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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tumacacori Highlands Wilderness
Act''.
SEC. 2. EXPANSION OF PAJARITA WILDERNESS, CORONADO NATIONAL FOREST,
ARIZONA.
(a) Expansion.--Section 101(a)(17) of the Arizona Wilderness Act of
1984 (Public Law 98-406; 98 Stat. 1487; 16 U.S.C. 1132 note) is amended
by inserting after ``1984,'' the following: ``and which comprise
approximately 13,300 acres, as generally depicted on a map entitled
`Proposed Tumacacori Highlands Wilderness and Pajarita Wilderness
Addition' and dated February 18, 2009,''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
submit a copy of the map referred to in the amendment made by
subsection (a) and a legal description of the National Forest System
land included in the Pajarita Wilderness by the amendment with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives. The map
and legal description shall have the same force and effect as if
included in the Arizona Wilderness Act of 1984, except that the
Secretary may correct clerical and typographical errors in the map and
legal description. The map and legal description shall be on file and
available for public inspection in the appropriate offices of the
Forest Service.
SEC. 3. DESIGNATION OF TUMACACORI HIGHLANDS WILDERNESS, CORONADO
NATIONAL FOREST, ARIZONA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands in the Coronado National
Forest, Arizona, which comprise approximately 70,000 acres, as
generally depicted on a map entitled ``Proposed Tumacacori Highlands
Wilderness and Pajarita Wilderness Addition'' and dated February 18,
2009, are hereby designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System, which shall
be known as the ``Tumacacori Highlands Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
submit a copy of the map referred to in subsection (a) and a legal
description of the Tumacacori Highlands Wilderness with the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives. The map and legal
description shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and typographical
errors in the map and legal description. The map and legal description
shall be on file and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) Covered Wilderness Areas.--In this section, the term ``covered
wilderness area'' means--
(1) the National Forest System land included in the
Pajarita Wilderness by the amendment made by section 2(a); and
(2) the Tumacacori Highlands Wilderness designated by
section 3(a).
(b) Administration.--The Secretary of Agriculture shall manage the
covered wilderness area in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this section, except that, with respect to a
covered wilderness area, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of the enactment of this Act.
(c) Valid Existing Rights.--Nothing in this section shall affect
any valid existing right.
(d) Buffer Zones.--As provided in section 101(d) of the Arizona
Wilderness Act of 1984 (Public Law 98-406; 98 Stat. 1488), Congress
does not intend that designation of a covered wilderness area lead to
the creation of protective perimeters or buffer zones around the
covered wilderness area. The fact that nonwilderness activities or uses
can be seen or heard from areas within a covered wilderness area shall
not, of itself, preclude such activities or uses up to the boundary of
the covered wilderness area.
(e) Grazing.--Grazing of livestock and maintenance of existing
facilities related to grazing in a covered wilderness area, where
established before the date of the enactment of this Act, shall be
permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in House Report 96-617 to
accompany H.R. 5487 of the 96th Congress.
(f) Hunting, Fish and Wildlife.--
(1) Hunting.--Nothing in this section or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall affect hunting, under applicable
State and Federal laws and regulations, within a covered
wilderness area.
(2) Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section
or the Wilderness Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Arizona with
respect to fish and wildlife in the State.
(3) Wildlife management.--Management activities to maintain
or restore fish and wildlife populations and the habitats to
support such populations may be carried out within a covered
wilderness area, where consistent with the Wilderness Act (16
U.S.C. 1131 et seq.) and other applicable laws.
(4) Cooperative agreement.--The Secretary shall enter into
a cooperative agreement with the State of Arizona for
management of fish and wildlife within a covered wilderness
area. The cooperative agreement shall specify the terms and
conditions under which the State or a designee of the State may
use wildlife management activities in a covered wilderness area
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.),
and other applicable laws.
(g) Protection of Tribal Rights.--Nothing in this section shall be
construed to diminish the existing rights of any Indian tribe. Nothing
in this section shall be construed to diminish tribal rights regarding
access to Federal lands for tribal activities, including spiritual,
cultural, and traditional food gathering activities.
(h) Military Activities.--Nothing in this section shall preclude
low level overflights of military aircraft, the designation of new
units of special airspace, or the use or establishment of military
flight training routes over a covered wilderness area.
(i) Border Enforcement and Drug Interdiction.--Because of the
proximity of the covered wilderness areas to the United States-Mexico
international border, drug interdiction and border enforcement
operations are common management actions throughout the area
encompassing the covered wilderness areas. This Act recognizes the need
to continue such management actions so long as such management actions
are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and existing inter-agency agreements.
(j) Maintenance of Existing Communications Facilities.--The
provisions of the Wilderness Act shall not be construed to prevent--
(1) the maintenance of communications facilities, in
existence on the date of the enactment of this Act and located
in a covered wilderness area; or
(2) limited motorized access to such facilities when
nonmotorized access means are not reasonably available or when
time is of the essence, subject to such conditions as the
Secretary of Agriculture considers to be desirable. | Tumacacori Highlands Wilderness Act - Amends the Arizona Wilderness Act of 1984 to include certain land in Pajarita Wilderness in Coronado National Forest.
Designates certain lands, in Arizona, in the Coronado National Forest as wilderness and as a component of the National Wilderness Preservation System, to be known as the "Tumacacori Highlands Wilderness." | {"src": "billsum_train", "title": "To expand the Pajarita Wilderness and designate the Tumacacori Highlands Wilderness in Coronado National Forest, Arizona, and for other purposes."} | 1,770 | 93 | 0.651206 | 1.741133 | 0.829335 | 3.245902 | 23.655738 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virgin Islands Visa Waiver Act of
2012''.
SEC. 2. VIRGIN ISLANDS VISA WAIVER PROGRAM.
(a) In General.--Section 212(l) of the Immigration and Nationality
Act (8 U.S.C. 1182(l)) is amended--
(1) by amending the subsection heading to read as follows:
``Guam, Northern Mariana Islands, and Virgin Islands Visa
Waiver Programs.--''; and
(2) by adding at the end the following:
``(7) Virgin islands visa waiver program.--
``(A) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien who is a national of
a country described in subparagraph (B) and who is
applying for admission as a nonimmigrant visitor for
business or pleasure and solely for entry into and stay
in the United States Virgin Islands for a period not to
exceed 30 days, if the Secretary of Homeland Security,
after consultation with the Secretary of the Interior,
the Secretary of State, the Governor of the United
States Virgin Islands, determines that such a waiver
does not represent a threat to the welfare, safety, or
security of the United States or its territories and
commonwealths.
``(B) Countries.--A country described in this
subparagraph is a country that--
``(i) is a member or an associate member of
the Caribbean Community (CARICOM); and
``(ii) is listed in the regulations
described in subparagraph (D).
``(C) Alien waiver of rights.--An alien may not be
provided a waiver under this paragraph unless the alien
has waived any right--
``(i) to review or appeal under this Act an
immigration officer's determination as to the
admissibility of the alien at the port of entry
into the United States Virgin Islands; or
``(ii) to contest, other than on the basis
of an application for withholding of removal
under section 241(b)(3) of this Act or under
the Convention Against Torture, or an
application for asylum if permitted under
section 208, any action for removal of the
alien.
``(D) Regulations.--All necessary regulations to
implement this paragraph shall be promulgated by the
Secretary of Homeland Security, in consultation with
the Secretary of the Interior and the Secretary of
State, on or before the 60th day after the date of
enactment of the Virgin Islands Visa Waiver Act of
2012. The promulgation of such regulations shall be
considered a foreign affairs function for purposes of
section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not
necessarily be limited to--
``(i) a listing of all member or associate
member countries of the Caribbean Community
(CARICOM) whose nationals may obtain the waiver
provided by this paragraph, except that such
regulations shall not provide for a listing of
any country if the Secretary of Homeland
Security determines that such country's
inclusion on such list would represent a threat
to the welfare, safety, or security of the
United States or its territories and
commonwealths; and
``(ii) any bonding requirements for
nationals of some or all of those countries who
may present an increased risk of overstays or
other potential problems, if different from
such requirements otherwise provided by law for
nonimmigrant visitors.
``(E) Factors.--In determining whether to grant or
continue providing the waiver under this paragraph to
nationals of any country, the Secretary of Homeland
Security, in consultation with the Secretary of the
Interior and the Secretary of State, shall consider all
factors that the Secretary deems relevant, including
electronic travel authorizations, procedures for
reporting lost and stolen passports, repatriation of
aliens, rates of refusal for nonimmigrant visitor
visas, overstays, exit systems, and information
exchange.
``(F) Suspension.--The Secretary of Homeland
Security shall monitor the admission of nonimmigrant
visitors to the United States Virgin Islands under this
paragraph. If the Secretary determines that such
admissions have resulted in an unacceptable number of
visitors from a country remaining unlawfully in the
United States Virgin Islands, unlawfully obtaining
entry to other parts of the United States, or seeking
withholding of removal or asylum, or that visitors from
a country pose a risk to law enforcement or security
interests of the United States Virgin Islands or of the
United States (including the interest in the
enforcement of the immigration laws of the United
States), the Secretary shall suspend the admission of
nationals of such country under this paragraph. The
Secretary of Homeland Security may in the Secretary's
discretion suspend the United States Virgin Islands
visa waiver program at any time, on a country-by-
country basis, for other good cause.
``(G) Addition of countries.--The Governor of the
United States Virgin Islands may request the Secretary
of the Interior and the Secretary of Homeland Security
to add a particular country to the list of countries
whose nationals may obtain the waiver provided by this
paragraph, and the Secretary of Homeland Security may
grant such request after consultation with the
Secretary of the Interior and the Secretary of State,
and may promulgate regulations with respect to the
inclusion of that country and any special requirements
the Secretary of Homeland Security, in the Secretary's
sole discretion, may impose prior to allowing nationals
of that country to obtain the waiver provided by this
paragraph.''.
(b) Conforming Amendments.--
(1) Documentation requirements.--Section 212(a)(7)(iii) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(iii))
is amended to read as follows:
``(iii) Special visa waiver programs.--For
a provision authorizing waiver of clause (i) in
the case of visitors to Guam, the Commonwealth
of the Northern Mariana Islands, or the United
States Virgin Islands, see subsection (l).''.
(2) Admission of nonimmigrants.--Section 214(a)(1) of such
Act (8 U.S.C. 1184(a)(1)) is amended by inserting before the
final sentence the following: ``No alien admitted to the United
States Virgin Islands without a visa pursuant to section
212(l)(7) may be authorized to enter or stay in the United
States other than in United States Virgin Islands or to remain
in the United States Virgin Islands for a period exceeding 30
days from date of admission to the United States Virgin
Islands.''. | Virgin Islands Visa Waiver Act of 2012 - Amends the Immigration and Nationality Act to establish a visa waiver program for the United States Virgin Islands for a national of a country that is a member or an associate member of the Caribbean Community (CARICOM) listed in regulations under this Act and who is applying for admission as a nonimmigrant business or pleasure visitor solely for entry into and stay in the United States Virgin Islands for not more than 30 days, if the Secretary of Homeland Security (DHS) determines that such waiver does not represent a threat to the welfare or security of the United States or its territories and commonwealths.
Directs the Secretary to suspend the admission of nationals of a country if such admissions have resulted in an unacceptable number of visitors remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from such country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States.
Authorizes the Secretary to suspend the program at any time, on a country-by-country basis, for other good cause.
Provides for the addition of program countries. | {"src": "billsum_train", "title": "To establish a visa waiver program for the United States Virgin Islands."} | 1,478 | 271 | 0.693952 | 1.953155 | 0.857206 | 5.711207 | 5.689655 | 0.969828 |
SECTION 1. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO
RENEWABLE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing Practices Act
(15 U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE
FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Renewable fuel.--The term `renewable fuel' means any
fuel--
``(A) at least 85 percent of the volume of which
consists of ethanol; or
``(B) any mixture of biodiesel or renewable diesel
(as defined in regulations adopted pursuant to section
211(o) of the Clean Air Act (40 C.F.R., Part 80)) and
diesel fuel, determined without regard to any use of
kerosene and containing at least 10 percent biodiesel
or renewable diesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a
franchisor relating to terms or conditions of the sale
of fuel by a franchisee.
``(b) Prohibitions.--
``(1) In general.--Notwithstanding any provision of a
franchise-related document in effect on the date of enactment
of this section, no franchisee or affiliate of a franchisee
shall be restricted by its franchisor from--
``(A) installing on the marketing premises of the
franchisee a renewable fuel pump or tank, except that
the franchisee's franchisor may restrict the
installation of a tank on leased marketing premises of
such franchisor;
``(B) converting an existing tank or pump on the
marketing premises of the franchisee for renewable fuel
use, so long as such tank or pump and the piping
connecting them are either warranted by the
manufacturer or certified by a recognized standards
setting organization to be suitable for use with such
renewable fuel;
``(C) advertising (including through the use of
signage) the sale of any renewable fuel;
``(D) selling renewable fuel in any specified area
on the marketing premises of the franchisee (including
any area in which a name or logo of a franchisor or any
other entity appears);
``(E) purchasing renewable fuel from sources other
than the franchisor if the franchisor does not offer
its own renewable fuel for sale by the franchisee;
``(F) listing renewable fuel availability or
prices, including on service station signs, fuel
dispensers, or light poles; or
``(G) allowing for payment of renewable fuel with a
credit card,
so long as such activities do not constitute willful
adulteration, mislabeling, or misbranding of motor fuels or
other trademark violations by the franchisee.
``(2) Effect of provision.--Any restriction described in
paragraph (1) that is contained in a franchise-related document
and in effect on the date of enactment of this section shall be
considered to be null and void as of that date.
``(c) Exception to 3-Grade Requirement.--No franchise-related
document that requires that 3 grades of gasoline be sold by the
applicable franchisee shall prevent the franchisee from selling an
renewable fuel in lieu of 1, and only 1, grade of gasoline.''.
(b) Enforcement.--Section 105 of the Petroleum Marketing Practices
Act (15 U.S.C. 2805) is amended by striking ``102 or 103'' each place
it appears and inserting ``102, 103, or 107''.
