fiscal year to establish and maintain the Office of
National Preparedness under section 616 and for administrative expenses
of carrying out this section in such fiscal year.
``(i) Coordination.--The Director shall establish working
relationships with other Federal agencies to prevent duplication of
assistance to first responders and States for purposes of homeland
preparedness and security.''. | Homeland Emergency Responders Organization Act of 2002 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include an incident of terrorism within its definition of "major disaster" for purposes of authorized disaster relief.Establishes in the Federal Emergency Management Agency the Office of National Preparedness, to be headed by a Deputy Director who shall establish standards for: (1) emergency communications equipment to ensure interoperability, and equipment to be used by personnel responsible for homeland preparedness or security, or both, that are under the jurisdiction of a first responder to respond to incidents of terrorism (including incidents involving weapons of mass destruction incidents); (2) terrorism preparedness and response by State governments to ensure interstate and intrastate response capabilities; and (3) training of such personnel. Directs the Deputy Director to lead a coordinated and integrated effort to build a nationwide viable terrorism preparedness and response capability, including the creation of a Web site for use by States and local first responders to share information on homeland security preparedness.Directs the Deputy Director to establish a program to make grants to first responders and States to prepare for and respond to incidents of terrorism, including incidents involving weapons of mass destruction. Sets forth grant requirements. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish a program to provide Federal grants to first responders to enhance their ability to respond to incidents of terrorism, including incidents involving weapons of mass destruction, and for other purposes."} | 3,124 | 268 | 0.637734 | 1.84355 | 0.807394 | 5.021739 | 12.317391 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price-Anderson Amendments Act of
2000''.
SEC. 2. INDEMNIFICATION AUTHORITY.
(a) Indemnification of NRC Licensees.--Section 170 c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(c)) is amended by striking ``August
1, 2002'' each place it appears and inserting ``August 1, 2012''.
(b) Indemnification of DOE Contractors.--Section 170 d.(1)(A) of
the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by
striking ``, until August 1, 2002,''.
(c) Indemnification of Nonprofit Educational Institutions.--Section
170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended
by striking ``August 1, 2002'' each place it appears and inserting
``August 1, 2012''.
SEC. 3. MAXIMUM ASSESSMENT.
Section 170 b.(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)(1)) is amended by striking ``$10,000,000'' and inserting
``$20,000,000''.
SEC. 4. DOE LIABILITY LIMIT.
(a) Aggregate Liability Limit.--Section 170 d. of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(d)) is amended by striking subsection (2)
and inserting the following:
``(2) In agreements of indemnification entered into under
paragraph (1), the Secretary--
``(A) may require the contractor to provide and
maintain financial protection of such a type and in
such amounts as the Secretary shall determine to be
appropriate to cover public liability arising out of or
in connection with the contractual activity, and
``(B) shall indemnify the persons indemnified
against such claims above the amount of the financial
protection required, in the amount of $10,000,000,000
(subject to adjustment for inflation under subsection
t.), in the aggregate, for all persons indemnified in
connection with such contract and for each nuclear
incident, including such legal costs of the contractor
as are approved by the Secretary.
(b) Contract Amendments.--Section 170 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) is further amended by striking subsection
(3) and inserting the following:
``(3) All agreements of indemnification under which the
Department of Energy (or its precedessor agencies) may be
required to indemnify any person, shall be deemed to be
amended, on the date of the enactment of the Price-Anderson
Amendments Act of 1999, to reflect the amount of indemnity for
public liability and any applicable financial protection
required of the contractor under this subsection on such
date.''.
SEC. 5. INCIDENTS OUTSIDE THE UNITED STATES.
(a) Amount of Indemnification.--Section 170 d.(5) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking
``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170e.(4) of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and
inserting ``$500,000,000''.
SEC. 6. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p))
is amended by striking ``August 1, 1998'' and inserting ``August 1,
2008''.
SEC. 7. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t))
is amended--
(1) by renumbering paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following new
paragraph:
``(2) The Secretary shall adjust the amount of
indemnification provided under an agreement of indemnification
under subsection d. not less than once during each 5-year
period following the date of the enactment of the Price-
Anderson Amendments Act of 1999, in accordance with the
aggregate percentage change in the Consumer Price Index since--
``(A) such date of enactment, in the case of the
first adjustment under this subsection; or
``(B) the previous adjustment under this
subsection.''.
SEC. 8. CIVIL PENALTIES.
(a) Repeal of Automatic Remission.--Section 234A b.(2) of the
Atomic Energy of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking
the last sentence.
(b) Limitation for Nonprofit Institutions.--Section 234A of the
Atomic Energy Act of 1954 (42 U.S.C. 2282a) is further amended by
striking subsection d. and inserting the following:
``d. Notwithstanding subsection a., no contractor, subcontractor,
or supplier considered to be nonprofit under the Internal Revenue Code
of 1954 shall be subject to a civil penalty under this section in
excess of the amount of any performance fee paid by the Secretary to
such contractor, subcontractor, or supplier under the contract under
which the violation or violations; occur.''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall become
effective on the date of the enactment of this Act.
(b) Indemnification Provisions.--The amendments made by sections 3,
4, and 5 shall not apply to any nuclear incident occurring before the
date of the enactment of this Act.
(c) Civil Penalty Provisions.--The amendments made by section 8 to
section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2))
shall not apply to any violation occurring under a contract entered
into before the date of the enactment of this Act. | (Sec. 3) Increases from $10 million to $20 million the maximum amount of standard deferred premium that may be charged a licensee following a nuclear incident in any one year for each facility for which the licensee is required to maintain the maximum amount of primary financial protection.
(Sec. 4) Sets a $10 billion ceiling upon the aggregate DOE liability limit pursuant to DOE indemnification agreements and for each nuclear incident.
Provides that all agreements which obligate DOE to indemnify a person are deemed to be amended to reflect the indemnification amount for both public liability and any applicable financial protection required of the contractor as of the date of enactment of this Act.
(Sec. 5) Increases from $100 million to $500 million the indemnification amount and the aggregate public liability limitation due from DOE for incidents outside the United States.
(Sec. 7) Directs the Secretary of Energy to adjust the indemnification agreement amount in accordance with the aggregate percentage change in the Consumer Price Index at least once during each five-year period.
(Sec. 8) Repeals the directive to the Secretary to determine whether a nonprofit educational institution should receive an automatic remission of any penalties for violations of DOE regulations.
Shields a nonprofit contractor, subcontractor, or supplier from a civil penalty in excess of any performance fee paid by the Secretary. | {"src": "billsum_train", "title": "Price-Anderson Amendments Act of 2000"} | 1,428 | 300 | 0.585213 | 1.947812 | 0.744481 | 2.236434 | 4.368217 | 0.810078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Patron Protection Act of
2017''.
SEC. 2. MILITARY RESALE PATRON BENEFITS ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Military Resale Patron Benefits Advisory Commission'' (in this
Act referred to as ``the Commission'').
(b) Duties.--The duties of the Commission shall be to advise the
Secretary of Defense regarding--
(1) the effects of the operations of military commissaries
and exchanges on--
(A) patrons of military commissaries and exchanges;
and
(B) morale, welfare and recreation programs;
(2) the sources and uses of revenue from military
commissaries and exchanges, including surcharge funding;
(3) fulfillment of the requirements under Section 661 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-840);
(4) proposed reforms to the operations of military
commissaries and exchanges that could effect--
(A) the use of revenue from military commissaries
and exchanges (including surcharge funding);
(B) the morale, welfare and recreation programs
provided for members of the Armed Forces and their
dependents; and
(C) philanthropic programs that benefit members of
the Armed Forces and their families; and
(5) the possible effects of such reforms on the morale of
members of the Armed Forces and their dependents.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
comprised of seven members, appointed by the Secretary of
Defense from military or veterans service organizations to
represent the interests of patrons and beneficiaries of
military commissaries and exchanges.
(2) Terms.--
(A) In general.--Each member shall be appointed for
a term of one year, subject to renewal by the Secretary
of Defense.
(B) Vacancies.--A vacancy in the Commission shall
be filled in the manner in which the original
appointment was made.
(3) Pay.--Members of the Commission shall serve without
pay.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence.
(5) Chairperson.--Members of the Commission shall elect a
Chairperson.
(6) Meetings.--The Commission shall meet at the call of the
Chairperson.
(d) Director and Staff of Commission; Experts and Consultants.--
(1) Director.--The Secretary of Defense shall appoint a
member of the Armed Forces to serve as the Director of the
Commission.
(2) Experts and consultants.--With the approval of the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(e) Powers of Commission.--
(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.
(2) 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 Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this Act.
(f) Reports.--
(1) Interim reports.--The Commission may submit to the
Secretary of Defense interim reports as the Commission
considers appropriate.
(2) Final report.--The Commission shall transmit a final
report to the President and the Congress not later than the day
on which the Commission terminates under subsection (g). The
final report shall contain a detailed statement of the findings
and conclusions of the Commission, together with its
recommendations for legislation or administrative actions the
Commission considers appropriate.
(g) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.; relating to the termination of advisory
committees) notwithstanding, the Commission shall terminate upon the
day that is five years after the date of the enactment of this Act.
SEC. 3. REPORTS.
(a) In General.--Not later than March 1, 2018, and annually
thereafter for the subsequent four calendar years, the Secretary of
Defense shall submit to the Congress an annual report regarding the
following:
(1) The use of funds generated by military commissaries and
exchanges other than to--
(A) cover capital costs of such military
commissaries and exchanges;
(B) support morale, welfare and recreation
programs;
(C) provide services directly to members of the
Armed Services or their families; or
(D) support operations in a forward deployed or
tactical environment.
(2) The constitution and purpose of the respective boards
of directors of the Military Exchanges and Commissary
Operations and any determination by any such board to use
proceeds covered in a report under paragraph (1).
(3) Responses of the Secretary to any findings or proposals
of the Commission.
(4) Actions described in subsection (b), (c), or (d).
(b) Notification Before Certain Expenditures.--The Secretary of
Defense shall notify the Committees on Armed Services of the House of
Representatives and the Senate and the Committees on Appropriations of
the House of Representatives and the Senate no later than 90 days
before expending any funds generated by a military commissary or
exchange for a purpose other than those named in subsection (a)(1).
(c) Notification Before Actions That Reduce Certain Contracts.--The
Secretary of Defense shall notify the Committees on Armed Services of
the House of Representatives and the Senate no later than 90 days
before taking any action that would result in the reduction of a
contract awarded by the Defense Commissary Agency that has been awarded
to--
(1) a small, veteran-owned, woman-owned, or disadvantaged
business concern;
(2) a qualified nonprofit agency for the blind under
section 8501(7) of title 41, United States Code; or
(3) a qualified nonprofit agency for other severely
disabled under section 8501(6) of title 41, United States Code. | Military Patron Protection Act of 2017 This bill establishes the Military Resale Patron Benefits Advisory Commission to advise the Department of Defense (DOD) on: the effects of military commissary and exchange operations on their patrons and on morale, welfare, and recreation programs; the sources and uses of commissary and exchange revenues; and fulfillment of the requirement to implement a comprehensive strategy to optimize management practices across the defense commissary and exchange systems. The Commission shall advise DOD on proposed reforms to commissary and exchange operations that could affect: the use of revenue; the morale, welfare, and recreation programs provided for, and the morale of, military members and dependents; and philanthropic programs that benefit members and their families. The bill requires DOD to: (1) report annually on the use of funds generated by commissaries and exchanges, the constitution and purpose of the boards of directors of the Military Exchanges and Commissary Operations and any determination to use such funds, and DOD responses to any commission proposals; (2) notify Congress before expending certain funds; and (3) notify Congress before taking action that would reduce a contract awarded by the Defense Commissary Agency to a small, veteran-owned, woman-owned, or disadvantaged business concern or a qualified nonprofit agency for the blind or other severely disabled. | {"src": "billsum_train", "title": "Military Patron Protection Act of 2017"} | 1,498 | 283 | 0.659706 | 2.008977 | 0.77827 | 3.310757 | 5.434263 | 0.904382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Nutrition Promotion and School
Lunch Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) for a school food service program to receive Federal
reimbursements under the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) or the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), school meals served by that
program must meet science-based nutritional standards
established by Congress and the Secretary of Agriculture;
(2) foods sold individually outside the school meal
programs (including foods sold in vending machines, a la carte
or snack lines, school stores, and snack bars) are not required
to meet comparable nutritional standards;
(3) in order to promote child nutrition and health,
Congress--
(A) has authorized the Secretary to establish
nutritional standards in the school lunchroom during
meal time; and
(B) since 1979, has prohibited the sale of food of
minimal nutritional value, as defined by the Secretary,
in areas where school meals are sold or eaten;
(4) Federally-reimbursed school meals and child nutrition
and health are undermined by the uneven authority of the
Secretary to set nutritional standards throughout the school
campus and over the course of the school day;
(5) since 1979, when the Secretary defined the term ``food
of minimal nutritional value'' and promulgated regulations for
the sale of those foods during meal times, nutrition science
has evolved and expanded;
(6) the current definition of ``food of minimal nutritional
value'' is inconsistent with current knowledge about nutrition
and health;
(7) because some children purchase foods other than
balanced meals provided through the school lunch program
established under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.) and the school breakfast program
established by section 4 of the Child Nutrition Act of 1966 (42
U.S.C. 1773), the efforts of parents to ensure that their
children consume healthful diets are undermined;
(8) experts in nutrition science have found that--
(A) since 1980, rates of obesity have doubled in
children and tripled in adolescents;
(B) only 2 percent of children eat a healthy diet
that is consistent with Federal nutrition
recommendations;
(C) 3 out of 4 high school students do not eat the
minimum recommended number of servings of fruits and
vegetables each day; and
(D) type 2 diabetes, which is primarily due to poor
diet and physical inactivity, is rising rapidly in
children;
(9) in 1996, children aged 2 to 18 years consumed an
average of 118 more calories per day than similar children did
in 1978, which is the equivalent of 12 pounds of weight gain
annually, if not compensated for through increased physical
activity; and
(10) according to the Surgeon General, the direct and
indirect costs of obesity in the United States are
$117,000,000,000 per year.
SEC. 3. FOOD OF MINIMAL NUTRITIONAL VALUE.
Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is
amended--
(1) by striking the section heading and all that follows
through ``(a) The Secretary'' and inserting the following:
``SEC. 10. REGULATIONS.
``(a) In General.--The Secretary''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Food of Minimal Nutritional Value.--
``(1) Proposed regulations.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the Secretary
shall promulgate proposed regulations to revise the
definition of `food of minimal nutritional value' that
is used to carry out this Act and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(B) Application.--The revised definition of `food
of minimal nutritional value' shall apply to all foods
sold--
``(i) outside the school meal programs;
``(ii) on the school campus; and
``(iii) at any time during the school day.
``(C) Requirements.--In revising the definition,
the Secretary shall consider--
``(i) both the positive and negative
contributions of nutrients, ingredients, and
foods (including calories, portion size,
saturated fat, trans fat, sodium, and added
sugars) to the diets of children;
``(ii) evidence concerning the relationship
between consumption of certain nutrients,
ingredients, and foods to both preventing and
promoting the development of overweight,
obesity, and other chronic illnesses;
``(iii) recommendations made by
authoritative scientific organizations
concerning appropriate nutritional standards
for foods sold outside of the reimbursable meal
programs in schools; and
``(iv) special exemptions for school-
sponsored fundraisers (other than fundraising
through vending machines, school stores, snack
bars, a la carte sales, and any other
exclusions determined by the Secretary), if the
fundraisers are approved by the school and are
infrequent within the school.
``(2) Implementation.--
``(A) Effective date.--
``(i) In general.--Except as provided in
clause (ii), the proposed regulations shall
take effect at the beginning of the school year
following the date on which the regulations are
finalized.
``(ii) Exception.--If the regulations are
finalized on a date that is not more than 60
days before the beginning of the school year,
the proposed regulations shall take effect at
the beginning of the following school year.
``(B) Failure to promulgate.--If, on the date that
is 1 year after the date of enactment of this
paragraph, the Secretary has not promulgated final
regulations, the proposed regulations shall be
considered to be final regulations.''. | Child Nutrition Promotion and School Lunch Protection Act of 2006 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to revise the definition of "food of minimal nutritional value," the sale of which in areas where school meals are sold or eaten is prohibited as a condition for federal funding of school lunch and breakfast programs.
Applies such definition (and prohibition) to all food sold outside such programs anywhere on school campuses at any time of the day, with the possible limited exemption of food sold at school fundraisers.
Requires the Secretary, when revising such definition, to consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health. | {"src": "billsum_train", "title": "To amend the Child Nutrition Act of 1966 to improve the nutrition and health of schoolchildren by updating the definition of \"food of minimal nutritional value\" to conform to current nutrition science and to protect the Federal investment in the national school lunch and breakfast programs."} | 1,305 | 141 | 0.539798 | 1.398996 | 0.709204 | 2.641221 | 9.396947 | 0.854962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Facilitation and Safety Act
of 2015''.
SEC. 2. RECOVERY OF INITIAL PRECLEARANCE OPERATION COSTS.
(a) Cost Sharing Agreements With Relevant Airport Authorities.--The
Commissioner of U.S. Customs and Border Protection may enter into a
cost sharing agreement with airport authorities in foreign countries at
which preclearance operations are to be established or maintained if--
(1) an executive agreement to establish or maintain such
preclearance operations pursuant to the authorities under
section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and
section 103(a)(7) of the Immigration and Nationality Act (8
U.S.C. 1103(a)(7)) has been signed, but has not yet entered
into force; and
(2) U.S. Customs and Border Protection has incurred, or
expects to incur, initial preclearance operations costs in
order to establish or maintain preclearance operations under
the agreement described in paragraph (1).
(b) Contents of Cost Sharing Agreements.--
(1) In general.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(e)) and section 286(g) of the Immigration and
Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement
authorized under subsection (a) may provide for the airport
authority's payment to U.S. Customs and Border Protection of
its initial preclearance operations costs.
(2) Timing of payments.--The airport authority's payment to
U.S. Customs and Border Protection for its initial preclearance
operations costs may be made in advance of the incurrence of
the costs or on a reimbursable basis.
(c) Account.--
(1) In general.--All amounts collected pursuant to any cost
sharing agreement authorized under subsection (a)--
(A) shall be credited as offsetting collections to
the currently applicable appropriation, account, or
fund of U.S. Customs and Border Protection;
(B) shall remain available, until expended, for the
purposes for which such appropriation, account, or fund
is authorized to be used; and
(C) may be collected and shall be available only to
the extent provided in appropriations Acts.
(2) Return of unused funds.--Any advances or reimbursements
not used by U.S. Customs and Border Protection may be returned
to the relevant airport authority.
(3) Rule of construction.--Nothing in this subsection may
be construed to preclude the use of appropriated funds, from
sources other than the payments collected under this Act, to
pay initial preclearance operation costs.
(d) Initial Preclearance Operations Costs Defined.--
(1) In general.--In this section, the term ``initial
preclearance operations costs'' means the costs incurred, or
expected to be incurred, by U.S. Customs and Border Protection
to establish or maintain preclearance operations at an airport
in a foreign country, including costs relating to--
(A) hiring, training, and equipping new officers of
U.S. Customs and Border Protection who will be
stationed at United States domestic ports of entry or
other facilities of U.S. Customs and Border Protection
to backfill such officers to be stationed at an airport
in a foreign country to conduct preclearance
operations; and
(B) visits to the airport authority conducted by
personnel of U.S. Customs and Border Protection
necessary to prepare for the establishment or
maintenance of preclearance operations at such airport,
including the compensation, travel expenses, and
allowances payable to such personnel attributable to
such visits.
(2) Exception.--The costs described in paragraph (1)(A)
shall not include the salaries and benefits of new officers of
U.S. Customs and Border Protection once such officers are
permanently stationed at a domestic United States port of entry
or other domestic facility of U.S. Customs and Border
Protection after being hired, trained, and equipped.
SEC. 3. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION
INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.
(a) Immigration and Nationality Act.--Section 286(i) of the
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by
striking the last sentence and inserting ``Reimbursements under this
subsection may be collected in advance of the provision of such
immigration inspection services. Notwithstanding subsection (h)(1)(B),
and only to the extent provided in appropriations Acts, any amounts
collected under this subsection shall be credited as offsetting
collections to the currently applicable appropriation, account, or fund
of U.S. Customs and Border Protection, remain available until expended,
and be available for the purposes for which such appropriation,
account, or fund is authorized to be used.''.
(b) Farm Security and Rural Investment Act of 2002.--Section
10412(b) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8311(b)) is amended to read as follows:
``(b) Funds Collected for Preclearance.--Funds collected for
preclearance activities--
``(1) may be collected in advance of the provision of such
activities;
``(2) shall be credited as offsetting collections to the
currently applicable appropriation, account, or fund of U.S.
Customs and Border Protection;
``(3) shall remain available until expended;
``(4) shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used; and
``(5) may be collected and shall be available only to the
extent provided in appropriations Acts.''.
SEC. 4. EXPANSION OF PRECLEARANCE AT FOREIGN AIRPORTS.
(a) Findings.--Congress makes the following findings:
(1) Preclearance operations provide the ultimate ability
for the United States to address potential threats at the
earliest possible moment and prior to departure, through the
forward deployment of officers of U.S. Customs and Border
Protection to last points of departure in a foreign country.
(2) With inspections and examination operations of U.S.
Customs and Border Protection located in a foreign country,
preclearance provides the capability to interdict, address, and
work with host-country law enforcement in furtherance of both
aviation security and border security in the United States.
(3) Under current preclearance operations, officers of the
U.S. Customs and Border Protection collect biometrics in the
same way that is currently done upon arrival in the United
States, in accordance with current regulation, and as part of
the routine entry process from certain aliens who are not
citizens of the United States prior to boarding flights
destined to the United States.
(4) Preclearance operations provide the best means for
existing and future biometric security capabilities beyond the
United States. Support for preclearance expansion will greatly
increase border and aviation security in the United States and
foreign countries.
(b) Sense of Congress.--It is the sense of Congress that each
country designated as a visa waiver program country under section 217
of the Immigration and Nationality Act (8 U.S.C. 1187) should seek to
participate in the preclearance program with the United States, to
jointly address security concerns through additional exchange of
information and to improve joint ability to secure the that visa waiver
program while maintaining the original intent of the program.
SEC. 5. BIOMETRIC DEMONSTRATION PROGRAMS AT PRECLEARANCE LOCATIONS.
(a) Authority.--The Secretary of Homeland Security is authorized to
select preclearance locations, including preclearance expansion
locations, and enter into an agreement with a foreign government or
airport to conduct a collaborative biometric demonstration program at
such a location to test emerging biometric technologies. The scope of
the demonstration program may encompass travelers other than those
utilizing preclearance at such a location, provided that such program
includes means for information sharing with U.S. Customs and Border
Protection operations.
(b) International Cooperation and Coordination.--Section 233(a) of
the Security and Accountability For Every Port Act of 2006 (6 U.S.C.
983(a)) is amended--
(1) in paragraph (1), by striking the period at the end and
inserting ``, and to establish and maintain, in partnership
with foreign governments, demonstration programs to test
emerging biometric technologies at foreign airports at which
the Secretary has established preclearance operations.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon and ``and''; and
(C) by adding the following:
``(C) lease, loan, provide, or otherwise assist in
the deployment of biometric technologies at foreign
airports at which the Secretary has established
preclearance operations under such terms and conditions
as the Secretary prescribes, including nonreimbursable
loans or the transfer of ownership of such
technologies, and provide the necessary training and
technical assistance related to the biometric
demonstration programs referred to in paragraph (1).''.
SEC. 6. VISA WAIVER PROGRAM REQUIREMENTS.
(a) Information Sharing Process.--The Director of National
Intelligence shall--
(1) develop a process to share information derived from the
Terrorist Identities Datamart Environment (TIDE) database and
the Terrorist Screening Database (TSDB), including biometric
and biographic information, with countries participating in the
visa waiver program established under section 217(a) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)); and
(2) not later than 1 year after the date of the enactment
of this Act, certify to Congress that such process may be
utilized by such countries.
(b) Continuing Qualification and Designation Terminations.--
Subsection (c) of section 217 of the Immigration and Nationality Act (8
U.S.C. 1187) is amended--
(1) in paragraph (1), by striking ``Attorney General,'' and
inserting ``Secretary of Homeland Security,''; and
(2) in paragraph (2)--
(A) in subparagraph (C)(iii)--
(i) by striking ``and the Committee on
International Relations'' and inserting ``, the
Committee on Foreign Affairs, and the Committee
on Homeland Security''; and
(ii) by striking ``and the Committee on
Foreign Relations'' and inserting ``, the
Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental
Affairs''; and
(B) by adding at the end the following:
``(G) Border security.--The government of the
country utilizes the process developed by the Director
of National Intelligence under section 6(a) of the
Travel Facilitation and Safety Act of 2015 to utilize
information derived from the Terrorist Identities
Datamart Environment (TIDE) database and the Terrorist
Screening Database (TSDB) for border security and
immigration purposes, including the screening of aliens
seeking asylum or refugee status in that country.''. | Travel Facilitation and Safety Act of 2015 This bill authorizes the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) to enter into cost-sharing agreements with airport authorities in foreign countries at which preclearance operations will be established or maintained if certain circumstances apply. Any cost-sharing agreement may provide for an airport authority's payment to the CBP of its initial preclearance operations costs. The Immigration and Nationality Act is amended with respect to reimbursements to the Department of Justice received from commercial aircraft or vessel owners, operators, or agents, or from any airport or seaport authority, for expenses incurred for immigration inspection services they have requested. Such reimbursements may be collected in advance of those services, and shall be credited as offsetting collections to the currently applicable CBP appropriation, account, or fund. The Farm Security and Rural Investment Act of 2002 is amended to make the same disposition for reimbursements to the Department of Agriculture for preclearance of animals or articles at locations outside the United States for movement into the United States. The bill expresses the sense of Congress that each visa waiver program country should seek to participate in the U.S. preclearance program. DHS may select preclearance locations and enter into agreements with foreign governments or airports to conduct a collaborative demonstration program at those locations to test emerging biometric technologies. The Office of the Director of National Intelligence shall develop a process to share information derived from the Terrorist Identities Datamart Environment database and the Terrorist Screening Database with countries participating in the visa waiver program. | {"src": "billsum_train", "title": "Travel Facilitation and Safety Act of 2015"} | 2,546 | 347 | 0.633832 | 2.367496 | 0.848691 | 3.208333 | 7.454861 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open College Textbook Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The growth of the Internet has enabled the creation and
sharing of open content, including open educational resources.
(2) The President has proposed a new, significant Federal
investment in the creation of online open-source courses for
community colleges that will make learning more accessible,
adaptable, and affordable for students.
(3) The President has challenged the United States with a
goal of having the highest college graduation rate in the world
by 2020.
(4) More than 80 percent of the 23,000,000 jobs that will
be created in the next 10 years will require postsecondary
education, but only 36 percent of all 18- to 24-year-olds are
currently enrolled in postsecondary education.
(5) The high cost of college textbooks continues to be a
barrier for many students in achieving higher education, and
according to the Advisory Committee on Student Financial
Assistance, 200,000 qualified students fail to enroll in
college each year due to cost.
(6) The College Board reported that for the 2007-2008
academic year an average student spent an estimated $805 to
$1,229 on college books and supplies.
(7) Making high quality open textbooks freely available to
the general public could significantly lower college textbook
costs and increase accessibility to such education materials.
(8) Open textbooks can improve learning and teaching by
creating course materials that are more flexible, adaptable,
and accessible through the use of technology.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Open license.--The term ``open license'' means an
irrevocable intellectual property license that grants the
public the right to access, customize, and distribute a
copyrighted material.
(4) Open textbook.--The term ``open textbook'' means a
textbook or set of course materials in electronic format
designed for use in a college course at an institution of
higher education that is licensed under an open license.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) Grants Authorized.--From the amounts appropriated under
subsection (i), the Secretary is authorized to award grants, on a
competitive basis, to eligible entities to carry out the activities
described in this section, including creating, updating, or adapting
open textbooks. The Secretary shall award grants in a manner that will
result in the creation of a comprehensive slate of high quality course
materials for introductory courses in a variety of subject areas.
(b) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) an institution of higher education;
(2) a professor or group of professors at an institution of
higher education; or
(3) a nonprofit or for-profit organization that produces
open textbooks.
(c) Duration.--Grants awarded under this section shall be 1 year in
duration.
(d) Applications.--
(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the project to be completed
with grant funds and--
(A) a plan for quality review and review of
accuracy of content;
(B) a plan for access to ensure the widest possible
availability of the digital version of the open
textbook;
(C) a plan for distribution and adoption of the
open textbook to ensure the widest possible adoption of
the open textbook in postsecondary courses, including,
where applicable, a marketing plan or a plan to partner
with for-profit or nonprofit organizations to assist in
marketing and distribution; and
(D) a plan for tracking and reporting formal
adoptions of the open textbook within postsecondary
institutions, including an estimate of the number of
students impacted by the adoptions.
(e) Special Consideration.--In awarding grants under this section,
the Secretary shall give special consideration to applications that
demonstrate the greatest potential to produce--
(1) the highest quality and most marketable open textbooks;
(2) open textbooks that correspond to the highest
enrollment courses at institutions of higher education;
(3) open textbooks that are easily utilized by faculty
members at institutions of higher education; and
(4) open textbooks created in partnership with for-profit
or nonprofit organizations to assist in marketing and
distribution.
(f) Uses of Grants.--
(1) Open textbooks.--An eligible entity that receives a
grant under this section shall--
(A) create a new open textbook for use in
postsecondary coursework;
(B) update an open textbook for use in
postsecondary coursework; or
(C) adapt a textbook into an open format for use in
postsecondary coursework.
(2) License.--An open textbook created, updated, or adapted
under paragraph (1) shall be licensed through an open license.
(3) Accessibility.--The full and complete digital content
of each open textbook created, updated, or adapted under
paragraph (1) shall be--
(A) posted on an easily accessible and
interoperable website, which site shall be identified
to the Secretary by the eligible entity; and
(B) made available free of charge to, and may be
downloaded, redistributed, changed, revised, or
otherwise altered by, any member of the general public.
(g) Review Process.--The Secretary shall develop a peer review and
evaluation process in consultation with the Director to ensure that
open textbooks created, updated, or adapted under this section are of
the highest quality, accurate in content, and meet or exceed market
quality and accessibility standards.
(h) Report.--Upon an eligible entity's completion of a project
supported under this section, the eligible entity shall prepare and
submit a report to the Secretary regarding all project costs, including
the value of any volunteer labor and institutional capital used for the
project.
(i) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 to carry out this section for fiscal year 2010
and such sums as are necessary for each of the 5 succeeding fiscal
years.
SEC. 5. LICENSING MATERIALS WITH A FEDERAL CONNECTION.
(a) In General.--Notwithstanding any other provision of law,
educational materials such as curricula and textbooks created through
grants distributed by Federal agencies, including the National Science
Foundation, for use in elementary, secondary, or postsecondary courses
shall be licensed under an open license.
(b) Accessibility.--The full and complete digital content of each
of the materials created as described in subsection (a) shall be--
(1) posted on an easily accessible and interoperable
website, which site shall be identified to the Secretary by the
grant recipient; and
(2) made available free of charge to, and may be
downloaded, redistributed, changed, revised, or otherwise
altered by, any member of the general public.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that institutions of higher education
should encourage the consideration of open textbooks by professors
within the generally accepted principles of academic freedom that
established the right and responsibility of faculty members,
individually and collectively, to select course materials that are
pedagogically most appropriate for their classes.
SEC. 7. REPORT TO CONGRESS.
Not later than September 30, 2015, the Secretary shall prepare and
submit a report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of the
House of Representatives detailing--
(1) the open textbooks created, updated, or adapted under
this Act;
(2) the adoption of such open textbooks; and
(3) the savings generated for students, States, and the
Federal Government though the use of open textbooks. | Open College Textbook Act of 2009 - Authorizes the Secretary of Education to award competitive one-year grants to institutions of higher education (IHEs), professors from IHEs, and producers of open textbooks to create or update open textbooks, or adapt textbooks into open formats, for postsecondary coursework. (Open textbooks are defined as college textbooks or course materials in electronic format that are licensed under an open license, which is an irrevocable intellectual property license that grants the public the right to access, customize, and distribute copyrighted material.)
Requires such textbooks to be posted on an easily accessible and interoperable website and made available to the public free of charge.
Directs the Secretary to develop a peer review and evaluation process to ensure that these textbooks are of the highest quality, accurate in content, and meet or exceed market quality and accessibility standards.
Requires all elementary, secondary, and postsecondary educational materials created through federal grants to be licensed under an open license, posted on an easily accessible and interoperable website, and made available to the public free of charge.
Expresses the sense of Congress that IHEs should encourage professors to consider open textbooks within the generally accepted principles of academic freedom which give faculty the right and responsibility to select pedagogically appropriate coursework. | {"src": "billsum_train", "title": "A bill to authorize grants for the creation, update, or adaption of open textbooks, and for other purposes."} | 1,764 | 282 | 0.581631 | 1.77665 | 0.97725 | 3.904167 | 7.070833 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Protection Act of
2003''.
SEC. 2. FINDINGS.
Congress hereby finds that--
(1) small businesses represent more than 99 percent of all
employers,
(2) the majority of private sector employees work for small
businesses,
(3) more than half of all high-tech workers work for small
businesses,
(4) small businesses are responsible for the majority of
net job creation in the United States,
(5) more than 12 million small businesses are owned by
women or minorities,
(6) small businesses face unique challenges in accessing
capital markets,
(7) small businesses are exposed to more market volatility
than larger employers,
(8) small businesses are hurt disproportionately by costs
imposed by government regulations, and
(9) small businesses are in need of reforms to the tax code
that reflect these unique challenges.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide employees salaries and benefits, and to help
ensure solvency of small businesses during times of recession,
(2) to encourage the formation, growth, and survival of
small businesses,
(3) to encourage opportunities for charitable giving by
small businesses, and
(4) to enable small businesses to stimulate the national
economy through increased employment and capital generation.
SEC. 4. SMALL BUSINESS PROTECTION ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:
``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible small business, there shall be allowed as a deduction for
any taxable year the amount paid in cash by the taxpayer during the
taxable year to a Small Business Protection Account.
``(b) Limitation.--
``(1) In general.--The amount which a taxpayer may pay into
a Small Business Protection Account for any taxable year shall
not exceed 50 percent of so much of the net profit of the
taxpayer (determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any trade or business.
``(2) Carryover of excess limitation.--If the limitation
under paragraph (1) for any taxable year exceeds the amount
paid by the taxpayer to the taxpayer's Small Business
Protection Account for such year, the limitation under
paragraph (1) for the following taxable year (determined
without regard to this paragraph) shall be increased by such
excess.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any trade or business if--
``(1) such trade or business (or any predecessor thereof)
meets the gross receipts test of section 448(c) for all prior
taxable years,
``(2) such trade or business is not a passive activity
(within the meaning of section 469(c)) of the taxpayer,
``(3) such trade or business is not a farming business (as
defined in section 263A(e)(4)), and
``(4) such trade or business has never been determined by
the United States Equal Employment Opportunity Commission to
have engaged in job discrimination.
``(d) Small Business Protection Account.--For purposes of this
section--
``(1) In general.--The term `Small Business Protection
Account' means a trust created or organized in the United
States for the exclusive benefit of the taxpayer, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
Small Business Protection Account shall be treated for purposes
of this title as the owner of such Account and shall be subject
to tax thereon in accordance with subpart E of part I of
subchapter J of this chapter (relating to grantors and others
treated as substantial owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a Small Business
Protection Account of the taxpayer during such taxable
year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible small business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a Small Business Protection
Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if
requirements similar to the requirements of section
408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any Small
Business Protection Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a Small Business
Protection Account (other than distributions of current
income) shall be treated as made from deposits in the
order in which such deposits were made, beginning with
the earliest deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible small business, there shall
be deemed distributed from the Small Business Protection
Account of the taxpayer an amount equal to the balance in such
Account (if any) at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible small business.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
Small Business Protection Account on the last day of a taxable
year if such payment is made on account of such taxable year
and is made on or before the due date (without regard to
extensions) for filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a Small Business Protection Account
shall make such reports regarding such Account to the Secretary and to
the person for whose benefit the Account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
persons at such time and in such manner as may be required by such
regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
``(4) a Small Business Protection Account (within the
meaning of section 468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
``(g) Excess Contributions to Small Business Protection Account.--
For purposes of this section, in the case of a Small Business
Protection Account (within the meaning of section 468C(d)), the term
`excess contributions' means the amount by which the amount contributed
for the taxable year to the Account exceeds the amount which may be
contributed to the Account under section 468C(b) for such taxable year.
For purposes of this subsection, any contribution which is distributed
out of the Small Business Protection Account in a distribution to which
section 468C(e)(2)(B) applies shall be treated as an amount not
contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
``(6) Special rule for Small Business Protection Account.--
A person for whose benefit a Small Business Protection Account
(within the meaning of section 468C(d)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Small Business
Protection Account by reason of the application of section
468C(f)(3)(A) to such account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following:
``(E) a Small Business Protection Account described
in section 468C(d),''.
(d) Failure To Provide Reports on Small Business Protection
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on certain tax-favored accounts or
annuities) is amended by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following:
``(C) section 468C(g) (relating to Small Business
Protection Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following:
``Sec. 468C. Small Business Protection
Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(g) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Small Business Administration
shall submit a report on the implementation and effectiveness of
section 468C of the Internal Revenue Code of 1986 (as added by this
section), with emphasis on the impact of Small Business Protection
Accounts in enterprise and similar zones, to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate.
SEC. 5. ADMINISTRATIVE AUTHORITY.
The Administrator of the Small Business Administration shall
designate the Small Business Development Center Program as the lead
agency for assisting small businesses in establishing and operating
Small Business Protection Accounts. The Internal Revenue Service shall
provide such assistance to the Small Business Administration as
necessary for the purposes of this section. | Small Business Protection Act of 2003 - Amends the Internal Revenue Code to allow a deduction, of up to 50 percent of net profit, for contributions to a Small Business Protection Account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes."} | 3,234 | 41 | 0.495372 | 1.174305 | 0.879882 | 3.028571 | 86.057143 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Credit Act of 1999''.
SEC. 2. DEFINITION OF DEBT FORGIVENESS.
Section 343(a)(12)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as
follows:
``(B) Exceptions.--The term `debt forgiveness' does
not include--
``(i) consolidation, rescheduling,
reamortization, or deferral of a loan;
``(ii) a write-down during the lifetime of
the borrower that is due to a financial problem
of the borrower relating to a natural disaster
or a medical condition of the borrower or an
immediate family member of the borrower (or, in
the case of a borrower that is an entity, a
principal owner of the borrower or an immediate
family member of such an owner); or
``(iii) any write-down provided as a part
of a resolution of a discrimination complaint
against the Secretary.''.
SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS.
Section 373(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008h(b)) is amended to read as follows:
``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt
Forgiveness.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may not make or guarantee a loan under subtitle A or
B to a borrower who, on more than 2 occasions, received debt
forgiveness on a loan made or guaranteed under this title.
``(2) Exceptions.--The Secretary may make a direct or
guaranteed farm operating loan for paying annual farm or ranch
operating expenses of a borrower who--
``(A) was restructured with a write-down under
section 353; or
``(B) is current on payments under a confirmed
reorganization plan under chapter 11, 12, or 13 of
title 11, United States Code.''.