(c) Conforming Amendments.--
(1) In general.--Section 101(13) of the Petroleum Marketing
Practices Act (15 U.S.C. 2801(13)) is amended by adjusting the
indentation of subparagraph (C) appropriately.
(2) Table of contents.--The table of contents of the
Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is
amended--
(A) by inserting after the item relating to section
106 the following:
``Sec. 107. Prohibition on restriction of installation of renewable
fuel pumps.'';
and
(B) by striking the item relating to section 202
and inserting the following:
``Sec. 202. Automotive fuel rating testing and disclosure
requirements.''.
SEC. 2. REPLACING CORN AS AN ETHANOL FEEDSTOCK.
(a) Research and Development Program.--The Secretary of Energy
shall establish a program to make grants of not to exceed $1,000,000
each to no more than 10 universities for a 3-year program of
demonstration of replacing corn as an ethanol feedstock with sweet
sorghum.
(b) Program Goals.--The goals of the program under this section
shall be to--
(1) enhance agronomic efficiency of the crop on marginal
lands by--
(A) developing best management practices for
maintaining high sorghum yields while using less water
and nitrogen than corn;
(B) identifying and selecting plants with a high
sugar content; and
(C) developing cold tolerant sweet sorghum
varieties to enable two crops to be grown per season;
(2) enhance ethanol processing potential in the crop by--
(A) developing a robust technology for centralized
and ethanol production facilities that pair high-
performing sweet sorghum lines with different yeasts to
produce the best process for converting sweet sorghum
juice into ethanol;
(B) conducting process and chemical analyses of
sweet sorghum sap fermentation;
(C) introducing cellulosic hydrolyzing enzymes into
sweet sorghum to promote biomass conversion; and
(D) performing life-cycle analysis of sweet
sorghum-ethanol, including energy yield, efficiency,
and greenhouse gas reduction;
(3) establish a sweet sorghum production system optimized
for the region of the university conducting the research;
(4) improve sweet sorghum lines with higher sugar
production and performance with minimal agricultural inputs;
(5) optimize sugar fermentation using selected yeast
strains;
(6) develop sweet sorghum lines with improved cold
tolerance and cellulosic degradation; and
(7) develop agricultural models for predicting agricultural
performance and ethanol yield under various growing conditions.
(c) Award Criteria.--The Secretary shall award grants under this
section only to universities that--
(1) have access to multiple lines of sweet sorghum for
research; and
(2) are located in a State where sweet sorghum is
anticipated to grow well on marginal lands.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section
$10,000,000.
SEC. 3. CLOSED LOOP ETHANOL PROJECT LOAN GUARANTEES.
(a) Clean Air Act Amendments.--Section 212 of the Clean Air Act (42
U.S.C. 7546) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(B) by inserting before paragraph (2), as so
redesignated by subparagraph (A) of this paragraph, the
following new paragraph:
``(1) Closed loop ethanol.--The term `closed loop ethanol'
means a facility in which--
``(A) solid and liquid waste is collected from
agricultural animals in a concentrated location
together with cellulosic and other bio mass from
agricultural crops;
``(B) such waste is used to generate fuel;
``(C) such fuel is used to produce ethanol at the
same location; and
``(D) the need for fossil fuel in the production of
ethanol and the drying of distillers grains is
reasonably expected to be at least 90 percent less than
in a comparably sized traditional ethanol facility
powered by fossil fuel.'';
(2) in subsection (b)(1), by inserting ``, including closed
loop ethanol projects'' after ``sucrose-derived ethanol'';
(3) in subsection (b)(2)(A), by striking ``not more than
4''; and
(4) in subsection (b)(5), by inserting ``, or at least 10
percent in the case of closed loop ethanol facilities'' after
``total project cost''.
(b) Loan Guarantee Program Amendments.--Section 1510 of the Energy
Policy Act of 2005 (42 U.S.C. 16501) is amended--
(1) in subsection (b), by striking ``for the construction
of facilities'' and inserting ``, and Federal, State, and
locally issued industrial revenue bonds in the case of closed
loop ethanol facilities, for the construction of facilities,
including closed loop ethanol facilities,''; and
(2) in subsection (e), by inserting ``, or not more than 30
years in the case of closed loop ethanol facilities'' after
``20 years''.
SEC. 4. MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY
CREDIT.
(a) Increase in Credit Amount.--Section 30C of the Internal Revenue
Code of 1986 (relating to alternative fuel vehicle refueling property
credit) is amended--
(1) by striking ``30 percent'' in subsection (a) and
inserting ``50 percent'', and
(2) by striking ``$30,000'' in subsection (b)(1) and
inserting ``$50,000''.
(b) Extension of Credit.--Subsection (g) section 30C of such Code
(relating to termination) is amended to read as follows:
``(g) Termination of Availability of Credit.--This section shall
not apply to property placed in service after December 31, 2014.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 5. REFUELING PROPERTY FOR BIODIESEL AND RENEWABLE BIODIESEL.
(a) In General.--Paragraph (1) of section 179A(e) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (E), by striking the period at the end of subparagraph (F)
and inserting ``, and'', and by inserting after subparagraph (F) the
following new subparagraph:
``(G) any mixture of diesel fuel (as defined in
section 4083(a)(3)), determined without regard to any
use of kerosene, at least 10 percent of which is 1 or
more of the following: biodiesel or renewable
biodiesel, as such terms are defined in section 40A.''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 6. INCREASE IN CREDIT FOR RESEARCH RELATING TO ALTERNATIVE AND
RENEWABLE ENERGY PROCESSES.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Increase in Credit Amount for Research Relating to
Alternative and Renewable Energy Processes.--
``(1) In general.--In the case of any expense or payment
relating to a qualified resource--
``(A) subsection (a) shall be applied by
substituting `40 percent' for `10 percent' each place
it occurs,
``(B) subsection (c)(4) shall be applied by
substituting `6 percent' for `3 percent' in
subparagraph (A)(i), `8 percent' for `4 percent' in
subparagraph (A)(ii), and `10 percent' for `5 percent'
in subparagraph (A)(iii),
``(C) subsection (c)(5) shall be applied by
substituting `24 percent' for `12 percent' in
subparagraph (A) and `12 percent' for `6 percent' in
subparagraph (B)(ii), and
``(D) such expense or payment shall be taken into
account for purposes of this section after taking into
account expenses and payments which do not relate to a
qualified resource.
``(2) Qualified resource.--For purposes of paragraph (1),
the term `qualified resource' means--
``(A) any clean-burning fuel (as defined in section
179A(e)(1), other than diesel fuel), and
``(B) any closed-loop system, including any
anaerobic digester.''.
(b) Allowance Against Alternative Minimum Tax.--Subparagraph (B) of
section 38(c)(4) of such Code is amended by striking ``and'' at the end
of clause (i), by striking the period at the end of clause (ii) and
inserting ``, and'', and by inserting after clause (ii) the following
new clause:
``(iii) the credit determined under section
41 to the extent that such credit is
attributable to the increase for research
relating to alternative and renewable energy
processes under subsection (h) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007. | Amends the Petroleum Marketing Practices Act to prohibit a franchisor from restricting a franchisee from: (1) installing on the marketing premises a renewable fuel pump or tank; (2) converting an existing tank or pump for renewable fuel use; (3) advertising the sale of renewable fuel; (4) selling renewable fuel; (5) purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee; (6) listing renewable fuel availability or prices; or (7) allowing for payment of renewable fuel with a credit card. Allows such franchisee activities so long as they do not constitute willful adulteration, mislabeling, or misbranding of motor fuels or other trademark violations.
Instructs the Secretary of Energy to establish a grants program for universities to demonstrate replacing corn as an ethanol feedstock with sweet sorghum.
Amends the Clean Air Act and the Energy Policy Act of 2005 to provide for loan guarantees for closed loop ethanol commercial demonstration projects.
Amends the Internal Revenue Code to: (1) increase and extend the alternative fuel vehicle refueling property credit; (2) make refueling property for biodiesel and renewable biodiesel eligible for the income tax deduction for clean-fuel vehicles and certain refueling property; and (3) increase the credit amount for research relating to alternative and renewable energy processes. | {"src": "billsum_train", "title": "To promote the production and use of ethanol."} | 3,093 | 300 | 0.632256 | 1.939158 | 0.838228 | 3.996139 | 10.258687 | 0.930502 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the Presidio, located amidst the incomparable scenic
splendor of the Golden Gate, is one of America's great natural
and historic sites;
(2) the Presidio is the oldest continuously operating
military post in the Nation dating from 1776, and was
designated as National Historic Landmark in 1962;
(3) preservation of the cultural and historic integrity of
the Presidio for public use recognizes its significant role in
the history of the United States;
(4) the Presidio, in its entirety, is a part of the Golden
Gate National Recreation Area, in accordance with Public Law
92-589;
(5) as part of the Golden Gate National Recreation Area,
the Presidio's outstanding natural, historic, scenic, cultural,
and recreational resources must be managed in a manner which is
consistent with sound principles of land use planning and
management, and which protects the Presidio from development
and uses which would destroy the scenic beauty and historic and
natural character of the area; and
(6) the Presidio will be managed through an innovative
public/private partnership that minimizes cost to the United
States Treasury and makes efficient use of private sector
resources that could be utilized in the public interest.
SEC. 2. INTERIM LEASING AUTHORITY.
The Secretary of the Interior (hereinafter in this Act referred to
as the ``Secretary'') is authorized to negotiate and enter into leases,
at fair market rental and without regard to section 321 of chapter 314
of the Act of June 30, 1932 (40 U.S.C. 303b), for all or part of the
Presidio of San Francisco that is under the administrative jurisdiction
of the Secretary until such time as the property concerned is
transferred to the administrative jurisdiction of the Presidio Trust.
Notwithstanding sections 1341 and 3302 of title 31 of the United States
Code, the proceeds from any such lease shall be retained by the
Secretary and used for the preservation, restoration, operation and
maintenance, improvement, repair and related expenses incurred with
respect to Presidio properties. For purposes of any such lease, the
Secretary may adjust the rental by taking into account any amounts to
be expended by the lessee for preservation, maintenance, restoration,
improvement, repair and related expenses with respect to properties
within the Presidio.
SEC. 3. THE PRESIDIO TRUST.
(a) Establishment.--There is established a body corporate within
the Department of the Interior to be known as the Presidio Trust
(hereinafter in this Act referred to as the ``Trust'').
(b) Transfer.--(1) The Secretary shall transfer to the
administrative jurisdiction of the Trust those areas commonly known as
the Letterman/LAIR complex, Fort Scott, Main Post, Cavalry Stables,
Presidio Hill, Wherry Housing, East Housing, the structures at Crissy
Field, roads, utilities or other infrastructure servicing the
properties and such other properties that the Secretary deems
appropriate, as depicted on the map referred to in this subsection. The
Trust and the Secretary shall agree on the use and occupancy of
buildings and facilities necessary to house and support activities of
the National Park Service at the Presidio.
(2) Within 60 days after enactment of this section, the Secretary
shall prepare a map identifying properties to be conveyed to the Trust.
(3) The transfer for administrative jurisdiction shall occur within
60 days after appointments are made to the board of Directors.
(4) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, all leases, concessions,
licenses, permits, programmatic agreements and other agreements
affecting such property and any revenues and unobligated funds
associated with such leases, concessions, licenses, permits, and
agreements.
(c) Board of Directors.--
(1) In general.--The powers and management of the Trust
shall be vested in a Board of Directors consisting of the
following 5 members:
(A) The Secretary of the Interior or the
Secretary's designee.
(B) 4 individuals, who are not employees of the
Federal Government, appointed by the President, who
shall possess extensive knowledge and experience in one
or more of the fields of city planning, finance, and
real estate. At least 3 of these individuals shall
reside in the region in which the Presidio is located.
(2) Terms.--The President shall make the appointments
referred to in subparagraph (B) of paragraph (1) within 90 days
and in such a manner as to ensure staggered 4-year terms. Any
vacancy under subparagraph (B) of paragraph (1) shall be filled
in the same manner in which the original appointment was made,
and any member appointed to fill a vacancy shall serve for the
remainder of the term for which his or her predecessor was
appointed. No appointed director may serve more than 8 years in
consecutive terms. No member of the Board of Directors may have
a financial interest in any tenant of the Presidio.
(3) Organization and compensation.--The Board shall
organize itself in such a manner as it deems most appropriate
to effectively carry out the authorized activities of the
Trust. Board members shall serve without pay, but may be
reimbursed for the actual and necessary travel and subsistence
expenses incurred by them in the performance of the duties of
the Trust.
(4) Liability of directors.--Members of the Board of
Directors shall not be considered Federal employees by virtue
of their membership on the Board, except for purposes of the
Federal Tort Claims Act.
(5) Public liaison.--The Board shall establish procedures
whereby liaison with the public, through the Golden Gate
National Recreation Area Advisory Commission, and the National
Park Service, shall be maintained.
(d) Duties and Authorities.--In accordance with the purposes set
forth in this Act and in section 1 of the Act entitled ``An Act to
establish the Golden Gate National Recreation Area in the State of
California, and for other purposes'', approved October 27, 1972 (Public
Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), the Trust shall manage the
leasing, maintenance, rehabilitation, repair and improvement of
property within the Presidio which is under its administrative
jurisdiction. The Trust may participate in the development of programs
and activities at the properties that have been transferred to the
Trust. In exercising its powers and duties, the Trust shall act in
accordance with both the approved General Management Plan, as amended,
for the Presidio (hereinafter in this Act referred to as the ``Plan'')
and shall have the following authorities:
(1) The Trust is authorized to manage, lease, maintain,
rehabilitate and improve, either directly or by agreement,
those properties within the Presidio which are transferred to
the Trust by the Secretary.
(2)(A) The Trust is authorized to negotiate and enter into
such agreements, leases, contracts and other arrangements with
any person, firm, association, organization, corporation or
governmental entity, including without limitation entities of
Federal, State and local governments (except any agreement to
convey fee title to any property located at the Presidio) as
are necessary and appropriate to finance and carry out its
authorized activities. Agreements under this paragraph may be
entered into without regard to section 321 of the Act of June
30, 1992 (40 U.S.C. 303b).
(B) Except as provided in subparagraphs (C), (D), and (E),
Federal laws and regulations governing procurement by Federal
agencies shall apply to the Trust.
(C) The Secretary may authorize the Trust, in exercising
authority under section 303(g) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 253(g)) relating
to simplified purchase procedures, to use as the dollar limit
of each purchase or contract under this subsection an amount
which does not exceed $500,000.
(D) The Secretary may authorize the Trust, in carrying out
the requirement of section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) to furnish the Secretary
of Commerce for publication notices of proposed procurement
actions, to use as the applicable dollar threshold for each
expected procurement an amount which does not exceed
$1,000,000.
(E) The Trust shall establish procedures for lease
agreements and other agreements for use and occupancy of
Presidio facilities, including a requirement that in entering
into such agreements the Trust shall obtain such competition as
is practicable in the circumstances.
(3) The Trust is authorized to appoint and fix the
compensation and duties of an executive director and such other
officers and employees as it deems necessary without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may pay them without regard to the
provisions of chapter 51, and subchapter III of chapter 53, title 5,
United States Code (relating to classification and General Schedule pay
rates).
(4) To augment or encourage the use of non-Federal funds to
finance capital improvements on Presidio properties transferred
to its jurisdiction, the Trust, in addition to its other
authorities, shall have the following authorities:
(A) The authority to guarantee any lender against
loss of principle or interest on any construction loan,
provided that (i) the terms of the guarantee are
approved by the Secretary of the Treasury, (ii)
adequate guarantee authority is provided in
appropriations Acts, and (iii) such guarantees are
structured so as to minimize potential cost to the
Federal Government.
(B) The authority, subject to available
appropriations, to make loans to the occupants of
property managed by the Trust for the preservation,
restoration, maintenance, or repair of such property.
(C) The authority to issue obligations to the
Secretary of the Treasury, but only if the Secretary of
the Treasury agrees to purchase such obligations after
determining that the projects to be funded from the
proceeds thereof are credit worthy and that a repayment
schedule is established. The Secretary of the Treasury
is authorized to use as a public debt transaction the
proceeds from the sale of any securities issued under
chapter 31 of title 31, United States Code, and the
purposes for which securities may be issued under such
chapter are extended to include any purchase of such
notes or obligations acquired by the Secretary of the
Treasury under this subsection. The aggregate amount of
obligations issued under this subparagraph which are
outstanding at any one time may not exceed
$150,000,000. Obligations issued under this
subparagraph shall be in such forms and denominations,
bearing such maturities, and subject to such terms and
conditions, as may be prescribed by the Secretary of
the Treasury, and shall bear interest at a rate
determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of
comparable maturities. No funds appropriated to the
Trust may be used for repayment of principle or
interest on, or redemption of, obligations issued under
this paragraph. All obligations purchased under
authority of this subparagraph must be authorized in
advance in appropriations Acts.
(D) The Trust shall be deemed to be a public agency
for the purpose of entering into joint exercise of
powers agreements pursuant to California government
code section 6500 and following.
(5) The Trust may solicit and accept donations of funds,
property, supplies, or services from individuals, foundations,
corporations and other private or public entities for the
purpose of carrying out its duties. The Trust shall maintain
philanthropic liaison with the Golden Gate National Park
Association, the fund raising association for the Golden Gate
National Recreation Area.
(6) All proceeds received by the Trust shall be retained by
the Trust without further appropriation and used to offset the
costs of administration, preservation, restoration, operation,
maintenance, repair and related expenses incurred by the Trust
with respect to such properties under its jurisdiction. Upon
the request of the Trust, the Secretary of the Treasury shall
invest excess moneys of the Trust in public debt securities
with maturities suitable to the needs of the Trust.
(7) The Trust may sue and be sued in its own name to the
same extent as the Federal Government. Litigation arising out
of the activities of the Trust shall be conducted by the
Attorney General, as needed; the Trust may retain private
attorneys to provide advice and counsel.
(8) The Trust shall have all necessary and proper powers
for the exercise of the authorities invested in it.
(9) For the purpose of compliance with applicable laws and
regulations concerning properties transferred to the Trust by
the Secretary, the Trust shall negotiate directly with
regulatory authorities.
(e) Insurance.--The Trust shall procure insurance against any loss
in connection with the properties managed by it or its authorized
activities as is reasonable and customary.
(f) Building Code Compliance.--The Trust shall ensure that all
properties under its jurisdiction are brought into compliance with all
applicable Federal building codes and regulations within 10 years after
the enactment of this Act.
(g) Taxes.--The Trust shall be exempt from all taxes and special
assessments of every kind in the State of California, and its political
subdivisions, including the city and county of San Francisco to the
same extent as the Secretary.
(h) Financial Information and Report.--(1) Financial statements of
the Trust shall be audited annually in accordance with section 9105 of
title 31 of the United States Code.
(2) At the end of each calendar year, the Trust shall submit to the
Secretary and the Congress a comprehensive and detailed report of its
operations, activities, and accomplishments for the prior fiscal year.
The report also shall include a section that describes in general terms
the Trust's goals for the current fiscal year.
(i) Savings Clause.--Nothing in this section shall preclude the
Secretary from exercising any of the Secretary's lawful powers within
the Presidio.
(j) Leasing.--In managing and leasing the properties transferred to
it, the Trust should consider the extent to which prospective tenants
maximize the contribution to the implementation of the General
Management Plan and to the generation of revenues to offset costs of
the Presidio. The Trust shall give priority to the following categories
of tenants: tenants that enhance the financial viability of the
Presidio thereby contributing to the preservation of the scenic beauty
and natural character of the area; tenants that facilitate the cost-
effective preservation of historic buildings through their reuse of
such buildings, or tenants that promote through their activities the
general programmatic content of the plan.
(k) Reversion.--In the event of failure or default, all interests
and assets of the Trust shall revert to the United States to be
administered by the Secretary.
(l) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the activities
of the Trust.
(m) Separability of Provisions.--If any provisions of this Act or
the application thereof to any body, agency, situation, or circumstance
is held invalid, the remainder of the Act and the application of such
provision to other bodies, agencies, situations, or circumstances shall
not be affected thereby. | Establishes within the Department of the Interior the Presidio Trust. Directs the Secretary of the Interior to transfer to the administrative jurisdiction of the Trust specified areas of the Presidio military complex. Establishes a board of directors to manage the Trust. Requires the Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of Presidio property under its jurisdiction. Provides related Trust authorities. Requires Trust financial statements to be audited annually. Requires the Trust to report annually to the Secretary and the Congress on its operations, activities, and accomplishments during the prior fiscal year. Authorizes appropriations to carry out Trust activities. | {"src": "billsum_train", "title": "A bill to provide for the administration of certain Presidio properties at minimal cost to the Federal taxpayer."} | 3,151 | 142 | 0.475869 | 1.321031 | 0.717745 | 2.867769 | 25.53719 | 0.867769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Innovator and
Repurposing Act''.
SEC. 2. EXTENSION OF PATENT TERM FOR METHOD OF USING BIOLOGICAL
PRODUCT.
(a) Extension for Regulatory Delay.--The term of a patent claiming
a method of using a biological product shall be extended for 5 years
from the original expiration date of the patent, which shall include
any patent term adjustment granted under section 154(b) of title 35,
United States Code, if--
(1) an application for an extension is submitted by the
owner of record of the patent or its agent in accordance with
the requirements of subsection (b); and
(2) the term of the patent--
(A) has not expired before the application is so
submitted; and
(B) has not been extended under subsection (c) of
this section or section 156 of title 35, United States
Code.
(b) Application for Extension.--To obtain an extension of the term
of a patent under this section, the owner of record of the patent or
its agent shall submit an application to the Director. The application
shall contain--
(1) the identity of the biological product;
(2) the identity of the patent for which an extension is
being sought and the identity of each claim of such patent that
claims the method of using the biological product;
(3) information demonstrating to the Director that--
(A) the patent was issued to an independent
innovator;
(B) the owner of record is--
(i) the independent innovator; or
(ii) a qualified small business in which
the independent innovator has an ownership
interest;
(C) an application under section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a)) for
commercial marketing of the biological product for a
method of use claimed in the patent has been filed; and
(D) a period of not less than 10 years elapsed
between the original date of submission of an
application for an exemption under section 505(i) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)) for investigating such method of use and the
date on which the Food and Drug Administration approved
the application described in subparagraph (C); and
(4) a brief description of the activities undertaken by the
owner of record of the patent, or the agent of such owner,
during such period with respect to the biological product and
the significant dates applicable to such activities to the
extent such information is possessed by such owner.
(c) Determination of Extension.--
(1) In general.--A determination that a patent is eligible
for extension shall be made by the Director solely on the basis
of the representations contained in the application for the
extension. If the Director determines that a patent is eligible
for extension under subsection (a) and that the requirements of
subsection (b) have been complied with, the Director shall
issue to the applicant for the extension of the term of the
patent a certificate of extension, under seal, for 5 years.
Such certificate shall be recorded in the official file of the
patent and shall be considered as part of the original patent.
(2) Interim extension.--If the term of a patent for which
an application has been submitted under subsection (b) would
expire before a certificate of extension is issued or denied
under paragraph (1) respecting the application, the Director
shall extend, until such determination is made, the term of the
patent for periods of up to one year if the Director determines
that the patent is eligible for extension.
(d) Definitions.--In this section:
(1) Biological product.--The term ``biological product''
has the meaning given to such term in section 351(i)(1) of the
Public Health Service Act (42 U.S.C. 262(i)(1)).
(2) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(3) Independent innovator.--
(A) The term ``independent innovator'' means any
person or entity that--
(i) obtains a method of use patent for a
biological product; and
(ii) is not, at the time of invention or
patent filing, affiliated with the holder of a
marketing application approved under section
351(a) of the Public Health Service Act (42
U.S.C. 262(a)) for the commercial marketing of
such biological product.
(B) For purposes of subparagraph (A) and paragraph
(4), the term ``affiliated'' refers to any relationship
of employment, control, or common ownership, whether
direct or indirect, including through one or more
intermediaries.
(4) Qualified small business.--The term ``qualified small
business'' means any entity with fewer than 500 employees,
including employees of affiliates, and which is not affiliated
with the holder of the marketing application approved under
section 351(a) of the Public Health Service Act (42 U.S.C. sec.
262(a)) for the commercial marketing of such biological
product.
(e) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply to any unexpired patent
issued before, on, or after that effective date. | Independent Innovator and Repurposing Act - Establishes procedures under which the term of an unexpired patent claiming a method of using a biological product shall be extended for five years from its original expiration date. Requires an application for such an extension to demonstrate that: (1) the patent was issued to an independent innovator, and (2) the owner of record is the independent innovator or a small business (with fewer than 500 employees and which is not affiliated with the holder of the marketing application approved under licensing requirements of the Public Health Service Act for the commercial marketing of such biological product) in which the independent innovator has an ownership interest. Defines "independent innovator" as a person or entity that obtains a method of use patent for a biological product and is not, at the time of invention or patent filing, affiliated with the holder of an approved application for the commercial marketing of the product. | {"src": "billsum_train", "title": "Independent Innovator and Repurposing Act"} | 1,173 | 204 | 0.671636 | 1.912074 | 0.993765 | 4.537572 | 6.265896 | 0.930636 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Approximately 6,000,000 Jews were slaughtered pursuant
to Adolf Hitler's diabolical plan for the total extermination
of the Jews during the reign of the Third Reich, and even more
would have perished had it not been for the heroic efforts of
John Pehle to persuade President Franklin Roosevelt of the need
for extraordinary measures.
(2) As a 33-year-old lawyer working in the Foreign Funds
Control unit of the Department of the Treasury of the United
States, John Pehle, along with his colleagues at the Department
of the Treasury, worked to overcome bureaucratic inertia within
the United States Government during World War II in order to
rescue many Jews from the extermination camps of the Nazi
Holocaust.
(3) By researching and citing pertinent and overlooked
precedents, in December 1943, John Pehle was instrumental in
helping secure the first license of communications in enemy-
occupied territory and a remittance of $25,000 that was issued
by the United States Government to Gerhart Riegner, the
representative of the World Jewish Congress in Switzerland, for
the rescue of Jews in France and Romania.
(4) Overcoming internal communication problems within the
United States Government, John Pehle provided critical
information about the rapidly-worsening plight of deported Jews
from many parts of Europe to his superiors--Secretary of the
Treasury Henry Morgenthau, Jr., General Counsel Randolph Paul,
and Assistant General Counsel Josiah E. Dubois--and together
they determined to inform President Franklin Roosevelt of the
urgent need for corrective action.
(5) John Pehle accompanied Secretary Morgenthau and
Randolph Paul to meet with President Franklin Roosevelt on
January 16, 1944, to deliver a vitally important document
titled Personal Report to the President, which Pehle,
Morgenthau, and Paul were instrumental in compiling and which
had first been entitled Report to the Secretary on the
Acquiescence of This Government in the Murder of the Jews.
(6) On January 22, 1944, only 6 days after receiving the
Personal Report to the President, and in reaction to it,
President Franklin Roosevelt issued Executive Order 9417,
establishing the War Refugee Board, and appointed John Pehle as
the Acting Executive Director of the Board.
(7) Thanks largely to the heroic efforts and unparalleled
persistence of John Pehle, it became the policy of the United
States Government to implement ``the development of plans and
programs . . . for a) the rescue, transportation, maintenance,
and relief of the victims of enemy oppression, and b) the
establishment of havens of temporary refuge for such victims'';
Pehle became responsible directly to the President in
implementing that policy Government-wide.
(8) In one of his first official acts at the War Refugee
Board, John Pehle, on January 25, 1944, drafted an overdue and
critically important diplomatic cable, sent to all United
States embassies, consulates, and other diplomatic missions,
that ordered ``action be taken to forestall the plot of the
Nazis to exterminate the Jews and other persecuted minorities
in Europe''.