SEC. 4. MARGIN REQUIREMENTS.
(a) Eligibility for Farmer Program Loan Guarantees.--Section
339(b)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1989(b)(3)) is amended by striking ``, including expenses of replacing
capital items (determined after taking into account depreciation of the
items)''; and
(b) Restructured Loan Valuation Determinations.--Section
353(c)(3)(C) of such Act (7 U.S.C. 2001(c)(3)(C)) is amended by
striking ``100 percent'' and inserting ``110 percent''.
SEC. 5. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS.
Section 355(c)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated
within such State'' and inserting ``in the first 10 months of the
fiscal year may be pooled and reallocated for use of socially
disadvantaged farmers and ranchers in other States as determined by the
Secretary, in excess of the funds otherwise allocated in accordance
with this section''.
SEC. 6. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS
OR EMERGENCIES.
(a) Direct Operating Loans.--Section 311(c) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (3), the''
and inserting ``The'';
(B) in subparagraph (B), by striking ``or'';
(C) in subparagraph (C), by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(D) is operating in an area which, during the
previous or current crop year--
``(i) the Secretary finds has been affected
by a natural disaster in the United States or
by a major disaster or emergency designated by
the President under the Disaster Relief and
Emergency Assistance Act; or
``(ii) has suffered from an economic
emergency, as determined by the Secretary.'';
and
(2) by striking paragraph (3).
(b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7
U.S.C. 1949(b)(2)) is amended to read as follows:
``(2) Disasters and emergencies.--A farmer or rancher shall
be eligible to receive a guaranteed operating loan under this
subtitle if the borrower is operating in an area which, during
the preceding or current crop year--
``(A) the Secretary finds has been affected by a
natural disaster in the United States or by a major
disaster or emergency designated by the President under
the Disaster Relief and Emergency Assistance Act; or
``(B) has suffered from an economic emergency, as
determined by the Secretary.''.
SEC. 7. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT.
(a) In General.--Section 353(e)(3) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``,
and 50'' and inserting ``, 50 percent if the recapture occurs after 4
years and within 8 years after the restructuring, and 35''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to shared appreciation arrangements with respect to which
recapture has not occurred, regardless of whether the arrangements were
entered into before, on, or after the date of the enactment of this
Act.
SEC. 8. TECHNICAL CORRECTION.
Section 353 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2001) is amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) and (o) as subsections
(m) and (n), respectively. | (Sec. 3) Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan.
(Sec. 4) Eliminates capital item replacement expenses in determinations of farmer program loan guarantee eligibility.
(Sec. 5) Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation).
(Sec. 6) Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency.
(Sec. 7) Revises (shared appreciation arrangement) recapture percentage provisions. | {"src": "billsum_train", "title": "Agricultural Credit Act of 1999"} | 1,464 | 194 | 0.520761 | 1.430896 | 0.792001 | 1.5 | 7.170732 | 0.817073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Energy Security Act'' or
the ``MESA Act''.
SEC. 2. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY.
(a) Pilot Program.--The Secretary of Defense, in coordination with
the Secretary of Energy, shall carry out a collaborative energy
security pilot program involving one or more partnerships between one
military installation and one national laboratory, for the purpose of
evaluating and validating secure, salable microgrid components and
systems for deployment.
(b) Selection of Military Installation and National Laboratory.--
The Secretary of Defense and the Secretary of Energy shall jointly
select a military installation and a national laboratory for the
purpose of carrying out the pilot program under this section. In making
such selections, the Secretaries shall consider each of the following:
(1) A commitment to participate made by a military
installation being considered for selection.
(2) The findings and recommendations of relevant energy
security assessments of military installations being considered
for selection.
(3) The availability of renewable energy sources at a
military installation being considered for selection.
(4) Potential synergies between the expertise and
capabilities of a national laboratory being considered for
selection and the infrastructure, interests, or other energy
security needs of a military installation being considered for
selection.
(5) The effects of any utility tariffs, surcharges, or
other considerations on the feasibility of enabling any excess
electricity generated on a military installation being
considered for selection to be sold or otherwise made available
to the local community near the installation.
(c) Program Elements.--The pilot program shall be carried out as
follows:
(1) Under the pilot program, the Secretaries shall evaluate
and validate the performance of new energy technologies that
may be incorporated into operating environments.
(2) The pilot program shall involve collaboration with the
Office of Electricity Delivery and Energy Reliability of the
Department of Energy and other offices and agencies within the
Department of Energy, as appropriate, and the Environmental
Security Technical Certification Program of the Department of
Defense.
(3) Under the pilot program, the Secretary of Defense shall
investigate opportunities for any excess electricity created
for the military installation to be sold or otherwise made
available the local community near the installation.
(4) The Secretary of Defense shall use the results of the
pilot program as the basis for informing key performance
parameters and validating energy components and designs that
could be implemented in various military installations across
the country and at forward operating bases.
(5) The pilot program shall support the effort of the
Secretary of Defense to use the military as a test bed to
demonstrate innovative energy technologies.
(d) Implementation and Duration.--The Secretary of Defense shall
begin the pilot program under this section by not later than July 1,
2011. Such pilot program shall be not less than three years in
duration.
(e) Reports.--
(1) Initial report.--Not later than October 1, 2011, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate an initial report that provides an
update on the implementation of the pilot program under this
section, including an identification of the selected military
installation and national laboratory partner and a description
of technologies under evaluation.
(2) Final report.--Not later than 90 days after completion
of the pilot program under this section, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representatives, the Committee on Energy and Commerce
of the House of Representatives, and the Committee on Energy
and Natural Resources of the Senate a report on the pilot
program, including any findings and recommendations of the
Secretary.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense to carry out this section--
(1) $5,000,000 for fiscal year 2011;
(2) $10,000,000 for fiscal year 2012; and
(3) $10,000,000 for fiscal year 2012.
(g) Definitions.--For purposes of this section:
(1) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and distributed
energy resources (including generators, energy storage devices,
and smart controls) that can operate with the utility grid or
in an intentional islanding mode.
(2) The term ``national laboratory'' means--
(A) a national laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) a national security laboratory (as defined in
section 3281 of the National Nuclear Security
Administration Act (50 U.S.C. 2471)). | Military Energy Security Act or the MESA Act - Directs the Secretary of Defense (DOD) to carry out a collaborative energy security pilot program involving one or more partnerships between a military installation and a national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment. Requires the Secretary and the Secretary of Energy (DOE) to jointly select a military installation and national laboratory for such purposes.
Requires an initial and final pilot program report from the Secretary to the congressional defense and energy committees. | {"src": "billsum_train", "title": "To direct the Secretary of Defense to carry out a pilot program on collaborative energy security."} | 989 | 123 | 0.633373 | 1.603658 | 0.648058 | 4.049505 | 9.673267 | 0.920792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jaime Zapata Border Enforcement
Security Task Force Act''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.
Congress finds the following:
(1) The Department of Homeland Security's (DHS) overriding
mission is to lead a unified national effort to protect the United
States. United States Immigration and Customs Enforcement (ICE) is
the largest investigative agency within DHS and is charged with
enforcing a wide array of laws, including laws related to securing
the border and combating criminal smuggling.
(2) Mexico's northern border with the United States has
experienced a dramatic surge in border crime and violence in recent
years due to intense competition between Mexican drug cartels and
criminal smuggling organizations that employ predatory tactics to
realize their profits.
(3) Law enforcement agencies at the United States northern
border also face challenges from transnational smuggling
organizations.
(4) In response, DHS has partnered with Federal, State, local,
tribal, and foreign law enforcement counterparts to create the
Border Enforcement Security Task Force (BEST) initiative as a
comprehensive approach to addressing border security threats. These
multi-agency teams are designed to increase information-sharing and
collaboration among the participating law enforcement agencies.
(5) BEST teams incorporate personnel from ICE, United States
Customs and Border Protection (CBP), the Drug Enforcement
Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATFE), the Federal Bureau of Investigation (FBI), the
United States Coast Guard (USCG), and the U.S. Attorney's Office
(USAO), along with other key Federal, State and local law
enforcement agencies.
(6) Foreign law enforcement agencies participating in BEST
include Mexico's Secretaria de Seguridad Publica (SSP), the Canada
Border Services Agency (CBSA), the Ontario Provincial Police (OPP),
and the Royal Canadian Mounted Police (RCMP).
SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 432. BORDER ENFORCEMENT SECURITY TASK FORCE.
``(a) Establishment.--There is established within the Department a
program to be known as the Border Enforcement Security Task Force
(referred to in this section as `BEST').
``(b) Purpose.--The purpose of BEST is to establish units to
enhance border security by addressing and reducing border security
threats and violence by--
``(1) facilitating collaboration among Federal, State, local,
tribal, and foreign law enforcement agencies to execute coordinated
activities in furtherance of border security, and homeland
security; and
``(2) enhancing information-sharing, including the
dissemination of homeland security information among such agencies.
``(c) Composition and Establishment of Units.--
``(1) Composition.--BEST units may be comprised of personnel
from--
``(A) U.S. Immigration and Customs Enforcement;
``(B) U.S. Customs and Border Protection;
``(C) the United States Coast Guard;
``(D) other Department personnel, as appropriate
``(E) other Federal agencies, as appropriate;
``(F) appropriate State law enforcement agencies;
``(G) foreign law enforcement agencies, as appropriate;
``(H) local law enforcement agencies from affected border
cities and communities; and
``(I) appropriate tribal law enforcement agencies.
``(2) Establishment of units.--The Secretary is authorized to
establish BEST units in jurisdictions in which such units can
contribute to BEST missions, as appropriate. Before establishing a
BEST unit, the Secretary shall consider--
``(A) whether the area in which the BEST unit would be
established is significantly impacted by cross-border threats;
``(B) the availability of Federal, State, local, tribal,
and foreign law enforcement resources to participate in the
BEST unit;
``(C) the extent to which border security threats are
having a significant harmful impact in the jurisdiction in
which the BEST unit is to be established, and other
jurisdictions in the country; and
``(D) whether or not an Integrated Border Enforcement Team
already exists in the area in which the BEST unit would be
established.
``(3) Duplication of efforts.--In determining whether to
establish a new BEST unit or to expand an existing BEST unit in a
given jurisdiction, the Secretary shall ensure that the BEST unit
under consideration does not duplicate the efforts of other
existing interagency task forces or centers within that
jurisdiction.
``(d) Operation.--After determining the jurisdictions in which to
establish BEST units under subsection (c)(2), and in order to provide
Federal assistance to such jurisdictions, the Secretary may--
``(1) direct the assignment of Federal personnel to BEST,
subject to the approval of the head of the department or agency
that employs such personnel; and
``(2) take other actions to assist Federal, State, local, and
tribal entities to participate in BEST, including providing
financial assistance, as appropriate, for operational,
administrative, and technological costs associated with the
participation of Federal, State, local, and tribal law enforcement
agencies in BEST.
``(e) Report.--Not later than 180 days after the date on which BEST
is established under this section, and annually thereafter for the
following 5 years, the Secretary shall submit a report to Congress that
describes the effectiveness of BEST in enhancing border security and
reducing the drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and across
the international borders of the United States, as measured by crime
statistics, including violent deaths, incidents of violence, and drug-
related arrests.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by
inserting after the item relating to section 431 the following:
``Sec. 432. Border Enforcement Security Task Force.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Jaime Zapata Border Enforcement Security Task Force Act - Amends the Homeland Security Act of 2002 to establish within the Department of Homeland Security (DHS) the Border Enforcement Security Task Force (BEST), which shall establish units to enhance border security by addressing and reducing border security threats and violence by: (1) facilitating collaboration among federal, state, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security and homeland security; and (2) enhancing information-sharing, including the dissemination of homeland security information among such agencies.
Authorizes the Secretary of Homeland Security to establish BEST units in jurisdictions in which such units can contribute to BEST missions, after considering: (1) whether the area in which the unit would be established is significantly impacted by cross-border threats; (2) the availability of federal, state, local, tribal, and foreign law enforcement resources to participate in the unit; (3) the extent to which border security threats are having a significant harmful impact in the area and in other U.S. jurisdictions; and (4) whether an Integrated Border Enforcement Team already exists in the area. Directs the Secretary, in determining whether to establish or expand a BEST unit in a given jurisdiction, to ensure that the unit under consideration does not duplicate the efforts of other existing interagency task forces or centers within that jurisdiction.
Authorizes the Secretary, after determining the jurisdictions in which to establish BEST units and in order to provide federal assistance to such jurisdictions, to: (1) direct the assignment of federal personnel to BEST; and (2) take other actions to assist federal, state, local, and tribal entities to participate in BEST, including providing financial assistance for operational, administrative, and technological costs associated with such participation.
Directs the Secretary to report annually on the effectiveness of the program in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across U.S. borders. | {"src": "billsum_train", "title": "To establish a Border Enforcement Security Task Force program to enhance border security by fostering coordinated efforts among Federal, State, and local border and law enforcement officials to protect United States border cities and communities from trans-national crime, including violence associated with drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, and for other purposes."} | 1,405 | 422 | 0.582762 | 1.922419 | 0.902096 | 6.452196 | 3.361757 | 0.984496 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``E-bonding for
Immigration Integrity Act of 2018''.
SEC. 2. REQUIREMENT OF BOND.
(a) Bond Required.--Prior to arriving at a port of entry of the
United States, an alien seeking admission to the United States shall
post a bond, in accordance with subsection (d), in an amount determined
by the Secretary if such alien seeks admission to the United States as
a nonimmigrant in a category--
(1) described under subparagraph (B), (F), (H)(ii)(b),
(H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); or
(2) identified by the Secretary, in accordance with section
3, to have a visa overstay rate that is more than 1.5 percent.
(b) Amount of Bond.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall, by rule, establish the
amount of the bond required by subsection (a) for each visa category
under subsection (a)(1) and each visa category identified by the
Secretary under section 3, which amount shall--
(1) be not less than $2,500 and not more than $10,000; and
(2) be determined based on the Secretary's assessment of
the level of risk of visa overstays for that category.
(c) Adjustment of Amount of Bond.--On an annual basis, the
Secretary shall review, and, as appropriate, adjust the amounts of the
bonds described in subsection (b).
(d) Payment of Bond.--An alien required to post the bond under
subsection (a) shall post such bond--
(1) in electronic form; and
(2) with a bonding agent designated by the Secretary as
qualified to hold such bond.
(e) Release of Bond.--The Secretary shall authorize a bonding agent
to release a bond--
(1) to an alien required to post such bond--
(A) after receiving a notification from the United
States embassy or consulate in the alien's country of
origin that such alien departed the United States and
returned to such country of origin; or
(B) if such alien changed or adjusted their status
to an immigration status not required to post a bond
under this section.
(2) to the E-bond Enforcement Fund under section 4 upon a
determination by the Secretary that an alien--
(A) overstayed their visa; or
(B) did not return to their country of origin
following the termination of their visa.
(f) Change of Status.--An alien who has been admitted to the United
States and who is required to post a bond under subsection (a) may be
required to post an additional bond if such alien changes their status
to that of a nonimmigrant in a category required to pay a higher bond
under this section.
(g) Collection of Records Relating to Bonds.--The United States
Embassy or United States consular office in the alien's country of
origin shall collect any records necessary to carry out this section.
(h) Effective Date.--This section shall take effect on the date
that is 120 calendar days after the enactment of this Act.
SEC. 3. VISA OVERSTAY RATE CATEGORIES.
The Secretary shall identify--
(1) the visa overstay rate for each category of
nonimmigrant aliens described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year; and
(2) each category of nonimmigrant aliens described under
such section that had a visa overstay rate in the previous year
that was more than 1.5 percent.
SEC. 4. E-BOND ENFORCEMENT FUND.
(a) In General.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``E-bond
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all amounts released under section 2(e)(2) of this Act.
(c) Use of Amounts.--Amounts deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by the
Secretary of the Treasury, to the Secretary of Homeland Security to--
(1) ensure compliance with this Act; and
(2) administer enforcement programs.
SEC. 5. REPORT.
Not later than 120 days after the date of the enactment of this
Act, and each year thereafter, the Secretary shall submit to the
committees of appropriate jurisdiction a report that includes--
(1) the visa overstay rate for each category of
nonimmigrant alien described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year;
(2) the categories that had a visa overstay rate in the
previous year that was more than 1.5 percent, as determined by
the Secretary in accordance with section 3;
(3) the amounts of the bonds, as determined by the
Secretary in accordance with section 2;
(4) information relating to the Fund under section 4; and
(5) any other information determined appropriate by the
Secretary.
SEC. 6. DEFINITIONS.
In this Act:
(1) Committees of appropriate jurisdiction.--The term
``committees of appropriate jurisdiction'' means--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security, unless otherwise provided.
(3) Visa overstay rate.--The term ``visa overstay rate''
means the ratio of, for each category of nonimmigrant aliens
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(15))--
(A) the number of aliens admitted to the United
States for each such category whose period of
authorized stays ended during a fiscal year but who
remained unlawfully in the United States beyond such
period; to
(B) the total number of aliens admitted to the
United States for each such category during that fiscal
year. | E-bonding for Immigration Integrity Act of 2018 This bill requires an alien who is in one of the following nonimmigrant categories to post a bond prior to being issued a U.S. entry visa: (1) an alien who is from a country with a visa overstay rate greater than 1.5%; or (2) a B-visa tourist or business entrant, an F-visa foreign student, an H-visa temporary nonagricultural worker, or a K-visa fiance/fiancee. The Department of Homeland Security (DHS) shall: (1) establish a $2,500-$10,000 bond amount, which shall be reviewed annually, for each visa category based upon overstay risk; and (2) identify nonimmigrant visa category overstay rates, including categories with overstay rates greater than 1.5%. The bill establishes the E-bond Enforcement Fund which shall be funded by forfeited bonds and used to ensure compliance with this bill and to administer enforcement programs. DHS shall report to Congress annually regarding: (1) visa overstay rates by nonimmigrant category, (2) categories with overstay rates greater than 1.5%, (3) bond amounts, and (4) fund information. | {"src": "billsum_train", "title": "E-bonding for Immigration Integrity Act of 2018"} | 1,461 | 256 | 0.62972 | 1.914827 | 0.693055 | 1.762332 | 5.802691 | 0.793722 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Indian Health Care
Improvement Technical Corrections Act of 1996''.
(b) References.--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 Indian Health Care Improvement Act.
SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT
ACT.
(a) Definition of Health Profession.--Section 4(n) (25 U.S.C.
1603(n)) is amended--
(1) by inserting ``allopathic medicine,'' before ``family
medicine''; and
(2) by striking ``and allied health professions'' and inserting
``an allied health profession, or any other health profession''.
(b) Indian Health Professions Scholarships.--Section 104(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking the matter preceding clause (i) and
inserting the following:
``(3)(A) The active duty service obligation under a written
contract with the Secretary under section 338A of the Public Health
Service Act (42 U.S.C. 254l) that an individual has entered into under
that section shall, if that individual is a recipient of an Indian
Health Scholarship, be met in full-time practice, by service--'';
(ii) by striking ``or'' at the end of clause (iii); and
(iii) by striking the period at the end of clause (iv)
and inserting ``; or'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) At the request of any individual who has entered into a
contract referred to in subparagraph (A) and who receives a degree in
medicine (including osteopathic or allopathic medicine), dentistry,
optometry, podiatry, or pharmacy, the Secretary shall defer the active
duty service obligation of that individual under that contract, in
order that such individual may complete any internship, residency, or
other advanced clinical training that is required for the practice of
that health profession, for an appropriate period (in years, as
determined by the Secretary), subject to the following conditions:
``(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period of
obligated service that is required under this section.
``(ii) The active duty service obligation of that individual
shall commence not later than 90 days after the completion of that
advanced clinical training (or by a date specified by the
Secretary).
``(iii) The active duty service obligation will be served in
the health profession of that individual, in a manner consistent
with clauses (i) through (v) of subparagraph (A).'';
(D) in subparagraph (C), as so redesignated, by striking
``prescribed under section 338C of the Public Health Service
Act (42 U.S.C. 254m) by service in a program specified in
subparagraph (A)'' and inserting ``described in subparagraph
(A) by service in a program specified in that subparagraph'';
and
(E) in subparagraph (D), as so redesignated--
(i) by striking ``Subject to subparagraph (B),'' and
inserting ``Subject to subparagraph (C),''; and
(ii) by striking ``prescribed under section 338C of the
Public Health Service Act (42 U.S.C. 254m)'' and inserting
``described in subparagraph (A)'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking the matter preceding
clause (i) and inserting the following:
``(B) the period of obligated service described in paragraph
(3)(A) shall be equal to the greater of--''; and
(B) in subparagraph (C), by striking ``(42 U.S.C.
254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))'';
and
(3) in paragraph (5), by adding at the end the following new
subparagraphs:
``(C) Upon the death of an individual who receives an Indian Health
Scholarship, any obligation of that individual for service or payment
that relates to that scholarship shall be canceled.
``(D) The Secretary shall provide for the partial or total waiver
or suspension of any obligation of service or payment of a recipient of
an Indian Health Scholarship if the Secretary determines that--
``(i) it is not possible for the recipient to meet that
obligation or make that payment;
``(ii) requiring that recipient to meet that obligation or make
that payment would result in extreme hardship to the recipient; or
``(iii) the enforcement of the requirement to meet the
obligation or make the payment would be unconscionable.
``(E) Notwithstanding any other provision of law, in any case of
extreme hardship or for other good cause shown, the Secretary may
waive, in whole or in part, the right of the United States to recover
funds made available under this section.
``(F) Notwithstanding any other provision of law, with respect to a
recipient of an Indian Health Scholarship, no obligation for payment
may be released by a discharge in bankruptcy under title 11, United
States Code, unless that discharge is granted after the expiration of
the 5-year period beginning on the initial date on which that payment
is due, and only if the bankruptcy court finds that the nondischarge of
the obligation would be unconscionable.''.
(c) California Contract Health Services Demonstration Program.--
Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(d) Extension of Certain Demonstration Program.--Section 405(c)(2)
(25 U.S.C. 1645(c)(2)) is amended by striking ``September 30, 1996''
and inserting ``September 30, 1998''.
(e) Gallup Alcohol and Substance Abuse Treatment Center.--Section
706(d) (25 U.S.C. 1665e(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of fiscal years 1996 through 2000, such sums as
may be necessary to carry out subsection (b).''.
(f) Substance Abuse Counselor Education Demonstration Program.--
Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(g) Home and Community-Based Care Demonstration Program.--Section
821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995,
1996, and 1997'' and inserting ``1996 through 2000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act concerning allopathic medicine and Indian health professions scholarships and active duty service obligations.
Amends the Indian Health Care Improvement Act to extend through FY 1998 the demonstration program for direct billing of Medicare, Medicaid, and other third party payors.
Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Gallup Alcohol and Substance Abuse Center; (3) Substance Abuse Counselor Education Demonstration Program; and (4) Home and Community-Based Care Demonstration Program. | {"src": "billsum_train", "title": "Indian Health Care Improvement Technical Corrections Act of 1996"} | 1,779 | 140 | 0.454655 | 1.230108 | 0.679533 | 2.880342 | 12.760684 | 0.82906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Carolina Opening Fossil Fuels
Safely and Harnessing Opportunities for Robust Employment Act'' or the
``NC OFFSHORE Act''.
SEC. 2. NORTH CAROLINA LEASE SALE.
Notwithstanding inclusion of the Mid-Atlantic Outer Continental
Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas
Leasing Program 2017-2022,'' the Secretary of the Interior--
(1) not later than 2 years after the date of the enactment
of this Act, shall conduct an oil and gas lease sale for areas
off the coast of North Carolina determined by the Secretary to
have the most geologically promising hydrocarbon resources and
constituting not less than 25 percent of the leasable area
within the North Carolina offshore administrative boundaries
depicted in the notice entitled ``Federal Outer Continental
Shelf (OCS) Administrative Boundaries Extending from the
Submerged Lands Act Boundary seaward to the Limit of the United
States Outer Continental Shelf'', published January 3, 2006 (71
Fed. Reg. 127); and
(2) shall conduct one such lease sale each year during the
5-year period beginning 2 years after the date of the enactment
of this Act.
SEC. 3. PROTECTION OF MILITARY OPERATIONS.
(a) Prohibition.--No person may engage in any exploration,
development, or production of oil or natural gas off the coast of North
Carolina that would conflict with any military operation, as determined
in accordance with the Memorandum of Agreement between the Department
of Defense and the Department of the Interior on Mutual Concerns on the
Outer Continental Shelf signed July 20, 1983, and any revision or
replacement for that agreement that is agreed to by the Secretary of
Defense and the Secretary of the Interior after that date but before
the date of issuance of the lease under which such exploration,
development, or production is conducted.
(b) Review and Updating of MOA.--The Secretary of the Interior and
the Secretary of Defense shall periodically review and revise such
memorandum of agreement to account for new offshore energy production
technologies, including those that use wind energy.
SEC. 4. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO COASTAL
STATES.
(a) In General.--Section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338) is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the NC OFFSHORE Act'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) Definitions.--In this section:
``(1) Coastal state.--The term `coastal State' means North
Carolina, Virginia, South Carolina, and Georgia.
``(2) New leasing revenues.--The term `new leasing
revenues' means amounts received by the United States as
bonuses, rents, and royalties under leases for oil and gas,
wind, tidal, or other energy exploration, development, and
production on new areas of the outer Continental Shelf that are
authorized to be made available for leasing as a result of
enactment of the NC OFFSHORE Act and leasing under that Act.'';
and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States.--Of the
amount of new leasing revenues received by the United States each
fiscal year, 37.5 percent shall be allocated and paid in accordance
with subsection (b) to coastal States that are affected States with
respect to the leases under which those revenues are received by the
United States.
``(b) Allocation of Payments.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to coastal States that are within 200 miles of the
leased tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract;
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract; and
``(C) in the case of a coastal State that is the
only coastal State within 200 miles of a leased tract,
100 percent of the total amounts allocated with respect
to the leased tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the coastal State
without further appropriation;
``(B) shall remain available until expended;
``(C) shall be in addition to any other amounts
available to the coastal State under this Act; and
``(D) shall be distributed in the fiscal year
following receipt.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by the laws of that State.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
(b) Limitation on Application.--This section and the amendments
made by this section shall not affect the application of section 105 of
the Gulf of Mexico Energy Security Act of 2006 (title I of division C
of Public Law 109-432; (43 U.S.C. 1331 note)), as in effect before the
enactment of this Act, with respect to revenues received by the United
States under oil and gas leases issued for tracts located in the
Western and Central Gulf of Mexico Outer Continental Shelf Planning
Areas, including such leases issued on or after the date of the
enactment of this Act. | North Carolina Opening Fossil Fuels Safely and Harnessing Opportunities for Robust Employment Act or the NC OFFSHORE Act This bill requires the Bureau of Ocean Energy Management (BOEM) to conduct one oil and gas lease sale off North Carolina's coast every year for five years. In addition, it protects military operations by allowing BOEM and the Department of Defense to mutually make certain areas off limits to exploration and allows coastal states to receive revenue from offshore energy projects. This mandate shall take effect not later than two years after enactment of this bill. | {"src": "billsum_train", "title": "NC OFFSHORE Act"} | 1,557 | 123 | 0.567208 | 1.544589 | 0.610785 | 2.19802 | 14.009901 | 0.772277 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cocopah Lands Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The reservation of the Cocopah Tribe of Arizona is
located in Yuma County, Arizona.
(2) That reservation was created by an Executive order
signed by President Woodrow Wilson in 1917.
(3) The Tribe's land holdings are located within 3
noncontiguous reservations comprising a total of approximately
6,226.3 acres of trust land.
(4) The Tribe purchased the additional lands to provide
infrastructure to housing areas, water, and economic
development to tribal members.
(5) The current trust land base of the reservation is
insufficient to provide such needs.
(6) The Tribe acquired 7 parcels of land contiguous to its
present reservation lands in 1986, 1993, 1997, and 2005, and
these parcels are currently classified as ``Tribal fee lands''
under Federal law.
(7) The acquired parcels shall not be taken into trust for
gaming purposes.
(8) The best means of solving the Tribe's land and economic
needs to its tribal members is to require the Secretary to take
lands in Yuma County, Arizona, that are acquired by the Tribe
into trust for the Tribe subject to the provisions of this Act.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of
Arizona.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LANDS TO BE TAKEN INTO TRUST.
(a) Lands To Be Taken Into Trust.--If the Tribe transfers title to
the land described in subsection (b) to the Secretary, the Secretary
shall take that land into trust for the benefit of the Tribe, if at the
time of such transfer there are no recognized environmental conditions
or contamination related concerns and no adverse legal claims to such
land, including outstanding liens, mortgages, or taxes owed.
(b) Land Described.--The land referred to in subsection (a) is
described as follows:
(1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/4\
of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila and
Salt River Base and Meridian, Yuma County, Arizona, except that
portion of the SW\1/4\ of the NW\1/4\, of said Sec. 1, T. 10
S., R. 25 W., lying southeasterly of the north right-of-way
line of the Bureau of Reclamation levee.
(2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/4\
of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila and
Salt River Base and Meridian, Yuma County, Arizona.
(3) Parcel 3 (mcdaniel purchase 1993).--That part of the
E\1/2\ of the SE\1/4\, lying south of the East Main Bureau of
Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W.,
of the Gila and Salt River Base and Meridian, Yuma County,
Arizona.
(4) Parcel 4 (holland purchase 1997).--That portion of the
NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the
San Bernardino Base and Meridian, Yuma County, Arizona, lying
north of the levee and Salinity Canal; except the north 220
feet.
(5) Parcel 5 (holland purchase 1997).--An easement over the
easterly 15 feet of the north 220 feet of that portion of the
NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of the
San Bernardino Base and Meridian, Yuma County, Arizona, lying
north of the levee and Salinity Canal for irrigation purposes.
(6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25,
Sec. 29, and Lots 16 and 17 and the N\1/2\ of the SW\1/4\ of
the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San
Bernardino Meridian, Yuma County, Arizona, according to the
dependent resurvey of the Bureau of Land Management, accepted
December 9, 1960.
(7) Parcel 7 (speed way purchase 2005).--That portion of
the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 23 W., of the
Gila and Salt River Base and Meridian, Yuma County, Arizona,
lying south and east of the East Main Canal; except the south
33 feet thereof; except one-third interest in and to all
mineral rights, as reserved in the deed recorded in Docket
1461, page 600, records of Yuma County, Arizona.
(c) Lands To Be Made Part of the Reservation.--Land taken into
trust pursuant to subsection (a) shall be considered to be part of the
Tribe's initial reservation.
(d) Service Area.--For the purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service area
shall be Yuma County, Arizona.
(e) Gaming Prohibited.--Land taken into trust for the benefit of
the Tribe under this Act shall not be used for gaming under the Indian
Gaming Regulatory Act. | Cocopah Lands Act - Requires the Secretary of the Interior to take certain land in Yuma County, Arizona, into trust for the Cocopah Indian Tribe, if the Tribe transfers title of the land to the Secretary and there are no recognized environmental problems with, or adverse legal claims to, the land.
Considers such land to be part of the Tribe's initial reservation.
Designates Yuma County, Arizona, as the Tribe's service area for the delivery of federal services to enrolled Tribe members.
Prohibits using the trust land for gaming under the Indian Gaming Regulatory Act. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Tribe of Arizona, and for other purposes."} | 1,278 | 136 | 0.577446 | 1.708168 | 0.632249 | 3.163636 | 9.736364 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenai Mountains-Turnagain Arm
National Heritage Corridor Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Kenai Mountains-Turnagain Arm transportation
corridor is a major gateway to Alaska and includes a range of
transportation routes used first by indigenous people who were
followed by pioneers who settled the Nation's last frontier;
(2) the natural history and scenic splendor of the region
are equally outstanding; vistas of nature's power include
evidence of earthquake subsidence, recent avalanches,
retreating glaciers and tidal action along Turnagain Arm, which
has the world's second greatest tidal range;
(3) the cultural landscape formed by indigenous people and
then by settlement, transportation and modern resource
development in this rugged and often treacherous natural
setting stands as powerful testimony to the human fortitude,
perseverance, and resourcefulness that is America's proudest
heritage from the people who settled the frontier;
(4) there is a national interest in recognizing,
preserving, promoting, and interpreting these resources;
(5) the Kenai Mountains-Turnagain Arm region is
geographically and culturally cohesive because it is defined by
a corridor of historic routes--trail, water, railroad, and
roadways through a distinct landscape of mountains, lakes, and
fjords;
(6) national significance of separate elements of the
region include, but are not limited to, the Iditarod National
Historic Trail, the Seward Highway National Scenic Byway, and
the Alaska Railroad National Scenic Railroad;
(7) national Heritage Corridor designation provides for the
interpretation of these routes, as well as the national
historic districts and numerous historic routes in the region
as part of the whole picture of human history in the wider
transportation corridor including early Native trade routes,
connections by waterway, mining trail, and other routes;
(8) national Heritage Corridor designation also provides
communities within the region with the motivation and means for
``grass roots'' regional coordination and partnerships with
each other and with borough, State, and Federal agencies; and
(9) national Heritage Corridor designation is supported by
the Kenai Peninsula Historical Association, the Seward
Historical Commission, the Seward City Council, the Hope and
Sunrise Historical Society, the Hope Chamber of Commerce, the
Alaska Association for Historic Preservation, the Cooper
Landing Community Club, the Alaska Wilderness Recreation and
Tourism Association, Anchorage Historic Properties, the
Anchorage Convention and Visitors Bureau, the Cook Inlet
Historical Society, the Moose Pass Sportsman's Club, the Alaska
Historical Commission, the Girdwood Board of Supervisors, the
Kenai River Special Management Area Advisory Board, the Bird/
Indian Community Council, the Kenai Peninsula Borough Trails
Commission, the Alaska Division of Parks and Recreation, the
Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing
Council, and the Anchorage Municipal Assembly.
(b) Purposes.--The purposes of this Act are--
(1) to recognize, preserve, and interpret the historic and
modern resource development and cultural landscapes of the
Kenai Mountains-Turnagain Arm historic transportation corridor,
and to promote and facilitate the public enjoyment of these
resources; and
(2) to foster, through financial and technical assistance,
the development of cooperative planning and partnerships among
the communities and borough, State, and Federal Government
entities.
SEC. 3. DEFINITIONS
In this Act:
(1) Heritage corridor.--The term ``Heritage Corridor''
means the Kenai Mountains-Turnagain Arm National Heritage
Corridor established by section 4(a) of this Act.
(2) Management entity.--The term ``management entity''
means the 11 member Board of Directors of the Kenai Mountains-
Turnagain Arm National Heritage Corridor Communities
Association, a non-profit corporation, established in
accordance with the laws of the State of Alaska.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Corridor.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Corridor.
(b) Boundaries.--The Heritage Corridor shall comprise the lands ion
the Kenai Mountains and upper Turnagain Arm region generally depicted
on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage
Corridor'', numbered ``Map #KMTA--1, and dated ``August 1999''. The map
shall be on file and available for public inspection in the offices of
the Alaska Regional Office of the National Park Service and in the
offices of the Alaska State Heritage Preservation Officer.
SEC. 5. MANAGEMENT ENTITY.
(a) To carry out the purposes of this Act, the Secretary shall
enter into a cooperative agreement with the management entity. The
cooperative agreement shall be prepared with public participation and
shall include information relating to the objectives and management of
the Heritage Corridor, including the following:
(1) A discussion of the goals and objectives of the
Heritage Corridor.
(2) An explanation of the proposed approach to conservation
and interpretation of the Heritage Corridor.
(3) A general outline of the protection measures, to which
the management entity commits.
(b) Nothing in this Act authorizes the management entity to assume
any management authorities or responsibilities on Federal lands.
(c) Representatives of other organizations shall be invited and
encouraged to participate with the management entity and in the
development and implementation of the management plan, including but
not limited to: The State Division of Parks and Outdoor Recreation; the
State Division of Mining, Land and Water; the Forest Service; the State
Historic Preservation Office; the Kenia Peninsula Borough, the
Municipality of Anchorage; the Alaska Railroad, the Alaska Department
of Transportation; and the National Park Service.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Management plan.--
(1) In general.--Not later than 3 years after the Secretary
enters into a cooperative agreement with the management entity,
the management entity shall develop a management plan for the
Heritage Corridor, taking into consideration existing Federal,
State, borough, and local plans.
(2) Contents.--The management plan shall include, but not
be limited to--
(A) comprehensive recommendations for
conservation, funding, management, and development of the Heritage
Corridor;
(B) a description of agreements on actions to be
carried out by public and private organizations to
protect the resources of the Heritage Corridor;
(C) a list of specific and potential sources of
funding to protect, manage, and develop the Heritage
Corridor;
(D) an inventory of the known cultural and historic
resources contained in the Heritage Corridor; and
(E) a description of the role and participation of
other Federal, State, and local agencies that have
jurisdiction on lands within the Heritage Corridor.
(b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
cooperative agreement with the Secretary and the management plan,
including assisting communities within the region in--
(1) carrying out programs which recognize important
resource values in the Heritage Corridor;
(2) encouraging economic viability in the affected
communities;
(3) establishing and maintaining interpretive exhibits in
the Heritage Corridor;
(4) improving and interpreting heritage trails;
(5) increasing public awareness and appreciation for the
natural, historical, and cultural resources and modern resource
development of the Heritage Corridor;
(6) restoring historic buildings and structures that are
located within the boundaries of the Heritage Corridor; and
(7) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are
placed throughout the Heritage Corridor.
(c) Public Meetings.--The management entity shall conduct 2 or more
public meetings each year regarding the initiation and implementation
of the management plan for the Heritage Corridor. The management entity
shall place a notice of each such meeting in a newspaper of general
circulation in the Heritage Corridor and shall make the minutes of the
meeting available to the public.
SEC. 7. DUTIES OF THE SECRETARY.
In accordance with the terms and conditions of the cooperative
agreement and upon the request of the management entity, and subject to
the availability of funds, the Secretary may provide administrative,
technical, financial, design, development, and operations assistance to
carry out the purposes of this Act.
SEC. 8. SAVINGS PROVISIONS.
(a)Regulatory Authority.--Nothing in this Act shall be construed to
grant powers of zoning or management of land use to the management
entity of the Heritage Corridor.
(b) Effect on Authority of Governments.--Nothing in this Act shall
be construed to modify, enlarge, or diminish any authority of the
Federal, State, or local governments to manage or regulate any use of
land as provided for by law or regulation.
(c) Effect on Business.--Nothing in this Act shall be construed to
obstruct or limit business activity on private development or resource
development activities.
SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.
The management entity may not use funds appropriated to carry out
the purposes of this Act to acquire real property or interest in real
property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) First Year.--For the first year $350,000 is authorized to be
appropriated to carry our the purposes of this Act, and is made
available upon the Secretary and the management entity entering into a
cooperative agreement as authorized in section 3.
(b) In General.--There is authorized to be appropriated not more
than $1,000,000 to carry out the purposes of this Act for any fiscal
year after the first year. Not more than $10,000,000, in the aggregate,
may be appropriated for the Heritage Corridor.
(c) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind services.
(d) Sunset Provision.--The Secretary may not make any grant or provide
any assistance under this Act beyond 15 years from the date that the
Secretary and management entity complete a cooperative agreement.
Passed the Senate August 3, 2001.
Attest:
JERI THOMSON,
Secretary. | Kenai Mountains-Turnagain Arm National Heritage Corridor Act of 2001 - Establishes in Alaska the Kenai Mountains-Turnagain Arm National Heritage Corridor.Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association (management entity); and (2) the management entity to develop a management plan for the Corridor.Authorizes appropriations. Earmarks funds, under specified conditions, to carry out this Act for the first year. Limits funds for any fiscal year thereafter, including the aggregate amount to be appropriated for the Corridor. Requires Federal funding provided under this Act to be matched at least 25 percent by other funds or in-kind services.Prohibits the Secretary from making grants or providing any assistance beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement. | {"src": "billsum_train", "title": "A bill to establish the Kenai Mountains-Turnagain Arm National Heritage Corridor in the State of Alaska, and for other purposes."} | 2,333 | 218 | 0.517482 | 1.735376 | 0.736362 | 5.035714 | 12.464286 | 0.928571 |
SECTION 1. CLASS SIZE DEMONSTRATION GRANTS.
Subpart 3 of part D of title V of the Higher Education Act of 1965
(20 U.S.C. 1109 et seq.) is amended to read as follows:
``Subpart 3--Class Size Demonstration Grants
``SEC. 561. PURPOSE.
``It is the purpose of this subpart to provide grants to State
educational agencies to enable such agencies to determine the benefits,
in various school settings, of reducing class size on the educational
performance of students and on classroom management and organization.
``SEC. 562. PROGRAM AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to State educational agencies to pay the
Federal share of the costs of conducting demonstration projects
that demonstrate methods of reducing class size that may
provide information meaningful to other State educational
agencies and local educational agencies.
``(2) Federal share.--The Federal share shall be 50
percent.
``(b) Reservation.--The Secretary may reserve not more than 5
percent of the amount appropriated under section 565A for each fiscal
year to carry out the activities described in section 565.
``(c) Selection Criteria.--The Secretary shall make grants to State
educational agencies on the basis of--
``(1) the need and the ability of a State educational
agency to reduce the class size of an elementary school or
secondary school served by such agency;
``(2) the ability of a State educational agency to furnish
the non-Federal share of the costs of the demonstration project
for which assistance is sought;
``(3) the ability of a State educational agency to continue
the project for which assistance is sought after the
termination of Federal financial assistance under this subpart;
and
``(4) the degree to which a State educational agency
demonstrates in the application submitted pursuant to section
564 consultation in program implementation and design with
parents, teachers, school administrators, and local teacher
organizations, where applicable.
``(d) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to demonstration projects that involve
at-risk students in the earliest grades, including educationally or
economically disadvantaged students, students with disabilities, and
limited English proficient students.
``(e) Grants Must Supplement Other Funds.--A State educational
agency shall use the Federal funds received under this subpart to
supplement and not supplant other Federal, State, and local funds
available to the State educational agency to carry out the purpose of
this subpart.
``SEC. 563. PROGRAM REQUIREMENTS.
``(a) Annual Competition.--In each fiscal year, the Secretary shall
announce the factors to be examined in a demonstration project assisted
under this subpart. Such factors may include--
``(1) the magnitude of the reduction in class size to be
achieved;
``(2) the level of education in which the demonstration
projects shall occur;
``(3) the form of the instructional strategy to be
demonstrated; and
``(4) the duration of the project.
``(b) Random Techniques and Appropriate Comparison Groups.--
Demonstration projects assisted under this subpart shall be designed to
utilize randomized techniques or appropriate comparison groups.
``SEC. 564. APPLICATION.
``(a) In General.--In order to receive a grant under this subpart,
a State educational agency shall submit an application to the Secretary
that is responsive to the announcement described in section 563(a), at
such time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(b) Duration.--The Secretary shall encourage State educational
agencies to submit applications under this subpart for a period of 5
years.
``(c) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of the objectives to be attained with
the grant funds and the manner in which the grant funds will be
used to reduce class size;
``(2) a description of the steps to be taken to achieve
target class sizes, including, where applicable, the
acquisition of additional teaching personnel and classroom
space;
``(3) a statement of the methods for the collection of data
necessary for the evaluation of the impact of class size
reduction programs on student achievement;
``(4) an assurance that the State educational agency will
pay, from non-Federal sources, the non-Federal share of the
costs of the demonstration project for which assistance is
sought; and
``(5) such additional assurances as the Secretary may
reasonably require.
``(d) Sufficient Size and Scope Required.--The Secretary shall
award grants under this subpart only to State educational agencies
submitting applications which described projects of sufficient size and
scope to contribute to carrying out the purpose of this subpart.
``SEC. 565. EVALUATION AND DISSEMINATION.
``(a) National Evaluation.--The Secretary shall conduct a national
evaluation of the demonstration projects assisted under this subpart to
determine the costs incurred in achieving the reduction in class size
and the effects of the reductions on results, such as student
performance in the affected subjects or grades, attendance, discipline,
classroom organization, management, and teacher satisfaction and
retention.
``(b) Cooperation.--Each State educational agency receiving a grant
under this subpart shall cooperate in the national evaluation described
in subsection (a) and shall provide such information to the Secretary
as the Secretary may reasonably require.
``(c) Reports.--The Secretary shall report to Congress on the
results of the evaluation conducted under subsection (a).
``(d) Dissemination.--The Secretary shall widely disseminate
information about the results of the class size demonstration projects
assisted under this subpart.
``SEC. 565A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$15,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal
years.''.
SEC. 2. PRIVATE SECTOR FUNDING FOR RESEARCH AND DEVELOPMENT BY NASA
RELATING TO AIRCRAFT PERFORMANCE.
The Administrator of the National Aeronautics and Space
Administration may not carry out research and development activities
relating to the performance of aircraft (including supersonic aircraft
and subsonic aircraft) unless the Administrator receives payment in
full for such activities from the private sector. | Amends the Higher Education Act of 1965 to establish a competitive Class Size Demonstration Grants program.
Directs the Secretary of Education to award such grants to State educational agencies (SEAs) to pay half of the costs of conducting projects that demonstrate methods of reducing class size that may provide information meaningful to other SEAs and local educational agencies (LEAs). Authorizes the Secretary to reserve up to five percent of funds for this Act for each fiscal year to carry out national evaluation and dissemination activities.
Sets forth program requirements for: (1) grant selection criteria; (2) priority for projects that involve at-risk students in the earliest grades, including educationally or economically disadvantaged students, students with disabilities, and limited English proficient students; (3) annual competitions; (4) random techniques and appropriate comparison groups; (5) applications; and (6) sufficient size and scope of projects.
Directs the Secretary to: (1) conduct, and report to the Congress on, a national evaluation of such projects to determine the costs incurred in achieving the reduction in class size and the effects of the reductions on results; and (2) widely disseminate information about the results of such projects.
Authorizes appropriations.
(Sec. 2) Prohibits the Administrator of the National Aeronautics and Space Administration from carrying out research and development activities relating to the performance of aircraft (including supersonic aircraft and subsonic aircraft) unless the Administrator receives payment in full for such activities from the private sector. | {"src": "billsum_train", "title": "A bill to provide class size demonstration grants."} | 1,432 | 319 | 0.590124 | 1.646925 | 0.852394 | 4.378007 | 4.501718 | 0.927835 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Scientific Fairness for Women
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) With respect to the Office of Women's Health within the
Food and Drug Administration:
(A) When first established, the Office reported
directly to the Commissioner of Food and Drugs.
(B) In the current organization of the Food and
Drug Administration (``FDA''), the Office of Women's
Health is located at the second level reporting within
the Office of the Commissioner and is within the Office
of Science and Health Coordination.
(2) With respect to the regulation by the FDA of silicone
breast implants:
(A) In a draft guidance issued in January 2004, the
FDA asked manufacturers of such implants--
(i) to describe the rates of implant
rupture over the lifetime of the product;
(ii) to describe the incidence of gel
migration resulting from ruptures; and
(iii) to characterize the health
consequences of ruptures and associated
migration.
(B) The manufacturers of silicone breast implants
have not complied with that draft guidance for the
specific implants in their premarket-approval
applications.
(C) A study released by FDA researchers in 2000
reviewed silicone breast implants that were an average
age of 17 years and concluded that 69 percent of the
women had ruptures in one or more silicone breast
implants, and 21 percent experienced gel migration
outside the implant. Implant manufacturers have not
established whether the implants in their premarket-
approval applications would have similar or different
failure rates and leakage after 17 years.
(D) In April 2005, a study published in the
American Journal of Surgical Pathology focusing on gel
migration found that 90 percent of the women studied
who had silicone implants showed silicone droplets in
their lymph nodes. The study also showed that 95
percent of these women had abnormal cells in their
lymph nodes, compared with only 33 percent of women who
had breast cancer surgery without the addition of
silicone implants.
(E) In 2003, the U.S. government entered into a
settlement with breast implant manufacturers for
reimbursement for medical expenses paid by the Federal
Government for women harmed by silicone gel breast
implants.
(F) FDA's Office of Criminal Investigations
(``OCI'') has investigated whether one manufacturer of
breast implants submitted inaccurate data on ruptures
in its application. The FDA OCI also is investigating
allegations regarding whether that same manufacturer
failed to ensure that their implants were used in
compliance with FDA restrictions for the Adjunct Study.
(3) With respect to the applications submitted to the FDA
by Barr Laboratories for approval of the contraceptive drug
marketed as Plan B:
(A) The FDA rejected the first Plan B application
in May 2004 because of concerns that easier access to
Plan B might result in increased promiscuity among
women under 16, despite studies disproving this
contention.
(B) The FDA said it would not approve the Plan B
application unless it included an age-based sales
distinction. In response, Barr Laboratories submitted a
new application to provide over-the-counter sales of
plan B to women 16 years and older. More than one-year
later, FDA expressed concern that the age-based sales
distinction would present regulatory concerns, even
though the amended application was the result of FDA's
recommendations.
(C) According to court documents released on August
3, 2006, the director of FDA's Office of New Drugs
learned early in 2004 that the then-FDA Commissioner
had decided against approval of Plan B before FDA staff
could complete their analysis.
(D) In another sworn deposition contained in the
same court documents, one FDA official was told in
January 2004 by the FDA Deputy Commissioner that Plan B
needed to be rejected to ``appease the administration's
constituents''.
(E) In a letter and congressional testimony on
August 1, the FDA Commissioner recommended that the
appropriate age range for over-the-counter Plan B is 18
and older. This recommendation was established
arbitrarily and acknowledged by FDA as not supported by
scientific data.
(F) A former FDA Commissioner testified in a sworn
statement that he delayed approving over-the-counter
sales of Plan B to determine how to restrict sales to
young teens.
(G) A study in the Journal of Obstetrics &
Gynecology concluded that young women are able to use
Plan B ``effectively and safely without health care
provider intervention''.
(H) In November 2005, the Governmental
Accountability Office found that the May 2004 decision
to deny OTC status to Plan B emergency contraception
``was unusual'' in that the decision was made at a much
higher level within FDA than is usual practice, that
the decision overruled recommendations by several
levels of professional staff, and that the decision to
limit OTC access to only those over a certain age was
made prior to the completion of the regular review
process.
SEC. 3. OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION.
Section 903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
392) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (g) (as so redesignated), in paragraph
(1), by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) by inserting after subsection (e) the following
subsection:
``(f) Office of Women's Health.--
``(1) In general.--There is established within the Office
of the Commissioner an office to be known as the Office of
Women's Health (referred to in this subsection as the
`Office'). The Office shall be headed by a director, who shall
report directly to the Commissioner.
``(2) Duties.--With respect to activities of the Food and
Drug Administration that relate to women's health, the Director
of the Office shall--
``(A) assess the level of agency activity;
``(B) set short-range and long-range goals; and
``(C) be responsible for activities related to
prevention, research, education and training, service
delivery, and policy development.''.
SEC. 4. SCIENCE ON BREAST IMPLANTS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515
the following section:
``SEC. 515A. BREAST IMPLANTS.
``(a) Demonstration of Safety for Life of the Device.--In the case
of an application under section 515 for a breast implant, the Secretary
shall not find that a reasonable assurance of safety has been shown
under section 515(d)(2) unless the applicant involved has established
the lifetime of the implant, and demonstrates, prior to approval of the
application, that safety has been demonstrated for the life of the
implant.
``(b) Certain Product Requirements.--In approving an application
under section 515 for a breast implant, the Secretary shall determine
appropriate clinical care and removal and replacement requirements for
the implant, including appropriate coverage by government health care
systems. In addition, the life of the implant and follow-up care and
removal requirements of the implant shall be clearly defined in all
materials, including labeling, patient information, and marketing
materials.
``(c) Report to Congress Regarding Approval.--Not later than 30
days after approving an application under section 515 regarding a
breast implant, the Secretary shall submit to the Congress a report
that summarizes the findings of the Secretary with respect to the
safety and effectiveness of the implant, including the finding under
subsection (a).
``(d) Breast Implant Advisory Committees.--With respect to
membership on any advisory committee of the Food and Drug
Administration (including any subcommittee or panel thereof) that
considers issues concerning breast implants, the following applies:
``(1) The Secretary may not grant any exemptions for
conflicts related to personal financial interests.
``(2) Before adding a member to the committee, the
Secretary shall post a notice on the Internet site of such
Administration that the individual involved will become a
member of the committee. The notice shall include a summary of
the professional and educational background of the individual.
``(3) The individual may not serve at any meeting of the
committee until 30 days after the notice is posted on such
site.
``(e) Study on the Ionization of Platinum.--The Secretary shall
provide for a study on the ionization and levels of platinum in
silicone breast implants, analyzing the platinum found in silicone gel
breast implants in vivo as well as levels and ionization found in the
women's tissues, breast milk, and other bodily fluids. The study shall
also report the potential short-term and long-term risks of the
presence of platinum or platinum salts. The Secretary shall establish a
panel of independent scientists, including scientists from the Centers
for Disease Control and Prevention and the National Institutes of
Health, for the purpose of designing and conducting the study.
``(f) Definition.--For purposes of this section, the term `breast
implant' means a device intended to be implanted to augment or
reconstruct the female breast that contains a filler material comprised
of a substance or substances other than sterile isotonic saline.''.
SEC. 5. SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN
UNDER AGE 18.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall convene a scientific workshop
within six months after the date of the enactment of this Act to review
and evaluate current scientific data on the use of emergency
contraception by females of childbearing potential under the age of 18.
The scientific workshop shall--
(1) address the scientific questions identified in the
recent limited approval of Plan B emergency contraception; and
(2) include among the participants in the workshop--
(A) scientific and clinical representatives from
the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the Society
of Adolescent Medicine, the American Medical
Association, the National Institutes of Health, and the
Agency for Healthcare Research and Quality;
(B) scientific and clinical researchers who have
carried out research on use of contraceptives,
including emergency contraceptives, by women under the
age of 18; and
(C) the appropriate review divisions of the Food
and Drug Administration and the professional scientific
and clinical staff within such divisions. | FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA).
Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a class III device for a breast implant unless the applicant involved has established the lifetime of the implant and demonstrates that safety has been demonstrated for the life of the implant. Requires the Secretary to determine appropriate clinical care and removal and replacement requirements for the implant, including appropriate coverage by government health care systems.
Sets forth provisions governing any FDA advisory committee that considers issues concerning breast implants, including that the Secretary may not grant any exemption for conflicts related to personal financial interests.
Requires the Secretary to: (1) provide for a study on the ionization and levels of platinum in silicone breast implants; and (2) establish a panel of independent scientists for the purpose of designing and conducting the study.
Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18, including scientific questions identified in the recent limited approval of Plan B emergency contraception. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18."} | 2,317 | 295 | 0.5468 | 1.856781 | 0.745795 | 5.961977 | 8.395437 | 0.958175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Government Lease
Agreement Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Indian tribal government'' means the
governing body of any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native
village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Fund'' means the Fund established by section
4.
(4) The term ``account'' means an account within the Fund
established on behalf of an Indian tribal government in
connection with a lease agreement entered into by that tribal
government pursuant to section 3.
(5) The term ``essential governmental function'' means any
function carried out by, or on behalf of, an Indian tribal
government involving the planning, design, construction,
repair, improvement, and expansion of education facilities.
SEC. 3. SELF-DETERMINATION AGREEMENTS.
(a) Purpose.--The Secretary is authorized, under section 102 of the
Indian Self-Determination and Education Assistance Act, to enter into
lease agreements with Indian tribal governments pursuant to which the
Secretary agrees to lease, for a period of years, facilities
constructed by any such tribal government for use in carrying out an
essential governmental function.
(b) Terms.--Any lease agreement shall include such terms and
conditions as the Secretary determines necessary or appropriate to
assure that the proceeds from bonds, sold by an Indian tribal
government for the purpose of constructing a facility to be covered by
such lease agreement, will be used only in the manner, and for the
purposes, approved by the Secretary.
(c) Indian Priority List.--In determining which Indian tribal
government may enter into a lease agreement under this Act, the
Secretary shall follow the Education Facilities Construction Priority
list as of fiscal year 1993 or as thereafter modified.
SEC. 4. THE TRIBAL GOVERNMENT LEASE FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Tribal Government Lease Fund. Each Indian tribal
government having a lease agreement under this Act shall have an
account in such Fund.
(b) Contents of Fund.--There shall be deposited in the appropriate
accounts within the Fund the following:
(1) Moneys appropriated to the accounts for payments in
connection with lease agreements under this Act.
(2) Income and gains realized by the account from any
investment of excess funds, and the obligations or securities
comprising such investments within such account.
(3) Any other receipts of such account.
(c) Excess Funds Investment.--If the Secretary of the Interior
determines that the amount of money in any such account exceeds the
amount required for current needs, the Secretary of the Treasury, at
the request of the Secretary of the Interior, may invest such amounts
as the Secretary of the Treasury deems advisable in obligations of, or
obligations guaranteed by, the Government of the United States, or in
such other governmental or agency obligations or other securities of
the United States as he deems appropriate.
(d) Depository.--The Secretary of the Treasury may deposit moneys
of the Fund with any Federal Reserve bank, any depository for public
funds, or in such other places and in such manner as the Secretary of
the Treasury deems appropriate.
(e) Uses.--Moneys in each account within the Fund shall be
administered by the Secretary in order--
(1) to effect the payment, when due, of the principal of,
and any interest on, bonds issued by the tribal government
having such account in connection with a facility covered by a
lease agreement under this Act;
(2) to redeem such bonds; and
(3) to make payment of all expenses incurred by the Indian
tribal government in carrying out its duties with respect to
its account within the Fund.
SEC. 5. AUTHORIZATION OF APPROPRIATION TO THE FUND; APPROPRIATIONS.
Moneys in such Fund, together with all moneys hereafter deposited
in such Fund, are hereby appropriated for the purposes of this Act and
shall remain available until expended. For fiscal year 1994, and each
fiscal year thereafter, there are authorized to be appropriated, to
each of the appropriate accounts in the Fund, such sums as may be
necessary to make payments under lease agreements under this Act, and
to carry out the other provisions of this Act.
SEC. 6. FULL FAITH AND CREDIT.
Any bond issued by an Indian tribal government after the date of
the enactment of this Act the proceeds of which are used for the
construction of a facility covered by a lease agreement under this Act
shall constitute general obligations of the United States of America
backed by the full faith and credit of the United States of America.
SEC. 7. AUDIT OF TRANSACTIONS.
(a) In General.--The Comptroller General of the United States is
authorized to audit the operations of each of the accounts within the
Fund in accordance with such rules and regulations as he may prescribe.
Any such audit shall be conducted at the place or places where accounts
of the Fund are normally kept. The representatives of the Comptroller
General shall have access to all books, accounts, records, reports,
files and other papers, things, or property belonging to, or in use by
or in connection with the Fund, or the Indian tribal government which
pertain to the financial transactions of the Fund and which are
necessary to facilitate an audit. Such representatives shall be
afforded full facilities for verifying transactions with the balances
or securities held by depositories, fiscal agents, and custodians. All
such books, accounts, records, reports, files, papers, things, and
property shall remain in the possession and custody of the Fund, or the
Indian tribal government, as the case may be.
(b) Access to Information.--The representatives of the Comptroller
General shall have access to all books, accounts, records, reports,
files, and other papers, things, or property belonging to or in use by
any person or entity which has entered into a financial transaction
with or involving the Fund, or the Indian tribal government, under this
Act, to the extent deemed necessary by the Comptroller General to
facilitate any audit of financial transactions pursuant to subsection
(a) of this section. Such representatives shall be afforded full
facilities for verifying transactions with the balances or securities
held by depositories, fiscal agents, and custodians. All such property
of such person or entity shall, to the extent practicable, remain in
the possession and custody of such person or entity.
(c) Report.--The Comptroller General shall make a report of each
such audit to the Congress. Such report shall contain all comments and
information which the Comptroller General deems necessary to inform
Congress of the financial operations and conditions of the Fund and any
recommendations which he deems advisable. Such report shall indicate
specifically and describe in detail any program, expenditure, or other
financial transaction or undertaking observed in the course of such
audit which the Comptroller General deems to have been carried on or
made without lawful authority or which is inconsistent with the
purposes and provisions of this Act. A copy of such report shall be
furnished to the President, the Secretary and the appropriate Indian
tribal governments under this Act at the time it is submitted to the
Congress. | Indian Tribal Government Lease Agreement Act - Authorizes the Secretary of the Interior to enter into facility lease agreements with Indian tribal governments for use in carrying out essential governmental functions.
Establishes in the Treasury the Tribal Government Lease Fund. | {"src": "billsum_train", "title": "Indian Tribal Government Lease Agreement Act"} | 1,644 | 51 | 0.595181 | 1.365033 | 1.330784 | 3.953488 | 36.162791 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to General Surgery
Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Health Workforce, the United
States faces a shortage of physicians.
(2) A 2016 study entitled ``Supply and Demand of General
Surgeons: Projections From 2014-2030'', prepared by the
University of North Carolina at Chapel Hill for the American
College of Surgeons, found that the supply of general surgeons
will grow slightly by 2030 but will not keep up with overall
growth in the United States population or demand for surgical
services.
(3) A 2017 report released by the Association of American
Medical Colleges projects shortages of between 19,800 and
29,000 surgeons by 2030.
(4) In order to accurately prepare for future physician
workforce demands, comprehensive, impartial research and high
quality data are needed to inform dynamic projections of
physician workforce needs.
(5) A variety of factors, including health outcomes,
utilization trends, growing and aging populations, and delivery
system changes, influence workforce needs and should be
considered as part of flexible projections of workforce needs.
(6) Given the particularly acute needs in many rural and
other surgical workforce shortage areas, additional efforts to
assess the adequacy of the current general surgeon workforce
are necessary.
SEC. 3. STUDY ON DESIGNATION OF GENERAL SURGERY SHORTAGE AREAS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XIII--General Surgery Shortage Areas
``SEC. 340J. DESIGNATION OF GENERAL SURGERY SHORTAGE AREAS.
``(a) General Surgery Shortage Area Defined.--For purposes of this
section, the term `general surgery shortage area' means, with respect
to an urban, suburban or rural area in the United States, an area that
has a population that is underserved by general surgeons.
``(b) Study and Report.--
``(1) Study.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall conduct a study on the following matters
relating to access by underserved populations to general
surgeons:
``(A) Whether current shortage designations, such
as the designation of health professional shortage
areas under section 332, results in accurate
assessments of the adequacy of local general surgeons
to address the needs of underserved populations in
urban, suburban, or rural areas.
``(B) Whether another measure of access to general
surgeons by underserved populations, such as one based
on general surgeons practicing within hospital service
areas, would provide more accurate assessments of
shortages in the availability of local general surgeons
to meets the needs of those populations.
``(C) Potential methodologies for the designation
of general surgery shortage areas, including the
methodology described in paragraph (2).
``(2) Methodology for the designation of areas.--Among the
methodologies considered under paragraph (1)(C) for the
designation of general surgery shortage areas, the Secretary
shall analyze the effectiveness and accuracy of the following
methodology:
``(A) Development of surgery service areas.--
Development of surgery service areas through the
identification of hospitals with surgery services and
the identification of populations by zip code areas
using Medicare patient origin data.
``(B) Identification of surgeons.--Identification
of all actively practicing general surgeons.
``(C) Surgeon to population ratios.--Development of
general surgeon-to-population ratios for each surgery
service area.
``(D) Thresholds.--Determination of threshold
general surgeon-to-population ratios for the number of
general surgeons necessary to treat a population for
each of the following levels:
``(i) Optimal supply of general surgeons.
``(ii) Adequate supply of general surgeons.
``(iii) Shortage of general surgeons.
``(iv) Critical shortage of general
surgeons.
``(3) Report.--Not later than one year after the date of
the enactment of this subpart, the Secretary shall submit to
Congress a report on the study conducted under this subsection.
``(4) Consultation.--In conducting the study under
paragraph (1), the Secretary shall consult with relevant
stakeholders, including medical societies, organizations
representing surgical facilities, organizations with expertise
in general surgery, and organizations representing patients.
``(5) Publication of data.--The Secretary shall
periodically collect and publish in the Federal Register--
``(A) data comparing the availability and need of
general surgery services in urban, suburban or rural
areas in the United States; and
``(B) if the Secretary designates one or more
general surgery shortage areas under subsection (c), a
list of the areas so designated.
``(c) Designation of General Surgery Shortage Areas.--
``(1) Methodology developed through regulation.--Not later
than 12 months after the date of the submission of the report
under subsection (b)(3), the Secretary may establish, through
notice and comment rulemaking, a methodology for the
designation of general surgery shortage areas under this
section.
``(2) Requirements.--If the Secretary elects to develop
methodology under paragraph (1), the following shall apply:
``(A) Using the methodology established under
paragraph (1) and taking into consideration the data
referred to in subsection (b)(5), the Secretary shall--
``(i) designate general surgery shortage
areas in the United States;
``(ii) publish a descriptive list of the
areas; and
``(iii) review annually, and, as necessary,
revise such designations.
``(B) The Secretary shall follow similar procedures
with respect to notice to appropriate parties,
opportunities for comment, dissemination of
information, and reports to Congress in designating
general surgery shortage areas under this section as
those that apply to the designation of health
professional shortage areas under section 332.
``(C) In designating general surgery shortage areas
under this subsection, the Secretary shall consult with
relevant stakeholders, including medical societies,
organizations representing surgical facilities,
organizations with expertise in general surgery, and
organizations representing patients.''. | Ensuring Access to General Surgery Act of 2017 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to study access by underserved populations to general surgeons, including: (1) whether the health professional shortage area designation under the National Health Service Corps program accurately assesses adequacy of access and whether another measure would be more accurate, and (2) potential methodologies for designating general surgery shortage areas. HHS must publish data comparing the availability and need of general surgery services in urban, suburban, and rural areas. HHS may establish a methodology for designating general surgery shortage areas and make such designations. HHS must publish a list of general surgery shortage areas. | {"src": "billsum_train", "title": "Ensuring Access to General Surgery Act of 2017"} | 1,375 | 153 | 0.651325 | 1.756804 | 0.706493 | 3.007463 | 9.649254 | 0.873134 |
SECTION 1. REPEAL OF THE MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item related to subchapter E.
(d) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2014.
SEC. 2. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)) may not use the method provided in subsection (b) in
inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2014.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 3. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Definitions.--In this section:
(1) Covered lease.--The term ``covered lease'' means a
lease for oil or gas production in the Gulf of Mexico that is--
(A) in existence on the date of enactment of this
Act;
(B) issued by the Department of the Interior under
section 304 of the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law
104-58); and
(C) not subject to limitations on royalty relief
based on market price that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person or
other entity that controls, is controlled by, or is in or under
common control with, a lessee.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Issuance of New Leases.--
(1) In general.--The Secretary shall not issue any new
lease that authorizes the production of oil or natural gas
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) to a person described in paragraph (2) unless the person
has renegotiated each covered lease with respect to which the
person is a lessee to modify the payment responsibilities of
the person to require the payment of royalties if the price of
oil and natural gas is greater than or equal to the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(2) Persons described.--A person referred to in paragraph
(1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date on
which the Secretary considers the issuance of
the new lease; or
(ii) was issued a covered lease before the
date of enactment of this Act, but transferred
the covered lease to another person or entity
(including a subsidiary or affiliate of the
lessee) after the date of enactment of this
Act; or
(B) any other person that has any direct or
indirect interest in, or that derives any benefit from,
a covered lease.
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph (1), if
there are multiple lessees that own a share of a
covered lease, the Secretary may implement separate
agreements with any lessee with a share of the covered
lease that modifies the payment responsibilities with
respect to the share of the lessee to include price
thresholds that are equal to or less than the price
thresholds described in clauses (v) through (vii) of
section 8(a)(3)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(a)(3)(C)).
(B) Treatment of share as covered lease.--Beginning
on the effective date of an agreement under
subparagraph (A), any share subject to the agreement
shall not constitute a covered lease with respect to
any lessees that entered into the agreement.
(c) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person has--
(1) renegotiated each covered lease with respect to which
the lessee or person is a lessee, to modify the payment
responsibilities of the lessee or person to include price
thresholds that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)); or
(2) entered into an agreement with the Secretary to modify
the terms of all covered leases of the lessee or other person
to include limitations on royalty relief based on market prices
that are equal to or less than the price thresholds described
in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(d) Price Thresholds for Royalty Suspension Provisions.--
(1) In general.--The Secretary shall agree to a request by
any lessee to amend any lease issued for any Central and
Western Gulf of Mexico tract during the period of January 1,
1996, through November 28, 2000, to incorporate price
thresholds applicable to royalty suspension provisions, that
are equal to or less than the price thresholds described in
clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Requirement.--
(A) In general.--A lease amended under paragraph
(1) shall impose the new or revised price thresholds
effective January 1, 2015.
(B) Existing lease provisions.--Existing lease
provisions for a lease amended under paragraph (1)
shall prevail through December 31, 2014. | This bill repeals the excise tax on medical devices and offsets the cost of such repeal by prohibiting: (1) major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (2) the issuance of new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act to any person who does not renegotiate their existing leases to generate payment of royalties from such leases. | {"src": "billsum_train", "title": "A bill to repeal the medical device excise tax, and for other purposes."} | 1,787 | 102 | 0.51469 | 1.334784 | 0.186938 | 2.62069 | 17.356322 | 0.873563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teaching Geography is Fundamental
Act''.
SEC. 2. GEOGRAPHY EDUCATION.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--GEOGRAPHY EDUCATION
``SEC. 231. FINDINGS.
``Congress makes the following findings:
``(1) Geographic literacy is essential to a well-prepared
citizenry in the 21st Century because geographic factors assume
greater importance as the world's economies, societies, and
political structures grow more global in scale.
``(2) In a recent National Geographic-Roper 9-country
survey of geographic literacy among young adults aged 18
through 24, Americans ranked second to last. Only 13 percent of
young adults aged 18 through 24 in the United States were able
to correctly identify Iraq on a map of Asia and the Middle
East.
``(3) The economic stature and competitiveness of the
United States requires increasingly sophisticated levels of
geographic knowledge and mastery of geographic tools.
``(4) United States Department of Labor data identifies
geotechnology as one of the 3 fastest growing employment fields
serving industries such as insurance, banking, real estate,
forestry, and agriculture as well as Federal, State, and local
Governments.
``(5) The National Academy of Sciences urged creation of a
national program to improve the geographic competence of the
United States general population and the school age population.
``(6) Geography is defined as a `core academic subject'
within the No Child Left Behind Act of 2001.
``(7) A recent National Geographic Society survey found
that all 50 States and the District of Columbia recognize
geography in their curricula or content standards, and an
increasing number require geography for graduation and include
geography in mandated statewide assessments.
``(8) Seven of 10 educators responding to a National
Geographic survey felt their professional development
opportunities in geography were inadequate and half believed
their schools had inadequate basic materials for teaching
geography.
``(9) The National Geographic Society has spent over 15
years pioneering an extraordinarily effective national program
for improving the teaching of geography by engaging university
faculty geographers and highly trained teachers in State
Geographic Alliances dedicated to providing high quality
professional development opportunities for kindergarten through
grade 12 teachers.
``(10) More than 60 colleges and universities in all 50
States have received grants from the National Geographic
Society to support State Geographic Alliances and their
professional development programs. Alliance-trained
kindergarten through grade 12 teachers and their higher
education partners conduct workshops, develop localized
teaching materials, and facilitate communication among
thousands of teachers whose responsibilities include teaching
of geography in various formats and grade levels.
``(11) A study by Mid-continent Research for Education and
Learning that assessed student academic achievement in
geography on the National Assessment of Educational Progress
showed that students taught by Alliance-trained teachers
outperformed other students by almost 10 percent.
``SEC. 232. PURPOSES AND OBJECTIVES.
``(a) Purpose.--The purpose of this part is to promote geographic
literacy and improved understanding of global cultures among
kindergarten through grade 12 students by expanding programs that
employ the geographic knowledge and expertise of faculty members in
institutions of higher education for the benefit of kindergarten
through grade 12 teachers and to otherwise advance geographic literacy.
``(b) Objectives.--The objectives of this part are the following:
``(1) To increase students knowledge of, and achievement
in, standards-based geography to enable the students to become
better informed and more productive citizens.
``(2) To increase the number of highly qualified teachers
of United States and world geography and to enable the teachers
to improve student mastery of geographic principles and
practical applications of those principles.
``(3) To encourage geographic education research, to
develop and disseminate effective instructional materials, and
to promote replication of best practices and exemplary programs
that foster geographic literacy.
``(4) To assist States in measuring the impact of education
in geography.
``(5) To leverage and expand private and public support for
geography education partnerships at national, State, and local
levels.
``SEC. 233. GRANT PROGRAM AUTHORIZED.
``The Secretary is authorized to award a grant to a national
nonprofit education organization or a consortium of organizations
(hereafter in this part referred to as the `grantee') that has as its
primary purpose the improvement of the quality of student understanding
of geography through effective teaching of geography in the Nation's
classrooms.
``SEC. 234. USE OF FUNDS.
``(a) Direct Activities.--The grantee shall use not more than 25
percent of the funds made available through the grant for a fiscal
year--
``(1) to strengthen and expand the grantee's relationships
with institutions of higher education and with State and local
agencies and other public and private organizations with a
commitment to geography education and the benefits of geography
education;
``(2) to support and promote research-based training of
teachers of geography and related disciplines in kindergarten
through grade 12 as a means of broadening student knowledge of
the world, including the dissemination of information on
effective practices and research findings concerning the
teaching of geography;
``(3) to support research on effective geography teaching
practices and the development of assessment instruments and
strategies to document student understanding of geography;
``(4) to convene national conferences on geography
education to assess the current state of geographic literacy
and to identify strategies for improvement; and
``(5) to develop and disseminate appropriate research-based
materials to foster geographic literacy.
``(b) Subgrants.--
``(1) In general.--The grantee shall use not more than 75
percent of the funds made available through the grant for a
fiscal year to award subgrants to eligible recipients.
``(2) Eligible recipient defined.--In this part the term
`eligible recipient' means an institution of higher education
associated with--
``(A) a State geographic alliance;
``(B) a nonprofit educational organization;
``(C) a State educational agency or local
educational agency; or
``(D) a partnership between or among an alliance,
organization, or agency described in subparagraph (A),
(B) or (C).
``(3) Subgrant uses of funds.--Eligible recipients shall
use the subgrant funds for 1 or more of the following purposes:
``(A) Conducting teacher training programs that use
effective and research-based approaches to the teaching
of geography at the kindergarten through grade 12
level.
``(B) Applying Geographic Information System (GIS)
or other geographic technological tools to the teaching
of geography.
``(C) Applying Internet and other distance leaning
technology to the teaching of geography or to the
continuing education of teachers.
``(D) Promoting rigorous academic standards and
assessment techniques to guide and measure student
performance in geography.
``(E) Promoting research in geography education,
emphasizing research that leads to improving student
achievement.
``(F) Carrying out local, field-based activities
for teachers and students to improve their knowledge of
the concepts and tools of geography while enhancing
understanding of their home region.
``(G) Promoting comparative studies of world
cultures, economies, and environments.
``(H) Encouraging replication of best practices and
model programs to promote geographic literacy.
``(I) Developing and disseminating effective,
research-based geography learning materials.
``(J) Convening State-based conferences to assess
the state of geographic literacy and to identify
strategies for improvement.
``SEC. 235. APPLICATIONS.
``(a) Grantee Applications.--To be eligible to receive a grant
under this part, the grantee shall submit to the Secretary an
application at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(b) Eligible Recipient Applications.--
``(1) Submission.--To be eligible to receive a subgrant
under this part, an eligible recipient shall submit an
application to the grantee at such time, in such manner and
accompanied by such information as the grantee may require.
``(2) Review.--
``(A) In general.--The grantee shall invite
individuals described in subparagraph (B) to review all
applications from eligible recipients for a subgrant
under this section and to make recommendations to the
grantee regarding the approval of the applications.
``(B) Reviewers.--The individuals referred to in
subparagraph (A) are the following:
``(i) Leaders in the field of geography
education.
``(ii) Such other individuals as the
grantee may determine are necessary or
desirable.
``SEC. 236. REQUIREMENTS.
``(a) Administrative Costs.--The grantee receiving a grant under
this part for a fiscal year, and each eligible recipient receiving a
subgrant under this part for a fiscal year, may use not more than 15
percent of the funds made available through the grant or subgrant,
respectively, for administrative costs.
``(b) Matching Requirements.--
``(1) In general.--In order to be eligible to receive a
subgrant under this part an eligible recipient shall agree in
the application submitted under section 235(b) to provide
matching funds towards the costs of the activities assisted
under the subgrant.
``(2) Amount.--An eligible recipient shall provide matching
funds in an amount equal to 20 percent of the subgrant funds
received under this part for the second and each succeeding
fiscal year for which subgrant payments are made.
``(3) Source of matching funds.--Matching funds may be
provided in cash or in kind, fairly evaluated, including
facilities, staffing salaries, and educational materials.
``SEC. 237. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$15,000,000 for fiscal year 2006 and each of the 4 succeeding fiscal
years.''. | Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement.
Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies.
Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies. | {"src": "billsum_train", "title": "A bill to improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education."} | 2,212 | 149 | 0.526526 | 1.558823 | 0.729914 | 2.700787 | 16.661417 | 0.92126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Pollution Wildlife Protection
Act''.
SEC. 2. NOTICE OF EXPLORATION AND DEVELOPMENT AND PRODUCTION PLANS.
(a) Notice of Exploration Plans.--Section 11 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at
the end the following:
``(i) Public Notice.--
``(1) The Secretary shall promptly publish notice in the
Federal Register of the receipt of any application or plan
submitted to the Secretary pursuant to this section, and make
electronically available to the public any such applications or
plans, except any information that the Secretary determines to
be proprietary.
``(2) The Secretary shall promptly publish notice in the
Federal Register of the Secretary's decision to approve, deny,
or modify any application or plan submitted to the Secretary
pursuant to this section.''.
(b) Notice of Development and Production Plans.--Section 25 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by adding
at the end the following:
``(m) Public Notice.--
``(1) The Secretary shall promptly publish notice in the
Federal Register of the receipt of any application or plan
submitted to the Secretary pursuant to this section, and make
electronically available to the public any such applications or
plans, except any information that the Secretary determines to
be proprietary.
``(2) The Secretary shall promptly publish notice in the
Federal Register of the Secretary's decision to approve, deny,
or modify any plan submitted to the Secretary pursuant to this
section.''.
SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION PLAN REQUIREMENTS IN
THE GULF OF MEXICO.
Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C.
1351) is amended--
(1) by striking ``other than the Gulf of Mexico,'' each
place it appears; and
(2) by striking subsection (l).
SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS.
(a) Exploration Plans.--Section 11 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340) is further amended by adding at the end the
following:
``(j) Certification of Compliance With Other Statutes.--
``(1) In general.--The Secretary shall not approve any
exploration plan or significant revision of an exploration
plan, or grant any license or permit under this section, unless
the Secretary certifies that--
``(A) such plan, approval, permit, or license is in
compliance with the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), Endangered Species Act (16
U.S.C. 1531 et seq.), Marine Mammal Protection Act (16
U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries
Conservation and Management Act (16 U.S.C. 1801 et
seq.), Clean Water Act (33 U.S.C. 1251 et seq.),
Coastal Zone Management Act (16 U.S.C. 1451 et seq.),
and any other applicable statutes, regulations, and
legal authorities; and
``(B) all permits and other authorizations required
under such statutes, regulations, and legal authorities
have been issued for activities to be conducted under
such plan, approval, permit, or license.
``(2) Prior consultation required.--Prior to making such
certification, the Secretary shall consult with any Federal
agency that has jurisdiction by law with respect to those Acts,
regulations, and authorities.''.
(b) Development and Production Plans.--Section 25 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1351) is further amended by
adding at the end the following:
``(n) Certification of Compliance With Other Statutes.--
``(1) In general.--The Secretary shall not approve any
development and production plan, or a significant revision of a
development and production plan, unless the Secretary certifies
that--
``(A) such plan, approval, permit, or license is in
compliance with the National Environmental Policy Act
(42 U.S.C. 4321 et seq.), Endangered Species Act (16
U.S.C. 1531 et seq.), Marine Mammal Protection Act (16
U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries
Conservation and Management Act (16 U.S.C. 1801 et
seq.), Clean Water Act (33 U.S.C. 1251 et seq.),
Coastal Zone Management Act (16 U.S.C. 1451 et seq.),
and any other applicable law and regulations; and
``(B) all permits and other authorizations required
under such statutes, regulations, and legal authorities
have been issued for activities to be conducted under
such plan, approval, permit, or license.
``(2) Prior consultation required.--Prior to making such
certification, the Secretary shall consult with any Federal
agency that has jurisdiction by law with respect to those Acts
or other applicable law and regulations.''.
SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED SPECIES AND FISHERIES.
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C.
1346) is amended--
(1) by striking so much as precedes subsection (a) and
inserting the following:
``SEC. 19. CONSULTATION REQUIREMENTS.'';
and
(2) by adding at the end the following:
``(f) Consultation Requirements for Endangered Species and
Fisheries.--The Secretary shall treat the notice of any lease sale, and
the approval of any leasing program, exploration plan or permit,
development and production plan, or development operation coordination
document, or the significant revision of such a program, plan, permit,
or document, as an agency action requiring consultation--
``(1) with the Secretary of Commerce or of the Interior
pursuant to section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) for any listed species that occur in the proposed
area of activity; and
``(2) with the Secretary of Commerce pursuant to section
305(b) of the Magnuson-Stevens Fisheries Conservation and
Management Act (16 U.S.C. 1855(b)).''.
SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND
SUBSISTENCE USE.
Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C.
1346) is amended by adding at the end the following:
``(g) Cumulative Impacts on Marine Mammal Species and Stocks and
Subsistence Use.--In determining, pursuant to subparagraphs (A)(i) and
(D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(a)(5)), whether takings from specified activities
administered under this title will have a negligible impact on a marine
mammal species or stock, and not have an unmitigable adverse impact on
the availability of such species or stock for taking for subsistence
uses, the Secretary of Commerce or Interior shall incorporate any
takings of such species or stock from any other reasonably foreseeable
activities administered under this Act.''.
SEC. 7. CITIZEN SUITS.
(a) Additional Authority To Bring Action Under Other Statutes.--
Section 23 of the Outer Continental Shelf Lands Act (43 U.S.C. 1349) is
amended by adding at the end the following:
``(d) Additional Authority To Bring Action Under Other Statutes.--
``(1) Authority.--In addition to remedies available under
other laws, any person may commence a civil action on the
person's own behalf, against the United States and any other
subject instrumentality or agency that is alleged to have
approved a leasing program, lease sale, exploration plan or
permit, or development and production plan, under section 18,
8, 10, or 25, respectively--
``(A) without having prepared an environmental
impact statement or environmental assessment pursuant
to section 102(2)(C) of the National Environmental
Policy Act 1969 (42 U.S.C. 4332), consulted with the
Secretary of Commerce or Secretary of the Interior
pursuant to section 7 of the Endangered Species Act
1973 (16 U.S.C. 1536), or consulted with the Secretary
of Commerce pursuant to section 305 of the Magnuson-
Stevens Fisheries Conservation and Management Act (16
U.S.C. 1855); or
``(B) without having complied with any other
provision of such statutes, the provisions of Act this
related to such statutes, or any regulation
implementing or issued under their authority of such
statutes.
``(2) Marine mammal protection act of 1972.--
``(A) In general.--In addition to remedies
available under other laws, any person may commence a
civil action on the person's own behalf to enjoin any
person who is alleged--
``(i) to have failed to obtain proper
authorization, pursuant to subparagraphs (A)
and (D) of section 101(a)(5) of the Marine
Mammal Protection Act of 1972 (16 U.S.C.
1371(a)(5)), prior to commencing an activity
that may take a marine mammal in exploration,
development, or production activities
administered under this Act; or
``(ii) to be in violation of any other
provision of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), or any
regulation issued under the authority thereof,
with respect to exploration, development, or
production activities administered under this
Act.
``(B) Intervention; award of costs.--In any action
under this paragraph--
``(i) the Attorney General, at the request
of the Secretary or of the Secretary of
Commerce, may intervene on behalf of the United
States as a matter of right; and
``(ii) the court, in issuing any final
order, may award costs of litigation (including
reasonable attorney and expert witness fees) to
any party, whenever the court determines such
award is appropriate.''.
(b) Time To Bring Action.--Section 23(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1349(a)) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``sixty days after the plaintiff
has given'' and inserting ``the plaintiff giving''; and
(B) by striking ``under oath''; and
(2) by striking paragraph (3) and redesignating paragraphs
(4) through (6) as paragraphs (3) through (5), respectively.
(c) Review of Approval of Leasing Program and Approval,
Modification, or Disapproval of Plans.--Section 23(c) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1349(c))--
(1) in paragraph (1), by inserting after ``District of
Columbia'' the following: ``or in a United States court of
appeals for a circuit in which an affected State is located'';
(2) in paragraph (3)--
(A) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(B) by striking ``sixty'' and inserting ``90'';
(3) in paragraph (5), by striking ``involved'' and
inserting ``specified in paragraph (1)''; and
(4) in paragraph (6), by striking the sentence beginning
``The findings of the Secretary''.
(d) Nonrestriction Clause.--Nothing in this section shall restrict
any right that any person (or class of persons) may have under any
other statute or under common law to seek enforcement of such statute
or to seek any other relief (including relief against the Secretary or
other persons). | Oil Pollution Wildlife Protection Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of Energy (DOE) to publish in the Federal Register and make electronically available to the public the Secretary's decision to approve, deny, or modify any geological and geophysical exploration, development, or production plans.
Repeals the exemption of the Gulf of Mexico from oil and gas development and production requirements for the outer Continental Shelf (OCS).
Prohibits the Secretary from approving any geological and geophysical exploration, development, or production plan, or any significant plan revision, or from granting any license or permit unless the Secretary certifies that: (1) such plan is in compliance with specified statutes, regulations, and legal authorities; and (2) all requisite authorizations have been issued for activities to be conducted under the plan.
Requires the Secretary to consult with the Secretaries of Commerce or of the Interior regarding any endangered species or fisheries that occur in the proposed area of activity.
Requires the Secretaries of Commerce or of the Interior to incorporate in environmental studies of areas or regions included in an oil and gas lease sale or other lease any takings of marine mammal species or stock from any other reasonably foreseeable activities when determining whether takings from specified OCSLA activities will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses.
Permits citizen suits against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, without having prepared an environmental impact statement or environmental assessment, or without having complied with other related requirements.
Authorizes a person to commence a civil action on the person's own behalf to enjoin any person alleged to have failed to obtain proper authorization pursuant to the Marine Mammal Protection Act of 1972. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act with regard to oversight and judicial review in connection with offshore oil production and exploration, and for other purposes."} | 2,746 | 440 | 0.611046 | 1.88634 | 0.713325 | 4.619303 | 6.265416 | 0.919571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Heroes of 9/11 Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) since September 11, 2001, the United States has been
engaged in a war different from any other in the history of our
Nation;
(2) in the eyes of the terrorists, we are all the enemy,
and the term ``innocent civilian'' has no meaning for such
terrorists;
(3) the deaths by airplane at the World Trade Center, at
the Pentagon, and in rural Pennsylvania represent an escalation
of direct terrorist attacks on civilians;
(4) the officers, emergency workers, and other employees of
State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the
World Trade Center in New York City and perished as a result of
the tragic events of September 11, 2001 (including those who
are missing and presumed dead), took heroic and noble action on
that day;
(5) the officers, emergency rescue workers, and employees
of local and United States Government agencies, who responded
to the attack on the Pentagon in Washington, D.C., took heroic
and noble action to evacuate the premises and prevent further
casualties of Pentagon employees;
(6) the passengers and crew of United Airlines Flight 93,
recognizing the potential danger that the aircraft that they
were aboard posed to large numbers of innocent Americans,
American institutions, and the symbols of American democracy,
took heroic and noble action to ensure that the aircraft could
not be used as a weapon; and
(7) given the unprecedented nature of the attacks against
the United States of America and the need to properly
demonstrate the support of the country for the victims of
terrorism, it is fitting that their sacrifice be recognized
with the award of an appropriate medal.
SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS.
(a) Presentation Authorized.--The President is authorized, on
behalf of Congress, to award to the personal representative or next of
kin of each individual referred to in subsection (c), a medal of
appropriate design, such medal to be known as the ``Fallen Heroes of 9/
11 Congressional Medal'', in recognition of the sacrifice made by each
such individual, and to honor their deaths on and following September
11, 2001.
(b) Design and Striking.--
(1) In general.--For purposes of the presentations referred
to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike 3 medals, of
such content and with such suitable emblems, devices, and
inscriptions as the Secretary determines to be appropriate to
be representative of and in honor of, respectively--
(A) victims of the attack at the World Trade
Center, including civilians, public safety officers,
emergency workers, and hijack victims;
(B) victims aboard United Airlines Flight 93 that
crashed in Pennsylvania; and
(C) victims at the Pentagon, including the hijack
victims.
(2) Consultation.--Before making a final determination with
respect to the design of the medal under this subsection, the
Secretary shall consult with the Secretary of Defense and such
other parties as the Secretary may determine to be appropriate.
(c) Eligibility To Receive Medal.--
(1) In general.--Any individual who died on or after
September 11, 2001, as a direct result of the act of terrorism
within the United States on that date, shall be eligible for a
medal authorized by subsection (a).
(2) Determination.--Eligibility under paragraph (1) shall
be determined by the Secretary, in consultation with such other
officers of the United States Government and State and local
officials as the Secretary determines to be appropriate.
SEC. 4. DUPLICATE MEDALS.
(a) Recipients of Duplicate Medals.--The Secretary shall strike
duplicates of the medals struck pursuant to section 3 for presentation
to each precinct house, firehouse, emergency response station, or other
duty station or place of employment to which each person referred to in
subsection (b) was assigned on September 11, 2001, for permanent
display in each such place in a manner befitting the memory of such
person.
(b) Public Safety, Emergency, and Other Workers.--Persons referred
to in this subsection are officers, emergency workers, and other
employees of State and local government agencies, including the Port
Authority of New York and New Jersey, and of the United States
Government and others, who responded to the attacks on the World Trade
Center in New York City on September 11, 2001, and perished as a direct
result of that act of terrorism (including those who are missing and
presumed dead).
SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS.
(a) Initial Lists.--Before the end of the 120-day period beginning
on the date of enactment of this Act, the Secretary shall establish--
(1) a list of the names of individuals eligible to receive
a medal under section 3(c)(1), during the period beginning on
September 11, 2001, and ending on the date of enactment of this
Act; and
(2) a list of the eligible recipients of a duplicate medal
under section 4.
(b) Subsequent Eligibility.--If any individual becomes eligible for
a medal under section 3(c)(1), or any other recipient becomes eligible
for a duplicate medal under section 4, the Secretary shall promptly add
the name of that individual or recipient to the appropriate list
established pursuant to subsection (a).
SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO DEFRAY COSTS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates of the medals struck under
this Act, at a price sufficient to cover the costs thereof, including
labor, materials, dies, use of machinery, and overhead expenses.
SEC. 7. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | Fallen Heroes of 9/11 Act - Authorizes the President to award a medal to be known as the "Fallen Heroes of 9/11 Congressional Medal," to the personal representative or next of kin of individuals killed as a result of the terrorist attacks of September 11, 2001, in recognition of their sacrifice and to honor their deaths.
Instructs the Secretary of the Treasury to strike three medals, to be representative of and in honor of, respectively: (1) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (2) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (3) victims at the Pentagon, including the hijack victims.
Declares eligible for such medal any individual who died on or after September 11, 2001, as a direct result of that act of terrorism within the United States.
States the medals are national medals. | {"src": "billsum_train", "title": "A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001."} | 1,336 | 190 | 0.663379 | 1.962352 | 0.933146 | 4.85 | 7.005556 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Child Health
Immunization Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--
(1) Current circumstances.--Congress finds the following:
(A) Immunizations are among the most cost-effective
means of preventing disease.
(B) Although Federal support for childhood
immunizations has been in existence since 1962, the
full potential of immunizations remains to be achieved.
Enactment and enforcement of school immunization
requirements have resulted in excellent immunization
levels (96 percent or greater) in school children.
However, approximately 80 percent of vaccine doses
should be received before the second birthday in order
to protect children during their most vulnerable
periods. Many children do not receive their basic
immunizations by that time, and in some inner cities as
few as 10 percent of 2-year-olds have received a
complete series. This low level of immunizations has
been reflected in recent years by outbreaks of measles
among inadequately immunized preschool children.
(C) The childhood immunization services delivery
infrastructure is both public and private. There is
considerable evidence to suggest that the private
infrastructure has been eroded over the past decade as
a result of the significantly increased cost of
privately purchased vaccines.
(D) Prices for privately purchased vaccines exceed
the prices paid for like vaccines in some other
industrialized nations by over 2500 percent.
(E) High vaccine costs, coupled with the growing
number of uninsured and underinsured families, has
resulted in private physicians increasingly referring
their private-pay patients to overburdened public
clinics for vaccinations.
(F) Eleven States now have programs that provide
vaccines without charge to both public and private
health care providers. Other States that have sought to
establish such programs have been denied additional
discounted vaccines by manufacturers.
(G) There is no evidence to suggest that a
negotiated price that takes into account the reasonable
cost of production, marketing, research and
development, and distribution will not fairly
compensate vaccine manufacturers. Indeed, a recent
report by the Congressional Office of Technology
Assessment supports the proposition that negotiated
rates can assure fair compensation while holding down
costs.
(H) The Secretary of Health and Human Services has
experience negotiating vaccine purchase through the
Federal contract system.
(I) The National Vaccine Injury Compensation
Program is an essential element in a comprehensive
immunization program and should be applied to
additional vaccines recommended for universal use in
children.
(2) Needed actions.--With respect to actions necessary to
ensure the full immunization of children at the earliest
possible age, Congress finds the following:
(A) The Federal Government should purchase and
provide free of charge to health care providers
vaccines recommended for universal use in children.
This action will not only remove financial barriers to
immunization that impede children from being vaccinated
at the appropriate time, but will also facilitate the
development of an immunization tracking system.
(B) The Federal Government and the States should
develop linked registries to track the immunization
status of the Nation's children. The registry system
should have the capability to notify parents of
inadequately immunized children of the need to protect
their children with specific vaccines.
(C) The coordinated national information and
education outreach initiative operated through the
Department of Health and Human Services should be
sustained to bring needed information to parents and
health care providers and focus their attention on the
importance of achieving the full and timely
immunization of children at the earliest appropriate
age.
(D) Private and public health insurers should be
encouraged to provide adequate reimbursement for the
administration of childhood vaccines.
(E) Volunteer community activities to promote the
full immunization of children at the earliest
appropriate age should be encouraged.
(F) The National Vaccine Injury Compensation
Program should be extended and improved. Vaccine
information materials should be simplified to ensure
that parents can understand the benefits and risks of
vaccines.
(b) Purpose.--It is the purpose of this Act to ensure that all
children in the United States are fully immunized against vaccine
preventable infectious diseases at the earliest appropriate age.
SEC. 3. FEDERAL PURCHASE OF CHILDHOOD VACCINES.
(a) Establishment of Program.--The Social Security Act (42 U.S.C.
301 et seq.) is amended by adding at the end thereof the following new
title:
``TITLE XXI--FEDERAL PURCHASE OF CHILDHOOD VACCINES
``purchase by the secretary
``Sec. 2101. (a) Purchase of Vaccines.--
``(1) In general.--The Secretary shall regularly contract
for the purchase of vaccines included on the list promulgated
by the Secretary pursuant to section 1931 (referred to in this
section as `recommended childhood vaccines') in amounts--
``(A) necessary for distribution under the Public
Health Service Act to meet anticipated needs for the
routine and catch-up immunization of children in the
United States in accordance with the recommendations
promulgated under section 1931 and for foreseeable
outbreak control activities;
``(B) necessary for the maintenance of a reserve
vaccine supply sufficient for a 6-month period; and
``(C) which take into account minimum waste due to
breakage or other unavoidable losses.
``(2) Consultations.--
``(A) Preprocurement consultations.--The Secretary
may consult with representatives of State governments,
experts in vaccine delivery, health care providers, and
others with expertise in purchasing and pricing
pharmaceutical products prior to soliciting bids or
offers for recommended childhood vaccines under this
section. Health care providers shall also furnish
periodic estimates to the States of the providers'
future dosage needs for recommended childhood vaccines
distributed under the Public Health Service Act. States
receiving Federal grants for immunization registries
shall report such data to the Secretary. All reports
shall be made with such frequency and in such detail as
the Secretary may prescribe.
``(B) Consultations with federal agencies.--The
Secretary shall, in order to determine the appropriate
vaccines and amounts of vaccines to be purchased under
paragraph (1), consult with Federal agencies involved
in research regarding, or the regulation, procurement,
or distribution of, recommended childhood vaccines.
Such consultation may be effected through the
establishment of a Vaccine Requirements Panel to be
composed entirely of representatives of the relevant
Federal agencies, or through such other means as the
Secretary determines appropriate.
``(3) Cost or pricing data.--
``(A) In general.--The Secretary shall negotiate a
reasonable price for vaccines to be purchased under
this section that fairly takes into account the excise
tax under section 4131 of the Internal Revenue Code of
1986 and the various costs described in subparagraph
(C).
``(B) Manufacturers.--A manufacturer of recommended
childhood vaccines shall provide cost or pricing data
in support of the manufacturer's proposed price at the
time the manufacturer responds to a procurement
instituted by the Secretary under this section. A
manufacturer shall also provide such data upon the
request of the Secretary whenever the Secretary
determines that contract modifications are necessary.
``(C) Type of information.--The information
required under subparagraph (B) shall include data
related to the research and development costs of the
vaccine, production costs, handling, shipping, and
other costs associated with delivering the vaccine to
health care providers and States in accordance with the
distribution plan of the Secretary (through the
manufacturers or a State, as the case may be) under the
Public Health Service Act, marketing costs, profit
levels sufficient to encourage future investments in
research and development of new or improved vaccines,
the cost of maintaining adequate capacity for outbreak
control, and any other data the Secretary determines
appropriate.
``(4) Confidentiality of data.--
``(A) In general.--Information provided to the
Secretary under paragraph (3) shall be treated as trade
secret or confidential information subject to section
552(b)(4) of title 5, United States Code, and section
1905 of title 18, United States Code, and shall not be
revealed to any person other than those authorized by
the Secretary in connection with carrying out official
duties under this section.
``(B) Prohibition on withholding.--Subparagraph (A)
shall not be construed as authorizing the withholding
of information provided under paragraph (3) from any
duly authorized subcommittee or committee of the
Congress. If the Secretary provides such information to
any subcommittee or committee, the Secretary shall give
written notice to the manufacturer that provided the
information.
``(C) Written procedures.--The Secretary shall
establish written procedures to ensure the
confidentiality of information provided under paragraph
(3).
``(5) Prohibition on additional shipping or handling
charges.--Each contract for the purchase of recommended
childhood vaccines under this section shall contain a provision
by which the manufacturer agrees to ship or otherwise arrange
for the delivery of such vaccines in accordance with the
distribution plan of the Secretary (through the manufacturers
or a State, as the case may be) without imposing any additional
charge for shipping, handling, or any other cost on the health
care provider or State to which the vaccine is shipped or
delivered.
``(6) Multiple suppliers.--To ensure a reliable and
adequate supply of vaccine and to stimulate competition, the
Secretary shall enter into contracts when feasible with
multiple manufacturers of the same recommended childhood
vaccine, under such terms and conditions and utilizing such
procurement processes as the Secretary determines appropriate.
``(7) Reporting requirements.--Each contract for the
purchase of recommended childhood vaccines under this section
shall require the manufacturer to report in a standardized form
to the Secretary, or the Secretary's designee, and appropriate
States, at intervals determined by the Secretary, data
regarding the destination of the vaccines by lot number, and
any other information related to the vaccines purchased that
the Secretary may require.
``(b) Funding.--There shall be made available for expenditure by
the Secretary, out of the Comprehensive Child Immunization Account in
the Treasury of the United States established pursuant to section 3(b)
of the Comprehensive Child Health Immunization Act of 1993, such
amounts as are required to carry out this section for fiscal year 1995
and for each fiscal year thereafter during which this section remains
in effect.''.
(b) Funding for Program.--
(1) Maintenance of separately identifiable account.--There
shall be established in the Treasury of the United States a
Comprehensive Child Immunization Account for the purpose of
funding the activities under section 2101 of the Social
Security Act (as added by subsection (a) of this section).
(2) Source of receipts.--Receipts shall be credited to the
account established under paragraph (1) as may be provided in
Federal law.
(c) Termination of Program.--Such 2101 of the Social Security Act
(as added by subsection (a) of this section) shall cease to be in
effect beginning on such date as may be prescribed by a Federal law
providing for immunization services for all children as part of a
broad-based reform of the national health care system.
SEC. 4. REQUIREMENTS CONCERNING IMMUNIZATIONS OF CHILDREN UNDER STATE
MEDICAID PROGRAMS.
(a) Coverage of Immunizations under Early and Periodic Screening,
Diagnosis, and Testing (EPSDT).--Section 1905(r)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1396d(r)(1)(B)(iii)) is amended to read
as follows:
``(iii) administration of appropriate recommended
childhood vaccines included on the list promulgated by
the Secretary under section 1931, taking into account
the health history of the individual,''.
(b) Reimbursement Rates for Recommended Childhood Vaccines.--
Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13))
is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by inserting ``and'' at the end of subparagraph (F);
and
(3) by adding at the end the following new subparagraph:
``(G) that payments to providers shall include
amounts, as appropriate, as reimbursement for the
administration of recommended childhood vaccines in
accordance with section 1905(r)(1)(B)(iii);''.
(c) Recommended Childhood Vaccines.--Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end
the following new section:
``recommended childhood vaccines
``Sec. 1931. Not later than October 1, 1994, (and periodically
thereafter as the Secretary determines appropriate in view of advances
in scientific understanding in the areas of immunization and disease
control) the Secretary shall promulgate a list of vaccines that provide
immunization against naturally occurring infectious diseases and are
recommended for universal use in children. The Secretary shall
concurrently promulgate recommendations regarding the appropriate
dosage for each such vaccine, and the age or ages of children at which
each vaccine should be administered.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective
with respect to calendar quarters beginning on and after
October 1, 1994.
(2) Extension for state law amendment.--In the case of a
State plan under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the additional
requirements imposed by the amendments made by subsection (b),
the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet these additional requirements before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
SEC. 5. NATIONAL VACCINE INJURY COMPENSATION PROGRAM AMENDMENTS.
(a) Use of Vaccine Injury Compensation Trust Fund.--
(1) Section 9510(c)(1) of the Internal Revenue Code of 1986
is amended by striking out ``, and before October 1, 1992,''.
(2) Section 6601(r) of the Omnibus Budget Reconciliation
Act of 1989 is amended by striking out ``$2,500,000 for each of
fiscal years 1991 and 1992'' each place it appears and
inserting in lieu thereof `` $3,000,000 for fiscal year 1994
and each fiscal year thereafter''.
(b) Permanent Extension of Authority to Impose Taxes for the
Vaccine Injury Compensation Trust Fund.--
(1) Permanent extension of tax.--Section 4131(c) of the
Internal Revenue Code of 1986 is repealed.
(2) Reinstatement of tax.--The tax imposed by section 4131
of the Internal Revenue Code of 1986 is hereby reinstated
effective April 1, 1993.
SEC. 6. NATIONAL IMMUNIZATION TRACKING SYSTEM.
On such date as section 2101 of the Social Security Act (as added
by section 3(a) of this Act) shall cease to be in effect as provided in
section 3(c) of this Act, the Secretary of Health and Human Services
shall implement a program to ensure participation of all health care
providers in a national immunization tracking system.
S 733 IS----2 | Comprehensive Child Health Immunization Act of 1993 - Amends the Social Security Act to direct the Secretary of Health and Human Services to regularly contract for the purchase of specified childhood vaccines in amounts: (1) necessary for distribution under the Public Health Service Act to meet anticipated needs and for the maintenance of a reserve vaccine supply sufficient for a six-month period; and (2) which take into account minimum waste due to breakage or other unavoidable losses.
Requires: (1) the Secretary to negotiate a reasonable price for vaccines to be purchased; and (2) a manufacturer of such vaccines to provide cost or pricing data in support of the manufacturer's proposed price (and other data whenever the Secretary determines that contract modifications are necessary).
Sets forth provisions regarding: (1) the confidentiality of such data; (2) the prohibition of additional shipping or handling charges; (3) multiple suppliers; (4) reporting requirements; (5) funding the program under this Act (including establishment in the Treasury of a Comprehensive Child Immunization Account); and (6) termination of the program.
Directs that: (1) the term "early and periodic screening, diagnostic, and treatment services" under such Act include administration of specified childhood vaccines, taking into account the health history of the individual (currently, appropriate immunizations according to age and health history); and (2) payments from State plans to providers include reimbursement for the administration of recommended childhood vaccines.
Directs the Secretary to promulgate: (1) a list of vaccines that provide immunization against naturally occurring infectious diseases which are recommended for universal use in children; and (2) recommendations regarding appropriate dosages and ages of children at which each vaccine should be administered.
Amends: (1) the Internal Revenue Code to remove a limitation on the use of the Vaccine Injury Compensation Trust Fund; and (2) the Omnibus Budget Reconciliation Act of 1989 to provide for a permanent extension of authority to impose taxes for such Fund.
Directs the Secretary to implement a program to ensure participation of all health care providers in a national immunization tracking system. | {"src": "billsum_train", "title": "Comprehensive Child Health Immunization Act of 1993"} | 3,488 | 432 | 0.554546 | 1.795234 | 0.682982 | 3.643541 | 7.471292 | 0.921053 |
SECTION 1. NET METERING.
(a) Adoption of Standard.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(11) Net metering.--
``(A) In general.--On the request of any electric
consumer served by an electric utility, the electric
utility shall make available to the electric consumer
net metering as provided in section 115(i).
``(B) Consideration by state regulatory
authorities.--Notwithstanding subsections (b) and (c)
of section 112, not later than 1 year after the date of
enactment of this paragraph, a State regulatory
authority may consider and make a determination
concerning whether it is in the public interest to
decline to implement subparagraph (A) in the State.
``(C) Incentives.--Nothing in this paragraph
precludes a State from establishing incentives to
encourage on-site generating facilities and net
metering in addition to the requirement under this
subsection.
``(D) Reports.--Not later than 1 year after the
date of enactment of this paragraph and annually
thereafter, the Secretary shall submit to Congress a
report that--
``(i) describes the status of
implementation by the States of subparagraph
(A);
``(ii) contains a list of pre-approved
systems and equipment eligible for uniform
interconnection treatment; and
``(iii) describes the public benefits that
have been derived from net metering and
interconnection standards.''.
(b) Special Rules for Net Metering.--Section 115 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended by
adding at the end the following:
``(i) Net Metering.--
``(1) Definitions.--In this subsection:
``(A) Eligible on-site generating facility.--The
term `eligible on-site generating facility' means--
``(i) a facility on the site of a
residential electric consumer with a maximum
generating capacity of 25 kilowatts or less
that is fueled by solar energy, wind energy, or
fuel cells; and
``(ii) a facility on the site of a
commercial electric consumer with a maximum
generating capacity of 1000 kilowatts or less
that is fueled solely by a renewable energy
resource, landfill gas, or a high-efficiency
system.
``(B) High efficiency system.--The term `high
efficiency system' means a system that is comprised
of--
``(i) fuel cells; or
``(ii) combined heat and power.
``(C) Net metering service.--The term `net metering
service' means service to an electric consumer, as
provided in section 111(d)(11), under which electric
energy generated by that electric consumer from an
eligible on-site generating facility and delivered to
the local distribution facilities may be used to offset
electric energy provided by the electric utility to the
electric consumer during the applicable billing period.
``(D) Renewable energy resource.--The term
`renewable energy resource' means solar, wind, biomass,
micro-freeflow-hydro, or geothermal energy.
``(2) Net metering service.--For the purposes of
undertaking the consideration and making the determination with
respect to the standard concerning net metering established by
section 111(d)(11), the term `net metering service' means a
service provided in accordance with this subsection.
``(3) Charges by an electric utility.--An electric
utility--
``(A) shall charge the owner or operator of an on-
site generating facility rates and charges that are
identical to those that would be charged other electric
consumers of the electric utility in the same rate
class; and
``(B) shall not charge the owner or operator of an
on-site generating facility any additional standby,
capacity, interconnection, or other rate or charge.
``(4) Measurement of quantities.--An electric utility that
sells electric energy to the owner or operator of an on-site
generating facility shall measure the quantity of electric
energy produced by the on-site facility and the quantity of
electric energy consumed by the owner or operator of an on-site
generating facility during a billing period with a single bi-
directional meter or otherwise in accordance with reasonable
metering practices.
``(5) Quantity sold in excess of quantity supplied.--If the
quantity of electric energy sold by the electric utility to an
on-site generating facility exceeds the quantity of electric
energy supplied by the on-site generating facility to the
electric utility during the billing period, the electric
utility may bill the owner or operator for the net quantity of
electric energy sold, in accordance with reasonable metering
practices.
``(6) Quantity supplied in excess of quantity sold.--If the
quantity of electric energy supplied by the on-site generating
facility to the electric utility exceeds the quantity of
electric energy sold by the electric utility to the on-site
generating facility during the billing period--
``(A) the electric utility may bill the owner or
operator of the on-site generating facility for the
appropriate charges for the billing period in
accordance with paragraph (5); and
``(B) the owner or operator of the on-site
generating facility shall be credited for the excess
kilowatt-hours generated during the billing period
with--
``(i) a kilowatt-hour credit appearing on
the bill for the following billing period; or
``(ii) a cash refund.
``(7) Compliance with standards.--An eligible on-site
generating facility and net metering system used by an electric
consumer shall meet all applicable safety, performance,
reliability, and interconnection standards established by the
National Electrical Code, the Institute of Electrical and
Electronics Engineers, and Underwriters Laboratories.
``(8) Requirements.--The Commission, after consideration of
all applicable safety, performance, reliability, and
interconnection standards established by the National
Electrical Code, the Institute of Electrical and Electronics
Engineers, and Underwriters Laboratories, and consultation with
State regulatory authorities and unregulated electric
utilities, and after notice and opportunity for comment, shall
promulgate additional control, testing, and interconnection
requirements for on-site generating facilities and net metering
systems that the Commission determines are necessary to protect
public safety and system reliability.''. | Amends the Public Utility Regulatory Policies Act of 1978 to require each electric utility to make net metering service available upon consumer request.
Permits a State regulatory authority, one year after enactment of this Act, to determine whether it is in the public interest to decline to implement such requirement.
Permits a State to establish incentives to encourage on-site generating facilities and net metering in addition to the requirements of this Act.
Requires an electric utility to charge the owner or operator of an on-site generating facility rates that are identical to those charged to its other electric consumers in the same rate class.
Bars such utility from charging the owner or operator of an on-site generating facility any additional standby, capacity, interconnection, or other charges.
Prescribes guidelines for: (1) electric energy sales to the owner or operator of an on-site generating facility; and (2) measurements of electric energy consumed.
Directs the Federal Energy Regulatory Commission to promulgate additional control, testing, and interconnection requirements for on-site generating facilities and net metering systems deemed necessary to protect public safety and system reliability. | {"src": "billsum_train", "title": "A bill to amend the Public Utility Regulatory Policies Act of 1978 to require electric utilities to provide net metering service."} | 1,461 | 245 | 0.623585 | 1.687026 | 0.843666 | 4.16129 | 5.995392 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydroelectric Licensing and
Incentives Act of 2001''.
SEC. 2. IMPROVEMENTS TO HYDROPOWER RELICENSING PROCESS.
(a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a
and following) is amended by adding at the end the following:
``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
TO LICENSES.
``(a) Definitions.--In this section:
``(1) Condition.--The term `condition' means--
``(A) a condition to a license for a project on a
Federal reservation determined by a consulting agency
for the purpose of the first proviso of section 4(e);
or
``(B) a prescription relating to the construction,
maintenance, or operation of a fishway determined by a
consulting agency for the purpose of the first sentence
of section 18.
``(2) Consulting agency.--The term `consulting agency'
means--
``(A) in relation to a condition described in
paragraph (1)(A), the Federal agency with
responsibility for supervising the reservation; and
``(B) in relation to a condition described in
paragraph (1)(B), the Secretary of the Interior or the
Secretary of Commerce, as appropriate.
``(b) Factors To Be Considered.--In determining a condition, a
consulting agency shall--
``(1) consider the economic effects (including power cost
impacts) of the condition;
``(2) consider the effect on other beneficial public uses
(including irrigation, flood control, water supply, and
recreation) of the condition;
``(3) consider compatibility with other conditions to be
included in the license, including mandatory conditions of
other agencies, when available;
``(4) consider compatibility with conditions existing at
the project site, including, where applicable, joint operation
of a facility by two or more sovereign nations, operation of a
facility on a waterway that is an international boundary, and
conditions mandated by international treaty;
``(5) prescribe a condition only when necessary to address
direct project-related effects; and
``(6) in selecting among conditions that are equally
effective for purposes of the first proviso of section 4(e) and
the first sentence of section 18, prescribe the least costly
alternative.
``(c) Documentation.--
``(1) In general.--A consulting agency shall assemble a
record detailing, among other pertinent matters, all proposals
made, comments received from public notice of draft conditions,
facts considered, and analyses made sufficient to demonstrate
compliance with subsection (b).
``(2) Submission to the commission.--A consulting agency
shall include the documentation under paragraph (1) in it,
submission of a condition to the Commission.
``(d) Public Comment.--Before submitting to the Commission a
condition, and at least 90 days before a license applicant is required
to file a license application with the Commission, a consulting agency
shall provide notice of draft conditions and an opportunity for a
hearing on the record. The consulting agency shall take into
consideration all comments received and include in the documentation
submitted to the Commission evidence thereof.
``(e) Submission of Final Condition.--
``(1) In general.--After an applicant files with the
Commission an application for a license, the Commission shall
set a date by which a consulting agency shall submit to the
Commission a final condition.
``(2) Limitation.--Except as provided in paragraph (4), the
date for submission of a final condition shall be not later
than one year after the date on which the Commission gives the
consulting agency notice that a license application is ready for
environmental review.
``(3) Default.--If a consulting agency does not submit a
final condition to a license by the date set under paragraph
(1)--
``(A) the consulting agency shall not thereafter
have authority to recommend or establish a condition to
the license; and
``(B) the Commission may, but shall not be required
to, recommend or establish an appropriate condition to
the license that--
``(i) furthers the interest sought to be
protected by the provision of law that
authorizes the consulting agency to propose or
establish a condition to the license; and
``(ii) conforms to the requirements of this
Act.
``(4) Extension.--The Commission may extend for good cause
a deadline set under paragraph (2).''.
(b) Conforming and Technical Amendments.--(1) Section 3(17)(E)(ii)
of the Federal Power Act (16 U.S.C. 796(17)(E)(ii)) is amended by
striking the period at the end thereof and inserting a semicolon.
(2) The first proviso of the first sentence of section 4(e) of such
Act (16 U.S.C. 797(e)) is amended by inserting after ``conditions'' the
following: ``, determined in accordance with section 32,'' and by
striking the period at the end of the proviso and inserting a colon.
(3) Section 14(b) of such Act (16 U.S.C. 807(b)) is amended by
striking ``its'' and inserting ``it'' in the second sentence.
(4) Section 18 of such Act (16 U.S.C. 811) is amended in the first
sentence by striking ``prescribed by the Secretary of Commerce'' and
inserting ``prescribed, in accordance with section 32, by the Secretary
of the Interior or the Secretary of Commerce, as appropriate''.
(5) Section 21 of such Act (16 U.S.C. 814) is amended by inserting
a colon after ``$3,000''.
(6) Section 30(c)(1) of such Act (16 U.S.C. 823a(c)(1)) is amended
by inserting a comma after ``Service'' each place it appears.
SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.
(a) Incentive Payments.--For electric energy generated and sold by
a qualified hydroelectric facility during the incentive period, the
Secretary of Energy (referred to in this section as the ``Secretary'')
shall make, subject to the availability of appropriations, incentive
payments to the owner or operator of such facility. The amount of such
payment made to any such owner or operator shall be as determined under
subsection (e) of this section. Payments under this section may only be
made upon receipt by the Secretary of an incentive payment application
which establishes that the applicant is eligible to receive such
payment and which satisfies such other requirements as the Secretary
deems necessary. Such application shall be in such form, and shall be
submitted at such time, as the Secretary shall establish.
(b) Definitions.--For purposes of this section:
(1) Qualified hydroelectric facility.--The term ``qualified
hydroelectric facility'' means a turbine or other generating
device owned or solely operated by a non-Federal entity which
generates hydroelectric energy for sale and which is added to
an existing dam or conduit.
(2) Existing dam or conduit.--The term ``existing dam or
conduit'' means any dam or conduit the construction of which
was completed before the date of the enactment of this section
and which does not require any construction or enlargement of
impoundment or diversion structures (other than repair or
reconstruction) in connection with the installation of a
turbine or other generating device.
(3) Conduit.--The term ``conduit'' has the same meaning as
when used in section 30(a)(2) of the Federal Power Act.
The terms defined in this subsection shall apply without regard to the
hydroelectric kilowatt capacity of the facility concerned, without
regard to whether the facility uses a dam owned by a governmental or
nongovernmental entity, and without regard to whether the facility
begins operation on or after the date of the enactment of this section.