(9) Working with a staff of no more than 30 employees in
Washington, D.C., Pehle spearheaded the development of new
programs to increase the flow of refugees from Nazi persecution
to neutral countries in Europe (Turkey, Portugal, Switzerland,
Spain, and Sweden), who, in turn, would funnel them to Northern
Africa, Palestine, and North and South America, thus making
room for new arrivals from Nazi-occupied territories.
(10) In 1944, Pehle and his colleagues in the War Refugee
Board cleared the way for the International Red Cross to
provide food parcels to ``stateless'' civilians in the
internment camps, to support and protect 3,000,000 Allied and
Axis prisoners of war, and to streamline Federal licensing
procedures for the transmission of funds to pay for Red Cross
relief supplies and rescue operations, thus saving the lives of
thousands of Jews and other internees.
(11) President Franklin Roosevelt's promotion of John Pehle
from Acting Executive Director to Executive Director of the War
Refugee Board on March 24, 1944, coincided with the issuance of
a direct warning at the presidential news conference on the
same day, prepared by the Board, that none of those who
participated in the wholesale systematic murder of the Jews of
Europe--``one of the blackest crimes of all history''--shall go
unpunished.
(12) In April 1944, at the direction of John Pehle, the War
Refugee Board urged all neutral nations to increase their
diplomatic missions in Hungary to help prevent the accelerating
deportation of Jews to Auschwitz, Birkenau, and other Nazi
extermination camps and begin providing vital funding and other
resources such as lists of corrupt Hungarian passport
officials, undercover anti-Nazis, and other sympathizers to
assist the ingenious and heroic struggle of Raoul Wallenberg,
whose extraordinary personal efforts resulted in the rescue of
more than 100,000 Hungarian Jews from Nazi concentration camps.
(13) John Pehle spearheaded the valiant efforts of the War
Refugee Board, which was responsible for the direct rescue of
several hundred thousand men, women, and children from the
Holocaust and the sustenance of thousands of Holocaust
survivors during 1944 and 1945, thus breathing new life into
the American tradition of helping the oppressed and persecuted
in the name of human decency.
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 family or personal
representative of John Pehle in recognition of his service to the
Nation.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary.
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 under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
Unites States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals stuck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal to the family or personal representative of John Pehle in recognition of his service to the Nation in helping rescue Jews and other minorities from the Holocaust during World War II. | {"src": "billsum_train", "title": "To award posthumously a congressional gold medal to John Pehle in recognition of his contributions to the Nation in helping rescue Jews and other minorities from the Holocaust during World War II."} | 1,640 | 73 | 0.447057 | 1.46132 | -0.137387 | 6.584615 | 22.415385 | 0.984615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Summer Term Education Programs for
Upward Performance Act of 2005'' or the ``STEP UP Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) All students experience learning losses when they do
not engage in educational activities during the summer.
(2) Students on average lose more than 1 month's worth of
reading skills, and 2 months or more in mathematics facts and
skills, during the summer.
(3) The impact of summer learning loss is greatest for
children living in poverty, for children with learning
disabilities, and for children who do not speak English at
home.
(4) While middle-class children's test scores plateau or
even rise during the summer months, scores plummet for children
living in poverty. Disparities grow, so that reading scores of
disadvantaged students can fall more than 3 months behind the
scores of their middle-class peers.
(5) Summer learning losses by children living in poverty
accumulate over the elementary school years, so that their
achievement scores fall further and further behind the scores
of their more advantaged peers as the children progress through
school.
(6) This summer slide is costly for American education.
Analysis by Professor Harris Cooper and his colleagues finds
that 2 months of the school year are lost: 1 month spent in
reteaching and 1 month spent not providing new instruction.
(7) Analysis of summer learning programs has demonstrated
their effectiveness. In the BELL programs in Boston, New York,
and Washington, DC, students gained several months' worth of
reading and mathematics skills in 6 weeks, with a majority of
those students moving to a higher performance category, as
assessed by standardized mathematics and reading tests. In the
Center for Summer Learning's Teach Baltimore Summer Academy,
randomized studies show that students who regularly attended
the program for not less than 2 summers gained advantages of 70
to 80 percent of 1 full grade level in reading over control-
group peers who did not attend summer school.
(8) Summer learning programs are proven to remedy,
reinforce, and accelerate learning, and can serve to close the
achievement gap in education.
SEC. 3. PURPOSE.
The purpose of this Act is to create opportunities for summer
learning by providing summer learning grants to eligible students, in
order to--
(1) provide the students with access to summer learning;
(2) facilitate the enrollment of students in elementary
schools or youth development organizations during the summer;
(3) promote collaboration between teachers and youth
development professionals in order to bridge gaps between
schools and youth programs; and
(4) encourage teachers to try new techniques, acquire new
skills, and mentor new colleagues.
SEC. 4. DEFINITIONS.
In this Act:
(1) Educational service agency.--The term ``educational
service agency'' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) desires to participate in a summer learning
grant program under this Act by providing summer
learning opportunities described in section 6(d)(1)(B)
to eligible students; and
(B) is--
(i) a local educational agency;
(ii) a for-profit educational provider,
nonprofit organization, or summer enrichment
camp, that has been approved by the State
educational agency to provide the summer
learning opportunity described in section
6(d)(1)(B), including an entity that is in good
standing that has been previously approved by a
State educational agency to provide
supplemental educational services; or
(iii) a consortium consisting of a local
educational agency and 1 or more of the
following entities:
(I) Another local educational
agency.
(II) A community-based youth
development organization with a
demonstrated record of effectiveness in
helping students learn.
(III) An institution of higher
education.
(IV) An educational service agency.
(V) A for-profit educational
provider described in clause (ii).
(VI) A nonprofit organization
described in clause (ii).
(VII) A summer enrichment camp
described in clause (ii)
(3) Eligible student.--The term ``eligible student'' means
a student who--
(A) is eligible for a free lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.);
(B) is served by a local educational agency
identified by the State educational agency in the
application described in section 5(b); or
(C)(i) in the case of a summer learning grant
program authorized under this Act for fiscal year 2006,
2007, or 2008, is eligible to enroll in any of the
grades kindergarten through grade 3 for the school year
following participation in the program; or
(ii) in the case of a summer learning grant program
authorized under this Act for fiscal year 2009 or 2010,
is eligible to enroll in any of the grades kindergarten
through grade 5 for the school year following
participation in the program.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
(8) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 5. DEMONSTRATION GRANT PROGRAM.
(a) Program Authorized.--
(1) In general.--From the funds appropriated under section
8 for a fiscal year, the Secretary shall carry out a
demonstration grant program in which the Secretary awards
grants, on a competitive basis, to State educational agencies
to enable the State educational agencies to pay the Federal
share of summer learning grants for eligible students.
(2) Number of grants.--For each fiscal year, the Secretary
shall award not more than 5 grants under this section.
(b) Application.--A State educational agency that desires to
receive 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 require. Such application shall
identify the areas in the State where the summer learning grant program
will be offered and the local educational agencies that serve such
areas.
(c) Award Basis.--In awarding grants under this section, the
Secretary shall take into consideration an equitable geographic
distribution of the grants.
SEC. 6. SUMMER LEARNING GRANTS.
(a) Use of Grants for Summer Learning Grants.--
(1) In general.--Each State educational agency that
receives a grant under section 5 for a fiscal year shall use
the grant funds to provide summer learning grants for the
fiscal year to eligible students in the State who desire to
attend a summer learning opportunity offered by an eligible
entity that enters into an agreement with the State educational
agency under subsection (d)(1).
(2) Amount; federal and non-federal shares.--
(A) Amount.--The amount of a summer learning grant
provided under this Act shall be--
(i) for each of the fiscal years 2006
through 2009, $1,600; and
(ii) for fiscal year 2010, $1,800.
(B) Federal share.--The Federal share of each
summer learning grant shall be not more than 50 percent
of the amount of the summer learning grant determined
under subparagraph (A).
(C) Non-federal share.--The non-Federal share of
each summer learning grant shall be not less than 50
percent of the amount of the summer learning grant
determined under subparagraph (A), and shall be
provided from non-Federal sources, such as State or
local sources.
(b) Designation of Summer Scholars.--Eligible students who receive
summer learning grants under this Act shall be known as ``summer
scholars''.
(c) Selection of Summer Learning Opportunity.--
(1) Dissemination of information.--A State educational
agency that receives a grant under section 5 shall disseminate
information about summer learning opportunities and summer
learning grants to the families of eligible students in the
State.
(2) Application.--The parents of an eligible student who
are interested in having their child participate in a summer
learning opportunity and receive a summer learning grant shall
submit an application to the State educational agency that
includes a ranked list of preferred summer learning
opportunities.
(3) Process.--A State educational agency that receives an
application under paragraph (2) shall--
(A) process such application;
(B) determine whether the eligible student shall
receive a summer learning grant;
(C) coordinate the assignment of eligible students
receiving summer learning grants with summer learning
opportunities; and
(D) if demand for a summer learning opportunity
exceeds capacity--
(i) in a case where information on the
school readiness (based on school records and
assessments of student achievement) of the
eligible students is available, give priority
for the summer learning opportunity to eligible
students with low levels of school readiness;
or
(ii) in a case where such information on
school readiness is not available, rely on
randomization to assign the eligible students.
(4) Flexibility.--A State educational agency may assign a
summer scholar to a summer learning opportunity program that is
offered in an area served by a local educational agency that is
not the local educational agency serving the area where such
scholar resides.
(5) Requirement of acceptance.--An eligible entity shall
accept, enroll, and provide the summer learning opportunity of
such entity to, any summer scholar assigned to such summer
learning opportunity by a State educational agency pursuant to
this subsection.
(d) Agreement With Eligible Entity.--
(1) In general.--A State educational agency shall enter
into an agreement with the eligible entity offering a summer
learning opportunity, under which--
(A) the State educational agency shall agree to
make payments to the eligible entity, in accordance
with paragraph (2), for a summer scholar; and
(B) the eligible entity shall agree to provide the
summer scholar with a summer learning opportunity
that--
(i) provides a total of not less than the
equivalent of 30 full days of instruction (or
not less than the equivalent of 25 full days of
instruction, if the equivalent of an additional
5 days is devoted to field trips or other
enrichment opportunities) to the summer
scholar;
(ii) employs small-group, research-based
educational programs, materials, curricula, and
practices;
(iii) provides a curriculum that--
(I) emphasizes reading and
mathematics;
(II) is primarily designed to
increase the literacy and numeracy of
the summer scholar; and
(III) is aligned with the standards
and goals of the school year curriculum
of the local educational agency serving
the summer scholar;
(iv) applies assessments to measure the
skills taught in the summer learning
opportunity and disaggregates the results of
the assessments for summer scholars by race and
ethnicity, economic status, limited English
proficiency status, and disability category, in
order to determine the opportunity's impact on
each subgroup of summer scholars;
(v) collects daily attendance data on each
summer scholar; and
(vi) meets all applicable Federal, State,
and local civil rights laws.
(2) Amount of payment.--
(A) In general.--Except as provided in subparagraph
(B), a State educational agency shall make a payment to
an eligible entity for a summer scholar in the amount
determined under subsection (a)(2)(A).
(B) Adjustment.--In the case in which a summer
scholar does not attend the full summer learning
opportunity, the State educational agency shall reduce
the amount provided to the eligible entity pursuant to
subparagraph (A) by a percentage that is equal to the
percentage of the summer learning opportunity not
attended by such scholar.
(e) Use of School Facilities.--State educational agencies are
encouraged to require local educational agencies in the State to allow
eligible entities, in offering summer learning opportunities, to make
use of school facilities in schools served by such local educational
agencies at reasonable or no cost.
(f) Access of Records.--An eligible entity offering a summer
learning opportunity under this Act is eligible to receive, upon
request, the school records and any previous supplemental educational
services assessment records of a summer scholar served by such entity.
(g) Administrative Costs.--A State educational agency or eligible
entity receiving funding under this Act may use not more than 5 percent
of such funding for administrative costs associated with carrying out
this Act.
SEC. 7. EVALUATIONS; REPORT; WEBSITE.
(a) Evaluation and Assessment.--For each year that an eligible
entity enters into an agreement under section 6(d), the eligible entity
shall prepare and submit to the Secretary a report on the activities
and outcomes of each summer learning opportunity that enrolled a summer
scholar, including--
(1) information on the design of the summer learning
opportunity;
(2) the alignment of the summer learning opportunity with
State standards; and
(3) data from assessments of student mathematics and
reading skills for the summer scholars and on the attendance of
the scholars, disaggregated by the subgroups described in
section 6(d)(1)(B)(iv).
(b) Report.--For each year funds are appropriated under section 8
for this Act, the Secretary shall prepare and submit a report to
Congress on the summer learning grant programs, including the
effectiveness of the summer learning opportunities in improving student
achievement.
(c) Summer Learning Grants Website.--The Secretary shall make
accessible, on the Department of Education website, information for
parents and school personnel on successful programs and curricula, and
best practices, for summer learning opportunities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$100,000,000 for fiscal year 2006 and such sums as may be necessary for
each of the fiscal years 2007 through 2010. | Summer Term Education Programs for Upward Performance Act of 2005, or STEP UP Act of 2005 - Directs the Secretary of Education to make competitive demonstration grants to state educational agencies to pay the federal share of summer learning grants for eligible students to be summer scholars in summer learning opportunity programs. | {"src": "billsum_train", "title": "A bill to authorize resources to provide students with opportunities for summer learning through summer learning grants."} | 3,147 | 62 | 0.490912 | 1.385589 | 1.025361 | 4.277778 | 56.148148 | 0.981481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Protection Act of
1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any government or
person. The existence of torture creates a climate of fear and
international insecurity that affects all people.
(2) Torture is the deliberate mental and physical damage
caused by governments to individuals to destroy individual
personality and terrorize society. The effects of torture are
long term. Those effects can last a lifetime for the survivors
and affect future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments often
use torture as a weapon against democracy.