(c) Eligibility Window.--Payments may be made under this section
only for electric energy generated from a qualified hydroelectric
facility which begins operation during the period of 10 fiscal years
beginning with the first full fiscal year occurring after the date of
enactment of this Act.
(d) Incentive Period.--A qualified hydroelectric facility may
receive payments under this section for a period of 10 fiscal years
(referred to in this section as the ``incentive period''). Such period
shall begin with the fiscal year in which electric energy generated
from the facility is first eligible for such payments.
(e) Amount of Payment.--
(1) In general.--Payments made by the Secretary under this
section to the owner or operator of a qualified hydroelectric
facility shall be based on the number of kilowatt hours of
hydroelectric energy generated by the facility during the incentive
period. For any such facility, the amount of such payment shall be 1.5
cents per kilowatt hour (adjusted as provided in paragraph (2)),
subject to the availability of appropriations under subsection (g),
except that no facility may receive more than $1,000,000 in one
calendar year.
(2) Adjustments.--The amount of the payment made to any
person under this section as provided in paragraph (1) shall be
adjusted for inflation for each fiscal year beginning after
calendar year 2001 in the same manner as provided in the
provisions of section 29(d)(2)(B) of the Internal Revenue Code
of 1986, except that in applying such provisions the calendar
year 2001 shall be substituted for calendar year 1979.
(f) Sunset.--No payment may be made under this section to any
qualified hydroelectric facility after the expiration of the period of
20 fiscal years beginning with the first full fiscal year occurring
after the date of enactment of this Act, and no payment may be made
under this section to any such facility after a payment has been made
with respect to such facility for a period of 10 fiscal years.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the purposes of this section
$50,000,000 for each of the fiscal years 2002 through 2011.
SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.
(a) Incentive Payments.--The Secretary of Energy shall make
incentive payments to the owners or operators of hydroelectric
facilities at existing dams to be used to make capital improvements in
the facilities that are directly related to improving the efficiency of
such facilities by at least 3 percent.
(b) Limitations.--Incentive payments under this section shall not
exceed 10 percent of the costs of the capital improvement concerned and
not more than one payment may be made with respect to improvements at a
single facility. No payment in excess of $1,000,000 may be made with
respect to improvements at a single facility.
(c) Authorization.--There is authorized to be appropriated to carry
out this section not more than $50,000,000 in each fiscal year after
the fiscal year 2001.
SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.
Section 408(a)(6) of the Public Utility Regulatory Policies Act of
1978 is amended by striking ``April 20, 1977'' and inserting ``May 16,
2001''.
SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL
FACILITIES.
(a) In General.--The Secretary of Energy, in consultation with the
Secretary of the Interior and Secretary of the Army, shall conduct
studies of the cost-effective opportunities to increase hydropower
generation at existing federally-owned or operated water regulation,
storage, and conveyance facilities. Such studies shall be completed
within two years after the date of enactment of this Act and
transmitted to the Committee on Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. An individual study shall be prepared for each of the
Nation's principal river basins. Each such study shall identify and
describe with specificity the following matters:
(1) Opportunities to improve the efficiency of hydropower
generation at such facilities through, but not limited to,
mechanical, structural, or operational changes.
(2) Opportunities to improve the efficiency of the use of
water supplied or regulated by Federal projects where such
improvement could, in the absence of legal or administrative
constraints, make additional water supplies available for
hydropower generation or reduce project energy use.
(3) Opportunities to create additional hydropower
generating capacity at existing facilities through, but not
limited to, the construction of additional generating
facilities, the uprating of generators and turbines, and the
construction of pumped storage facilities.
(4) Preliminary assessment of the costs and the economic
and environmental consequences of such measures.
(b) Previous Studies.--If studies of the type required by
subsection (a) have been prepared by any agency of the United States
and published within the five years prior to the date of enactment of
this Act, the Secretary of Energy may choose not to perform new studies
and incorporate the information in such studies into the studies
required by subsection (a).
(c) Authorization.--There is authorized to be appropriated such
sums as may be necessary to carry out the purposes of this section. | Hydroelectric Licensing and Incentives Act of 2001 - Amends the Federal Power Act to prescribe procedural guidelines for the consideration of hydroelectric power licensing by Federal agencies and the Secretaries of the Interior and of Commerce.Instructs the Secretary of Energy to make incentive payments: (1) for a period of ten fiscal years to the owner or operator of electric energy generated and sold by a qualified hydroelectric facility; and (2) to the owner or operator of hydroelectric facilities at existing dams for capital improvements directly related to specified facility efficiency improvements.Amends the Public Utility Regulatory Policies Act of 1978 to redefine "an existing dam" for purposes of small hydroelectric power projects as one whose construction was completed on or before May 16, 2001 (currently, on or before April 20, 1977).Instructs the Secretary of Energy to study and report to certain congressional committees on cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities. | {"src": "billsum_train", "title": "To improve the Federal licensing process for hydroelectric projects."} | 2,933 | 213 | 0.413661 | 1.169696 | 0.778476 | 3.63388 | 14.393443 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Supply Permitting Coordination
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 3(c).
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States covered
under the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.) constructed on lands administered by the
Department of the Interior or the Department of Agriculture,
exclusive of any easement, right-of-way, lease, or any private
holding, unless the project applicant elects not to participate
in the process authorized by this Act. Such term shall also
include State-led projects (as defined in section 4007(a)(2) of
the WIIN Act) for new surface water storage projects in the
States covered under the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that
Act (43 U.S.C. 371 et seq.) constructed on lands administered
by the Department of the Interior or the Department of
Agriculture, exclusive of any easement, right-of-way, lease, or
any private holding, unless the project applicant elects not to
participate in the process authorized by this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.
(a) Establishment of Lead Agency.--The Bureau is established as the
lead agency for purposes of coordinating all reviews, analyses,
opinions, statements, permits, licenses, or other approvals or
decisions required under Federal law to construct qualifying projects.
(b) Identification and Establishment of Cooperating Agencies.--The
Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required for
a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency in
regards to the qualifying project unless that agency responds
to the Bureau in writing, within a timeframe set forth by the
Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect
to the qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or
decision associated therewith; or
(C) does not intend to submit comments on the
qualifying project or conduct any review of such a
project or make any decision with respect to such
project in a manner other than in cooperation with the
Bureau.
(c) State Authority.--A State in which a qualifying project is
being considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this Act all State
agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review,
analysis, or opinion for the qualifying project; or
(C) are required to make a determination on issuing
a permit, license, or approval for the qualifying
project.
SEC. 4. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the Bureau under
this Act are--
(1) to serve as the point of contact for applicants, State
agencies, Indian tribes, and others regarding proposed
qualifying projects;
(2) to coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) to coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the following
coordination responsibilities:
(1) Preapplication coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30 days
after receipt of a proposal and facilitate a preapplication
meeting for prospective applicants, relevant Federal and State
agencies, and Indian tribes--
(A) to explain applicable processes, data
requirements, and applicant submissions necessary to
complete the required Federal agency reviews within the
timeframe established; and
(B) to establish the schedule for the qualifying
project.
(2) Consultation with cooperating agencies.--Consult with
the cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely manner,
and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant
and cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies
under applicable laws and regulations;
(B) the resources available to the cooperating
agencies and the non-Federal qualifying project
sponsor, as applicable;
(C) the overall size and complexity of the
qualifying project;
(D) the overall schedule for and cost of the
qualifying project; and
(E) the sensitivity of the natural and historic
resources that may be affected by the qualifying
project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies make
necessary decisions, within their respective authorities,
regarding Federal approvals in accordance with the following
timelines:
(A) Not later than 1 year after acceptance of a
completed project application when an environmental
assessment and finding of no significant impact is
determined to be the appropriate level of review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Not later than 1 year and 30 days after the
close of the public comment period for a draft
environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), when an environmental impact statement is
required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information assembled
and used by the cooperating agencies as the basis for agency
decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law, make
available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority to
oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be responsible
for ensuring fulfillment of all Bureau responsibilities set
forth in this section and all cooperating agency
responsibilities under section 5.
SEC. 5. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--
(1) Timeframes.--On notification of an application for a
qualifying project, the head of each cooperating agency shall
submit to the Bureau a timeframe under which the cooperating
agency reasonably will be able to complete the authorizing
responsibilities of the cooperating agency.
(2) Schedule.--
(A) Use of timeframes.--The Bureau shall use the
timeframes submitted under this subsection to establish
the project schedule under section 4.
(B) Adherence.--Each cooperating agency shall
adhere to the project schedule established by the
Bureau under subparagraph (A).
(b) Environmental Record.--The head of each cooperating agency
shall submit to the Bureau all environmental review material produced
or compiled in the course of carrying out activities required under
Federal law, consistent with the project schedule established by the
Bureau under subsection (a)(2).
(c) Data Submission.--To the extent practicable and consistent with
Federal law, the head of each cooperating agency shall submit all
relevant project data to the Bureau in a generally accessible
electronic format, subject to the project schedule established by the
Bureau under subsection (a)(2).
SEC. 6. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in accordance
with subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
may accept and expend funds contributed by a non-Federal public entity
to expedite the evaluation of a permit of that entity related to a
qualifying project.
(b) Effect on Permitting.--
(1) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the
Bureau of the region in which the qualifying project or
activity is located (or a designee); and
(B) use the same procedures for decisions that
would otherwise be required for the evaluation of
permits for similar projects or activities not carried
out using funds authorized under this section.
(2) Impartial decisionmaking.--In carrying out this
section, the Secretary and the head of each cooperating agency
receiving funds under this section for a qualifying project
shall ensure that the use of the funds accepted under this
section for the qualifying project shall not--
(A) substantively or procedurally impact impartial
decisionmaking with respect to the issuance of permits;
or
(B) diminish, modify, or otherwise affect the
statutory or regulatory authorities of the cooperating
agency.
(c) Limitation on Use of Funds.--None of the funds accepted under
this section shall be used to carry out a review of the evaluation of
permits required under subsection (b)(1)(A).
(d) Public Availability.--The Secretary shall ensure that all final
permit decisions carried out using funds authorized under this section
are made available to the public, including on the Internet.
Passed the House of Representatives June 22, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Water Supply Permitting Coordination Act (Sec. 3) This bill establishes the Bureau of Reclamation as the lead agency for purposes of coordinating all reviews, permits, licenses, or other approvals or decisions (reviews) required under federal law to construct new surface water storage projects in the states covered under the Reclamation Act on lands administered by the Department of the Interior or the Department of Agriculture, including state-led projects, exclusive of any easement, right-of-way, lease, or any private holding, unless the project applicant elects not to participate in the process authorized by this bill (qualifying projects). The Bureau: (1) upon receipt of an application for a qualifying project, shall identify any federal agency that may have jurisdiction over a required review; and (2) shall notify such agency that it has been designated as a cooperating agency unless specified conditions apply. A state in which a qualifying project is being considered may choose to: (1) participate as a cooperating agency; and (2) make subject to the processes of this bill all state agencies that have jurisdiction over the project, are required to conduct or issue a review, or are required to make a determination on issuing a permit, license, or approval for the qualifying project. (Sec. 4) The principal responsibilities of the Bureau are to: (1) serve as the point of contact for applicants, state agencies, Indian tribes, and others regarding qualifying projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all federal decisions necessary to authorize the use of federal lands for qualifying projects; and (3) coordinate all federal agency reviews necessary for the development and construction of qualifying projects. The Bureau shall notify cooperating agencies of proposed qualifying projects by 30 days after receipt of a proposal and facilitate a pre-application meeting for prospective applicants, relevant federal and state agencies, and Indian tribes to: (1) explain applicable processes, data requirements, and applicant submissions necessary to complete the required federal agency reviews within the time frame established; and (2) establish the schedule for the qualifying project. The Bureau shall work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, it shall consider: the responsibilities of cooperating agencies under applicable laws and regulations; the resources available to such agencies and the non-federal qualifying project sponsor; the overall size, complexity, schedule for, and cost of the qualifying project; and the sensitivity of the natural and historic resources that may be affected. The Bureau must: prepare a unified environmental review document on which all cooperating agencies shall base project approval decisions; help ensure that cooperating agencies make necessary decisions regarding environmental compliance in accordance with specified time lines; maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions; ensure that all project data is submitted and maintained in generally accessible electronic format and make such project data available to cooperating agencies, the qualifying project applicant, and the public; and appoint a project manager for each qualifying project. (Sec. 5) Each cooperating agency must submit to the Bureau: (1) a time frame for completing the agency's authorizing responsibilities, (2) all environmental review material produced in the course of carrying out activities required under federal law, consistent with the project schedule, and (3) all relevant project data in a generally accessible electronic format. (Sec. 6) The Department of the Interior, after public notice, may accept and expend funds contributed by a non-federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. Interior must ensure that all final permit decisions are made available to the public, including on the Internet. | {"src": "billsum_train", "title": "Water Supply Permitting Coordination Act"} | 2,338 | 790 | 0.662187 | 2.177043 | 0.843064 | 5.670732 | 2.921409 | 0.955285 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Small Businesses Act''.
SEC. 2. CREDIT FOR QUALIFYING PRODUCTION FACILITIES.
(a) Income Tax Credit.--
(1) In general.--Section 46 of the Internal Revenue Code of
1986 is amended--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``, and''; and
(C) by adding at the end the following new
paragraph:
``(7) the qualifying production facility credit.''.
(2) Amount of credit.--Subpart E of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 48D the following new section:
``SEC. 48E. CREDIT FOR QUALIFYING PRODUCTION FACILITIES.
``(a) In General.--For purposes of section 46, in the case of an
eligible employer, the qualifying production facility credit for any
taxable year is an amount equal to 25 percent of the basis of eligible
property placed in service during the taxable year.
``(b) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer--
``(A) which has no more than 50 full-time
equivalent employees (within the meaning of section
45R(d)(2)) for the taxable year, and
``(B) which has not (prior to placing in service
the production facility designated for purposes of this
section) placed in service a dedicated facility for the
production of goods for sale.
``(2) Safe harbor.--
``(A) In general.--An employer shall not be treated
as having previously placed in service a facility
described in paragraph (1)(B) if--
``(i) a credit under this section has not
previously been allowed to the employer, and
``(ii) the cost of applicable property
placed into service by the employer for each
taxable year during the 5-taxable-year period
ending immediately before the taxable year did
not exceed $7,500.
``(B) Applicable property.--For purposes of
subparagraph (A), the term `applicable property' means
personal property which would have qualified as
eligible property under subsection (c)(1)(B) if such
property were placed in service by an eligible employer
at a qualified production facility after enactment of
this Act for the production of a qualifying product.
``(3) Self-employed individual treated as employee.--For
purposes of paragraph (1)(A), the term employee includes an
individual described in section 401(c)(1).
``(c) Eligible Property.--For purposes of this section--
``(1) In general.--The term `eligible property' means--
``(A) any qualifying production facility--
``(i)(I) the construction, reconstruction,
or erection of which is completed by the
taxpayer, or
``(II) which is acquired by the taxpayer by
purchase (as defined in section 179(d)(2)), and
``(ii) for which a deduction is allowable
under section 167, and
``(B) any personal property--
``(i) which is placed in service within 12
months of the date on which a qualifying
production facility for which a credit is
allowed under subsection (a) is placed in
service,
``(ii) which is used exclusively at such
qualifying production facility primarily for
the production of a qualifying product, and
``(iii) for which a deduction is allowable
under section 167.
``(2) Special rule for leased facilities.--In the case of
any of a qualifying production facility which is leased by the
taxpayer, paragraph (1)(B) shall be applied by substituting
`the date on which the qualifying production facility was first
leased by the taxpayer' for `the date on which a qualifying
production facility for which a credit is allowed under
subsection (a) is placed in service' in clause (i).
``(d) Other Definitions.--For purposes of this section--
``(1) Qualifying production facility.--The term `qualifying
production facility' means any facility which--
``(A) is used to produce qualifying products, and
``(B) is designated by the taxpayer as a qualifying
production facility for purposes of this section at
such time and in such manner as the Secretary shall
prescribe.
``(2) Qualifying product.--The term `qualifying product'
means any of the following:
``(A) Tangible personal property.
``(B) Computer software (as defined in section
167(f)(1)(B)).
``(C) Property described in section 168(f)(3).
``(D) Property described in section 168(f)(4).
``(E) Food and beverages which are prepared by the
taxpayer but not primarily for consumption at property
owned by the taxpayer.
``(e) Special Rules.--For purposes of this section--
``(1) Controlled group.--All members of the same controlled
group of corporations (within the meaning of section 52(a)) and
all persons under common control (within the meaning of section
52(b)) shall be treated as 1 person for purposes of this
section.
``(2) Predecessor.--Any reference in this section to an
employer shall include a reference to any predecessor of such
employer.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(f) Election To Apply Credit Against Payroll Taxes.--
``(1) In general.--At the election of the eligible
employer, section 3111(f) shall apply to the payroll tax credit
portion of the credit otherwise determined under subsection (a)
for the taxable year and such portion shall not be treated
(other than for purposes of section 50(c)) as a credit
determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any qualified
small business for any taxable year is the least of--
``(A) the amount specified in the election made
under this subsection,
``(B) the credit determined under subsection (a)
for the taxable year (determined before the application
of this subsection), or
``(C) in the case of an eligible employer other
than a partnership or S corporation, the amount of the
business credit carryforward under section 39 carried
from the taxable year (determined before the
application of this subsection to the taxable year).
``(3) Election.--
``(A) In general.--Any election under this
subsection for any taxable year--
``(i) shall specify the amount of the
credit to which such election applies,
``(ii) shall be made on or before the due
date (including extensions) of--
``(I) in the case of an eligible
employer which is a partnership, the
return required to be filed under
section 6031,
``(II) in the case of an eligible
employer which is an S corporation, the
return required to be filed under
section 6037, and
``(III) in the case of any other
eligible employer, the return of tax
for the taxable year, and
``(iii) may be revoked only with the
consent of the Secretary.
``(B) Limitations.--The amount specified in any
election made under this subsection shall not exceed
$250,000.
``(C) Special rule for partnerships and s
corporations.--In the case of an eligible employer
which is a partnership or S corporation, the election
made under this subsection shall be made at the entity
level.
``(4) Aggregation rules.--
``(A) In general.--Except as provided in
subparagraph (B), all persons or entities treated as a
single taxpayer under subsection (e)(1) shall be
treated as a single taxpayer for purposes of this
subsection.
``(B) Special rules.--For purposes of this
subsection and section 3111(g)--
``(i) each of the persons treated as a
single taxpayer under subparagraph (A) may
separately make the election under paragraph
(1) for any taxable year, and
``(ii) the $250,000 amount under paragraph
(3)(B)(i) shall be allocated among all persons
treated as a single taxpayer under subparagraph
(A) in the manner provided by the Secretary
which is similar to the manner provided under
section 41(f)(1).
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of the limitations and aggregation rules under
this subsection,
``(B) regulations to minimize compliance and
recordkeeping burdens under this subsection, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(g) in cases where
there is a recapture or a subsequent adjustment to the
payroll tax credit portion of the credit determined
under subsection (a), including requiring amended
income tax returns in the cases where there is such an
adjustment.''.
(3) Special rules relating to recapture.--
(A) Certain related party transaction.--Paragraph
(4) of section 50(a) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
sentence: ``Subparagraph (B) shall not apply to
investment credit property described in section 48E in
any case in which the transaction is a transaction
between related persons.''.
(B) Loss of eligible employer status.--Paragraph
(5) of section 50(a) of such Code is amended by adding
at the end the following new paragraph:
``(D) Treatment of eligible employer status for
qualifying production facility credit.--Paragraphs (1)
and (2) shall not apply with respect to any credit
allowed under section 48E solely because the taxpayer
has ceased to be an eligible employer (as defined in
section 48E(b)) in any taxable year after the year in
which the credit is allowed.''.
(4) Conforming amendments.--
(A) Section 49(a)(1)(C) of the Internal Revenue
Code of 1986 is amended--
(i) by striking ``and'' at the end of
clause (v);
(ii) by striking the period at the end of
clause (vi) and inserting ``, and''; and
(iii) by adding after clause (vi) the
following new clause:
``(vii) the basis of any eligible property
under section 48E.''.
(B) The table of sections for subpart E of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 48D the following new item:
``Sec. 48E. Credit for qualifying production facilities.''.
(b) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Credit for Qualifying Production Facilities.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 48E(f) for a taxable year, there
shall be allowed as a credit against the tax imposed by
subsection (a) for the first calendar quarter which begins
after the date on which the taxpayer files the return specified
in section 48E(f)(3)(A)(ii) an amount equal to the payroll tax
credit portion determined under section 48E(f)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed
under chapter 1 for taxes imposed under subsection (a).''.
(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). | Growing Small Businesses Act This bill amends the Internal Revenue Code to allow a tax credit for investments in a small business's first qualifying production facility. The credit is equal to 25% of the cost of property for an eligible employer's first qualifying production facility placed in service during the year. The credit applies to employers who: (1) have no more than 50 full-time equivalent employees, and (2) have not previously placed in service a dedicated facility for the production of goods for sale. A "qualifying production facility" must be used to produce any of the following products: tangible personal property, computer software, films and videotape, sound recordings, or food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. Qualifying employers may elect to apply up to $250,000 of the credit against payroll taxes. | {"src": "billsum_train", "title": "Growing Small Businesses Act"} | 2,913 | 181 | 0.546573 | 1.582368 | 0.887143 | 2.994318 | 15.204545 | 0.846591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Act of 2012''.
SEC. 2. IMPROVED COORDINATION OF EXPORT PROMOTION ACTIVITIES OF FEDERAL
AGENCIES BY THE TRADE PROMOTION COORDINATING COMMITTEE.
(a) Duties of TPCC.--Section 2312(b) of the Export Enhancement Act
of 1988 (15 U.S.C. 4727(b)) is amended--
(1) in paragraph (5)--
(A) by inserting ``, including a recommendation for
the unified Federal trade promotion budget required by
subsection (c)(4)'' after ``assessment''; and
(B) by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) in conducting assessments under paragraph (5), review
the proposed budget for a fiscal year of each agency with
responsibility for export promotion or export financing
activities before the agency submits that budget to the Office
of Management and Budget and the President for inclusion in the
budget of the President for that fiscal year submitted to
Congress under section 1105(a) of title 31, United States Code;
and''.
(b) Strategic Plan.--Section 2312(c) of the Export Enhancement Act
of 1988 (15 U.S.C. 4727(c)) is amended--
(1) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (6), (7), and (8), respectively;
(2) in paragraph (2), by inserting after ``coordination of
such activities'' the following: ``, based on consultations
with, and recommendations from, a representative number of
United States exporters and other types of export-related
businesses'';
(3) by inserting after paragraph (2) the following:
``(3) identify countries with which the United States could
negotiate trade agreements to increase United States
exports;'';
(4) by inserting after paragraph (4), as redesignated, the
following:
``(5) identify areas in which the TPCC can maximize
existing partnerships with agencies by granting the TPCC the
ability to partner with a partner of an agency that is a member
of the TPCC without requiring an additional memorandum of
understanding between the TPCC and that partner;'';
(5) in paragraph (7), as redesignated, by striking ``;
and'' and inserting a semicolon; and
(6) by adding at the end the following:
``(9) review and propose means to improve educational
outreach to small- and medium-sized businesses with respect to
the resources available through the TPCC and agencies that are
members of the TPCC, including by consulting with, and
considering recommendations from, United States exporters and
the Small Business Administration with respect to improving
outreach by the TPCC; and
``(10) clearly describe the role of each agency that is a
member of the TPCC and the responsibility of each such agency
for export promotion and export financing.''.
(c) Reports.--Section 2312(f) of the Export Enhancement Act of 1988
(15 U.S.C. 4727(f)) is amended to read as follows:
``(f) Reporting Requirements.--
``(1) TPCC report.--Not later than 18 months after the date
of the enactment of the Export Promotion Act of 2012, and March
30 of each year thereafter, the chairperson of the TPCC shall
submit to the appropriate congressional committees a report
that--
``(A) describes the strategic plan developed by the
TPCC pursuant to subsection (c), the implementation of
the plan, and any revisions to the plan;
``(B) assesses the performance of each agency that
is a member of the TPCC with respect to Federal export
promotion and export financing activities, including
efforts to increase efficiency, decrease duplication,
increase interagency coordination, and meet the goals
of each such agency;
``(C) reviews the proposed annual budgets for each
such agency and provides recommendations with respect
to those budgets based on the strategic plan developed
pursuant to subsection (c) and any anticipated
revisions to the plan; and
``(D) describes the implementation of sections 303
and 304 of the FREEDOM Support Act (22 U.S.C. 5823 and
5824) concerning funding for export promotion
activities and the interagency working groups on energy
of the TPCC.
``(2) Government accountability office report.--
``(A) In general.--Not later than 18 months after
the date of the enactment of the Export Promotion Act
of 2012, and every 2 years thereafter, the Comptroller
General of the United States shall submit to the
appropriate congressional committees a report that
assesses the effectiveness of the TPCC.
``(B) Elements.--The report required by
subparagraph (A) shall include an assessment of the
following:
``(i) The operational efficiency and
effectiveness of the TPCC.
``(ii) The efforts of the TPCC to
coordinate Federal export promotion and export
financing activities, including efforts to
coordinate the budgets of the agencies that are
members of the TPCC.
``(iii) Duplication of administrative
functions, client management functions, and
resources among those agencies and measures to
decrease such duplication, including by
reducing the office space or other resources
available to those agencies.
``(iv) Improvements in efficiency and
decreases in duplication of efforts among those
agencies realized by the TPCC.
``(v) Other relevant information on the
overall effectiveness of the TPCC.
``(C) Consideration of changing strategy.--In
preparing the report required by subparagraph (A), the
Comptroller General shall take into account that the
strategic plan of the TPCC is subject to change.
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Appropriations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Commerce, Science, and Transportation, the
Committee on Finance, the Committee on Foreign
Relations, and the Committee on Small Business and
Entrepreneurship of the Senate; and
``(B) the Committee on Appropriations, the
Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Foreign Affairs,
the Committee on Small Business, and the Committee on
Ways and Means of the House of Representatives.''.
(d) Export.gov; Regulations.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended by adding at the
end the following:
``(g) Information Available on Export.gov.--The TPCC shall
coordinate with the agencies that are members of the TPCC to publish
information relevant to export promotion and export financing on
Export.gov (or a successor website), including--
``(1) the information described in subsection (c)(10); and
``(2) detailed information on ongoing and anticipated trade
missions, trade fairs, and related Federal and State export
promotion and export financing activities.
``(h) Executive Order and Regulations.--Not later than 18 months
after the date of the enactment of the Export Promotion Act of 2012,
the President shall issue an executive order and such regulations as
are necessary to provide the chairperson of the TPCC with the authority
to ensure that the TPCC carries out each of its duties under subsection
(b) and develops and implements the strategic plan under subsection
(c).''.
SEC. 3. EFFECTIVE DEPLOYMENT OF RESOURCES OF THE UNITED STATES AND
FOREIGN COMMERCIAL SERVICE.
Section 2301(c)(4) of the Export Enhancement Act of 1988 (15 U.S.C.
4721(c)(4)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively;
(2) by striking ``(4) Foreign offices.--(A) The Secretary
may'' and inserting the following:
``(4) Foreign offices.--(A)(i) The Secretary shall conduct
a global assessment of overseas markets to identify the markets
with the greatest potential for increasing United States
exports and redeploy Commercial Service personnel and other
resources on the basis of the global assessment.
``(ii) The assessment conducted under clause (i) shall take
into consideration recommendations from a representative number
of United States exporters.
``(iii) Not later than 180 days after the date of the
enactment of the Export Promotion Act of 2012, the Secretary
shall submit to Congress a report on the results of the first
global assessment conducted under clause (i) and a plan for the
redeployment of Commercial Service personnel and other
resources on the basis of the global assessment.
``(iv) The Secretary shall conduct a global assessment and
redeployment described in clause (i) not less frequently than
once in every 5-year period.
``(B) The Secretary may''; and
(3) in subparagraph (F), as redesignated, by striking ``is
authorized, upon the request of the Secretary, to provide'' and
inserting ``shall, upon the request of the Secretary,
provide''.
SEC. 4. STRENGTHENED COMMERCIAL DIPLOMACY TO INCREASE UNITED STATES
EXPORTS.
(a) Development of Plan.--Section 207(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3927(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2)(A) Each chief of mission to a foreign country shall develop a
plan for effective diplomacy to remove or reduce obstacles to exports
of United States goods and services, in consultation with--
``(i) the ambassador of the United States to the country;
``(ii) the Assistant Secretary of Commerce and Director
General of the Commercial Service (established by section
2301(a)(2) of the Export Enhancement Act of 1988 (15 U.S.C.
4721(a)(2)));
``(iii) the heads of other Federal agencies with export
promotion programs, acting through the Trade Promotion
Coordinating Committee (established by section 2312 of the
Export Enhancement Act of 1988 (15 U.S.C. 4727)); and
``(iv) the trade advisory committees authorized by
paragraphs (1) and (2) of section 135(c) of the Trade Act of
1974 (19 U.S.C. 2155(c)), if those committees request
consultation.
``(B) The chief of mission shall submit the plan required by
subparagraph (A) to the Secretary for review by the Secretary before
implementing the plan.''.
(b) Assessments and Promotions.--Section 603(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4003(a)) is amended, in the second
sentence, by inserting after ``disciplinary actions,'' the following:
``assessments (with respect to members of the Service with
responsibilities relating to economic affairs) of the effectiveness of
efforts to promote the exportation of United States goods and services
in accordance with the plan developed pursuant to section 207(c)(2),''.
(c) Inspector General.--Section 209(b) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(b)) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) the effectiveness of diplomacy relating to the promotion of
exports of United States goods and services; and''. | Export Promotion Act of 2012 - Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC).
Requires the TPCC to: (1) make a recommendation for the annual unified federal trade promotion budget to the President; and (2) review the proposed fiscal year budget of each federal agency with responsibility for export promotion or export financing activities before it is submitted to the Office of Management and Budget (OMB) and the President, when (as required by current law) assessing the appropriate levels and allocation of resources among such agencies in support of such activities.
Requires the governmentwide strategic plan for federal trade promotion efforts, in conducting the review of current federal programs designed to promote the sale of U.S. exports and developing a plan to bring such activities into line with specified priorities, to be based on consultations with, and recommendations from, a representative number of U.S. exporters and other types of export-related businesses.
Requires such plan, furthermore, to: (1) identify countries with which the United States could negotiate trade agreements to increase U.S. exports; (2) identify areas in which the TPCC can maximize existing partnerships with agencies by granting the TPCC the ability to partner with a partner of a TPCC member agency without requiring an additional memorandum of understanding between the TPCC and that partner; (3) review and propose means to improve educational outreach to small- and medium-sized businesses with respect to the resources available through the TPCC and its member agencies, including consulting with, and considering recommendations from, U.S. exporters and the Small Business Administration (SBA); and (4) clearly describe the role of each TPCC member agency and its responsibility for export promotion and export financing.
Requires the TPCC to coordinate with TPCC member agencies to publish export promotion and export financing information on the Export.gov website.
Directs the President to issue an executive order and necessary regulations to provide the TPCC chairperson with the authority to ensure that the TPCC carries out each of its duties and develops and implements the strategic plan.
Requires the Secretary of Commerce to: (1) conduct at least once every five years a global assessment of overseas markets to identify those with the greatest potential for increasing U.S. exports, and (2) redeploy U.S. and Foreign Commercial Service personnel and other resources on the basis of that assessment.
Amends the Foreign Service Act of 1980 to require each chief of mission to a foreign country to develop an approved plan for effective diplomacy to remove or reduce obstacles to exports of U.S. goods and services. | {"src": "billsum_train", "title": "A bill to enhance the promotion of exports of United States goods and services, and for other purposes."} | 2,705 | 576 | 0.725855 | 2.331229 | 0.775544 | 4.156823 | 4.885947 | 0.918534 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ukrainian Independence from Russian
Energy Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Ukraine is dependent on natural gas supplies from the
Russian Federation to meet more than half of demand in Ukraine.
(2) Entities owned by the Government of the Russian
Federation have manipulated natural gas supplies and prices in
Ukraine in order to gain geopolitical leverage over Ukraine and
neighboring countries of Ukraine.
(3) Energy subsidies provided by the Government of Ukraine
amount to roughly 8 percent of the gross domestic product of
Ukraine and make energy markets opaque, inefficient, and
susceptible to corruption.
(4) Ukraine is the second-least energy efficient country in
the world.
(5) The International Energy Agency has estimated that if
the economy of Ukraine were as energy efficient as the average
country in Europe, Ukraine would reduce natural gas consumption
by greater than 50 percent.
(6) The level of savings from the reduction described in
paragraph (6) could nearly eliminate the dependence of Ukraine
on imports of natural gas from the Russian Federation.
(7) The World Bank Group has estimated that Ukraine could
reduce the amount of natural gas used for heating by 50 percent
through efficiency measures.
(8) On April 25, 2014, a coalition of 35 cities in Ukraine
sent a letter urgently requesting assistance in increasing the
energy efficiency of their buildings, district heating systems,
and transportation networks in order to reduce dependence on
imports of natural gas from the Russian Federation.
(9) A $17,000,000,000 loan package from the International
Monetary Fund to help stabilize the economy of Ukraine requires
reforms of energy markets in Ukraine and includes provisions to
gradually eliminate energy subsidies, which will raise retail
natural gas rates by 56 percent in 2014, 40 percent in 2015,
and 20 percent in 2016 and 2017.
(10) Absent large reductions in energy consumption, the
rate increases mandated by the International Monetary Fund loan
package from the International Monetary Fund could have
devastating impacts on low-income households in Ukraine.
(11) Ukraine is estimated to have significant conventional
and unconventional oil and gas reserves, which are mostly
untapped.
(12) The International Energy Agency has estimated that
Ukraine possesses natural gas reserves of approximately
5,400,000,000,000 cubic meters, although the annexation of
Crimea by the Russian Federation may impact Ukraine's
recoverable oil and gas reserves.
(13) Exports of liquefied natural gas from the United
States to Ukraine would not provide assistance for Ukraine in
the short term and would be unlikely to reach Ukraine in the
long term because--
(A) of natural gas global market dynamics;
(B) there are no liquefied natural gas import
facilities in Ukraine; and
(C) the Government of Turkey has indicated it would
block shipments of liquefied natural gas through the
Bosphorus Strait because of safety concerns.
SEC. 3. POLICY ON SUPPORTING ENERGY INDEPENDENCE OF UKRAINE.
It is the policy of the United States to use all resources of the
United States Government--
(1) to coordinate with multi-donor efforts to reform energy
subsidies provided by the Government of Ukraine and energy
markets in Ukraine;
(2) to encourage private sector investment in the energy
sector of Ukraine;
(3) to protect low-income households in Ukraine from
dramatic increases in energy rates;
(4) to increase transparency and reduce corruption in the
energy sector of Ukraine;
(5) to improve energy efficiency, increase domestic energy
supplies, and develop alternative sources of energy in Ukraine
in order to reduce the reliance of Ukraine on energy from the
Russian Federation; and
(6) to increase the capacity of agencies of the Government
of Ukraine, nongovernmental organizations, and private entities
to administer and manage energy efficiency and energy security-
related projects in Ukraine.
SEC. 4. ASSISTANCE FROM THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) In General.--The Administrator of the United States Agency for
International Development shall, in fiscal years 2015 through 2017--
(1) prioritize, to the extent feasible, the provision of
direct assistance to Ukraine to improve energy efficiency,
increase energy supplies produced in Ukraine, and reduce
reliance on energy imports from the Russian Federation through
measures described in subsection (b); and
(2) through the Development Credit Authority, make loan,
lease, and bond guarantees to appropriate financial
institutions and other eligible borrowers to facilitate the
involvement of such institutions and other borrowers in
financing and expanding efforts in Ukraine to improve energy
efficiency, increase energy supplies produced in Ukraine, and
reduce reliance on energy imports from the Russian Federation
through measures described in subsection (b).
(b) Measures Described.--The measures described in this subsection
include--
(1) replacing inefficient boilers;
(2) upgrading district heating systems;
(3) improving metering and measurement systems for natural
gas use and heating;
(4) upgrading natural gas and heat distribution systems,
including pipes that leak or are poorly insulated;
(5) improving the efficiency of buildings;
(6) reducing losses in natural gas transmission systems;
(7) improving the efficiency of compressor stations;
(8) improving efficiency in the industrial sector;
(9) legal and regulatory support focused on natural gas and
electricity market rules, regulations, and transparency,
developed in accordance with the terms of the stand-by
arrangement between the International Monetary Fund and
Ukraine, approved in April 2014;
(10) support for structuring of gas and electricity markets
with cost-reflective pricing, developed in accordance with the
terms of the stand-by arrangement;
(11) encouraging greater natural gas and electricity
interconnections between Ukraine and neighboring countries;
(12) developing renewable sources of energy; and
(13) developing energy transmission, refining, and storage
facilities.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the United States Agency for
International Development $10,000,000 for each of fiscal years 2015
through 2017 to carry out this section.
SEC. 5. ASSISTANCE FROM THE DEPARTMENT OF STATE.
(a) In General.--The Secretary of State shall, in fiscal years 2015
through 2017, coordinate the activities of United States agencies
related to the energy sector of Ukraine and prioritize, to the extent
feasible, support and technical assistance to increase responsible
production in and transparency of the natural gas sector in Ukraine
through measures that include--
(1) resource and technology assessments;
(2) evaluation of production capabilities;
(3) economic assessments of potential resources; and
(4) dissemination of international best practices and
provision of legal and regulatory information and guidance to
help establish energy policies that--
(A) protect public health and safety;
(B) protect the environment;
(C) effectively manage royalties and revenue; and
(D) increase transparency and reduce corruption.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $2,500,000 for each of fiscal
years 2015 through 2017 to carry out this section.
SEC. 6. PROMOTION OF UNITED STATES PRIVATE SECTOR PARTICIPATION IN
ENERGY EFFICIENCY AND ENERGY DEVELOPMENT IN UKRAINE.
(a) In General.--The Director of the Trade and Development Agency
shall promote United States private sector efforts to help improve
energy efficiency, develop domestic oil and natural gas reserves, and
develop renewable sources of energy in Ukraine by--
(1) conducting and funding project preparation activities,
feasibility studies, technical assistance, pilot projects,
reverse trade missions, conferences, and workshops; and
(2) providing any other assistance that the Director
considers appropriate to promote such efforts.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Director of the Trade and Development Agency
$1,000,000 for each of fiscal years 2015 through 2017 to carry out this
section.
SEC. 7. SUPPORT FROM THE OVERSEAS PRIVATE INVESTMENT CORPORATION.
The Overseas Private Investment Corporation shall--
(1) prioritize support for investments to help increase
energy efficiency, develop domestic oil and natural gas
reserves, and develop renewable sources of energy in Ukraine;
and
(2) implement procedures for expedited review of and, as
appropriate, approval of, applications by eligible investors
(as defined in section 238 of the Foreign Assistance Act of
1961 (22 U.S.C. 2198)) for loans, loan guarantees, and
insurance for such investments.
SEC. 8. SUPPORT FROM THE EXPORT-IMPORT BANK OF THE UNITED STATES.
The Board of Directors of the Export-Import Bank of the United
States shall take prompt measures, consistent with the credit standards
otherwise required by law, to promote the expansion of the financial
commitments of the Bank under the loan, guarantee, and insurance
programs and special financing programs of the Bank for projects to
improve energy efficiency, develop domestic oil and natural gas
reserves, and develop renewable sources of energy in Ukraine.
SEC. 9. PRIORITIZATION OF ENERGY EFFICIENCY AND DOMESTIC ENERGY
PROJECTS IN UKRAINE BY THE WORLD BANK GROUP AND THE
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.
The President shall direct the United States Executive Directors of
the World Bank Group and the European Bank for Reconstruction and
Development to use the voice, vote, and influence of the United States
to encourage the World Bank Group and the European Bank for
Reconstruction and Development and other international financial
institutions to invest in, and increase their efforts to promote
investment in, projects to improve energy efficiency, develop domestic
oil and natural gas reserves, and develop renewable sources of energy
in Ukraine, and to stimulate private investment in such projects.
SEC. 10. EFFECTIVENESS MEASUREMENT.
In providing loan guarantees, assistance, and support pursuant to
this Act and in prioritizing the projects described in this Act, the
President and the heads and other appropriate officials of the United
States Agency for International Development, the Trade and Development
Agency, the Overseas Private Investment Corporation, and the Export-
Import Bank of the United States shall ensure that the effectiveness of
such guarantees, assistance, support, and projects is measured through
the use of clear, accountable, and metric-based targets aimed at
achieving enhanced energy security for Ukraine.
SEC. 11. BRIEFING ON ALTERNATIVE PIPELINE ACCESS AND SUPPLIES FOR
UKRAINE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall provide to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a briefing on--
(1) the economic and political viability of transporting
natural gas supplies into Ukraine from countries other than the
Russian Federation through the reversal of existing pipeline
flows or through new or expanded pipelines; and
(2) the potential to reduce natural gas consumption in
Ukraine through efficiency measures or through the use of
alternative sources of energy. | Ukrainian Independence from Russian Energy Act - Directs the Administrator of the U.S. Agency for International Development (USAID) to: (1) prioritize direct assistance to Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation; and (2) make loan, lease, and bond guarantees to financial institutions and other eligible borrowers to facilitate their involvement in such efforts. Directs the Secretary of State to coordinate the activities of U.S. agencies related to the energy sector of Ukraine and prioritize support and technical assistance to increase responsible production in and transparency of Ukraine's natural gas sector. Requires the Director of the Trade and Development Agency to promote U.S. private sector efforts to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Overseas Private Investment Corporation (OPIC) to: (1) prioritize support for investments to increase energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine; and (2) implement expedited application review and approval procedures for loans, loan guarantees, and insurance for such investments. Directs the U.S. Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to encourage those organizations and other international financial institutions to invest in and promote projects to improve energy efficiency, develop domestic oil and natural gas reserves, and develop renewable energy sources in Ukraine. Directs the Secretary to brief Congress on: (1) the economic and political viability of transporting natural gas supplies into Ukraine from countries other than the Russian Federation through the reversal of existing pipeline flows or through new or expanded pipelines, and (2) the potential to reduce natural gas consumption in Ukraine through efficiency measures or through the use of alternative energy sources. | {"src": "billsum_train", "title": "Ukrainian Independence from Russian Energy Act"} | 2,298 | 368 | 0.565544 | 1.853639 | 0.750285 | 5.952941 | 6.567647 | 0.958824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Voting Support Act of
2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Veterans have performed a great service to, and risked
the greatest sacrifice in the name of, our country, and should
be supported by the people and the Government of the United
States.
(2) Veterans are especially qualified to understand issues
of war, foreign policy, and government support for veterans,
and they should have the opportunity to voice that
understanding through voting.
(3) The Department of Veterans Affairs should assist
veterans to register to vote and to vote.
SEC. 3. VOTER REGISTRATION AND ASSISTANCE.
(a) In General.--The Secretary of Veterans Affairs (in this section
referred to as the ``Secretary'') shall provide a mail voter
registration application form to each veteran--
(1) who seeks to enroll in the Department of Veterans
Affairs health care system (including enrollment in a medical
center, a community living center, a community-based outpatient
center, or a domiciliary of the Department of Veterans Affairs
health care system), at the time of such enrollment; and
(2) who is enrolled in such health care system--
(A) at any time when there is a change in the
enrollment status of the veteran; and
(B) at any time when there is a change in the
address of the veteran.
(b) Providing Voter Registration Information and Assistance.--The
Secretary shall provide to each veteran described in subsection (a) the
same degree of information and assistance with voter registration as is
provided by the Veterans Administration with regard to the completion
of its own forms, unless the applicant refuses such assistance.
(c) Transmittal of Voter Registration Application Forms.--
(1) In general.--The Secretary shall accept completed voter
registration application forms for transmittal to the
appropriate State election official.
(2) Transmittal deadline.--
(A) In general.--Subject to subparagraph (B), a
completed voter registration application form accepted
at a medical center, community living center,
community-based outpatient center, or domiciliary of
the Department of Veterans Affairs shall be transmitted
to the appropriate State election official not later
than 10 days after the date of acceptance.
(B) Exception.--If a completed voter registration
application form is accepted within 5 days before the
last day for registration to vote in an election, the
application shall be transmitted to the appropriate
State election official not later than 5 days after the
date of acceptance.
(d) Requirements of Voter Registration Information and
Assistance.--The Secretary shall ensure that the information and
assistance with voter registration that is provided under subsection
(b) will not--
(1) seek to influence an applicant's political preference
or party registration;
(2) display any such political preference or party
allegiance;
(3) make any statement to an applicant or take any action
the purpose or effect of which is to discourage the applicant
from registering to vote; or
(4) make any statement to an applicant or take any action
the purpose or effect of which is to lead the applicant to
believe that a decision to register or not register has any
bearing on the availability of services or benefits.
(e) Limitation on Use of Information.--No information relating to
registering to vote, or a declination to register to vote, under this
section may be used for any purpose other than voter registration.
(f) Enforcement.--
(1) Notice.--
(A) Notice to the facility director or the
secretary.--A person who is aggrieved by a violation of
this section or section 4 may provide written notice of
the violation to the Director of the facility of the
Department of Veterans Affairs health care system
involved or to the Secretary. The Director or the
Secretary shall respond to a written notice provided
under the preceding sentence within 20 days of receipt
of such written notice.
(B) Notice to the attorney general and the election
assistance commission.--If the violation is not
corrected within 90 days after receipt of a notice
under subparagraph (A), the aggrieved person may
provide written notice of the violation to the Attorney
General and the Election Assistance Commission.
(2) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this section or section 4.
SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS.
(a) In General.--Consistent with State and local laws, each
director of a community living center, a domiciliary, or a medical
center of the Department of Veterans Affairs health care system shall
provide assistance in voting by absentee ballot to veterans residing in
the community living center or domiciliary or who are inpatients of the
medical center, as the case may be.
(b) Assistance Provided.--The assistance provided under subsection
(a) shall include--
(1) providing information relating to the opportunity to
request an absentee ballot;
(2) making available absentee ballot applications upon
request, as well as assisting in completing such applications
and ballots; and
(3) working with local election administration officials to
ensure proper transmission of absentee ballot applications and
absentee ballots.
SEC. 5. INFORMATION PROVIDED BY NONPARTISAN ORGANIZATIONS.
The Secretary of Veterans Affairs shall permit nonpartisan
organizations to provide voter registration information and assistance
at facilities of the Department of Veterans Affairs health care system,
subject to reasonable time, place, and manner restrictions, including
limiting activities to regular business hours and requiring advance
notice.
SEC. 6. ASSISTANCE PROVIDED BY ELECTION OFFICIALS AT DEPARTMENT OF
VETERANS AFFAIRS FACILITIES.
(a) Distribution of Information.--
(1) In general.--Subject to reasonable time, place, and
manner restrictions, the Secretary of Veterans Affairs shall
not prohibit any election administration official, whether
State or local, party-affiliated or non-party affiliated, or
elected or appointed, from providing voting information to
veterans at any facility of the Department of Veterans Affairs.
(2) Voting information.--In this subsection, the term
``voting information'' means nonpartisan information intended
for the public about voting, including information about voter
registration, voting systems, absentee balloting, polling
locations, and other important resources for voters.
(b) Voter Registration Services.--The Secretary of Veterans Affairs
shall provide reasonable access to facilities of the Department of
Veterans Affairs health care system to State and local election
officials for the purpose of providing nonpartisan voter registration
services to individuals, subject to reasonable time, place, and manner
restrictions, including limiting activities to regular business hours
and requiring advance notice.
SEC. 7. ANNUAL REPORT ON COMPLIANCE.
The Secretary of Veterans Affairs (in this section referred to as
the ``Secretary'') shall submit to Congress an annual report on how the
Secretary has complied with the requirements of this Act. Such report
shall include the following information with respect to the preceding
year:
(1) The number of veterans who were served by facilities of
the Department of Veterans Affairs health care system.
(2) The number of such veterans who requested information
on or assistance with voter registration.
(3) The number of such veterans who received information on
or assistance with voter registration.
(4) Information with respect to written notices submitted
under section 3(f), including information with respect to the
resolution of the violations alleged in such written notices.
SEC. 8. RULES OF CONSTRUCTION.
(a) No Individual Benefit.--Nothing in this Act may be construed to
convey a benefit to an individual veteran.
(b) No Effect on Other Laws.--Nothing in this Act may be construed
to authorize or require conduct prohibited under any of the following
laws, or to supersede, restrict, or limit the application of such laws:
(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(4) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). | Veteran Voting Support Act of 2009 - Directs the Secretary of Veterans Affairs to provide mail voter registration application forms to each veteran who: (1) seeks to enroll in the Department of Veterans Affairs (VA) health care system at the time of such enrollment; and (2) is already enrolled in such system when there is a change in the veteran's enrollment status or when there is a change in the veteran's address.
Requires the Secretary to accept completed application forms for transmittal to appropriate state election officials. Instructs that forms accepted at VA medical centers, community living centers, community-based outpatient centers, and domiciliaries be transmitted within ten days of acceptance, unless a completed form is accepted within five days before the last day for registration to vote in an election in which case the application shall be transmitted to the appropriate state election official within five days of acceptance.
Prohibits any information relating to registering to vote or a declination to register to vote under this Act from being used for any purpose other than voter registration.
Requires each Director of a VA community living center, domiciliary, or medical center to provide assistance in voting by absentee ballot to resident veterans. Requires such assistance to include: (1) providing information relating to the opportunity to request an absentee ballot; (2) making available absentee ballot applications upon request, as well as assisting in completing such applications and ballots; and (3) working with local election administration officials to ensure the proper transmission of the applications and ballots.
Directs the Secretary to permit nonpartisan organizations to provide voter registration information and assistance at facilities of the VA health care system.
Prohibits the Secretary from banning any election administration official, whether state or local, party-affiliated or non-party affiliated, or elected or appointed, from providing voting information to veterans at any VA facility.
Directs the Secretary to provide reasonable access to facilities of the VA health care system to state and local election officials for the purpose of providing nonpartisan voter registration services to individuals. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to permit facilities of the Department of Veterans Affairs to be designated as voter registration agencies, and for other purposes."} | 1,891 | 436 | 0.700121 | 2.150482 | 0.842789 | 5.041026 | 4.435897 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Opportunity Investment Trust
Act''.
SEC. 2. ORGANIZATION.
(a) In General.--There is established a nonprofit corporation to be
known as the ``Digital Opportunity Investment Trust'' (referred to in
this Act as the ``Trust'') which shall not be an agency or
establishment of the United States Government. The Trust shall be
subject to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the ``Digital Opportunity
Investment Trust Fund'' (referred to in this Act as the ``Trust
Fund''). The Trust Fund shall contain such amounts as are
transferred to the Trust Fund under paragraph (2) and any
interest earned on the investment of amounts in the Trust Fund
under section 4.
(2) Transfer of funds.--The Secretary of the Treasury shall
in each fiscal quarter through the last quarter of fiscal year
2028, transfer from the General Fund of the Treasury to the
Trust Fund, an amount equal to 30 percent of the proceeds
received by the Federal Government during the preceding fiscal
quarter from any use (including any auction, sale, fee derived
from, or other revenue generated from) of the electromagnetic
spectrum conducted under section 309 (or any other section) of
the Communications Act of 1934 (47 U.S.C. 309 (j)) (or any
other provision of Federal law) after September 30, 2007.
(c) Board of Directors; Functions, and Duties.--
(1) Board.--
(A) In general.--A board of directors of the Trust
(referred to in this Act as the ``Board'') shall be
established to oversee the administration of the Trust.
Such Board shall consist of 9 members to be appointed
by the President, by and with the advice and consent of
the Senate, who--
(i) reflect representation from the public
and private sectors;
(ii) are not regular full-time employees of
the Federal Government;
(iii) are eminent in such fields as
telecommunications including public television,
information technology, labor and workforce
development, education, cultural and civic
affairs, or the arts and humanities;
(iv) shall provide, as nearly as
practicable, a broad representation of various
regions of the United States, various
professions and occupations, and various kinds
of talent and experience appropriate to the
functions and responsibilities of the Trust;
and
(v) shall be responsible for establishing
the priorities and funding obligations of the
Trust.
(B) Initial members.--The initial members of the
Board shall serve as incorporators of the Trust and
shall take whatever actions are necessary to establish
the Trust under the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(C) Recommendations.--The Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority
Leader of the House of Representatives shall jointly
submit to the President recommendations of individuals,
selected from nominations submitted to Congress from
associations representing the fields of science and
learning relative to the work of the Board, to serve as
members of the Board.
(D) Terms of appointment.--
(i) Date.--Members of the Board shall be
appointed not later than 90 days after the date
of enactment of this Act.
(ii) Terms.--
(I) In general.--Except as provided
in subclause (II), each member of the
Board shall be appointed for a 6-year
term with terms set to expire in non-
Federal election years.
(II) Staggered terms.--With respect
to the initial members of the Board--
(aa) 3 members shall serve
for a term of 6 years;
(bb) 3 members shall serve
for a term of 4 years; and
(cc) 3 members shall serve
for a term of 2 years.
(iii) Vacancies.--A vacancy in the
membership of the Board shall not affect the
Board's powers, and shall be filled in the same
manner as the original member was appointed.
(E) Chair and vice-chair.--
(i) Selection.--The Board shall select,
from among the members of the Board, an
individual to serve for a 2-year term as Chair
of the Board and an individual to serve for a
2-year term as vice-Chair of the Board.
(ii) Consecutive terms.--An individual may
not serve for more than 2 consecutive terms as
Chair of the Board.
(F) Meetings.--
(i) First meeting.--Not later than 30 days
after the date on which all of the members of
the Board have been confirmed by the Senate,
the Chair of the Board shall call the first
meeting of the Board.
(ii) Quorum.--A majority of the members of
the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
(G) Board personnel matters.--
(i) Compensation.--Members of the Board
shall not receive compensation, allowances, or
benefits by reason of the members' service on
the Board.
(ii) Travel expenses.--The members of the
Board 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 Board.
(H) Solicitation of advice.--The Board from time to
time may solicit advice from--
(i) the Secretary of Health and Human
Services;
(ii) the Secretary of Commerce;
(iii) the Secretary of Education;
(iv) the Secretary of Agriculture;
(v) the Secretary of Defense;
(vi) the Secretary of Energy;
(vii) the Secretary of Homeland Security;
(viii) the Secretary of the Interior;
(ix) the Secretary of Labor;
(x) the Administrator of the National
Aeronautics and Space Administration;
(xi) the Director of the National Security
Agency;
(xii) the Director of the National Science
Foundation;
(xiii) the Director of the Office of
Science and Technology Policy;
(xiv) the Director of the National
Endowment for the Arts;
(xv) the Director of the National Endowment
for the Humanities;
(xvi) the Director of the Institute of
Museum and Library Services;
(xvii) the Librarian of Congress; and
(xviii) the President and Chief Executive
Officer of the Corporation for Public
Broadcasting.
(2) Director.--A majority of the members of the Board shall
select a Director of the Trust who shall serve at the
discretion of the Board and shall be responsible for
instituting procedures to carry out the policies and priorities
established by the Board, and for hiring all personnel of the
Trust. The rate of compensation of the Director and personnel
shall be fixed by the Board.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Trust, after consultation with the Board,
may use Trust funds--
(A) to support the digitization of collections and
other significant holdings of the nation's
universities, museums, libraries, public television
stations, and other cultural institutions;
(B) to support basic and applied research,
including demonstrations of innovative learning and
assessment systems as well as the components and tools
needed to create them;
(C) to use the research results developed under
subparagraph (B) to create prototype applications
designed to meet learning objectives in a variety of
subject areas and designed for learners with many
different educational needs, including--
(i) strengthening instruction in reading,
science, mathematics, history, and the arts in
elementary and secondary schools, community
colleges, and other colleges and universities;
(ii) providing the training needed for
people now in the workplace to advance in a
constantly changing work environment; and
(iii) developing new applications for life-
long learning in non-traditional learning
environments such as libraries, museums, senior
and community centers, and public television
and radio;
(D) to conduct assessments of legal, regulatory,
and other issues that must be resolved to ensure rapid
development and use of advanced learning technologies;
and
(E) to coordinate and disseminate information about
initiatives throughout the Federal Government that
focus on uses of technology in education and learning.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Trust, with the agreement of a majority of the
members of the Board, may award contracts and grants to
nonprofit public institutions (with or without private
partners) and for-profit organizations and individuals.
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public.
(ii) Exemption.--The Director of the Trust
may exempt specific projects from the
requirement of clause (i) if the Director of
the Trust and a majority of the members of the
Board determine that the general public will
benefit significantly in the long run due to
the project not being freely and nonexclusively
available to the general public.
(C) Evaluation of proposals.--To the extent
practicable, proposals for such contracts or grants
shall be evaluated on the basis of comparative merit by
panels of experts who represent diverse interests and
perspectives, and who are appointed by the Director of
the Trust from recommendations from the fields served
and the Board of Directors.
(3) Cooperation.--The Director of the Trust, after
consultation with the Board, may cooperate with business,
industry, philanthropy, noncommercial education broadcast,
television and radio licensees and permittees, and local and
national public service institutions, including in activities
that seek to enhance the work of such public service
institutions by seeking new ways to put telecommunications and
information technologies to work in their areas of interest.
SEC. 3. ACCOUNTABILITY AND REPORTING.
(a) Report.--
(1) In general.--Not later than April 30 of each year, the
Director of the Trust shall prepare a report for the preceding
fiscal year that contains the information described in
paragraph (2).
(2) Contents.--A report under paragraph (1) shall include--
(A) a comprehensive and detailed report of the
Trust's operations, activities, financial condition,
and accomplishments, and such recommendations as the
Director of the Trust determines appropriate; and
(B) a comprehensive and detailed inventory of funds
distributed from the Trust Fund during the fiscal year
for which the report is being prepared.
(3) Statement of the board.--Each report under paragraph
(1) shall include a statement from the Board containing--
(A) a clear description of the plans and priorities
of the Board for the subsequent 5-year period for
expenditures from the Trust Fund; and
(B) an estimate of the funds that will be available
for such expenditures from the Trust Fund.
(4) Submission to the president and congress.--A report
under this subsection shall be submitted to the President and
the appropriate committees of Congress.
(b) Testimony.--The Chair of the Board, other members of the Board,
and the Director and principal officers of the Trust shall testify
before the appropriate committees of Congress, upon request of such
committees, with respect to--
(1) a report prepared under subsection (a)(1); and
(2) any other matter that such committees may determine
appropriate.
SEC. 4. INVESTMENT OF TRUST FUNDS.
(a) In General.--The Secretary of the Treasury, after consultation
with the Board, shall invest the funds of the Trust Fund in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
(b) Expenditures.--
(1) In general.--The Director of the Trust shall not
undertake grant or contract activities under this Act until the
Trust has received the interest or other proceeds from the
investment of the Trust Funds for not less than 1 year's
duration. Thereafter, upon Board approval of the annual budget
of the Trust, the Director of the Trust may commence such grant
or contract activities at the start of each fiscal year.
(2) Obligation of funds.--
(A) In general.--Except as provided in subparagraph
(B), in awarding grants or contracts or making other
expenditures under this Act, the Director of the Trust
shall not obligate funds from the Trust that exceed the
proceeds received from the investment of the funds in
the Trust Fund during the preceding fiscal year.
(B) Carry over.--Funds from the Trust Fund that are
available for obligation for a fiscal year that are not
obligated for such fiscal year shall remain available
for obligation for the succeeding fiscal year.
SEC. 5. SPECIAL ACCOUNT FOR DISTRIBUTION TO PUBLIC TELEVISION STATIONS.
(a) Reservation.--An amount equivalent to 21 percent of the
interest derived from the investment proceeds referred to in section
2(b)(2) shall be reserved in a special account within the Trust Fund
for distribution on a regular basis to those noncommercial educational
television broadcast stations (as defined in section 397(6) of the
Communications Act of 1934 (47 U.S.C. 397(6)) that are qualified to
receive grants from the Corporation for Public Broadcasting pursuant to
section 396(k)(6)(B) of such Act (47 U.S.C. 396(k)(6)(B)) and to the
Public Broadcasting Service in partnership with such stations.
(b) Responsibility for Distribution.--The Director of the Trust
shall--
(1) through a special contract, designate the Corporation
for Public Broadcasting as the sole agent responsible for the
distribution of funds under this section; and
(2) transfer the funds referred to in subsection (a) to the
Corporation for Public Broadcasting on a regular basis.
(c) Grants.--In making the distribution referred to in subsection
(a), the Corporation for Public Broadcasting shall utilize a
competitive grant application process that is governed by criteria that
ensures that funds are directed to the creation of locally delivered
digital education and learning services and ensures that a diversity of
licensee types and geographic service areas are adequately served. The
Corporation for Public Broadcasting shall develop such criteria in
consultation with public television licensees, permitees, and
representatives designated by their national organizations. | Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust, which shall receive 30 percent of the proceeds received by the Federal Government each fiscal year quarter through FY 2028 from any use of the publicly owned electromagnetic spectrum after September 30, 2007. Establishes: (1) a Board to oversee administration of the Trust; and (2) a Director of the Trust. Sets forth authorized Trust uses. Obligates specified amounts for public television stations. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a Digital Opportunity Investment Trust."} | 3,227 | 92 | 0.595212 | 1.56925 | 1.12014 | 2.906977 | 35.337209 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability
Act''.
SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS.
(a) Exclusion.--
(1) In general.--Subparagraph (B) of section 529(c)(3) of
the Internal Revenue Code of 1986 (relating to distributions)
is amended to read as follows:
``(B) Distributions for qualified higher education
expenses.--If a distributee elects the application of
this subparagraph for any taxable year--
``(i) no amount shall be includible in
gross income by reason of a distribution which
consists of providing a benefit to the
distributee which, if paid for by the
distributee, would constitute payment of a
qualified higher education expense, and
``(ii) the amount which (but for the
election) would be includible in gross income
by reason of any other distribution shall not
be so includible in an amount which bears the
same ratio to the amount which would be so
includible as the amount of the qualified
higher education expenses of the distributee
bears to the amount of the distribution.''
(2) Additional tax on amounts not used for higher education
expenses.--Section 529 of such Code is amended by adding at the
end the following new subsection:
``(f) Additional Tax for Distributions Not Used for Educational
Expenses.--
``(1) In general.--The tax imposed by section 530(d)(4)
shall apply to payments and distributions from qualified
tuition programs in the same manner as such tax applies to
education individual retirement accounts.
``(2) Excess contributions returned before due date of
return.--Paragraph (1) shall not apply to the distribution to a
contributor of any contribution paid during a taxable year to a
qualified tuition program to the extent that such contribution
exceeds the limitation in section 4973(e) if such distribution
(and the net income with respect to such excess contribution)
meets requirements comparable to the requirements of clauses
(i) and (ii) of section 530(d)(4)(C).''
(3) Coordination with education credits.--Section 25A(e)(2)
of such Code is amended by inserting ``529(c)(3)(B) or'' before
``530(d)(2)''.
(4) Conforming amendment.--Paragraph (2) of section 26(b)
of such Code is amended by redesignating subparagraphs (E)
through (Q) as subparagraphs (F) through (R), respectively, and
by inserting after subparagraph (D) the following new
subparagraph:
``(E) section 529(f) (relating to additional tax on
certain distributions from qualified tuition
programs),''.
(5) Effective date.--The amendments made by this subsection
shall apply to distributions after December 31, 2000, for
education furnished in academic periods beginning after such
date.
(b) Eligible Educational Institutions Permitted To Maintain
Qualified Tuition Programs.--
(1) In general.--Paragraph (1) of section 529(b) of such
Code (defining qualified State tuition program) is amended by
inserting ``or by one or more eligible educational
institutions'' after ``maintained by a State or agency or
instrumentality thereof''.
(2) Private qualified tuition programs limited to benefit
plans.--Clause (ii) of section 529(b)(1)(A) of such Code is
amended by inserting ``in the case of a program established and
maintained by a State or agency or instrumentality thereof,''
before ``may make''.
(3) Conforming amendments.--
(A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D),
529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of such
Code are each amended by striking ``qualified State
tuition'' each place it appears and inserting
``qualified tuition''.
(B) The headings for sections 72(e)(9) and
135(c)(2)(C) of such Code are each amended by striking
``Qualified state tuition'' and inserting ``Qualified
tuition''.
(C) The headings for sections 529(b) and
530(b)(2)(B) of such Code are each amended by striking
``Qualified State Tuition'' and inserting ``Qualified
Tuition''.
(D) The heading for section 529 of such Code is
amended by striking ``STATE''.
(E) The item relating to section 529 in the table
of sections for part VIII of subchapter F of chapter 1
of such Code is amended by striking ``State''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2000.
(c) Change of Qualified Tuition Program or of Designated
Beneficiary.--
(1) In general.--Clause (i) of section 529(c)(3)(C) of such
Code is amended by inserting ``to another qualified tuition
program for the benefit of the designated beneficiary or''
after ``transferred''.
(2) Inclusion of siblings as member of family.--Paragraph
(2) of section 529(e) of such Code is amended by striking
``and'' at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ``; and'', and by
adding at the end the following new subparagraph:
``(D) any sibling (whether by the whole or half
blood) of the designated beneficiary.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2000. | Higher Education Affordability Act - Amends the Internal Revenue Code to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses.Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for education."} | 1,353 | 54 | 0.512934 | 1.143307 | 0.908687 | 2.113636 | 25.113636 | 0.795455 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
2009''.
(b) Reference.--Except as provided in section 8, 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 Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wage rate differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce.
(2) The existence of such wage rate differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) United States Census Bureau data shows that in 2007,
women in the United States working full-time, year-round earned
roughly 78 cents for every dollar earned by a man working full-
time, year-round.
(B) A 2003 study by the General Accountability Office found
that even when accounting for key factors generally known to
influence earnings such as race, marital status, age and number
of children as well as hours worked and time out of the
workforce, a 20 percent gap in pay remains which cannot be
accounted for but may be partially explained by women make less
who work in traditionally female dominated careers as well as
other discrimination in the workplace.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 4 decades after the
passage of section 6(d) of the Fair Labor Standards Act of
1938, the Equal Pay Act of 1963, and the Civil Rights Act of
1964 (42 U.S.C. 2000a et seq.). Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discrimination through wage rate
differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(h)(1)(A) Except as provided in subparagraph (B), no employer
having employees subject to any provision of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
``(B) Nothing in subparagraph (A) shall prohibit the payment of
different wage rates to employees where such payment is made pursuant
to--
``(i) a seniority system;
``(ii) a merit system;
``(iii) a system that measures earnings by quantity or
quality of production; or
``(iv) a differential based on a bona fide factor other
than sex, race, or national origin, such as education,
training, or experience, except that this clause shall apply
only if--
``(I) the employer demonstrates that--
``(aa) such factor--
``(AA) is job-related with respect
to the position in question; or
``(BB) furthers a legitimate
business purpose, except that this item
shall not apply if the employee
demonstrates that an alternative
employment practice exists that would
serve the same business purpose without
producing such differential and that
the employer has refused to adopt such
alternative practice; and
``(bb) such factor was actually applied and
used reasonably in light of the asserted
justification; and
``(II) upon the employer succeeding under subclause
(I), the employee fails to demonstrate that the
differential produced by the reliance of the employer
on such factor is itself the result of discrimination
on the basis of sex, race, or national origin by the
employer.
``(C) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin
for purposes of subparagraph (B)(iv). Such guidelines shall not include
a list of such jobs.
``(D) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee that have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) In this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and that exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6 (d) and (h)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(h) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing to enforce section 6(h);
or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(h).''.
SEC. 5. REMEDIES.
(a) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is
amended--
(1) by inserting after the first sentence the following:
``Any employer who violates subsection (d) or (h) of section 6
shall additionally be liable for such compensatory or punitive
damages as may be appropriate, except that the United States
shall not be liable for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees'', by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employee'';
(4) in the sentence beginning ``The court in'', by striking
``in such action'' and inserting ``in any action brought to
recover the liability prescribed in any of the preceding
sentences of this subsection''; and
(5) by striking ``section 15(a)(3)'' each place it occurs
and inserting ``paragraphs (3), (6), and (7) of section
15(a)''.
(b) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is
amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of subsection (d) or (h) of section 6, additional
compensatory or punitive damages,'' before ``and the
agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of subsection
(d) or (h) of section 6, additional compensatory or punitive
damages''; and
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''.
(c) Fees.--Section 16 (29 U.S.C. 216) is amended by adding at the
end the following:
``(f) In any action brought under this section for a violation of
section 6(h), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.''.
SEC. 6. RECORDS.
(a) Records.--Section 11(c) (29 U.S.C. 211(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) Every employer subject to section 6(h) shall preserve records
that document and support the method, system, calculations, and other
bases used by the employer in establishing, adjusting, and determining
the wage rates paid to the employees of the employer. Every employer
subject to section 6(h) shall preserve such records for such periods of
time, and shall make such reports from the records to the Equal
Employment Opportunity Commission, as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(h) or
any regulation promulgated pursuant to section 6(h).''.
(b) Small Business Exemptions.--Section 11(c) (as amended by
subsection (a)) is further amended by adding at the end the following:
``(3) Every employer subject to section 6(h) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during any subsequent year after such second year, shall, in accordance
with regulations promulgated by the Equal Employment Opportunity
Commission under paragraph (8), prepare and submit to the Equal
Employment Opportunity Commission for the year involved a report signed
by the president, treasurer, or corresponding principal officer, of the
employer that includes information that discloses the wage rates paid
to employees of the employer in each classification, position, or job
title, or to employees in other wage groups employed by the employer,
including information with respect to the sex, race, and national
origin of employees at each wage rate in each classification, position,
job title, or other wage group.''.
(c) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
``(4) The rules and regulations promulgated by the Equal Employment
Opportunity Commission under paragraph (8), relating to the form of
such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(d) Use; Inspections; Examination; Regulations.--Section 11(c) (as
amended by subsections (a) through (c)) is further amended by adding at
the end the following:
``(5) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of paragraph (3). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based on the information and
data as the Equal Employment Opportunity Commission may consider
appropriate.
``(6) In order to carry out the purposes of this Act, the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report submitted to the Equal
Employment Opportunity Commission pursuant to paragraph (3).
``(7) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports submitted to
the Equal Employment Opportunity Commission pursuant to paragraph (3)
to any person upon payment of a charge based upon the cost of the
service.
``(8) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be submitted under paragraph (3) and such other reasonable rules and
regulations as the Equal Employment Opportunity Commission may find
necessary to prevent the circumvention or evasion of such reporting
requirements. In exercising the authority of the Equal Employment
Opportunity Commission under paragraph (3), the Equal Employment
Opportunity Commission may prescribe by general rule simplified reports
for employers for whom the Equal Employment Opportunity Commission
finds that because of the size of the employers a detailed report would
be unduly burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall conduct
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(h) prohibiting wage
rate discrimination between employees performing work in equivalent
jobs on the basis of sex, race, or national origin. Such studies,
information, and technical assistance shall be based on and include
reference to the objectives of such section to eliminate such
discrimination. In order to achieve the objectives of such section, the
Equal Employment Opportunity Commission shall carry on a continuing
program of research, education, and technical assistance including--
``(A) conducting and promoting research with the intent of
developing means to expeditiously correct the wage rate
differentials described in section 6(h);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(h);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(h).
``(5) The report submitted biennially by the Secretary to Congress
under paragraph (1) shall include a separate evaluation and appraisal
regarding the implementation of section 6(h).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Congressional Employees.--
(1) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(A) by striking ``subsections (a)(1) and (d) of
section 6'' and inserting ``subsections (a)(1), (d),
and (h) of section 6''; and
(B) by striking ``206 (a)(1) and (d)'' and
inserting ``206 (a)(1), (d), and (h)''.
(2) Remedies.--Section 203(b) of such Act (2 U.S.C.
1313(b)) is amended by inserting before the period the
following: ``or, in an appropriate case, under section 16(f) of
such Act (29 U.S.C. 216(f))''.
(b) Executive Branch Employees.--
(1) Application.--Section 413(a)(1) of title 3, United
States Code, as added by section 2(a) of the Presidential and
Executive Office Accountability Act (Public Law 104-331; 110
Stat. 4053), is amended by striking ``subsections (a)(1) and
(d) of section 6'' and inserting ``subsections (a)(1), (d), and
(h) of section 6''.
(2) Remedies.--Section 413(b) of such title is amended by
inserting before the period the following: ``or, in an
appropriate case, under section 16(f) of such Act''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Fair Pay Act of 2009 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on bona fide factors that the employer demonstrates are job-related or further legitimate business interests.)
Prohibits the discharge of, or any other discrimination against, an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Directs the Equal Employment Opportunity Commission (EEOC) to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; and (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. Makes conforming amendments relating to congressional and executive branch employees to the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes."} | 4,081 | 284 | 0.491486 | 1.44607 | 0.771323 | 3.565217 | 15.019763 | 0.924901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guard and Reservists Education
Improvement Act''.
SEC. 2. CONSOLIDATION OF CERTAIN ELIGIBILITY TIERS UNDER POST-9/11
EDUCATIONAL ASSISTANCE PROGRAM OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Entitlement.--Section 3311(b) of title 38, United States Code,
is amended--
(1) in paragraph (6)(A), by striking ``12 months'' and
inserting ``6 months'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
(b) Amount of Educational Assistance.--Section 3313(c) of such
title is amended by striking paragraph (7).
(c) Conforming Amendments.--Sections 3311, 3313, 3316, 3322, and
3679 of such title are further amended--
(1) in section 3311(f), by striking ``paragraph (9)'' each
place it appears and inserting ``paragraph (8)'';
(2) in section 3313--
(A) in subsection (c)(1), by striking ``(9)'' and
inserting ``(8)'';
(B) in subsection (d), by striking ``paragraphs (2)
through (7)'' each place it appears and inserting
``paragraphs (2) through (6)'';
(C) in subsection (e)(2)(C)--
(i) by striking ``paragraphs (3) through
(8)'' and inserting ``paragraphs (3) through
(7)''; and
(ii) by striking ``paragraphs (2) through
(7)'' and inserting ``paragraphs (2) through
(6)'';
(D) in subsection (f)(2)(A)(ii), by striking
``paragraphs (2) through (7)'' and inserting
``paragraphs (2) through (6)'';
(E) in subsection (g)(3)--
(i) in subparagraph (A)(iv)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(ii) in subparagraph (B)(iii)--
(I) by striking ``paragraphs (3)
through (8)'' and inserting
``paragraphs (3) through (7)''; and
(II) by striking ``paragraphs (2)
through (7)'' and inserting
``paragraphs (2) through (6)'';
(iii) in subparagraph (C)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(iv) in subparagraph (D)(ii)--
(I) in subclause (I), by striking
``(9)'' and inserting ``(8)''; and
(II) in subclause (II)--
(aa) by striking
``paragraphs (3) through (8)''
and inserting ``paragraphs (3)
through (7)''; and
(bb) by striking
``paragraphs (2) through (7)''
and inserting ``paragraphs (2)
through (6)''; and
(F) in subsection (h), by striking ``paragraphs (2)
through (7)'' and inserting ``paragraphs (2) through
(6)'';
(3) in section 3316--
(A) in subsection (a)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)''; and
(B) in subsection (b)(1), by striking ``paragraphs
(2) through (7)'' and inserting ``paragraphs (2)
through (6)'';
(4) in section 3322--
(A) in subsection (e), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)'';
(B) in subsection (f), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''; and
(C) in subsection (h)(2), by striking
``3311(b)(9)'' and inserting ``3311(b)(8)''; and
(5) in section 3679(c)(2)(B), by striking ``3311(b)(9)''
and inserting ``3311(b)(8)''. | Guard and Reservists Education Improvement Act This bill revises eligibility for, and the amounts of, Department of Veterans Affairs post-9/11 educational assistance based on a service member's active duty service, excluding training. Full benefits are available for service members who serve 36 months on active duty, and tiered lesser amounts are available for service members who serve for shorter periods. The bill consolidates certain of these tiers and increases the amount of assistance for individuals who serve on active duty for: (1) at least 6 months but less than 18 months, and (2) at least 90 days but less than 6 months. | {"src": "billsum_train", "title": "Guard and Reservists Education Improvement Act"} | 1,172 | 128 | 0.477049 | 1.246573 | 0.600683 | 0.820513 | 8.74359 | 0.444444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Account Number
Protection Act''.
SEC. 2. SOCIAL SECURITY NUMBER PROTECTION.
(a) Prohibition of Unnecessary Solicitation of Social Security
Numbers.--
(1) In General.--Unless there is a specific use of a social
security account number for which no other identifier
reasonably can be used, a covered entity may not solicit a
social security account number from an individual except for
the following purposes:
(A) For use in an identification, verification,
accuracy, or identity proofing process.
(B) For any purpose permitted under the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm-
Leach-Bliley Act (15 U.S.C. 6802(e)).
(C) To comply with the requirement of Federal,
State, or local law.
(2) Exceptions.--Paragraph (1) does not apply to the
solicitation of a social security account number--
(A) for the purpose of obtaining a consumer report
for any purpose permitted under the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.),
(B) by a consumer reporting agency for the purpose
of authenticating or obtaining appropriate proof of a
consumer's identity, as required under that Act;
(C) for any purpose permitted under section 502(e)
of the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)); or
(D) to the extent necessary for verifying the
accuracy of information submitted by an individual to a
covered entity, its agents, contractors, or employees
or for the purpose of authenticating or obtaining
appropriate proof of an individual's identity;
(E) to identity or locate missing or abducted
children, witnesses, criminals, fugitives, parties to
lawsuits, parents delinquent in child support payments,
organ and bone marrow donors, pension fund
beneficiaries, and missing heirs;
(F) to the extent necessary to prevent, detect, or
investigate fraud, unauthorized transactions, or other
financial liability or to facilitate the enforcement of
an obligation of, or collection of a debt from, a
consumer, provided that the person selling, providing,
displaying, or obtaining the social security account
number does not do so for marketing purposes.
(b) Prohibition of the Display of Social Security Numbers on
Employee Identification Cards, etc.--
(1) D23/In general.--A covered entity may not display an
individual's security account number (or any derivative of such
number) on any card or tag that is commonly provided to
employees (or to their family members), faculty, staff, or
students for purposes of identification.