(4) Torture survivors remain under physical and
psychological threats, especially in communities where the
perpetrators are not brought to justice. In many nations, even
those who treat torture survivors are threatened with
reprisals, including torture, for carrying out their ethical
duty to provide care. Both the survivors of torture and their
treatment providers should be accorded protection from further
repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of torture. Those claiming
asylum deserve prompt consideration of their applications for
political asylum to minimize the insecurity and sense of
danger. Many torture survivors now live in the United States.
They should be provided with the rehabilitation services which
would enable them to become productive members of our
communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
(9) The United States became a party to the Convention
Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment on November 20, 1994, but has not
enacted legislation to implement Article 3 of the Convention.
SEC. 3. DEFINITIONS.
(a) In General.--Except as otherwise provided, the terms used in
this Act have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(b) Torture.--The term ``torture'' has the meaning given the term
in section 2340(1) of title 18, United States Code, and includes the
use of rape and other forms of sexual violence by a person acting under
the color of law upon another person under his custody or physical
control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
TO TORTURE.
(a) Prohibition.--Notwithstanding any other provision of law, the
United States shall not expel, remove, extradite, or otherwise return
involuntarily an individual to a country if there is substantial
evidence that a reasonable person in the circumstances of that
individual would fear subjection to torture in that country.
(b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual, means--
(1) to return the individual without the individual's
consent, whether or not the return is induced by physical force
and whether or not the person is physically present in the
United States; or
(2) to take an action by which it is reasonably foreseeable
that the individual will be returned, whether or not the return
is induced by physical force and whether or not the person is
physically present in the United States.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) Covered Aliens.--An alien described in this section is any
alien who presents a claim of having been subjected to torture, or whom
there is reason to believe has been subjected to torture.
(b) Consideration of the Effects of Torture.--In considering an
application by an alien described in subsection (a) for refugee status
under section 207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under section
241(b)(3) of that Act, the appropriate officials shall take into
account--
(1) the manner in which the effects of torture might affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), refugees who have been subjected to torture shall be
considered to the refugees of special humanitarian concern to the
United States and shall be accorded priority for resettlement at least
as high as that accorded any other group of refugees.
(d) Processing for Asylum and Withholding of Removal.--Section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) is amended by adding at the end the following new
clause:
``(iv) Special procedures for aliens who
are the victims of torture.--
``(I) Expedited procedures.--With
the consent of the alien, an asylum
officer or immigration judge shall
expedite the scheduling of an asylum
interview or a removal proceeding for
any alien who presents a claim of
having been subjected to torture,
unless the evidence indicates that a
delay in making a determination
regarding the granting of asylum under
section 208 of the Immigration and
Nationality Act or the withholding of
removal under section 241(b)(3) of that
Act with respect to the alien would not
aggravate the physical or psychological
effects of torture upon the alien.
``(II) Delay of proceedings.--With
the consent of the alien, an asylum
officer or immigration judge shall
postpone an asylum interview or a
removal proceeding for any alien who
presents a claim of having been
subjected to torture, if the evidence
indicates that, as a result of the
alien's mental or physical symptoms
resulting from torture, including the
alien's inability to recall or relate
the events of the torture, the alien
will require more time to recover or be
treated before being required to
testify.''.
(c) Parole in Lieu of Detention.--The finding that an alien is a
person described in subsection (a) shall be a strong presumptive basis
for a grant of parole, under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
(f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by
inserting before the period at the end the following: ``, or to an
alien described in section 5(a) of the Torture Victims Relief Act''.
(g) Sense of Congress.--It is the sense of Congress that the
Attorney General should allocate resources sufficient to maintain in
the Resource Information Center of the Immigration and Naturalization
Service current information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, immigration judges, and all other relevant officials of the
Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of torture;
(2) the identification of the surrounding circumstances in
which torture is most often practiced;
(3) the long-term effects of torture upon a victim;
(4) the identification of the physical, cognitive, and
emotional effects of torture, and the manner in which these
effects can affect the interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject on inter-acting with women and men who are victims of
torture by rape or any other form of sexual violence. | Torture Victims Protection Act of 1998 - Prohibits U.S. expulsion or extradition of an individual to a country if there is substantial evidence that such individual would be subject to torture in that country.
Establishes special procedural considerations and priorities under the Immigration and Nationality Act for alien torture victims seeking refugee or asylee status, or withholding of removal. Expresses the sense of the Congress that the Attorney General should allocate resources to maintain in the Immigration and Naturalization Service's Resource Information Center materials on the use of torture in foreign countries.
Provides for specialized training of immigration, asylum, and consular personnel in identifying and interviewing torture victims. | {"src": "billsum_train", "title": "Torture Victims Protection Act of 1998"} | 1,993 | 150 | 0.415525 | 1.250823 | 0.609559 | 2.848739 | 14.957983 | 0.865546 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faster Action Safety Team Emergency
Response Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Completion.--The term ``completion'' means the date on
which the well involved is properly equipped for the production
of oil or gas, goes into production or, if the well is dry, the
date on which the well is abandoned.
(2) Drilling.--The term ``drilling'' includes the drilling
or redrilling of any well or the deepening or expansion of any
existing well.
(3) Exploration.--The term ``exploration'' means a drilling
effort to obtain information relating to oil or gas extraction
without the intent of immediate production.
(4) Operator.--The term ``operator'' means any individual
or entity that locates, drills, operates, alters, directs,
controls, supervises, maintains, plugs, or abandons any well or
reconditions any well with the purpose of production.
(5) Production.--The term ``production'' means the
retrieval of oil or gas from a well.
(6) Response team.--The term ``response team'' means a team
of individuals established by an operator in accordance with
this Act, the members of which, at a minimum--
(A) are familiar with the operations and equipment
of a well;
(B) participate at least annually in response
training at a minimum of 1 well that is operated by the
operator and covered by the response team;
(C) are trained in basic first aid and CPR training
on an annual basis; and
(D) will be available with respect to the well
involved not later than 3 hours by ground travel time
after requested.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(8) Well.--The term ``well'' means a bore hole drilled or
being drilled onshore for the purpose of, or to be used for,
producing, extracting or injecting any gas, petroleum or other
liquid related to oil or gas production or storage, including
holes drilled or being drilled for exploration and excluding
holes that have been plugged and abandoned.
SEC. 3. RESPONSE TEAM REGULATIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall promulgate regulations, in
accordance with this section, relating to response teams.
(b) Requirements.--Regulations promulgated under subsection (a)
shall provide for the following:
(1) Such regulations shall not be construed to waive
operator training requirements applicable to existing response
teams.
(2) Such regulations shall require that the Occupational
Safety and Health Administration establish, and update every 5
years thereafter, criteria to certify the qualifications of
response teams.
(3)(A) Such regulations shall require that the operator of
a well--
(i) during the exploration or drilling phase, or
before the completion phase--
(I) have an employee knowledgeable in
responding to emergency situations that may
arise at the well (as defined in regulations
promulgated by the Secretary, in consultation
with the Administrator of the Occupational
Safety and Health Administration) who is
employed and present at the well at all times;
and
(II) make available a certified response
team; and
(ii) make available a certified response team
during the production phase (as defined in section
2(5)).
(B) Such regulations shall ensure that the following
options may be used by an operator to achieve compliance with
the requirements of subparagraph (A) relating to the
availability of a response team:
(i) Making available a well response team.
(ii) Making available a multi-employer composite
response team that is made up of team members who are
knowledgeable about the operations of the well and who
train on an annual basis at the well--
(I) which provides coverage for multiple
operators that have team members which include
at least 2 active employees from each of such
operators;
(II) which provides coverage for multiple
wells owned by the same operator; and
(III) which is a State-sponsored response
team that is composed of at least 2 active
employees from each of the operators.
(iii) Making available a commercial response team
that is provided for through contract with a third-
party vendor or a response team provided by another
operator, if such team--
(I) trains on a quarterly basis at a
minimum of 1 well operated by the operator who
contracted for the services of the commercial
response team;
(II) is knowledgeable about the operations
of the wells that are covered under the
contract for services; and
(III) is composed of individuals with a
minimum of 1 year well experience that has
occurred within the 5-year period preceding
their employment on the contract response team.
(iv) Making available a State-sponsored response
team made up of State employees.
(4) Such regulations shall require that an operator of a
well--
(A) within 30 minutes of the commencement of an
emergency situation, contact local first responders to
inform them of the emergency situation;
(B) within 1 hour of the commencement of an
emergency situation, contact the Occupational Safety
and Health Administration to inform such Administration
of the emergency situation;
(C) within 1 hour of the commencement of an
emergency situation, contact the appropriate State
environmental agency to inform such agency of the
emergency situation;
(D) within 1 hour of the commencement of an
emergency situation, contact the National Response
Center; and
(E) provide communication technology, within a
reasonable distance of the well (as defined in
regulations promulgated by the Secretary, in
consultation with the Administrator of the Occupational
Safety and Health Administration), that enables the
operator to comply with the regulations under this
paragraph.
(5) Such regulations shall require that an operator provide
annual training to local first responders responsible for
serving the area of each well operated by the operator, who may
be required to respond to an emergency situation, on the
hazards of a well and proper emergency response techniques.
(6) Such regulations shall require that an operator file a
report, on an annual basis, with the Occupational Safety and
Health Administration, that provides detailed information on
the response team assigned to each well of the operator and
affirmatively states that the operator is in compliance with
the Act and all regulations promulgated under this Act. | Faster Action Safety Team Emergency Response Act of 2010 - Directs the Secretary of Labor to promulgate regulations relating to response teams. Defines a "response team" as a team of individuals established by an operator on an onshore oil or gas well, who: (1) are familiar with the well operations and equipment; (2) participate in response training at least annually; (3) are trained in basic first aid and CPR; and (4) will be available with respect to the well involved by ground transportation not later than three hours after requested.
Sets forth requirements for such regulations. Provides that such regulations shall: (1) not be construed to waive operator training requirements applicable to existing response teams; and (2) require the Occupational Safety and Health Administration (OSHA) to establish and update (every five years) criteria to certify the qualifications of response teams.
Requires such regulations to: (1) require the operator of a well to have an employee knowledgeable in responding to emergency situations present at the well at all times during the exploration or drilling phase or before the completion phase and to make available a certified response team during such phases and the production phase; and (2) ensure to make available to such an operator to comply with such requirement a well response team, a multi-employer composite response team, a commercial response team provided through contract or by another operator, or a state-sponsored response team.
Requires such regulations to require that a well operator: (1) contact local first responders within 30 minutes of the commencement of an emergency situation; (2) contact OSHA, the appropriate state environmental agency, and the National Response Center within one hour of such commencement; and (3) provide communication technology within a reasonable distance of the well that enables the operator to comply with regulations promulgated by the Secretary.
Requires such regulations to require an operator to: (1) provide annual training to local first responders on well hazards and proper emergency response techniques; and (2) file a report annually with OSHA that provides detailed information on the response team assigned to each of the operator's wells and affirmatively states that the operator is in compliance with this Act. | {"src": "billsum_train", "title": "A bill to provide for an expedited response to emergencies related to oil or gas production or storage."} | 1,404 | 458 | 0.614264 | 1.929428 | 0.763643 | 3.42623 | 3.147541 | 0.957845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resource Efficient Appliance
Incentives Act of 2005.''.
SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES.
(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. 45J. ENERGY EFFICIENT APPLIANCE CREDIT.
``(a) General Rule.--
``(1) In general.--For purposes of section 38, the energy
efficient appliance credit determined under this section for
the taxable year is an amount equal to the sum of the credit
amounts determined for each type of qualified energy efficient
appliance.
``(2) Credit amounts.--The credit amount determined for a
type of qualified energy efficient appliance is the sum of--
``(A) the applicable amount determined under
subsection (b) with respect to a qualified energy
efficient appliance, multiplied by
``(B) the number of such appliances produced by the
taxpayer in the United States during the calendar year
ending with or within the taxable year.
``(b) Applicable Amount; Eligible Production.--For purposes of
subsection (a)--
``(1) Applicable amount.--
``(A) In general.--The applicable amount determined
under this subsection is the amount determined under
the following table:
``Qualified Energy Efficient Produced in calendar year-- Applicable
Appliance amount is--
------------------------------------------------------------------------
Clothes washer with at least 2005 $50
1.42 MEF.
Clothes washer with MEF at 2005, 2006, or 2007 $100
least Energy Star level in
effect in 2007.
Clothes washer with MEF at 2008, 2009, or 2010 $150
least Energy Star level in
effect in 2010.
Dishwasher with EF at least 2006, 2007, 2008, or 2009 $75
Energy Star level in effect
in 2007.
Refrigerator consuming at 2005 or 2006 $100
least 15 percent less
kilowatt hours per year
than 2001 energy
conservation standard.
Refrigerator consuming at 2005, 2006, 2007, 2008, or $150
least 20 percent less 2009
kilowatt hours per year
than 2001 energy
conservation standard.
Refrigerator consuming at 2010 $150
least 25 percent less
kilowatt hours per year
than 2001 energy
conservation standard.
------------------------------------------------------------------------
``(B) Other appliances.--In the case of any
appliance not described in the table in subparagraph
(A), the applicable amount shall be zero.
``(2) Eligible production.--
``(A) In general.--The eligible production in a
calendar year with respect to each type of energy
efficient appliance described in the table in paragraph
(1) is the excess of--
``(i) the number of appliances of such type
which meet the energy efficiency described for
such type in the table in paragraph (1) and
which are produced by the taxpayer during such
calendar year, over
``(ii) the average number of appliances of
such type which meet the energy efficiency
described for such type in the table in
paragraph (1) and which were produced by the
taxpayer (or any predecessor) during the
preceding 3-calendar year period.
``(B) Special rule for 2005 production.--For
purposes of determining eligible production for
calendar year 2005--
``(i) only production after the date of
enactment of this section shall be taken into
account under subparagraph (A)(i), and
``(ii) the amount taken into account under
subparagraph (A)(ii) shall be an amount which
bears the same ratio to the amount which would
(but for this subparagraph) be taken into
account under subparagraph (A)(ii) as--
``(I) the number of days in
calendar year 2005 after the date of
enactment of this section, bears to
``(II) 365.