(2) Driver's licenses.--A State may not display the social
security account number of an individual on driver's licenses
issued by that State.
(c) Prohibition of Prisoner Access to Social Security Numbers.--
(1) In general.--Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at
the end the following:
``(x) No executive, legislative, or
judicial agency or instrumentality of the
Federal Government or of a State or political
subdivision thereof (or person acting as an
agent of such an agency or instrumentality) may
employ, or enter into a contract for the use or
employment of, prisoners in any capacity that
would allow such prisoners access to the social
security account numbers of other individuals.
For purposes of this clause, the term
`prisoner' means an individual who is confined
in a jail, prison, or other penal institution
or correctional facility, serving community
service as a term of probation or parole, or
serving a sentence through a work-furlough
program.''.
(2) Treatment of current arrangements.--In the case of--
(A) prisoners employed as described in clause (x)
of section 205(c)(2)(C) of the Social Security Act (42
U.S.C. 405(c)(2)(C)), as added by paragraph (1), on the
date of enactment of this Act; and
(B) contracts described in such clause in effect on
such date,
the amendment made by paragraph (1) shall take effect 90 days
after the date of enactment of this Act.
(d) Prohibition of Sale and Display of Social Security Numbers to
the General Public.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person--
(A) to sell, purchase, or provide a social security
account number, to the general public or display to the
general public social security account numbers; or
(B) to obtain or use any individual's social
security account number for the purpose of locating or
identifying such individual with the intent to
physically injure or harm such individual or using the
identity of such individual for any illegal purpose.
(2) Exceptions.--Notwithstanding paragraph (1), and subject
to paragraph (4), a social security account number may be sold,
provided, displayed, or obtained by any person--
(A) to the extent necessary for law enforcement or
national security purposes;
(B) to the extent necessary for public health
purposes;
(C) to the extent necessary in emergency situations
to protect the health or safety of 1 or more
individuals;
(D) to the extent that the sale or display is
required, authorized, or permitted under any law of the
United States or of any State (or political subdivision
thereof);
(E) for any purposes allowed under the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) or the Gramm-
Leach-Bliley Act (15 U.S.C. 6802(e));
(F) to the extent necessary for verifying the
accuracy of information submitted by an individual to a
covered entity, its agents, contractors, or employees
or for the purpose of authenticating or obtaining
appropriate proof of the individual's identity;
(G) to the extent necessary to identify or locate
missing or abducted children, witnesses to an ongoing
or potential civil or criminal lawsuit, criminals,
criminal suspects, parties to lawsuits, parents
delinquent in child support payments, organ and bone
marrow donors, pension fund beneficiaries, missing
heirs, and for similar legal, medical, or family
related purposes, if the person selling, providing,
displaying, or obtaining the social security account
number does not do so for marketing purposes;
(H) to the extent necessary to prevent, detect, or
investigate fraud, unauthorized transactions, or other
financial liability or to facilitate the enforcement of
an obligation of, or collection of a debt from, a
consumer, if the person selling, providing, displaying,
or obtaining the social security account number does
not do so for marketing purposes;
(I) to the extent the transmission of the number is
incidental to, and in the course of, the sale, lease,
franchising, or merger of all, or a portion of, a
business; or
(J) to the extent necessary for research (other
than market research) conducted by an agency or
instrumentality of the United States or of a State or
political subdivision thereof (or an agent of such an
agency or instrumentality) for the purpose of advancing
the public good, on the condition that the researcher
provides adequate assurances that--
(i) the social security account numbers
will not be used to harass, target, or publicly
reveal information concerning any identifiable
individuals;
(ii) information about identifiable
individuals obtained from the research will not
be used to make decisions that directly affect
the rights, benefits, or privileges of specific
individuals; and
(iii) the researcher has in place
appropriate safeguards to protect the privacy
and confidentiality of any information about
identifiable individuals, including procedures
to ensure that the social security account
numbers will be encrypted or otherwise
appropriately secured from unauthorized
disclosure; or
(K) to the extent that the transmission of the
social security account number is incidental to the
sale or provision of a document lawfully obtained
from--
(i) the Federal Government or a State or
local government, that the document has been
made available to the general public; or
(ii) the document has been made available
to the general public via widely distributed
media.
(3) Limitation.--Paragraph (2)(K) does not apply to
information obtained from publicly available sources or from
Federal, State, or local government records if that information
is combined with information obtained from non-public sources.
(4) Consensual sale.--Notwithstanding paragraph (1), a
social security account number assigned to an individual may be
sold, provided, or displayed to the general public by any
person to the extent consistent with such individual's
voluntary and affirmative written consent to the sale,
provision, or display of the social security account number
only if--
(A) the terms of the consent and the right to
refuse consent are presented to the individual in a
clear, conspicuous, and understandable manner;
(B) the individual is placed under no obligation to
provide consent to any such sale or display; and
(C) the terms of the consent authorize the
individual to limit the sale, provision, or display to
purposes directly associated with the transaction with
respect to which the consent is sought.
SEC. 3. ENFORCEMENT.
(a) Enforcement by Commission.--Except as provided in subsection
(c), this Act shall be enforced by the Commission.
(b) Violation is Unfair or Deceptive Act or Practice.--The
violation of any provision of this Act shall be treated as an unfair or
deceptive act or practice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(c) Enforcement by Certain Other Agencies.--Compliance with this
Act shall be enforced exclusively under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, organizations operating under section 25
or 25A of the Federal Reserve Act (12 U.S.C. 601 and
611) by the Board of Governors of the Federal Reserve
System;
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System), insured State branches of foreign banks by the
Board of Directors of the Federal Deposit Insurance
Corporation; and
(D) savings associations the deposits of which are
insured by the Federal Deposit Insurance Corporation by
the Director of the Office of Thrift Supervision;
(2) the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
by the Board of the National Credit Union Administration Board
with respect to any Federal credit union;
(3) the Securities and Exchange Act of 1934 (15 U.S.C. 78a
et seq.) by the Securities and Exchange Commission with respect
to--
(A) a broker or dealer subject to that Act;
(B) an investment company subject to the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.); and
(C) an investment advisor subject to the Investment
Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.); and
(4) State insurance law, in the case of any person engaged
in providing insurance, by the applicable State insurance
authority of the State in which the person is domiciled.
(d) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (c) of its powers under any Act
referred to in that subsection, a violation of this Act is deemed to be
a violation of a requirement imposed under that Act. In addition to its
powers under any provision of law specifically referred to in
subsection (c), each of the agencies referred to in that subsection may
exercise, for the purpose of enforcing compliance with any requirement
imposed under this Act, any other authority conferred on it by law.
(e) Other Authority Not Affected.--Nothing in this Act shall be
construed to limit or affect in any way the Commission's authority to
bring enforcement actions or take any other measure under the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of
law.
(f) Compliance With Gramm-Leach-Bliley Act.--
(1) Notice.--Any covered entity that is subject to the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et. seq.), and gives
notice in compliance with the notification requirements
established for such covered entities under title V of that Act
is deemed to be in compliance with section 3 of this Act.
(2) Safeguards.--Any covered entity that is subject to the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et. seq.), and fulfills
the information protection requirements established for such
entities under title V of the Act and under section 607(a) of
the Fair Credit Reporting Act (15 U.S.C. 1681e(a)) to protect
sensitive personal information shall be deemed to be in
compliance with section 2 of this Act.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--Except as provided in section 3(c), a State, as
parens patriae, may bring a civil action on behalf of its residents in
an appropriate state or district court of the United States to enforce
the provisions of this Act, to obtain damages, restitution, or other
compensation on behalf of such residents, or to obtain such further and
other relief as the court may deem appropriate, whenever the attorney
general of the State has reason to believe that the interests of the
residents of the State have been or are being threatened or adversely
affected by a covered entity that violates this Act or a regulation
under this Act.
(b) Notice.--The State shall serve written notice to the Commission
(or other appropriate Federal regulator under section 3) of any civil
action under subsection (a) at least 60 days prior to initiating such
civil action. The notice shall include a copy of the complaint to be
filed to initiate such civil action, except that if it is not feasible
for the State to provide such prior notice, the State shall provide
such notice immediately upon instituting such civil action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Commission (or other appropriate Federal regulator
under section 8) may intervene in such civil action and upon
intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--I | Social Security Account Number Protection Act - Prohibits any financial or related institution covered by this Act (covered entity), unless for a specific use for which no other identifier reasonably can be employed, from soliciting a Social Security number from an individual except: (1) for use in an identification, verification, accuracy, or identity proofing process; (2) for any purpose permitted under the Fair Credit Reporting Act or the Gramm-Leach-Bliley Act; or (3) to comply with the requirements of federal, state, or local law.
Specifies further exceptions to this prohibition.
Prohibits a covered entity from displaying an individual's Social Security account number (or any derivative) on any card or tag commonly provided to employees (or to their family members), faculty, staff, or students for purposes of identification.
Prohibits a state from displaying an individual's Social Security account number on his or her driver's license.
Prohibits prisoner access to Social Security numbers.
Prohibits the sale, provision, or display of Social Security numbers to the general public, or its acquisition or use to identify or locate a person with intent to injure or harm that person, or to use the person's identity for an illegal purpose.
Specifies exceptions to this prohibition.
Allows the sale, provision, or display of an individual's Social Security account number to the general public to the extent consistent with the individual's voluntary and affirmative written consent, but only if: (1) the terms of the consent and the right to refuse are presented to the individual in a clear, conspicuous, and understandable manner; (2) the individual is placed under no obligation to provide such consent; and (3) the terms and conditions of the consent authorize the individual to limit the sale, provision, or display to purposes directly associated with the transaction with respect to which the consent is sought.
Authorizes the Federal Trade Commission, state attorneys general, and certain other federal regulatory agencies to enforce this Act.. | {"src": "billsum_train", "title": "A bill to provide additional security and privacy protection for social security account numbers."} | 3,419 | 429 | 0.637914 | 2.208768 | 0.871669 | 4.542199 | 8.035806 | 0.946292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tenant Protection Act''.
SEC. 2. TENANT BLACKLISTING.
(a) Definitions.--In this section--
(1) the terms ``consumer'', ``consumer report'', and
``nationwide specialty consumer reporting agency'' have the
meanings given those terms in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a); and
(2) the term ``tenant rating agency'' means a nationwide
specialty consumer reporting agency described in section
603(x)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681a(x)(2)).
(b) Amendments to the Fair Credit Reporting Act.--The Fair Credit
Reporting Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 605 (15 U.S.C. 1681c), by adding at the end
the following:
``(i) Housing Court Records.--A consumer reporting agency may not
make a consumer report containing a landlord-tenant court or other
housing court record, unless--
``(1) the case to which the record pertains resulted in a
judgment of possession;
``(2) the decision of the court in the case to which the
record pertains is not being appealed; and
``(3) the record antedates the consumer report by not more
than 3 years.'';
(2) in section 611(a) (15 U.S.C. 1681i(a))--
(A) in paragraph (1)(A), by inserting ``or by
submitting a notice of the dispute through the
centralized source described in section 612(a)(1)(B) or
the centralized source required to be established under
section 2(c) of the Tenant Protection Act'' after
``through a reseller''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``or a reseller''
and inserting ``a reseller, or a
centralized source''; and
(II) by striking ``or reseller''
and inserting ``reseller, or
centralized source''; and
(ii) in subparagraph (B), by striking ``or
the reseller'' and inserting ``the reseller, or
the centralized source'';
(3) in section 615 (15 U.S.C. 1681m), by adding at the end
the following:
``(i) Additional Duty of Users Taking Adverse Actions on the Basis
of Housing Court Records Contained in Consumer Reports.--If any person
takes any adverse action with respect to a consumer that is based in
whole or in part on a landlord-tenant court or other housing record
contained in a consumer report, the person shall provide to the
consumer a free copy of the consumer report used by the person in
taking the adverse action.''; and
(4) by adding at the end the following:
``SEC. 630. CIVIL LIABILITY FOR CREATING REPORTS WITH INACCURATE
HOUSING COURT RECORDS.
``Any person who willfully makes a consumer report with respect to
a consumer that contains an inaccurate landlord-tenant court or other
housing record is liable to the consumer in an amount equal to the sum
of--
``(1) any actual damages sustained by the consumer as a
result of making that consumer report or damages of not less
than $500 and not more than $1,500;
``(2) such amount of punitive damages as the court may
allow; and
``(3) in the case of any successful action to enforce any
liability under this section, the costs of the action together
with reasonable attorney's fees as determined by the court.''.
(c) Regulations Applicable to Clearinghouse System.--Not later than
1 year after the date of enactment of this Act, the Bureau of Consumer
Financial Protection shall issue regulations--
(1) applicable to tenant rating agencies to require the
establishment of--
(A) a centralized source through which consumers
may--
(i) obtain a consumer report from each such
tenant rating agency once during any 12-month
period, using a single request, and without
charge to the consumer, as provided in section
612(a) of the Fair Credit Reporting Act (15
U.S.C. 1681j(a)); and
(ii) submit a notice of a dispute of
inaccurate information, as provided in section
611(a) of the Fair Credit Reporting Act (15
U.S.C. 1681i(a); and
(B) a standardized form for a consumer to make a
request for a consumer report under subparagraph (A)(i)
or submit a notice of dispute under subparagraph
(A)(ii) by mail or through an Internet website; and
(2) to provide that a consumer may submit a notice of
dispute of inaccurate information through the centralized
source established in accordance with section 211(c) of the
Fair and Accurate Credit Transactions Act of 2003 (15 U.S.C.
1681j note), as provided in section 611(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681i(a)), using the standardized form
described in paragraph (1)(B).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Bureau of Consumer Financial Protection shall conduct a
study and submit to Congress a report on the status of tenant rating
agencies and the compliance of tenant rating agencies under the Fair
Credit Reporting Act (15 U.S.C. 1601 et seq.), including a gap analysis
of laws and resources to deter noncompliance with the intent and
purpose of the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.). | Tenant Protection Act This bill amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from creating a report containing a landlord-tenant court or other housing court record unless: the case resulted in a judgment of possession, the decision is not being appealed, and the record is not more than three years old. If a person takes an adverse action against a consumer based upon a housing court record, the person must provide the consumer a free copy of the report. A person who willfully creates a housing court report that contains an inaccuracy is civilly liable to the consumer. The Consumer Financial Protection Bureau must: (1) issue regulations that direct tenant rating agencies to create a central source for consumers to obtain reports and submit disputes, and (2) report on tenant rating agency compliance. | {"src": "billsum_train", "title": "Tenant Protection Act"} | 1,327 | 178 | 0.511582 | 1.440576 | 0.790811 | 2.363057 | 7.171975 | 0.859873 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grow American Incomes Now Act of
2017'' or the ``GAIN Act of 2017''.
SEC. 2. MODIFICATION OF EARNED INCOME TAX CREDIT.
(a) In General.--
(1) Increase in credit percentage.--The table in section
32(b)(1) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``7.65'' in the second column
(relating to credit percentage) and inserting ``30'';
(B) by striking ``7.65'' in the third column
(relating to phaseout percentage) and inserting
``15.98'';
(C) by striking ``34'' and inserting ``65.28'';
(D) by striking ``40'' and inserting ``76.80''; and
(E) by striking ``45'' and inserting ``86.40''.
(2) Earned income amount and phaseout amount.--
(A) In general.--Subparagraph (A) of section
32(b)(2) of such Code is amended by striking ``Subject
to subparagraph (B), the earned income amount and the
phaseout amount'' and inserting ``Subject to
subparagraph (B)--
``(i) Phaseout amount.--The phaseout amount
is $18,340.
``(ii) Earned income amount.--The earned
income amount''.
(B) Credit phase-in ends.--Section 32(b)(2)(A)(ii)
of such Code, as amended by subparagraph (A), is
further amended by striking the table and inserting the
following:
``In the case of an The earned income
eligible individual with: amount is:
1 qualifying child................................. $10,000
2 or more qualifying children...................... $14,040
No qualifying children............................. $10,000.''.
(b) Eligibility Age.--Subclause (II) of section 32(c)(1)(A)(ii) of
the Internal Revenue Code of 1986 is amended by striking ``25'' and
inserting ``21''.
(c) Conforming and Technical Amendment.--Paragraph (1) of section
32(j) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(1) In general.--In the case of any taxable year
beginning after 2016, each of the dollar amounts in subsections
(b)(2) and (i)(1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined--
``(i) in the case of amounts in subsection
(b)(2)(A), by substituting `calendar year 2016'
for `calendar year 1992' in subparagraph (B)
thereof, and
``(ii) in the case of amounts in subsection
(i)(1), by substituting `calendar year 1995'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 3. ADVANCE PAYMENT OF EARNED INCOME CREDIT.
(a) In General.--Chapter 25 of subtitle C of the Internal Revenue
Code of 1986 is amended by inserting after section 3506 the following
new section:
``SEC. 3507. ADVANCE PAYMENT OF EARNED INCOME CREDIT.
``(a) Advance Payment.--
``(1) In general.--An employer making payment of wages to
an employee with respect to whom an eligibility certificate is
in effect shall, at the time of paying such wages for the
payroll period elected by the employee under paragraph (2),
make an additional lump sum payment to such employee equal to
the earned income advance amount (except as provided in
subsection (b)(1)(C)(ii)) of such employee.
``(2) Payments available after 6 months of employment
during calendar year.--For purposes of paragraph (1), an
employee with respect to whom an eligibility certificate is in
effect for the calendar year may elect to receive the earned
income advance amount at the same time as wages for any payroll
period which begins after the employee has been paid wages by
the employer for a period of not less than 6 months during such
calendar year.
``(b) Eligibility Certificate.--
``(1) In general.--For purposes of this section, an
eligibility certificate is a statement submitted by an employee
to the employer which--
``(A) certifies that the employee is eligible to
receive the credit provided by section 32 for the
taxable year,
``(B) certifies that the employee does not have an
eligibility certificate in effect for the calendar year
with respect to the payment of wages by another
employer, and
``(C) certifies that--
``(i) an eligibility certificate has not
been in effect for the spouse of the employee
on any date during the calendar year, or
``(ii) such a certificate is in effect for
the spouse of the employee, and the employee is
eligible to receive only \1/2\ the earned
income advance amount otherwise determined with
respect to the employee.
``(2) Employer not responsible for verification.--For
purposes of this section, an employer shall not--
``(A) be required to verify any certification made
by an employee in the statement described in paragraph
(1), or
``(B) be held liable for any false claims or
statements made by an employee in regards to such
statement.
``(c) Earned Income Advance Amount.--
``(1) Determination of amount.--
``(A) In general.--Subject to subparagraph (B), the
term `earned income advance amount' means, with respect
to any payroll period, the amount determined--
``(i) on the basis of the wages of the
employee from the employer during such calendar
year through such payroll period, and
``(ii) in accordance with tables issued by
the Secretary.
``(B) Limitation.--For each calendar year, except
as provided in subparagraph (C), the earned income
advance amount shall not exceed $500.
``(C) Adjustment for inflation.--
``(i) In general.--In the case of any
taxable year beginning after 2019, the $500
amount in subparagraph (B) shall be increased
by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2018' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any increase
determined under paragraph (1) is not a
multiple of $10, such increase shall be rounded
to the nearest multiple of $10.
``(2) Armed forces.--In the case of an employee who is a
member of the Armed Forces of the United States, the earned
income advance amount shall be determined by taking into
account the total wages of such employee, as determined for
purposes of section 32.
``(3) Advance amount tables.--For purposes of paragraph
(1)(A)(ii), the tables issued by the Secretary shall be similar
in form to the tables issued under section 3402 and, to the
extent feasible, coordinated with such tables.
``(d) Payments To Be Treated as Payments of Withholding and FICA
Taxes.--
``(1) In general.--Payments made by an employer under
subsection (a) to an employee--
``(A) shall not be treated as payment of
compensation, and
``(B) shall be treated as made out of--
``(i) amounts required to be deducted and
withheld for the payroll period under section
3401,
``(ii) amounts required to be deducted for
the payroll period under section 3102, and
``(iii) amounts of the taxes imposed for
the payroll period under section 3111,
as if the employer had paid to the Secretary, on the
day on which the wages are paid to the employee, an
amount equal to such payments.
``(2) Advance payments exceed taxes due.--In the case of
any employer, if for any payroll period the aggregate amount of
earned income advance payments exceeds the sum of the amounts
referred to in paragraph (1)(B), the employer shall pay only so
much of such earned income advance payment as does not exceed
such sum, and shall not make any further advance payments to
the employee for the calendar year.
``(3) Failure to make advance payments.--Failure to make
any payment of an earned income advance amount as required
under this section shall be treated as the failure at such time
to deduct and withhold under chapter 24 an amount equal to the
earned income advance amount.
``(e) Submission of Certificate.--
``(1) Effective period.--An eligibility certificate
submitted to an employer at any time during the calendar year
shall continue in effect with respect to the employee during
such calendar year until revoked by the employee or until
another such certificate takes effect under this section.
``(2) Requirement to revoke certificate.--In the case of an
employee who has submitted an eligibility certificate under
this section and subsequently becomes ineligible for the credit
provided under section 32 for the taxable year, the employee
shall, not later than 10 days after becoming ineligible for
such credit, submit to the employer a revocation of such
certificate.
``(3) Form and contents of certificate.--Eligibility
certificates shall be in such form and contain such other
information as the Secretary may by regulations prescribe.
``(f) Taxpayers Making Prior Fraudulent or Reckless Claims.--
``(1) In general.--No earned income advance amount shall be
paid under this section for any taxable year in the
disallowance period.
``(2) Disallowance period.--For purposes of paragraph (1),
the disallowance period is--
``(A) the period of 10 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of an earned
income advance amount under this section was due to
fraud, and
``(B) the period of 2 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of an earned
income advance amount under this section was due to
reckless or intentional disregard of rules and
regulations (but not due to fraud).
``(g) Taxable Year.--The term `taxable year' means the last taxable
year of the employee under subtitle A beginning in the calendar year in
which the wages are paid.
``(h) IRS Notification.--The Internal Revenue Service shall take
such steps as may be appropriate to ensure that taxpayers who receive a
refund of the credit under section 32 are aware of the availability of
earned income advance amounts under this section.''.
(b) Coordination With Advance Payments.--Section 32 of the Internal
Revenue Code of 1986 is amended by inserting after subsection (f) the
following new subsection:
``(g) Coordination With Advance Payments of Earned Income Credit.--
``(1) Recapture of advance payments.--If any payment is
made to the individual by an employer under section 3507 during
any calendar year, then the tax imposed by this chapter for the
individual's last taxable year beginning in such calendar year
shall be increased by the aggregate amount of such payments.
``(2) Reconciliation of payments advanced and credit
allowed.--Any increase in tax under paragraph (1) shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit (other than the credit
allowed by subsection (a)) allowable under this part.''.
(c) Filing Requirement.--Section 6012(a) of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (8) the following
new paragraph:
``(9) Every individual who receives payments during the
calendar year in which the taxable year begins under section
3507.''.
(d) Receipts for Employees.--Section 6051(a) of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (6) the
following new paragraph:
``(7) the total amount paid to the employee under section
3507 (relating to advance payment of earned income credit),''.
(e) Clerical Amendment.--The table of sections for chapter 25 of
subtitle C of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 3506 the following new item:
``Sec. 3507. Advance payment of earned income credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date which is 1 year after
the date of the enactment of this Act. | Grow American Incomes Now Act of 2017 or the GAIN Act This bill amends the Internal Revenue Code, with respect to the earned income tax credit (EITC), to: (1) increase specified credit and phaseout percentages, (2) increase the earned income amounts and the phaseout amounts, (3) decrease from 25 to 21 the minimum eligibility age for individuals without qualifying children, and (4) allow employees to elect to receive advance payments of the EITC from employers when wages are paid. | {"src": "billsum_train", "title": "Grow American Incomes Now Act of 2017"} | 2,921 | 99 | 0.486406 | 1.145883 | 0.58397 | 2.164948 | 27.257732 | 0.824742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Enhancement for Americas
Rural Towns Act'' or the ``HEART Act''.
SEC. 2. REFORM AND PERMANENT EXTENSION OF THE MEDICARE-DEPENDENT
HOSPITAL (MDH) PROGRAM.
(a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``, and before October 1,
2017'' and inserting ``before October 1, 2018'';
(2) in clause (i), by adding at the end the following;
``For fiscal year 2018 and each subsequent fiscal year, in the
case of such a subsection (d) hospital, payment under paragraph
(1)(A) shall be equal to the sum of the amount determined under
paragraph (1)(A)(iii) and the amount determined by the increase
factor determined under clause (v) for such hospital and cost
reporting period.'';
(3) in clause (ii)(II), by striking ``, and before October
1, 2017'' and inserting ``before October 1, 2018''; and
(4) by adding at the end the following new clauses:
``(v) Subject to subclause (II), for
purposes of clause (i), for fiscal year 2019
and each subsequent fiscal year with respect to
a subsection (d) hospital which is a medicare-
dependent, small rural hospital, the Secretary
shall determine an increase factor to apply to
such hospital with respect to discharges
occurring during such fiscal year. When
determining such increase factor, the Secretary
may take into account a methodology that
results in a similar amount of reimbursement to
such hospital for such fiscal year as such
amount that would have been determined if the
first sentence of clause (i) applied with
respect to such fiscal year.
``(vi) The aggregate amounts determined for
all subsection (d) hospitals which are
medicare-dependent, small rural hospitals by
application of the increase factors determined
under clause (v) for such hospitals shall not
exceed a total of--
``(I) for fiscal year 2019,
$100,000,000; and
``(II) for each subsequent fiscal
year, the amount specified in this
clause for the previous fiscal year
increased by the market basket
percentage increase (as defined in
subsection (b)(3)(B)(iii)) as
determined prospectively by the
Secretary for such subsequent fiscal
year.''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``, and before October 1, 2017'';
(B) in clause (iii), by striking at the end
``and'';
(C) in clause (iv)--
(i) by striking ``through fiscal year
2017'' and inserting ``through fiscal year
2018''; and
(ii) by striking the period at the end and
inserting ``, and''; and
(D) by adding at the end the following new clause:
``(v) with respect to discharges occurring
during fiscal year 2019 or a subsequent fiscal
year, the target amount for the preceding year
increased by the applicable percentage increase
under subparagraph (B)(iv) and adjusted as
determined necessary by the Secretary to take
into account the application of subsection
(d)(5)(G)(vi) for such fiscal year.''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal
year 2000 through fiscal year 2017'' and inserting ``a
subsequent fiscal year''.
SEC. 3. TEMPORARY EXTENSION OF THE MEDICARE LOW-VOLUME ADJUSTMENT
PROGRAM.
Section 1886(d)(12) of the Social Security Act (42 U.S.C.
1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``and for discharges occurring in fiscal year
2020 and subsequent fiscal years'';
(2) in subparagraph (C)(i)--
(A) by striking ``fiscal years 2011 through 2017''
each place it appears and inserting ``fiscal years 2011
through 2019''; and
(B) by striking ``or portion of fiscal year''; and
(3) in subparagraph (D)--
(A) in the heading, by striking ``Temporary
applicable percentage increase'' and inserting
``Applicable percentage increase beginning with fiscal
year 2011'';
(B) by striking ``fiscal years 2011 through 2017,''
and inserting ``fiscal years 2011 through 2019''; and
(C) by striking ``or the portion of fiscal year''
each place it appears.
SEC. 4. BUDGET NEUTRAL PAY-FOR.
For fiscal year 2018 and each subsequent fiscal year, the Secretary
of Health and Human Services shall adjust payments under section
1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) in a manner
such that the estimated aggregate amount of expenditures under such
section for such fiscal year with application of the amendments made by
sections 2 and 3 of this Act is equal to the estimated aggregate amount
of expenditures under such section for such fiscal year without
application of such amendments. | Healthcare Enhancement for Americas Rural Towns Act or the HEART Act This bill permanently extends and otherwise revises the Medicare-Dependent Hospital program (which provides increased payments to certain smaller, rural hospitals that serve a proportionally high number of Medicare patients). The bill also extends through FY 2019 the program for increased payments under Medicare for low-volume hospitals. | {"src": "billsum_train", "title": "Healthcare Enhancement for Americas Rural Towns Act"} | 1,297 | 117 | 0.497247 | 1.267651 | 0.525102 | 1.344828 | 19.396552 | 0.724138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Remedy for Persistent
Dumping Act of 2005''.
SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.
(a) Change in Persistent Dumping Procedures.--Section 732(a)(2) of
the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Initiation of expedited investigation.--An
expedited antidumping duty investigation shall be
initiated with respect to a particular class or kind of
merchandise that is subject to an existing antidumping
order within 20 days of the request of an interested
party described in subparagraph (C), (D), (E), (F), or
(G) of section 771(9), if the administering authority
determines, from information available to it, that
imports of such class or kind of merchandise have
increased materially from an additional supplier
country, as defined in subparagraph (C), during any 90-
day period or during a longer period as determined by
the administering authority to be appropriate. The
request shall allege and present supporting information
that such imports are occurring. The administering
authority, in making a determination under this
subparagraph, shall consider the public record of its
investigation of imports of merchandise subject to the
existing antidumping order.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Increased materially.--The administering
authority shall consider imports of merchandise from an
additional supplier country to have increased
materially if such imports have increased by 15 percent
or more over the amount of such imports during a period
of comparable duration preceding initiation of the
antidumping investigation of imports of merchandise
subject to the existing antidumping order.''; and
(3) by striking subparagraph (D) and inserting the
following:
``(D) Procedures and injury determinations for
expedited investigations.--
``(i) Except as provided in this
subparagraph, the provisions of subsections
(b)(3), (c)(4), (d), and (e) of this section,
section 733 (b), (d), and (e), section 734 (a),
(b), (c), (d), (e), (f), (i), (k), and (l), and
section 735 (a), (c), (d), and (e) shall apply
to expedited investigations under this
paragraph.
``(ii) The administering authority shall
issue a preliminary determination within 80
days of receiving a request for an
investigation under subparagraph (A).
``(iii)(I) Not later than 45 days after the
date on which the request under subparagraph
(A) is received by the administering authority,
the Commission shall determine if there is a
reasonable indication of material injury or
threat of material injury as prescribed in
section 733(a)(1).
``(II) The Commission shall make a
determination under this clause from reasonably
available information (including the public
record of its investigation of imports of
merchandise subject to the existing antidumping
order).
``(iv) If the Commission makes an
affirmative determination that there is a
reasonable indication of material injury and
the administering authority makes an
affirmative final determination, the Commission
shall make a final determination under section
735(b)(1) before the later of--
``(I) the 120th day after the day
on which the administering authority
makes its affirmative preliminary
determination under clause (ii); or
``(II) the 45th day after the day
on which the administering authority
makes its affirmative final
determination under section 735(a).
``(v) An affirmative final determination
shall not be made unless the Commission
determines pursuant to the factors described in
sections 735(b)(1) and 771(7) that an industry
in the United States is materially injured, or
threatened with material injury, by reason of
imports of the subject merchandise and that
imports of the subject merchandise are not
negligible.''.
SEC. 3. REIMBURSEMENT OF DUTIES.
Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2))
is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting a comma; and
(3) by adding at the end the following new subparagraphs:
``(C) an amount equal to the dumping margin
calculated under section 771(35)(A), unless the
producer or exporter is able to demonstrate that the
importer was in no way reimbursed for any antidumping
duties paid, and
``(D) an amount equal to the net countervailable
subsidy calculated under section 771(6), unless the
producer or exporter is able to demonstrate that the
importer was in no way reimbursed for any
countervailing duties paid.''.
SEC. 4. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico. | Expedited Remedy for Persistent Dumping Act of 2005 - Amends the Tariff Act of 1930 to revise requirements for monitoring cases of suspected persistent dumping to: (1) provide for an expedited antidumping investigation of merchandise from an additional supplier country if the Department of Commerce discerns imports of merchandise from the additional supplier country have increased by 15 percent or more during a period of 90 days or longer; and (2) establish Department of Commerce and International Trade Commission procedures and deadlines for making determinations as to whether or not dumping and injury have occurred.
Adds specific conditions for reducing the price used to establish export price or "constructed export price," meaning the amount at which the merchandise is first sold or agreed to be sold in the United States by or for the producer or exporter.
Applies this Act to Canada and Mexico under the North American Free Trade Agreement and the North American Free Trade Agreement Implementation Act. | {"src": "billsum_train", "title": "A bill to amend the Tariff Act of 1930 to provide for an expedited antidumping investigation when imports increase materially from new suppliers after an antidumping order has been issued, and to amend the provision relating to adjustments to export price and constructed export price."} | 1,215 | 199 | 0.600029 | 1.824491 | 0.737864 | 2.12069 | 6.252874 | 0.775862 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe, Efficient,
and Transparent Medical Device Approval Act'' or the ``SET Device
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of schedule and promulgation of regulation.
Sec. 4. Modification of de novo application process.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Under the Safe Medical Devices Act of 1990 (Public Law
101-629), Congress amended section 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360e) to require the Food and
Drug Administration to reclassify preamendment class III
devices to a lower class or to require them to go through the
premarket approval process.
(2) The Food and Drug Administration has not yet complied
with the mandate of Congress under such Act.
(3) The de novo process, created by the Food and Drug
Administration Modernization Act of 1997 (Public Law 105-115),
is an approval mechanism by which the Food and Drug
Administration may down-classify, to class I or class II,
devices that have no predicates and thus are designated class
III, but are deemed to be of low to moderate risk. The process
avoids having novel, low- to moderate-risk devices go through
the premarket approval process. Under the current de novo
process, the manufacturer must first make a submission under
section 510(k) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360), even if no known predicate device exists. A 2011
Institute of Medicine report found that, between 2005 and 2009,
review times for novel therapeutic devices through the de novo
process nearly tripled. The report concluded that the current
de novo process has not met its potential as an alternative
regulatory pathway, and recommended the establishment of a
modified de novo process.
SEC. 3. ESTABLISHMENT OF SCHEDULE AND PROMULGATION OF REGULATION.
(a) Establishment of Schedule.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), shall
establish the schedule referred to in section 515(i)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e(i)(3)) for each device
that the Secretary requires to remain in class III through a
determination under section 515(i)(2) of such Act.
(b) Action Regarding Class II and III.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall--
(1) issue a final regulation under section 515(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(b)) for
each device that the Secretary requires to remain in class III
through a determination under section 515(i)(2) of such Act;
and
(2) establish the special controls required by section
513(a)(1)(B) of such Act (21 U.S.C. 360c(a)(1)(B)) for each
device that is classified into class II pursuant to a
determination revising the classification of the device under
section 515(i)(2) of such Act.
SEC. 4. MODIFICATION OF DE NOVO APPLICATION PROCESS.
(a) In General.--Section 513(f)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360c(f)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) by amending subparagraph (A) to read as follows:
``(A) In the case of a type of device that has not previously been
classified under this Act, a person may do one of the following:
``(i) Submit a report under section 510(k), and, if the
device is classified into class III under paragraph (1), such
person may request, not later than 30 days after receiving
written notice of such a classification, the Secretary to
classify the device under the criteria set forth in
subparagraphs (A) through (C) of subsection (a)(1). The person
may, in the request, recommend to the Secretary a
classification for the device. Any such request shall describe
the device and provide detailed information and reasons for the
recommended classification.
``(ii) Submit a request for initial classification of the
device under this subparagraph, if the person declares that
there is no legally marketed device upon which to base a
substantial equivalence determination as that term is defined
in section 513(i). Subject to subparagraph (B), the Secretary
shall classify the device under the criteria set forth in
subparagraphs (A) through (C) of subsection (a)(1). The person
submitting the request for classification under this
subparagraph may recommend to the Secretary a classification
for the device and shall include in the request an initial
draft proposal for applicable special controls, as described in
subsection (a)(1)(B), that are necessary, in conjunction with
general controls, to provide reasonable assurance of safety and
effectiveness and a description of how the special controls
provide such assurance.'';
(3) by inserting after subparagraph (A) the following:
``(B) The Secretary may decline to undertake a classification
request submitted under clause (2)(A)(ii) if the Secretary identifies a
legally marketed device that could provide a reasonable basis for
review of substantial equivalence under paragraph (1), or when the
Secretary determines that the device submitted is not of low-moderate
risk.''; and
(4) in subparagraph (C), as so redesignated--
(A) in clause (i), by striking ``Not later than 60
days after the date of the submission of the request
under subparagraph (A),'' and inserting ``Not later
than 90 days after the date of the submission of the
request under subparagraph (A)(i) or 120 days after the
date of the submission of the request under
subparagraph (A)(ii),''; and
(B) in clause (ii), by inserting ``or is classified
in'' after ``remains in''.
(b) GAO Report.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
complete a study and submit to Congress a report on the effectiveness
of the review pathway under section 513(f)(2)(A) of the Federal Food,
Drug, and Cosmetic Act, as amended by this Act.
(c) Conforming Amendment.--Section 513(f)(1)(B) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)(1)(B)) is amended by
inserting ``a request under paragraph (2) or'' after ``response to''. | Safe, Efficient, and Transparent Medical Device Approval Act or the SET Device Act - Directs the Secretary of Health and Human Services (HHS), within 120 days of enactment of this Act, to establish the schedule for the promulgation of a regulation requiring premarket approval for a medical device that the Secretary requires to remain in class III.
Directs the Secretary, within 18 months, to: (1) issue a final regulation for each device that the Secretary requires to remain in class III, and (2) establish the required special controls for each device that is classified into class II pursuant to a determination revising such devise's classification.
Amends the Federal Food, Drug, and Cosmetic Act to permit a person to: (1) submit a request for initial classification of a device that has not previously been classified under such Act if the person declares that there is no legally marketed device upon which to base a substantial equivalence determination; and (2) recommend to the Secretary a classification for the device and include in the request an initial draft proposal for applicable special and general controls that are necessary to provide reasonable assurance of safety and effectiveness.
Permits the Secretary to decline to undertake a classification request if the Secretary identifies a legally marketed device that could provide a reasonable basis for review of substantial equivalence or if the Secretary determines that the device submitted is not of low-moderate risk. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to medical device regulation, and for other purposes."} | 1,618 | 313 | 0.592684 | 1.941338 | 0.738136 | 5.220149 | 5.235075 | 0.958955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Choice and Reproductive
Health Protection Act of 1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) reproductive rights are central to the ability of women
to exercise full enjoyment of rights secured to women by
Federal and State law;
(2) abortion has been a legal and constitutionally
protected medical procedure throughout the United States since
1973 and has become part of mainstream medical practice as is
evidenced by the positions of medical institutions including
the American Medical Association, the American College of
Obstetricians and Gynecologists, and the American Medical
Women's Association;
(3) the availability of abortion services is diminishing
throughout the United States, as evidenced by--
(A) the fact that 84 percent of counties in the
United States have no abortion provider; and
(B) the fact that between 1982 and 1992 the number
of abortion providers decreased in 45 States; and
(4) at a minimum, Congress must retain the following
policies, which currently preserve the choice and reproductive
health of women:
(A) Funding through the medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) for abortion services for victims of rape or
incest.
(B) Protection from clinic violence.
(C) Full implementation of contraceptive and
infertility research programs.
(D) Authorization of family planning programs.
(E) the prohibition of any gag rule on information
pertaining to reproductive medical services.
(F) The evaluation of the drug called Mifepristone
or RU-486.
(G) The establishment of breast cancer, cervical
cancer, and chlamydia screening programs in all 50
States.