``(c) Limitations.--
``(1) Aggregate credit amount allowed.--The aggregate
amount of credit allowed under subsection (a) with respect to a
taxpayer for all taxable years shall not exceed $75,000,000,
reduced by the amount of the credit allowed under subsection
(a) to the taxpayer (or any predecessor) for any prior taxable
year.
``(2) Amount allowed for certain appliances.--
``(A) In general.--In the case of appliances
described in subparagraph (B), the aggregate amount of
the credit allowed under subsection (a) with respect to
a taxpayer for all taxable years shall not exceed
$35,000,000, reduced by the amount of the credit
allowed under subsection (a) to the taxpayer (or any
predecessor) for any prior taxable year with respect to
such appliances.
``(B) Appliances described.--The appliances
described in this subparagraph are--
``(i) clothes washers with at least a 1.42
MEF, as described in the table in subsection
(b)(1),
``(ii) refrigerators which consume at least
15 percent less kilowatt hours per year than
applicable energy conservation standards, as
described in such table, and
``(iii) dishwashers described in such
table.
``(3) Limitation based on gross receipts.--The credit
allowed under subsection (a) with respect to a taxpayer for the
taxable year shall not exceed an amount equal to 2 percent of
the average annual gross receipts of the taxpayer for the 3
taxable years preceding the taxable year in which the credit is
determined.
``(4) Gross receipts.--For purposes of this subsection, the
rules of paragraphs (2) and (3) of section 448(c) shall apply.
``(d) Definitions.--For purposes of this section--
``(1) Qualified energy efficient appliance.--The term
`qualified energy efficient appliance' means an appliance
described in the table in subsection (b)(1).
``(2) Clothes washer.--The term `clothes washer' means a
residential model clothes washer, including a residential style
coin operated washer.
``(3) Refrigerator.--The term `refrigerator' means a
residential model automatic defrost refrigerator-freezer which
has an internal volume of at least 16.5 cubic feet.
``(4) Dishwasher.--The term `dishwasher' means a
residential dishwasher subject to the energy conservation
standards established by the Department of Energy.
``(5) MEF.--The term `MEF' means the modified energy
factor, as determined by the Secretary of Energy.
``(6) Energy factor.--The term `EF' means the energy factor
established by the Department of Energy for compliance with the
Federal energy conservation standards.
``(7) Produced.--The term `produced' includes manufactured.
``(8) 2001 energy conservation standard.--The term `2001
energy conservation standard' means the energy conservation
standards promulgated by the Department of Energy and effective
July 1, 2001.
``(e) Special Rules.--For purposes of this section--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply.
``(2) Controlled group.--
``(A) In general.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated
as a single producer.
``(B) Inclusion of foreign corporations.--For
purposes of subparagraph (A), in applying subsections
(a) and (b) of section 52 to this section, section 1563
shall be applied without regard to subsection (b)(2)(C)
thereof.
``(3) Verification.--No amount shall be allowed as a credit
under subsection (a) with respect to which the the taxpayer has
not submitted such information or certification as the
Secretary, in consultation with the Secretary of Energy,
determines necessary.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(20) the energy efficient appliance credit determined
under section 45J(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45J. Energy efficient appliance credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to appliances produced after December 31, 2004, in taxable years
ending after such date. | Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain household appliances (clothes washers, dishwashers, and refrigerators) with a specified energy efficiency rating. Imposes an aggregate limitation of $75 million on such credit for all taxable years ($35 million for certain other appliances), and an annual limitation based on taxpayer gross receipts (two percent of taxpayer average annual gross receipts for the three previous taxable years). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit."} | 2,016 | 111 | 0.565887 | 1.420012 | 0.301737 | 1.784946 | 19.537634 | 0.860215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Long-Term Protection
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress hereby finds that--
(1) public confidence in the old-age, survivors, and
disability insurance program under the Social Security Act has
been undermined by the nature of the political debate which
attends the major decisions affecting the program; and
(2) that the treatment of the old-age, survivors, and
disability insurance program under the Social Security Act as a
political issue is of grave concern to--
(A) working Americans who bear the ever-increasing
social security tax burden and have growing doubts
about the program's stability; and
(B) young Americans, who object to the social
security tax altogether because they do not believe it
will survive long enough for them to derive any
benefits from it.
(b) Additional Findings.--Congress further finds that--
(1) under current projections through the year 2025,
surplus income for the old-age, survivors, and disability
insurance program will grow to an amount equal to two years of
outlays by the year 2000, and to an amount equal to three and
one-third years of outlays by 2015;
(2) at the current rate of social security outlays, a
reserve of three and one-third years would total over
$1,000,000,000,000;
(3) a reserve in that amount would be unnecessary, and
would be viewed by both the Congress and the American people as
excessive taxation.
(c) Purposes.--The purposes of this Act are--
(1) to permanently ensure the viability and certainty of
the old-age, survivors, and disability insurance program;
(2) to guarantee that social security taxes be no more than
necessary to meet the program's current obligations, plus an
appropriate reserve.
SEC. 3. FLOATING OASDI TAX RATES AFTER 1994.
(a) Rate of Tax on Employees.--Subsection (a) of section 3101 of
the Internal Revenue Code of 1986 (relating to rate of tax on
employees) is amended to read as follows:
``(a) Old-Age, Survivors, and Disability Insurance.--
``(1) General rule.--In addition to other taxes, there is
hereby imposed on the income of every individual a tax equal to
the percentage determined under this subsection of the wages
(as defined in section 3121(a)) received by any individual
during any calendar year with respect to employment (as defined
in section 3121(b)). The percentage determined under this
subsection is--
``(A) in cases of wages received during 1994, 6.2
percent, and
``(B) in cases of wages received during any
calendar year after 1994, the percentage determined
under this subsection for the prior calendar year,
unless paragraph (2) or (3) applies with respect to
such wages.
``(2) Percentage in the case of at least a 60-percent oasdi
trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to wages received
during any calendar year (after 1994) if the OASDI
trust fund reserve on September 30 of the prior
calendar year is--
``(i) not less than 60.0 percent of the
total amount of the OASDI trust fund
expenditures during the fiscal year ending with
such September 30, and
``(ii) not less than the OASDI trust fund
reserve on the last preceding September 30.
``(B) Determination of percentage.--If this
paragraph applies with respect to wages received during
any calendar year, the percentage determined under this
subsection with respect to such wages shall be equal to
the excess of--
``(i) the percentage determined under this
subsection for the prior calendar year, over
``(ii) 0.4 percent.
``(3) Percentage in the case of less than a 55-percent
oasdi trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to wages received
during any calendar year (after 1994) if the OASDI
trust fund reserve on September 30 of the prior
calendar year is less than 55.0 percent of the total
amount of the OASDI trust fund expenditures during the
fiscal year ending with such September 30.
``(B) Determination of percentage.--The percentage
determined for any calendar year under this paragraph
shall be equal to the sum of--
``(i) the percentage determined under this
subsection for the prior calendar year, plus
``(ii) 0.4 percent.''.
(b) Rate of Tax on Employers.--Subsection (a) of section 3111 of
such Code (relating to rate of tax on employers) is amended to read as
follows:
``(a) Old-Age, Survivors, and Disability Insurance.--
``(1) General rule.--In addition to other taxes, there is
hereby imposed on every employer an excise tax, with respect to
having individuals in his employ, equal to the percentage
determined under this subsection of the wages (as defined in
section 3121(a)) paid by him during any calendar year with
respect to employment (as defined in section 3121(b)). The
percentage determined under this subsection is--
``(A) in cases of wages paid during 1994, 6.2
percent, and
``(B) in cases of wages paid during any calendar
year after 1994, the percentage determined under this
subsection for the prior calendar year, unless
paragraph (2) or (3) applies with respect to such
wages.
``(2) Percentage in the case of at least a 60-percent oasdi
trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to wages paid
during any calendar year (after 1994) if the OASDI
trust fund reserve on September 30 of the prior
calendar year is--
``(i) not less than 60.0 percent of the
total amount of the OASDI trust fund
expenditures during the fiscal year ending with
such September 30, and
``(ii) not less than the OASDI trust fund
reserve on the last preceding September 30.
``(B) Determination of percentage.--If this
paragraph applies with respect to wages paid during any
calendar year, the percentage determined under this
subsection with respect to such wages shall be equal to
the excess of--
``(i) the percentage determined under this
subsection for the prior calendar year, over
``(ii) 0.4 percent.
``(3) Percentage in the case of less than a 55-percent
oasdi trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to wages paid
during any calendar year (after 1994) if the OASDI
trust fund reserve on September 30 of the prior
calendar year is less than 55.0 percent of the total
amount of the OASDI trust fund expenditures during the
fiscal year ending with such September 30.
``(B) Determination of percentage.--The percentage
determined for any calendar year under this paragraph
shall be equal to the sum of--
``(i) the percentage determined under this
subsection for the prior calendar year, plus
``(ii) 0.4 percent.''.
(c) Rate of Self-Employment Tax.--Subsection (a) of section 1401 of
such Code (relating to rate of tax on self-employment income for old-
age, survivors, and disability insurance) is amended to read as
follows:
``(a) Old-Age, Survivors, and Disability Insurance.--
``(1) General rule.--In addition to other taxes, there
shall be imposed for each taxable year, on the self-employment
income for such taxable year, a tax equal to the percentage
determined under this subsection of the self-employment income
for such taxable year. The percentage determined under this
subsection is--
``(A) in cases of self-employment income for the
first taxable year beginning after December 31, 1993,
12.4 percent, and
``(B) in cases of self-employment income for each
subsequent taxable year, the percentage determined
under this subsection for the prior taxable year,
unless paragraph (2) or (3) applies with respect to
such self-employment income.
``(2) Percentage in the case of at least a 60-percent oasdi
trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to self-employment
income for any taxable year (referred to in paragraph
(1)(B)) if the OASDI trust fund reserve on September 30
of the calendar year preceding such taxable year is--
``(i) not less than 60.0 percent of the
total amount of the OASDI trust fund
expenditures during the fiscal year ending with
such September 30, and
``(ii) not less than the OASDI trust fund
reserve on the last preceding September 30.
``(B) Determination of percentage.--If this
paragraph applies with respect to self-employment
income for any taxable year, the percentage determined
under this subsection with respect to such self-
employment income shall be equal to the excess of--
``(i) the percentage determined under this
subsection for the prior taxable year, over
``(ii) 0.8 percent.
``(3) Percentage in the case of less than a 55-percent
oasdi trust fund reserve.--
``(A) Rule governing applicability of paragraph.--
This paragraph applies with respect to self-employment
income for any taxable year (referred to in paragraph
(1)(B)) if the OASDI trust fund reserve on September 30
of the calendar year preceding such taxable year is
less than 55.0 percent of the total amount of the OASDI
trust fund expenditures during the fiscal year ending
with such September 30.
``(B) Determination of percentage.--The percentage
determined for any calendar year under this paragraph
shall be equal to the sum of--
``(i) the percentage determined under this
subsection for the prior calendar year, plus
``(ii) 0.8 percent.''.
(d) Definitions.--
(1) Amendment to fica provisions.--Section 3121 of such
Code (relating to definitions) is amended by adding at the end
thereof the following new subsections:
``(y) OASDI Trust Fund Reserve.--For purposes of this chapter, the
term `OASDI trust fund reserve', on September 30 of any calendar year,
means the sum of--
``(1) the balance in the Federal Old-Age and Survivors
Insurance Trust Fund as of such date, and
``(2) the balance in the Federal Disability Insurance Trust
Fund as of such date.
``(z) OASDI Trust Fund Expenditures.--For purposes of this chapter,
the term `OASDI trust fund expenditures', during any fiscal year, means
the sum of--
``(1) the total amount which was paid from the Federal Old-
Age and Survivors Insurance Trust Fund during such fiscal year
for all purposes authorized by section 201 of the Social
Security Act, but excluding any transfer payments between such
Trust Fund and the Federal Disability Insurance Trust Fund and
reducing the amount of any transfers to the Railroad Retirement
Account by the amount of any transfers into such Trust Fund
from that Account, and
``(2) the total amount which was paid from the Federal
Disability Insurance Trust Fund during such fiscal year for all
purposes authorized by section 201 of such Act, but excluding
any transfer payments between such Trust Fund and the Federal
Old-Age and Survivors Insurance Trust Fund and reducing the
amount of any transfers to the Railroad Retirement Account by
the amount of any transfers into such Trust Fund from that
Account.''.
(2) Amendment to seca provisions--Section 1402 of such Code
(relating to definitions) is amended by adding at the end
thereof the following new subsections:
``(k) OASDI Trust Fund Reserve.--The term `OASDI trust fund
reserve', on September 30 of any calendar year, means the sum of--
``(1) the balance in the Federal Old-Age and Survivors
Insurance Trust Fund, as of such date, and
``(2) the balance in the Federal Disability Insurance Trust
Fund, as of such date.
``(l) OASDI Trust Fund Expenditures.--The term `OASDI trust fund
expenditures', during any fiscal year, means the sum of--
``(1) the total amount which was paid from the Federal Old-
Age and Survivors Insurance Trust Fund during such fiscal year
for all purposes authorized by section 201 of the Social
Security Act, but excluding any transfer payments between such
Trust Fund and the Federal Disability Insurance Trust Fund and
reducing the amount of any transfers to the Railroad Retirement
Account by the amount of any transfers into such Trust Fund
from that Account, and
``(2) the total amount which was paid from the Federal
Disability Insurance Trust Fund during such fiscal year for all
purposes authorized by section 201 of such Act, but excluding
any transfer payments between such Trust Fund and the Federal
Old-Age and Survivors Insurance Trust Fund and reducing the
amount of any transfers to the Railroad Retirement Account by
the amount of any transfers into such Trust Fund from that
Account.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to wages received and wages paid during calendar
years after 1993 and self-employment income for taxable years beginning
after December 31, 1993. | Social Security Long-Term Protection Act of 1993 - Amends the Internal Revenue Code to vary the tax rates for the old age, survivors and disability insurance program (title II of the Social Security Act) in 1994 and thereafter, dependent upon the amount in the OASDI trust fund reserve. | {"src": "billsum_train", "title": "Social Security Long-Term Protection Act of 1993"} | 3,016 | 62 | 0.519489 | 1.275812 | 0.821778 | 2.727273 | 50.890909 | 0.909091 |
SECTION 1. RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND
WITHLACOOCHEE STATE FORESTS, FLORIDA.