(H) The fundamental right to choose, as stated in
the Supreme Court decision in Roe v. Wade, 410 U.S. 113
(1973).
(I) Fairness in insurance.
(J) The ability of military personnel overseas to
purchase abortion services at military facilities with
private funds.
SEC. 3. SENSE OF CONGRESS WITH RESPECT TO CERTAIN REPRODUCTIVE HEALTH
ISSUES.
(a) Rape and Incest Victim Protection.--It is the sense of Congress
that current provisions of law (in effect as of October 1, 1993)
requiring Federal and State governments to provide funding for abortion
services in cases of life endangerment, and for victims of rape or
incest, to women eligible for assistance through the medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) are
essential to the health and well-being of the women and must not be
repealed.
(b) Clinic Violence.--It is the sense of Congress that--
(1) Federal resources are necessary to ensure that women
have safe access to reproductive health facilities and that
health professionals can deliver services in a secure
environment free from violence and threats of force; and
(2) it is necessary and appropriate to use Federal
resources to combat the nationwide campaign of violence and
harassment against reproductive health centers.
(c) Preventive Health Measures Regarding Breast and Cervical
Cancer.--It is the sense of Congress that the program of grants under
title XV of the Public Health Service Act should receive a level of
funding that is adequate for all States to receive grants under such
title.
(d) Programs Regarding Contraception and Infertility.--
(1) Research centers.--It is the sense of Congress that the
program of research centers under section 452A of the Public
Health Service Act should receive a level of funding that is
adequate for a reasonable number of research centers to be
operated under the program.
(2) Loan repayment program regarding conduct of research.--
It is the sense of Congress that the program of loan-repayment
contracts under section 487B of the Public Health Service Act
should receive a level of funding that is adequate for a
reasonable number of individuals to conduct research under the
program.
SEC. 4. FAMILY PLANNING AMENDMENTS.
Section 1001(d) of the Public Health Service Act (42 U.S.C. 300(d))
is amended to read as follows:
``(d) For the purpose of grants and contracts under this section,
there are authorized to be appropriated $220,000,000 for fiscal year
1996, $250,000,000 for fiscal year 1997, and such sums as may be
necessary for each of fiscal years 1998 through 2000.''.
SEC. 5. FREEDOM OF FULL DISCLOSURE.
Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.)
is amended by adding at the end the following:
``SEC. 1107. INFORMATION ABOUT AVAILABILITY OF REPRODUCTIVE HEALTH CARE
SERVICES.
``(a) In General.--Notwithstanding any other provision of law, no
governmental authority shall, in or through any program or activity
that is administered or assisted by such authority and that provides
health care services or information, limit the right of any person to
provide, or the right of any person to receive, nonfraudulent
information about the availability of reproductive health care
services, including family planning, prenatal care, adoption, and
abortion services.
``(b) Definition.--As used in this section the term `governmental
authority' means any authority of the United States.''.
SEC. 6. FAIRNESS IN EVALUATION OF RU-486.
The Secretary of Health and Human Services shall--
(1) assure that the Food and Drug Administration evaluates
the drug called Mifepristone or RU-486 only on the basis
provided by law; and
(2) assess initiatives by which the Department of Health
and Human Services can promote the testing, licensing, and
manufacturing in the United States of the drug or other
antiprogestins.
SEC. 7. FREEDOM OF CHOICE.
(a) Findings.--Congress finds the following:
(1) The 1973 Supreme Court decision in Roe v. Wade, 410
U.S. 113 (1973) established constitutionally based limits on
the power of States to restrict the right of a woman to choose
to terminate a pregnancy. Under the strict scrutiny standard
enunciated in the Roe v. Wade decision, States were required to
demonstrate that laws restricting the right of a woman to
choose to terminate a pregnancy were the least restrictive
means available to achieve a compelling State interest. Since
1989, the Supreme Court has no longer applied the strict
scrutiny standard in reviewing challenges to the
constitutionality of State laws restricting such rights.
(2) As a result of the recent modification by the Supreme
Court of the strict scrutiny standard enunciated in the Roe v.
Wade decision, certain States have restricted the right of
women to choose to terminate a pregnancy or to utilize some
forms of contraception, and the restrictions operate
cumulatively to--
(A)(i) increase the number of illegal or medically
less safe abortions, often resulting in physical
impairment, loss of reproductive capacity, or death to
the women involved;
(ii) burden interstate and international commerce
by forcing women to travel from States in which legal
barriers render contraception or abortion unavailable
or unsafe to other States or foreign nations;
(iii) interfere with freedom of travel between and
among the various States;
(iv) burden the medical and economic resources of
States that continue to provide women with access to
safe and legal abortion; and
(v) interfere with the ability of medical
professionals to provide health services;
(B) obstruct access to and use of contraceptive and
other medical techniques that are part of interstate
and international commerce;
(C) discriminate between women who are able to
afford interstate and international travel and women
who are not, a disproportionate number of whom belong
to racial or ethnic minorities; and
(D) infringe on the ability of women to exercise
full enjoyment of rights secured to the women by
Federal and State law, both statutory and
constitutional.
(3) Although Congress may not by legislation create
constitutional rights, Congress may, where authorized by the
enumerated powers of Congress and not prohibited by a
constitutional provision, enact legislation to create and
secure statutory rights in areas of legitimate national
concern.
(4) Congress has the affirmative power under section 8 of
article I of the Constitution and under section 5 of the 14th
amendment to the Constitution to enact legislation to prohibit
State interference with interstate commerce, liberty, or equal
protection of the laws.
(b) Purpose.--The purpose of this section is to establish, as a
statutory matter, limitations on the power of a State to restrict the
freedom of a woman to terminate a pregnancy in order to achieve the
same limitations as were provided, as a constitutional matter, under
the strict scrutiny standard of review enunciated in the Roe v. Wade
decision and applied in subsequent cases from 1973 through 1988.
(c) In General.--A State--
(1) may not restrict the freedom of a woman to choose
whether or not to terminate a pregnancy before fetal viability;
(2) may restrict the freedom of a woman to choose whether
or not to terminate a pregnancy after fetal viability unless
such a termination is necessary to preserve the life or health
of the woman; and
(3) may impose requirements on the performance of abortion
procedures if such requirements are medically necessary to
protect the health of women undergoing such procedures.
(d) Rules of Construction.--Nothing in this section shall be
construed to--
(1) prevent a State from protecting unwilling individuals
or private health care institutions from being required to
participate in the performance of abortions to which the
individuals or institutions are conscientiously opposed;
(2) prevent a State from declining to pay for the
performance of abortions; or
(3) prevent a State from requiring a minor to involve a
parent, guardian, or other responsible adult before terminating
a pregnancy.
(e) Definition.--As used in this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico, and
each other territory or possession of the United States.
SEC. 8. FAIRNESS IN INSURANCE.
Notwithstanding any other provision of law, no Federal law shall be
construed to prohibit a provider of health insurance from offering
coverage for the full range of reproductive health care services,
including abortion services.
SEC. 9. ABORTIONS IN FACILITIES OF THE UNIFORMED SERVICES NOT
PROHIBITED IF NOT FEDERALLY FUNDED.
Section 1093 of title 10, United States Code, is amended--
(1) by inserting ``(a) Limitation.--'' before ``Funds'';
and
(2) by adding at the end the following:
``(b) Abortions in Facilities Overseas.--Subsection (a) does not
limit the performing of an abortion in a facility of the uniformed
services located outside the 48 contiguous States of the United States
if--
``(1) the cost of performing the abortion is fully paid
from a source or sources other than funds available to the
Department of Defense;
``(2) abortions are not prohibited by the laws of the
jurisdiction where the facility is located; and
``(3) the abortion would otherwise be permitted under the
laws applicable to the provision of health care to members and
former members of the uniformed services and their dependents
in such facility.''. | Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance through the Medicaid program are essential to their health; (2) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program.
Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs.
Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services.
Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services.
Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met. | {"src": "billsum_train", "title": "Women's Choice and Reproductive Health Protection Act of 1995"} | 2,511 | 479 | 0.599168 | 1.947317 | 0.774302 | 5.981352 | 5.32634 | 0.941725 |
SECTION 1. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY
INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
the sum of the amounts received during the taxable year by an
individual as--
``(1) dividends from domestic corporations, or
``(2) interest.
``(b) Certain Dividends Excluded.--Subsection (a)(1) shall not
apply to any dividend from a corporation which, for the taxable year of
the corporation in which the distribution is made, or for the next
preceding taxable year of the corporation, is a corporation exempt from
tax under section 501 (relating to certain charitable, etc.,
organization) or section 521 (relating to farmers' cooperative
associations).
``(c) Special Rules.--For purposes of this section--
``(1) Distributions from regulated investment companies and
real estate investment trusts.--Subsection (a) shall apply with
respect to distributions by--
``(A) regulated investment companies to the extent
provided in section 854(c), and
``(B) real estate investment trusts to the extent
provided in section 857(c).
``(2) Distributions by a trust.--For purposes of subsection
(a), the amount of dividends and interest properly allocable to
a beneficiary under section 652 or 662 shall be deemed to have
been received by the beneficiary ratably on the same date that
the dividends and interest were received by the estate or
trust.
``(3) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only--
``(A) in determining the tax imposed for the
taxable year pursuant to section 871(b)(1) and only in
respect of dividends and interest which are effectively
connected with the conduct of a trade or business
within the United States, or
``(B) in determining the tax imposed for the
taxable year pursuant to section 877(b).''
(b) Clerical and Conforming Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. Exclusion of dividends and
interest received by
individuals.''
(2) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period at the end thereof the
following: ``, or to purchase or carry obligations or shares,
or to make deposits, to the extent the interest thereon is
excludable from gross income under section 116''.
(3) Subsection (c) of section 584 of such Code is amended
by adding at the end thereof the following new sentence:
``The proportionate share of each participant in the amount of
dividends or interest received by the common trust fund and to which
section 116 applies shall be considered for purposes of such section as
having been received by such participant.''
(4) Subsection (a) of section 643 of such Code is amended
by inserting after paragraph (6) the following new paragraph:
``(7) Dividends or interest.--There shall be included the
amount of any dividends or interest excluded from gross income
pursuant to section 116.''
(5) Section 854 of such Code is amended by adding at the
end thereof the following new subsection:
``(c) Treatment Under Section 116.--
``(1) In general.--For purposes of section 116, in the case
of any dividend (other than a dividend described in subsection
(a)) received from a regulated investment company which meets
the requirements of section 852 for the taxable year in which
it paid the dividend--
``(A) the entire amount of such dividend shall be
treated as a dividend if the aggregate dividends and
interest received by such company during the taxable
year equal or exceed 75 percent of its gross income, or
``(B) if subparagraph (A) does not apply, a portion
of such dividend shall be treated as a dividend (and a
portion of such dividend shall be treated as interest)
based on the portion of the company's gross income
which consists of aggregate dividends or aggregate
interest, as the case may be.
For purposes of the preceding sentence, gross income and
aggregate interest received shall each be reduced by so much of
the deduction allowable by section 163 for the taxable year as
does not exceed aggregate interest received for the taxable
year.
``(2) Notice to shareholders.--The amount of any
distribution by a regulated investment company which may be
taken into account as a dividend for purposes of the exclusion
under section 116 shall not exceed the amount so designated by
the company in a written notice to its shareholders mailed not
later than 45 days after the close of its taxable year.
``(3) Definitions.--For purposes of this subsection--
``(A) The term `gross income' does not include gain
from the sale or other disposition of stock or
securities.
``(B) The term `aggregate dividends received'
includes only dividends received from domestic
corporations other than dividends described in section
116(b)(2). In determining the amount of any dividend
for purposes of this subparagraph, the rules provided
in section 116(c)(1) (relating to certain
distributions) shall apply.''
(6) Subsection (c) of section 857 of such Code is amended
to read as follows:
``(c) Limitations Applicable to Dividends Received From Real Estate
Investment Trusts.--
``(1) In general.--For purposes of section 116 (relating to
an exclusion for dividends and interest received by
individuals) and section 243 (relating to deductions for
dividends received by corporations), a dividend received from a
real estate investment trust which meets the requirements of
this part shall not be considered as a dividend.
``(2) Treatment as interest.--In the case of a dividend
(other than a capital gain dividend, as defined in subsection
(b)(3)(C)) received from a real estate investment trust which
meets the requirements of this part for the taxable year in
which it paid the dividend--
``(A) such dividend shall be treated as interest if
the aggregate interest received by the real estate
investment trust for the taxable year equals or exceeds
75 percent of its gross income, or
``(B) if subparagraph (A) does not apply, the
portion of such dividend which bears the same ratio to
the amount of such dividend as the aggregate interest
received bears to gross income shall be treated as
interest.
``(3) Adjustments to gross income and aggregate interest
received.--For purposes of paragraph (2)--
``(A) gross income does not include the net capital
gain,
``(B) gross income and aggregate interest received
shall each be reduced by so much of the deduction
allowable by section 163 for the taxable year (other
than for interest on mortgages on real property owned
by the real estate investment trust) as does not exceed
aggregate interest received by the taxable year, and
``(C) gross income shall be reduced by the sum of
the taxes imposed by paragraphs (4), (5), and (6) of
section 857(b).
``(4) Notice to shareholders.--The amount of any
distribution by a real estate investment trust which may be
taken into account as interest for purposes of the exclusion
under section 116 shall not exceed the amount so designated by
the trust in a written notice to its shareholders mailed not
later than 45 days after the close of its taxable year.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to exclude from an individual's gross income: (1) dividends received from domestic corporations; and (2) interest. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exclusion for all dividends and interest received by individuals."} | 1,811 | 30 | 0.525418 | 1.132452 | 0.387396 | 2.333333 | 55.066667 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Private Vocational
Partnership Act of 2003''.
SEC. 2. DONATIONS TO HIGH SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL
EDUCATION PURPOSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. DONATIONS TO HIGH SCHOOLS AND COMMUNITY COLLEGES FOR
VOCATIONAL EDUCATION PURPOSES.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation (as defined in section 170(e)(4)(D)), the vocational
education donation credit determined under this section for the taxable
year is an amount equal to the sum of--
``(1) 90 percent of the fair market value of qualified
property donations made during the taxable year, plus
``(2) the aggregate of the intern credit amounts.
``(b) Limitations.--
``(1) Qualified property donations.--The amount allowed as
a credit under subsection (a)(1) shall not exceed $50,000.
``(2) Intern credit amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a)(2) with respect to a qualified
intern shall be the amount equal to $100 multiplied by
the number of months during the taxable year in which
the intern was an employee of the taxpayer.
``(B) Aggregate per intern credit amounts.--The
aggregate amount allowed to the taxpayer as a credit
under subsection (a)(2) for the taxable year shall not
exceed $6,000.
``(c) Qualified Property Donations.--For purposes of this section,
the term `qualified property donations' means a charitable contribution
(as defined in section 170(c)) of tangible personal property if--
``(1) the contribution is to an educational organization
described in section 170(b)(1)(A)(ii) which is a high school or
community college,
``(2) substantially all of the use of the property by the
donee is for use within the United States for educational
purposes that are related to the purpose or function of the
donee,
``(3) the property is not transferred by the donee in
exchange for money, other property, or services, except for
shipping, installation and transfer costs,
``(4) the property will fit productively into the donee's
education plan,
``(5) the donee's use and disposition of the property will
be in accordance with the provisions of paragraphs (2), (3),
and (4), and
``(6) the property meets such standards, if any, as the
Secretary may prescribe by regulation to assure that the
property meets minimum functionality and suitability standards
for educational purposes.
``(d) Qualified Intern.--For purposes of this section--
``(1) In general.--The term `qualified intern' means an
individual--
``(A) who is enrolled full-time as a student in a
high school or community college, and
``(B) who is employed for not more than 20 hours
per week by the taxpayer as part of a vocational
education course approved by such school or college.
``(2) High school.--The term `high school' means any school
which provides secondary education in grades 9 through 12, as
determined under State law, and which offers a program of
education in vocational education.
``(3) Community college.--The term `community college'
means a public or nonprofit private postsecondary regionally
accredited institution that provides not less than a 2-year
program of instruction that is acceptable for full credit
toward a bachelor's degree at an accredited institution and
whose highest degree offered is predominantly the associate
degree.
``(e) Aggregation Rule.--For purposes of subsection (b), all
persons treated as a single employer under subsection (a) or (b) of
section 52 or subsection (n) or (o) of section 414 shall be treated as
one person.
``(f) Coordination With Section 170(b).--The limitation which would
(but for this subsection) apply under section 170(b) for any taxable
year shall be reduced (but not below zero) by the fair market value of
property taken into account in determining the credit allowed under
subsection (a)(1) for such year.''.
(b) Credit To Be Part of General Business Credit.--
(1) Subsection (b) of section 38 of such Code (relating to
general business credit) is amended by striking ``plus'' at the
end of paragraph (14), by striking the period at the end of
paragraph (15) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(16) in the case of a corporation (as defined in section
170(e)(4)(D)), the vocational education donation credit
determined under section 45G(a).''.
(2) Section 39(d) of such Code (relating to transition rules) is
amended by adding at the end the following new paragraph:
``(11) No carryback of vocational education donation credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the
vocational education donation credit determined under section
45G may be carried to a taxable year beginning before January
1, 2003.''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(d) Vocational Education Donations.--The deduction otherwise
allowed for amounts taken into account under section 45G shall be
reduced by the amount of the credit determined under section 45G(a)
with respect to such amounts.''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45F the following new
item:
``Sec. 45G. Donations to high schools and community colleges for
vocational education purposes.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Public Private Vocational Partnership Act of 2003 - Amends the Internal Revenue Code to allow a limited business credit for charitable contributions of tangible personal property to high schools and community colleges. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business credit for donations for vocational educational purposes."} | 1,428 | 40 | 0.473492 | 1.029523 | 0.989535 | 3.121212 | 39.090909 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Victims Crime Prevention
Act of 1995''.
SEC. 2. PREVENTION OF FRAUD FOLLOWING MAJOR DISASTERS.
(a) In General.--Title III of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is
amended--
(1) by redesignating sections 315 through 321 as sections
316 through 322, respectively; and
(2) by inserting after section 314 the following:
``SEC. 315. PREVENTION OF FRAUD FOLLOWING MAJOR DISASTERS.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `agreement', with respect to the
provision of a consumer good or service, includes an offer or
undertaking to provide or arrange for the provision of the
consumer good or service without regard to whether an
enforceable contract is entered into.
``(2) Consumer good or service.--The term `consumer good or
service' means a good, piece of equipment, or service provided
primarily for personal, family, or household purposes,
including food, water, ice, a chemical, a building supply, a
tool, a petroleum product, a residential lease property, a
residential construction, reconstruction, or repair service, or
a service for the removal of debris (including a damaged tree)
and garbage.
``(3) Provide.--The term `provide', with respect to a
consumer good or service, means to sell, lease, or otherwise
provide in exchange for consideration, the good or service.
``(4) Supplier.--The term `supplier' includes a seller,
reseller, wholesaler, distributor, retailer, lessor, provider,
or licensed or unlicensed contractor, subcontractor, or
laborer, involved in the provision or distribution of a
consumer good or service.
``(b) Establishment of Anti-Fraud Strike Forces.--Following the
declaration of the existence of a major disaster by the President, the
Attorney General shall--
``(1) consult with the United States Attorney for the
district in which the disaster occurred and with State and
local law enforcement officials to determine the extent to
which victims of the disaster are being further victimized by
fraudulent or otherwise unscrupulous activities of suppliers
offering consumer goods and services for the cleanup, repair,
and other recovery from the effects of the disaster; and
``(2) if it appears that the extent of the activities
referred to in paragraph (1) is such that the resources of the
officials are not sufficient to quickly and adequately
investigate and prosecute the activities, establish an anti-
fraud task force of investigators and prosecutors to combat the
activities in the area affected by the disaster.
``(c) Fraud Involving Disaster Victims.--
``(1) Suppliers of consumer goods and services.--
``(A) Offense.--During the period beginning on the
date the existence of a major disaster is declared by
the President and ending 180 days after that date, and
within the area to which the declaration applies, a
supplier who by false pretenses, by the making of a
representation that the supplier knows, or has reason
to know, is false or misleading, or through fraudulent
conduct, obtains money or any other thing of value in
connection with an agreement to provide a consumer good
or service for the cleanup, repair, or other recovery
from the effects of a major disaster shall be punished
as provided in subparagraph (B).
``(B) Penalty.--A supplier who commits an offense
described in subparagraph (A) shall be imprisoned not
more than 10 years or fined under title 18, United
States Code, or both.
``(C) Presumptions.--For the purposes of
subparagraph (A), a supplier shall be considered to
obtain money or another thing of value by false
pretenses if--
``(i)(I) the supplier uses the money or
other thing of value for any purpose other than
to--
``(aa) purchase materials to be
used in carrying out the agreement;
``(bb) pay for work performed or
other expenses incurred in connection
with the agreement; or
``(cc) pay for a proportionate
share of the overhead and profit of the
supplier; and
``(II) the person with whom the agreement
was made has not authorized, in writing, the
use of the money or other thing of value for a
purpose other than a purpose described in item
(aa), (bb), or (cc) of subclause (I); or
``(ii) in the case of an agreement to
provide or arrange for the provision of a
residential construction, reconstruction, or
repair service, or a service for the removal of
debris (including a damaged tree) and garbage--
``(I) the supplier receives more
than 10 percent of the money or other
thing of value under the agreement for
the service and fails to--
``(aa) apply for each
permit necessary to carry out
the agreement by the date that
is 30 days after the date of
the receipt of the money or
thing of value; or
``(bb) start carrying out
the construction,
reconstruction, repair, or
removal by the date that is 90
days after the last necessary
permit is obtained; and
``(II) the person with whom the
agreement was made has not authorized,
in writing, a longer time period than
the applicable period described in
subclause (I).
``(2) Beneficiaries of federal assistance.--
``(A) Offense.--A person who by false pretenses, by
the making of a representation that the supplier knows,
or has reason to know, is false or misleading, or
through fraudulent conduct, obtains a grant or loan of
money, a consumer good or service, or any other form of
assistance, directly or indirectly, from the Federal
Government for use in connection with the cleanup,
repair, or other recovery from the effects of a major
disaster shall be punished as provided in subparagraph
(B).
``(B) Penalty.--A person who commits an offense
described in subparagraph (A) shall be imprisoned not
more than 10 years or fined under title 18, United
States Code, or both.
``(d) Price-Gouging of Disaster Victims.--
``(1) Offense.--
``(A) In general.--During the period beginning on
the date the existence of a major disaster is declared
by the President and ending 180 days after that date,
and within the area to which the declaration applies,
it shall be unlawful for a supplier to provide, or to
offer to provide, any consumer good or service at an
unconscionably excessive price (as determined under
subparagraph (B)).
``(B) Determination of unconscionably excessive
price.--
``(i) In general.--For the purpose of
subparagraph (A), whether a price is
unconscionably excessive shall be a question of
law for a court to determine. There shall be
considered to be prima facie evidence that a
price is unconscionably excessive if--
``(I)(aa) the amount charged
represents a gross disparity between
the price of the consumer good or
service that is the subject of the
transaction and the average price at
which the consumer good or service was
provided, or offered to be provided, by
the supplier in the ordinary course of
business during the 30-day period
immediately prior to the declaration of
the existence of the disaster; or
``(bb) the amount charged grossly
exceeds the average price at which the
same or similar consumer goods or
services were readily obtainable by
consumers in the trade area during
the 30-day period immediately prior to the declaration of the existence
of the disaster; and
``(II) subject to clause (ii), the
amount by which the amount charged
exceeds the average price referred to
in subclause (I) is not attributable to
increased costs incurred by the
supplier in connection with the
provision of the consumer good or
service.
``(ii) Determination of increased costs of
supplier.--In determining the increased costs
incurred by a supplier under clause (i)(II), an
increase in the replacement cost to the
supplier of a good may not be taken into
account unless the supplier has no reasonable
assurance of recouping the increased
replacement cost in a subsequent sale involving
the good.
``(2) Enforcement.--
``(A) Penalty.--A supplier who knowingly violates
paragraph (1) shall be imprisoned not more than 1 year
or fined not more than $10,000, or both. In addition, a
court may require disgorgement of any gain unlawfully
acquired and restitution to any injured party.
``(B) Actions by victims.--A person, Federal
agency, State, or local government that suffers loss or
damage as a result of a violation of paragraph (1) may
bring an action against a supplier in a district court
of the United States for treble damages, disgorgement,
special or punitive damages, reasonable attorney's
fees, costs and expenses of suit, and any other
appropriate legal or equitable relief, including
injunctive relief.
``(C) Actions by state attorneys general.--An
attorney general of a State, or other authorized State
official, may bring a civil action in the name of the
State, on behalf of persons residing in the State, in a
district court of the United States that has
jurisdiction over the defendant for treble damages,
disgorgement, special or punitive damages, reasonable
attorney's fees, costs and expenses of suit, and any
other appropriate legal or equitable relief, including
injunctive relief.
``(3) No preemption.--Nothing in this subsection preempts
State law.
``(e) Provision of Fraud Prevention Information.--The Director of
the Federal Emergency Management Agency shall--
``(1) in consultation with the Attorney General, the
Administrator of the Small Business Administration, State
attorneys general, and other State officials with
responsibility for fraud prevention, develop public information
materials to assist victims of major disasters in detecting and
avoiding suppliers who attempt to obtain money or other things
of value from the victims in exchange for fraudulent or
otherwise unscrupulous offers of consumer goods or services for
the cleanup, repair, and other recovery from the effects of the
disasters; and
``(2) provide for the distribution of the materials
developed under paragraph (1) to the victims of each major
disaster as soon as practicable after the declaration of the
existence of the disaster by the President.''.
(b) Commission of Offense Following a Major Disaster To Be
Considered an Aggravating Factor.--The United States Sentencing
Commission, in the exercise of the authority of the Commission under
section 994 of title 28, United States Code, shall review and, if
necessary, amend the sentencing guidelines promulgated under the
section to provide that the commission of an offense under section
1341, 1343, or 2314 of title 18, United States Code, in connection with
the provision of a consumer good or service (as defined in section
315(a)(2) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (as amended by subsection (a)(2))) for the cleanup,
repair, or other recovery from the effects of a major disaster declared
by the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be an
aggravating factor that may result in the imposition of a sentence that
is twice as great as a sentence that would otherwise be imposed. | Disaster Victims Crime Prevention Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Attorney General, following the declaration of a major disaster by the President: (1) to consult with the appropriate U.S. Attorney and State and local law enforcement officials to determine the extent to which victims of the disaster are being further victimized by fraudulent or otherwise unscrupulous activities of suppliers offering consumer goods and services for the cleanup, repair, and other recovery from the effects of the disaster (cleanup); and (2) if it appears that resources of such officials are insufficient, to establish an anti-fraud task force to quickly and adequately investigate and prosecute the activities.
Sets penalties to be imposed against: (1) any supplier who, during the 180 days following declaration of a major disaster, obtains anything of value through false pretenses or fraudulent conduct in connection with an agreement to provide a consumer good or service for the cleanup; (2) any person who obtains through false pretenses any form of Government assistance for the cleanup; and (3) any supplier who provides or offers to provide during such period any consumer good or service at an unconscionably excessive price, based on a specified formula (and authorizes actions by victims and by State attorneys general for relief).
Requires the Director of the Federal Emergency Management Agency to: (1) develop public information materials to assist victims of major disasters in detecting and avoiding unscrupulous suppliers; and (2) provide for the distribution of such materials to the victims of each major disaster as soon as practicable after the President's declaration of the existence of the disaster.
Directs the United States Sentencing Commission to review and, if necessary, amend the sentencing guidelines to make the commission of specified offenses in connection with the provision of a consumer good or service for the cleanup an aggravating factor that may result in the imposition of a sentence twice as great as that which would otherwise be imposed. | {"src": "billsum_train", "title": "Disaster Victims Crime Prevention Act of 1995"} | 2,596 | 418 | 0.598924 | 1.985795 | 0.734342 | 4.410526 | 6.326316 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border and Port Security Act''.
SEC. 2. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign not fewer
than 500 new officers above the level as of September 30 of the
immediately preceding fiscal year until the total number of officers
equals the requirements identified each year in the Workload Staffing
Model developed by the Commissioner.
(b) Agricultural Specialists.--The Commissioner of U.S. Customs and
Border Protection shall every fiscal year hire, train, and assign not
fewer than 100 new agricultural specialists above the level as of
September 30 of the immediately preceding fiscal year until the total
number of officers equals the requirements identified each year in the
Agriculture Resource Allocation Model developed by the Commissioner.
(c) Investigators.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign 30 new full-
time investigators within the Office of Professional Responsibility of
U.S. Customs and Border Protection until the total number of
investigators enables the Office to fulfill its mission proportionate
to the number of new personnel hired in accordance with subsections (a)
and (b).
(d) Support Staff.--The Commissioner of U.S. Customs and Border
Protection is authorized to hire, train, and assign support staff,
including technicians, to perform non-law enforcement administrative
functions to support the new officers hired pursuant to subsection (a).
(e) Traffic Forecasts.--In calculating the number of officers
needed at each land, air, and maritime port of entry through the
Workload Staffing Model, the Office of Field Operations of U.S. Customs
and Border Protection shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information.
(f) Amendment.--Subparagraph (A) of section 411(g)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
(1) by striking ``model'' and inserting ``models'';
(2) by inserting ``agricultural specialists,'' before ``and
support personnel''; and
(3) by inserting before the period at the end the
following: ``, and information concerning the progress made
toward meeting officer, agriculture specialist, and support
staff hiring targets, while accounting for attrition''.
(g) GAO Report.--If by September 30, 2020, the Commissioner of U.S.
Customs and Border Protection has not hired at least 500 additional
officers authorized under subsection (a) or at least 50 additional
agriculture specialists authorized under subsection (b), and in any
subsequent fiscal year in which the staffing levels specified in the
Workload Staffing Model or Agriculture Resource Allocation Model for
the Office of Field Operations have not been achieved, the Comptroller
General of the United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring policies and processes to identify factors contributing
to such levels not being achieved and any other issues related
to hiring by U.S. Customs and Border Protection;
(2) consider attrition levels within the Office of Field
Operations to identify associated factors contributing to
attrition within the workforce of such Office; and
(3) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that describes
the results of the review and consideration under paragraphs
(1) and (2), respectively, and that contains recommendations to
enhance the likelihood of achieving such staffing levels.
SEC. 3. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to detect, interdict, disrupt, and prevent fentanyl,
other synthetic opioids, and other narcotics and psychoactive
substances and associated contraband from entering the United
States, including a description of circumstances in which
effective technology in use at certain ports of entry cannot be
implemented at other ports of entry;
(2) detection equipment that would improve the ability of
such officers to identify such drugs and other dangers that are
being illegally transported into the United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$82,775,000 in fiscal year 2018 and $93,095,000 for each of the fiscal
years 2019 through 2024. | Border and Port Security Act This bill requires U.S. Customs and Border Protection (CBP), every fiscal year, to hire, train, and assign at least 500 new officers above the level as of September 30 of the immediately preceding fiscal year until the total number of officers equals the requirements identified each year in the Workload Staffing Model developed by the CBP. The CBP shall, every fiscal year, hire, train, and assign specified levels of new agricultural specialists, full-time investigators within its Office of Professional Responsibility, and support staff, including technicians, to perform non-law enforcement administrative functions. In calculating the number of officers needed at each port of entry through the Workload Staffing Model, the Office of Field Operations of the CBP shall: (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information. The bill amends the Homeland Security Act of 2002 to require CBP's annual report on staffing to include information on how many agricultural specialists are assigned to each field office and port of entry and information concerning the progress made toward meeting officer, agricultural specialist, and support staff hiring targets, while accounting for attrition. The CBP must also report on infrastructure and equipment needed to prevent the illegal transportation of opioids and other drugs through U.S. ports of entry. | {"src": "billsum_train", "title": "Border and Port Security Act"} | 1,135 | 307 | 0.751055 | 2.252753 | 0.923304 | 5.558719 | 3.626335 | 0.918149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2017''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall develop a comprehensive policy to
provide HIV testing, treatment, and prevention for inmates within the
correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive medical treatment to inmates
who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to other persons in the community following their release from
prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, the Office of National AIDS Policy, and
the Centers for Disease Control regarding the development of this
policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy not later than 1 year after the date of the
enactment of this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Health care personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Health care personnel need not provide
routine HIV testing to an inmate who is transferred to
a facility from another facility if the inmate's
medical records are transferred with the inmate and
indicate that the inmate has been tested previously.)
(B) To all inmates admitted to a facility prior to
the effective date of this policy, health care
personnel shall provide routine HIV testing within no
more than 6 months. HIV testing for these inmates may
be performed in conjunction with other health services
provided to these inmates by health care personnel.
(C) All HIV tests under this paragraph shall comply
with the opt-out provision.
(2) Pre-test and post-test counseling.--Health care
personnel shall provide confidential pre-test and post-test
counseling to all inmates who are tested for HIV. Counseling
may be included with other general health counseling provided
to inmates by health care personnel.
(3) HIV/AIDS prevention education.--
(A) Health care personnel shall improve HIV/AIDS
awareness through frequent educational programs for all
inmates. HIV/AIDS educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators.
(B) HIV/AIDS educational materials shall be made
available to all inmates at orientation, at health care
clinics, at regular educational programs, and prior to
release. Both written and audio-visual materials shall
be made available to all inmates.
(C)(i) The HIV/AIDS educational programs and
materials under this paragraph shall include
information on--
(I) modes of transmission, including
transmission through tattooing, sexual contact,
and intravenous drug use;
(II) prevention methods;
(III) treatment; and
(IV) disease progression.
(ii) The programs and materials shall be culturally
sensitive, written or designed for low literacy levels,
available in a variety of languages, and present
scientifically accurate information in a clear and
understandable manner.
(4) HIV testing upon request.--
(A) Health care personnel shall allow inmates to
obtain HIV tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV. Health care personnel shall, both
orally and in writing, inform inmates, during
orientation and periodically throughout incarceration,
of their right to obtain HIV tests.
(B) Health care personnel shall encourage inmates
to request HIV tests if the inmate is sexually active,
has been raped, uses intravenous drugs, receives a
tattoo, or if the inmate is concerned that the inmate
may have been exposed to HIV/AIDS.
(C) An inmate's request for an HIV test shall not
be considered an indication that the inmate has put
him/herself at risk of infection and/or committed a
violation of prison rules.
(5) HIV testing of pregnant women.--
(A) Health care personnel shall provide routine HIV
testing to all inmates who become pregnant.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(6) Comprehensive treatment.--
(A) Health care personnel shall provide all inmates
who test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Health care provided under this paragraph shall
be consistent with current Department of Health and
Human Services guidelines and standard medical
practice. Health care personnel shall discuss treatment
options, the importance of adherence to antiretroviral
therapy, and the side effects of medications with
inmates receiving treatment.
(C) Health care personnel and pharmacy personnel
shall ensure that the facility formulary contains all
Food and Drug Administration-approved medications
necessary to provide comprehensive treatment for
inmates living with HIV/AIDS, and that the facility
maintains adequate supplies of such medications to meet
inmates' medical needs. Health care personnel and
pharmacy personnel shall also develop and implement
automatic renewal systems for these medications to
prevent interruptions in care.
(D) Correctional staff, health care personnel, and
pharmacy personnel shall develop and implement
distribution procedures to ensure timely and
confidential access to medications.
(7) Protection of confidentiality.--
(A) Health care personnel shall develop and
implement procedures to ensure the confidentiality of
inmate tests, diagnoses, and treatment. Health care
personnel and correctional staff shall receive regular
training on the implementation of these procedures.
Penalties for violations of inmate confidentiality by
health care personnel or correctional staff shall be
specified and strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential setting where other routine
health services are provided and in a manner that
allows the inmate to request and obtain these services
as routine medical services.
(8) Testing, counseling, and referral prior to reentry.--
(A) Health care personnel shall provide routine HIV
testing to all inmates no more than 3 months prior to
their release and reentry into the community. (Inmates
who are already known to be infected need not be tested
again.) This requirement may be waived if an inmate's
release occurs without sufficient notice to the Bureau
to allow health care personnel to perform a routine HIV
test and notify the inmate of the results.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(C) To all inmates who test positive for HIV and
all inmates who already are known to have HIV/AIDS,
health care personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community;
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs, including voluntary partner notification
services and prevention counseling services for
people living with HIV/AIDS; and
(iii) a 30-day supply of any medically
necessary medications the inmate is currently
receiving.
(9) Opt-out provision.--Inmates shall have the right to
refuse routine HIV testing. Inmates shall be informed both
orally and in writing of this right. Oral and written
disclosure of this right may be included with other general
health information and counseling provided to inmates by health
care personnel. If an inmate refuses a routine test for HIV,
health care personnel shall make a note of the inmate's refusal
in the inmate's confidential medical records. However, the
inmate's refusal shall not be considered a violation of prison
rules or result in disciplinary action. Any reference in this
section to the ``opt-out provision'' shall be deemed a
reference to the requirement of this paragraph.
(10) Exclusion of tests performed under section 4014(b)
from the definition of routine hiv testing.--HIV testing of an
inmate under section 4014(b) of title 18, United States Code,
is not routine HIV testing for the purposes of the opt-out
provision. Health care personnel shall document the reason for
testing under section 4014(b) of title 18, United States Code,
in the inmate's confidential medical records.
(11) Timely notification of test results.--Health care
personnel shall provide timely notification to inmates of the
results of HIV tests.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines.''.
(b) Inadmissibility of HIV Test Results in Civil and Criminal
Proceedings.--Section 4014(d) of title 18, United States Code, is
amended by inserting ``or under the Stop AIDS in Prison Act of 2017''
after ``under this section''.
(c) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Hepatitis and Other Diseases.--Not later than 1 year
after the date of the enactment of this Act, the Bureau shall provide a
report to the Congress on Bureau policies and procedures to provide
testing, treatment, and prevention education programs for hepatitis and
other diseases transmitted through sexual activity and intravenous drug
use. The Bureau shall consult with appropriate officials of the
Department of Health and Human Services, the Office of National Drug
Control Policy, the Office of National AIDS Policy, and the Centers for
Disease Control regarding the development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
hepatitis, and other diseases transmitted through
sexual activity and intravenous drug use; and
(B) updates on Bureau testing, treatment, and
prevention education programs for these diseases.
(3) Matters pertaining to hiv/aids only.--Reports under
paragraph (1) shall also include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested under
section 4014(b) of title 18, United States Code; and
(F) the number of inmates under treatment for HIV/
AIDS.
(4) Consultation.--The Bureau shall consult with
appropriate officials of the Department of Health and Human
Services, the Office of National Drug Control Policy, the
Office of National AIDS Policy, and the Centers for Disease
Control regarding the development of reports under paragraph
(1). | Stop AIDS in Prison Act of 2017 This bill directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for federal inmates in prison and upon reentry. It amends the federal criminal code: to require an HIV test for each convicted federal offender sentenced to prison for any length of time regardless of risk factors, unless the individual declines; to make the HIV test part of the routine health screening conducted at intake; and to require a pre-release HIV test, unless the individual declines. | {"src": "billsum_train", "title": "Stop AIDS in Prison Act of 2017"} | 2,697 | 120 | 0.573797 | 1.459035 | 0.604075 | 3.009709 | 24.990291 | 0.834951 |
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