(a) Release.--The Secretary of Agriculture shall release the
reversionary interests of the United States that were retained by the
United States when the following parcels of real property were conveyed
to the State of Florida:
(1) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Santa Rosa County
to the State of Florida.
(2) The parcel of real property described in a deed dated
April 11, 1957, conveying certain lands in Santa Rosa County to
the State of Florida.
(3) The parcel of real property described in a deed dated
November 4, 1955, conveying certain lands in Okaloosa County to
the State of Florida.
(4) The parcel of real property described in a deed dated
November 26, 1982, conveying certain lands in Citrus, Hernando,
Pasco, and Sumter Counties to the State of Florida.
The reversionary interest to be released under this section requires
that the conveyed lands be used for public purposes and provides for a
reversion of such lands to the United States if at any time they cease
to be used for public purposes.
(b) Legal Description.--The four deeds referred to in subsection
(a) are recorded as follows:
(1) Deed Book 122, Pages 397-437, Santa Rosa County,
Florida.
(2) Deed Book 133, Pages 333-337, Santa Rosa County,
Florida.
(3) Deed Book 121, Pages 511-528, Okaloosa County, Florida.
(4) Official Record Book 610, Pages 1228-1237, Citrus
County, Florida.
(5) Official Record Book 517, Pages 491-500, Hernando
County, Florida.
(6) Official Record Book 269, Pages 126-135, Sumter County,
Florida.
(7) Official Record Book 1240, Pages 1065-1074, Pasco
County, Florida.
(c) Consideration.--As consideration for the release of the
reversionary interests under subsection (a), the State of Florida shall
agree to the following:
(1) All proceeds from the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall be used by the State of Florida for the
acquisition of other lands within or adjacent to the exterior
boundaries of Blackwater River State Forest and Withlacoochee
State Forest, or, with the approval of the Secretary of
Agriculture, for the purchase of the individual mineral
interest of the United States under section 2.
(2) Any lands acquired by the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall become a part of the State forest in which the
acquired lands are located and shall be subject to the
condition that the acquired lands be used for public purposes.
(3) The total land base of such State forests shall not be
reduced below the original acreage of the real property
included in the conveyances described in subsection (a), except
in the case of any lands conveyed at the request of the United
States, and the total land base shall be managed in perpetuity
as State forest land.
(4) All proceeds from the sale, exchange, or other
disposition of the real property subject to the reversionary
interests shall be maintained by the State of Florida in a
separate fund. The record of all transactions involving such
fund shall be open to inspection by the Secretary of
Agriculture.
(d) Additional Terms.--The Secretary of Agriculture may require
such additional terms or conditions in connection with the release of
the reversionary interests under this section as the Secretary
considers appropriate to protect the interests of the United States.
(e) Instrument of Release.--The Secretary of Agriculture shall
execute and file in the appropriate office or offices a deed of
release, amended deed, or other appropriate instrument effectuating the
release of the reversionary interests under this section.
SEC. 2. SALE OF MINERAL RIGHTS.
(a) Sale Authorized.--Upon application by the State of Florida, the
Secretary of the Interior may convey to the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, or to its
designee, all of the individual mineral interests of the United States
in any parcel of real property for which a reversionary interest is
released under section 1.
(b) Consideration.--As consideration for the sale of the mineral
interests of the United States under subsection (a), the State of
Florida shall pay to the United States an amount equal to the fair
market value of such interests, as determined by appraisal or other
method satisfactory to the Secretary of the Interior. | Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes.
Authorizes the Secretary of the Interior to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released. | {"src": "billsum_train", "title": "To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida."} | 1,043 | 123 | 0.566604 | 1.570556 | 0.559496 | 4.282353 | 11.294118 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Vision Rehabilitation
Services Act of 2001''.
SEC. 2. IMPROVEMENT OF OUTPATIENT VISION SERVICES UNDER PART B.
(a) Coverage Under Part B.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and
105(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000, as enacted into law by section 1(a)(6) of
Public Law 106-554, is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(W) vision rehabilitation services (as defined in
subsection (ww)(1));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by sections 102(b) and 105(b) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000, as enacted into law by section 1(a)(6) of Public Law 106-554,
is amended by adding at the end the following new subsection:
``Vision Rehabilitation Services: Vision Rehabilitation Professional
``(ww)(1)(A) The term `vision rehabilitation services' means
rehabilitative services (as determined by the Secretary in regulations)
furnished--
``(i) to an individual diagnosed with a vision impairment
(as defined in paragraph (6)),
``(ii) pursuant to a plan of care established by a
qualified physician (as defined in subparagraph (C)), or by a
qualified occupational therapist, and is periodically reviewed
by the qualified physician,
``(iii) in an appropriate setting (including the home of
the individual receiving such services if specified in the plan
of care), and
``(iv) by any of the following individuals:
``(I) A qualified physician.
``(II) A qualified occupational therapist.
``(III) A vision rehabilitation professional (as
defined in paragraph (2)) while under the general
supervision (as defined in subparagraph (D)) of a
qualified physician.
``(B) In the case of vision rehabilitation services furnished by a
vision rehabilitation professional, the plan of care may only be
established and reviewed by a qualified physician.
``(C) The term `qualified physician' means--
``(i) a physician (as defined in subsection (r)(1)) who is
an ophthalmologist; or
``(ii) a physician (as defined in subsection (r)(4)
(relating to a doctor of optometry)).
``(D) The term `general supervision' means, with respect to a
vision rehabilitation professional, overall direction and control of
that professional by the qualified physician who established the plan
of care for the individual, but the presence of the qualified physician
is not required during the furnishing of vision rehabilitation services
by that professional to the individual.
``(2) The term `vision rehabilitation professional' means any of
the following individuals:
``(A) An orientation and mobility specialist (as defined in
paragraph (3)).
``(B) A rehabilitation teacher (as defined in paragraph
(4)).
``(C) A low vision therapist (as defined in paragraph (5)).
``(3) The term `orientation and mobility specialist' means an
individual who--
``(A) if a State requires licensure or certification of
orientation and mobility specialists, is licensed or certified
by that State as an orientation and mobility specialist;
``(B)(i) holds a baccalaureate or higher degree from an
accredited college or university in the United States (or an
equivalent foreign degree) with a concentration in orientation
and mobility; and
``(ii) has successfully completed 350 hours of clinical
practicum under the supervision of an orientation and mobility
specialist and has furnished not less than 9 months of
supervised full-time orientation and mobility services;
``(C) has successfully completed the national examination
in orientation and mobility administered by the Academy for
Certification of Vision Rehabilitation and Education
Professionals; and
``(D) meets such other criteria as the Secretary
establishes.
``(4) The term `rehabilitation teacher' means an individual who--
``(A) if a State requires licensure or certification of
rehabilitation teachers, is licensed or certified by the State
as a rehabilitation teacher;
``(B)(i) holds a baccalaureate or higher degree from an
accredited college or university in the United States (or an
equivalent foreign degree) with a concentration in
rehabilitation teaching, or holds such a degree in a health field; and
``(ii) has successfully completed 350 hours of clinical
practicum under the supervision of a rehabilitation teacher and
has furnished not less than 9 months of supervised full-time
rehabilitation teaching services;
``(C) has successfully completed the national examination
in rehabilitation teaching administered by the Academy for
Certification of Vision Rehabilitation and Education
Professionals; and
``(D) meets such other criteria as the Secretary
establishes.
``(5) The term `low vision therapist' means an individual who--
``(A) if a State requires licensure or certification of low
vision therapists, is licensed or certified by the State as a
low vision therapist;
``(B)(i) holds a baccalaureate or higher degree from an
accredited college or university in the United States (or an
equivalent foreign degree) with a concentration in low vision
therapy, or holds such a degree in a health field; and
``(ii) has successfully completed 350 hours of clinical
practicum under the supervision of a physician, and has
furnished not less than 9 months of supervised full-time low
vision therapy services;
``(C) has successfully completed the national examination
in low vision therapy administered by the Academy for
Certification of Vision Rehabilitation and Education
Professionals; and
``(D) meets such other criteria as the Secretary
establishes.
``(6) The term `vision impairment' means vision loss that
constitutes a significant limitation of visual capability resulting
from disease, trauma, or a congenital or degenerative condition that
cannot be corrected by conventional means, including refractive
correction, medication, or surgery, and that is manifested by one or
more of the following:
``(A) Best corrected visual acuity of less than 20/60, or
significant central field defect.
``(B) Significant peripheral field defect including
homonymous or heteronymous bilateral visual field defect or
generalized contraction or constriction of field.
``(C) Reduced peak contrast sensitivity in conjunction with
a condition described in subparagraph (A) or (B).
``(D) Such other diagnoses, indications, or other
manifestations as the Secretary may determine to be
appropriate.''.
(c) Payment Under Part B.--
(1) Physician fee schedule.--Section 1848(j)(3) of the
Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by
inserting ``(2)(W),'' after ``(2)(S),''.
(2) Carve out from hospital outpatient department
prospective payment system.--Section 1833(t)(1)(B)(iv) of such
Act (42 U.S.C. 1395l(t)(1)(B)(iv)), as redesignated by section
201(e)(1)(B) of the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 (as enacted into law by section
1000(a)(6) of Public Law 106-113), is amended by inserting
``vision rehabilitation services (as defined in section
1861(ww)(1)), or'' after ``does not include''.
(3) Clarification of billing requirements.--The first
sentence of section 1842(b)(6) of such Act (42 U.S.C.
1395u(b)(6)) is amended--
(A) by striking ``and'' before ``(G)''; and
(B) by inserting before the period the following:
``, and (H) in the case of vision rehabilitation
services (as defined in section 1861(ww)(1)) furnished
by a vision rehabilitation professional (as defined in section
1861(ww)(2)) while under the general supervision (as defined in section
1861(ww)(1)(D)) of a qualified physician (as defined in section
1861(ww)(1)(C)), payment shall be made to (i) the qualified physician
or (ii) the facility (such as a rehabilitation agency, a clinic, or
other facility) through which such services are furnished under the
plan of care if there is a contractual arrangement between the vision
rehabilitation professional and the facility under which the facility
submits the bill for such services''.
(d) Plan of Care.--Section 1835(a)(2) of the Social Security Act
(42 U.S.C. 1395n(a)(2)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) in the case of vision rehabilitation
services, that (i) such services are or were required
because the individual needed vision rehabilitation
services, (ii) an individualized, written plan for
furnishing such services has been established (I) by a
qualified physician (as defined in section
1861(ww)(1)(C)), (II) by a qualified occupational
therapist, or (III) in the case of such services
furnished by a vision rehabilitation professional, by a
qualified physician, (iii) the plan is periodically
reviewed by the qualified physician, and (iv) such
services are or were furnished while the individual is
or was under the care of the qualified physician.''.
(e) Relationship to Rehabilitation Act of 1973.--The provision of
vision rehabilitation services under the medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall not be
taken into account for any purpose under the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.).
(f) Effective Date.--
(1) Interim, final regulations.--The Secretary shall
publish a rule under this section in the Federal Register by
not later than 180 days after the date of the enactment of this
section to carry out the provisions of this section. Such rule
shall be effective and final immediately on an interim basis,
but is subject to change and revision after public notice and
opportunity for a period (of not less than 60 days) for public
comment.
(2) Consultation.--The Secretary shall consult with the
National Vision Rehabilitation Cooperative, the Association for
Education and Rehabilitation of the Blind and Visually
Impaired, the Academy for Certification of Vision
Rehabilitation and Education Professionals, the American
Academy of Ophthalmology, the American Occupational Therapy
Association, the American Optometric Association, and such
other qualified professional and consumer organizations as the
Secretary determines appropriate in promulgating regulations to
carry out this Act. | Medicare Vision Rehabilitation Services Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage of outpatient vision rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to improve outpatient vision services under part B of the Medicare Program."} | 2,584 | 76 | 0.622996 | 1.41996 | 0.76506 | 4.15 | 38.183333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Water Access and Equity
Act''.
SEC. 2. INTERNATIONAL WATER ISSUES DIPLOMATIC COORDINATOR.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) International Water Issues Diplomatic Coordinator.--
``(1) Establishment of position.--There is established
within the Department of State in the immediate office of the
Secretary of State a Coordinator of United States Government
Diplomatic Initiatives to Provide Safe Water and Sanitation
Globally (in this subsection referred to as the `Coordinator'),
who shall be appointed by the President, by and with the advice
and consent of the Senate. The Coordinator shall report
directly to the Secretary.
``(2) Duties.--
``(A) In general.--The Coordinator shall perform
such duties and exercise such powers as the Secretary
of State shall prescribe.
``(B) Specific duties.--
``(i) Advising the secretary of state.--The
Coordinator shall be the Secretary of State's
principal advisor on efforts of the United
States Government to ensure that developing
countries have affordable and equitable access
to safe water and sanitation.
``(ii) Monitoring united states diplomatic
policy.--The Coordinator shall monitor the
diplomatic policy of the United States
Government and shall formulate ways in which
such policy may be used to further the goal of
ensuring that developing countries have access
to safe water and sanitation, including the
objectives expressed in the Senator Paul Simon
Water for the Poor Act of 2005 (22 U.S.C. 2152h
note) and the amendments made by that Act.
``(3) Definition.--For purposes of this subsection, the
term `safe water' means water for drinking, household use, and
crop irrigation.''.
SEC. 3. ADMINISTRATION OF GLOBAL WATER AID.
(a) Bureau for Global Water Aid.--The Senator Paul Simon Water for
the Poor Act of 2005 (22 U.S.C. 2152h note) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following new
section:
``SEC. 11. BUREAU FOR GLOBAL WATER AID.
``(a) Establishment.--There is established within the United States
Agency for International Development a Bureau for Global Water Aid (in
this section referred to as the `Bureau').
``(b) Assistant Administrator.--The Bureau shall be headed by an
Assistant Administrator for Global Water Aid (in this section referred
to as the `Assistant Administrator'), who shall be appointed by the
President, by and with the advice and consent of the Senate. The
Assistant Administrator shall report directly to the Administrator of
the United States Agency for International Development.
``(c) Duties of Assistant Administrator.--The Assistant
Administrator shall be responsible for the oversight and coordination
of all United States Government activities to provide safe water and
sanitation to developing countries, including implementation of this
Act and the amendments made by this Act.
``(d) Staff.--The Bureau shall be staffed by such persons as the
Assistant Administrator considers necessary to carry out the
responsibilities of the Assistant Administrator.''.
(b) Authorization Under the Foreign Assistance Act of 1961.--
(1) Authorization.--Subsection (b) of the second section
135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h(b)),
as added by section 5(a) of the Senator Paul Simon Water for
the Poor Act of 2005 (22 U.S.C. 2152h note), is amended by
inserting after ``the President'' the following: ``, acting
through the Assistant Administrator for Global Water Aid,''.
(2) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(e) Definition.--For purposes of this section, the term `safe
water' means water for drinking, household use, and crop irrigation.''.
(3) Redesignation and conforming amendments.--
(A) Redesignation.--Chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended by redesignating the second section 135 (22
U.S.C. 2152h), as added by section 5(a) of the Senator
Paul Simon Water for the Poor Act of 2005 (22 U.S.C.
2152h note), as section 136.
(B) Conforming amendments.--The Senator Paul Simon
Water for the Poor Act of 2005 (22 U.S.C. 2152h note)
is amended by striking ``section 135'' each place it
appears and inserting ``section 136''.
(c) Authorization Under the Agricultural Trade Development and
Assistance Act of 1954.--Section 104(c)(9) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1704(c)(9)) is
amended--
(1) by striking ``section 135'' and inserting ``section
136''; and
(2) by adding at the end the following new sentence: ``For
purposes of this paragraph, the term `safe water' means water
for drinking, household use, and crop irrigation.''.
(d) Division of Responsibility Under the Senator Paul Simon Water
for the Poor Act of 2005.--
(1) Safe water and sanitation strategy.--Section 6 of the
Senator Paul Simon Water for the Poor Act of 2005 (22 U.S.C.
2152h note) is amended--
(A) in subsection (c), by striking ``Secretary of
State, acting through the Administrator of the United
States Agency for International Development,'' and
inserting ``Administrator of the United States Agency
for International Development'';
(B) in subsection (g)--
(i) in paragraph (2)(A), by striking
``Secretary of State'' and inserting
``Administrator of the United States Agency for
International Development''; and
(ii) in paragraph (3)(A), by striking
``Committee on International Relations'' and
inserting ``Committee on Foreign Affairs''; and
(C) by adding at the end the following new
subsection:
``(h) Definition.--For purposes of this Act, the term `safe water'
means water for drinking, household use, and crop irrigation.''.
(2) Sense of congress regarding development of local
capacity.--Section 8 of such Act (22 U.S.C. 2152h note) is
amended by striking ``Secretary of State'' and inserting
``Administrator of the United States Agency for International
Development''.
(3) Report regarding water for peace and security.--Section
10(b) of such Act (22 U.S.C. 2152h note) is amended--
(A) by striking ``The Secretary of State, in
consultation with the Administrator of the United
States Agency for International Development,'' and
inserting ``The Administrator of the United States
Agency for International Development, in consultation
with the Secretary of State,''; and
(B) by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign
Affairs''.
(4) Further division of responsibility.--Such Act (22
U.S.C. 2152h note) is further amended--
(A) by redesignating section 12 (as redesignated by
subsection (a) of this section) as section 13; and
(B) by inserting after section 11 the following new
section:
``SEC. 12. DIVISION OF RESPONSIBILITY.
``(a) Coordination.--In overseeing and coordinating United States
Government activities to provide safe water and sanitation to
developing countries, the Administrator of the United States Agency for
International Development shall coordinate with the Secretary of State
to ensure that the manner of carrying out such activities is consistent
with the overall diplomatic policy of the United States. The Secretary
of State shall, to the maximum extent feasible, make such activities a
priority of the diplomatic policy of the United States.
``(b) Rule of Construction.--For purposes of sections 6 through 10
and subsection (a) of this section--
``(1) any reference to the Secretary of State shall be
deemed to be a reference to the Secretary of State, acting
through the Coordinator of United States Government Diplomatic
Initiatives to Provide Safe Water and Sanitation Globally,
established by section 1(g) of the State Department Basic
Authorities Act of 1956; and
``(2) any reference to the Administrator of the United
States Agency for International Development shall be deemed to
be a reference to the Administrator of the United States Agency
for International Development, acting through the Assistant
Administrator for Global Water Aid, established by section 11
of this Act.''.
SEC. 4. SENSE OF CONGRESS ON PROMOTION OF EFFICIENT USE OF WATER.
It is the sense of Congress that the policy of the United States
Government should promote more efficient use of existing water supplies
in developing countries (including through superior methods of
irrigation), as well as the development of additional reliable water
supplies.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for each
of the fiscal years 2012 through 2016 such sums as may be necessary to
carry out this Act and the amendments made by this Act.
(b) Other Amounts.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be in addition
to the amounts otherwise available to carry out this Act and the
amendments made by this Act.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are authorized to
remain available until expended. | Global Water Access and Equity Act - Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State a Coordinator of United States Government Diplomatic Initiatives to Provide Safe Water and Sanitation Globally, who shall be appointed by the President, by and with the advice and consent of the Senate.
Directs the Coordinator to: (1) be the Secretary of State's principal advisor on efforts to ensure that developing countries have affordable and equitable access to safe water and sanitation; and (2) monitor U.S. diplomatic policy and formulate ways in which such policy may be used to further the goal of ensuring that developing countries have access to safe water and sanitation, including the objectives expressed in the Senator Paul Simon Water for the Poor Act of 2005.
Amends the Senator Paul Simon Water for the Poor Act of 2005 to establish within the United States Agency for International Development (USAID) a Bureau for Global Water Aid which shall be responsible for the oversight and coordination of all activities to provide safe water and sanitation to developing countries.
Expresses the sense of Congress that U.S. policy should promote more efficient use of existing water supplies in developing countries, as well as the development of additional reliable water supplies. | {"src": "billsum_train", "title": "To improve efforts of the United States Government to ensure that developing countries have affordable and equitable access to safe water and sanitation, and for other purposes."} | 2,241 | 250 | 0.720451 | 2.015154 | 0.858134 | 6.034483 | 8.435345 | 0.956897 |
SECTION 1. OPPORTUNITY FOR PERSONS WHO ENLISTED BETWEEN JANUARY 1,
1977, AND JUNE 30, 1985, TO ENROLL IN ALL-VOLUNTEER FORCE
EDUCATIONAL ASSISTANCE PROGRAM.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding after section 3018B the following new section:
``Sec. 3018C. Opportunity for persons who enlisted between January 1,
1977, and June 30, 1985, to enroll
``(a) Notwithstanding any other provision of law, the Secretary of
Defense shall, subject to the availability of appropriations, allow an
individual who--
``(1) is an eligible veteran for purposes of chapter 32;
``(2) is serving on active duty on the date of enactment of
this section and is discharged or released therefrom with an
honorable discharge;
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education
leading to a standard college degree; and
``(4) before being discharged or released from active duty
as described in paragraph (2), elects to receive assistance
under this section or, in the case of any individual enrolled
in the educational benefits program provided by chapter 32,
makes an irrevocable election to receive benefits under this
section in lieu of benefits under such chapter 32, pursuant to
procedures which the Secretary of each military department
shall provide in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this
section or which the Secretary of Transportation shall provide
for such purpose with respect to the Coast Guard when it is not
operating as a service in the Navy;
to become entitled to basic educational assistance under this chapter.
``(b)(1) Except as provided in paragraph (2), the basic pay of an
individual who makes an election under subsection (a) to become
entitled to basic educational assistance under this chapter shall be
reduced by $1,200.
``(2) In the case that the Secretary of Defense determines that it
is not administratively feasible to reduce the basic pay of an
individual for the purposes of paragraph (1), such Secretary shall
collect $1,200 from the individual, which shall be paid into the
Treasury of the United States as miscellaneous receipts.
``(3) No payment of basic educational assistance under this chapter
shall be made to an individual allowed to become entitled to such
assistance under this section whose basic pay has not been reduced as
provided in paragraph (1) or who has not paid the Secretary of Defense
in accordance with paragraph (2).
``(c)(1) Except as provided in paragraph (3) of this subsection, an
individual who is enrolled in the educational benefits program provided
by chapter 32 and who makes the election described in subsection (a)(4)
shall be disenrolled from such chapter 32 program as of the date of
such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall refund--
``(A) as provided in section 3223(b), to the individual the
unused contributions made by the individual to the Post-Vietnam
Era Veterans Education Account established pursuant to section
3222(a); and
``(B) to the Secretary of Defense the unused contributions
(other than contributions made under section 3222(c)) made by
such Secretary to the Account on behalf of such individual.
``(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to section 3222(c)
on behalf of any individual referred to in paragraph (1) of this
subsection shall remain in such Account to make payments of benefits to
such individual under section 3015(f) of this chapter.''.
(b) Conforming Amendments.--(1) The table of sections at the
beginning of chapter 30 of such title is amended by inserting after the
item relating to section 3018B the following new item:
``3018C. Opportunity for persons who enlisted between January 1, 1977,
and June 30, 1985, to enroll.''.
(2) Section 3013(e) of such title is amended by striking out ``or
3018B'' and inserting in lieu thereof ``, 3018B, or 3018C''.
(3) Section 3015(f) of such title is amended by inserting ``,
3018B, or 3018C'' after ``section 3018A''.
(4) Section 3035(b) of such title is amended--
(A) in paragraph (3) in the matter preceding subparagraph
(A), by striking out ``or 3018B'' and inserting in lieu thereof
``, 3018B, or 3018C''; and
(B) in paragraph (3)(C), by striking out ``3015(e)'' and
inserting in lieu thereof ``3015(f)''. | Allows individuals who enlisted in the armed forces between January 1, 1977, and June 30, 1985, who are serving on active duty upon the enactment of this Act and are later honorably discharged or released, who have completed the requirements for a secondary diploma or at least 12 semester hours leading to a standard college degree, and who, before such discharge or release, make the appropriate election, to enroll and participate in the All-Volunteer Force educational assistance program. Requires a basic pay reduction of $1,200 for participation in the program. Provides for a pro rata refund of an appropriate amount for any educational assistance unused by members disenrolling from the program. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide an opportunity for those service members on active duty who enlisted between January 1, 1977, and June 30, 1985, to enroll in the All-Volunteer Force Educational Assistance Program."} | 1,068 | 152 | 0.552919 | 1.47245 | 0.672309 | 2.171875 | 7.851563 | 0.78125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Accountability and Innovative
Research Drug Pricing Act of 2017''.
SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND
``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES.
``(a) Definitions.--In this section:
``(1) Manufacturer.--The term `manufacturer' means the
person--
``(A) that holds the application for a drug
approved under section 505 of the Federal Food, Drug,
and Cosmetic Act or the license issued under section
351 of the Public Health Service Act; or
``(B) who is responsible for setting the price for
the drug.
``(2) Qualifying drug.--The term `qualifying drug' means
any drug that is approved under subsection (c) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act or
licensed under subsection (a) or (k) of section 351 of this
Act--
``(A) that has a wholesale acquisition cost of $100
or more per month supply, or per a course of treatment
that lasts less than a month, and is--
``(i)(I) subject to section 503(b)(1) of
the Federal Food, Drug, and Cosmetic Act; or
``(II) commonly administered by hospitals
(as determined by the Secretary);
``(ii) not designated as a drug for a rare
disease or condition under section 526 of the
Federal Food, Drug, and Cosmetic Act; and
``(iii) not designated by the Secretary as
a vaccine; and
``(B) for which, during the previous calendar year,
at least 1 dollar of the total amount of sales were for
individuals enrolled under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or under a State Medicaid plan under title XIX
of such Act (42 U.S.C. 1396 et seq.) or under a waiver
of such plan.
``(3) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).
``(b) Report.--
``(1) Report required.--The manufacturer of a qualifying
drug shall submit a report to the Secretary for each price
increase of a qualifying drug that will result in an increase
in the wholesale acquisition cost of that drug that is equal
to--
``(A) 10 percent or more over a 12-month period; or
``(B) 25 percent or more over a 36-month period.
``(2) Report deadline.--Each report described in paragraph
(1) shall be submitted to the Secretary not later than 30 days
prior to the planned effective date of such price increase.
``(c) Contents.--A report under subsection (b) shall, at a minimum,
include--
``(1) with respect to the qualifying drug--
``(A) the percentage by which the manufacturer will
raise the wholesale acquisition cost of the drug on the
planned effective date of such price increase;
``(B) a justification for, and description of, each
manufacturer's price increase that occurred during the
12-month period described in subsection (b)(1)(A) or
the 36-month period described in subsection (b)(1)(B),
as applicable;
``(C) the identity of the initial developer of the
drug;
``(D) a description of the history of the
manufacturer's price increases for the drug since the
approval of the application for the drug under section
505 of the Federal Food, Drug, and Cosmetic Act or the
issuance of the license for the drug under section 351,
or since the manufacturer acquired such approved
application or license;
``(E) the current list price of the drug;
``(F) the total expenditures of the manufacturer
on--
``(i) materials and manufacturing for such
drug; and
``(ii) acquiring patents and licensing for
such drug;
``(G) the percentage of total expenditures of the
manufacturer on research and development for such drug
that was derived from Federal funds;
``(H) the total expenditures of the manufacturer on
research and development for such drug that is used
for--
``(i) basic and preclinical research;
``(ii) clinical research;
``(iii) new drug development;
``(iv) pursuing new or expanded indications
for such drug through supplemental applications
under section 505 of the Federal Food, Drug,
and Cosmetic Act; and
``(v) carrying out postmarket requirements
related to such drug, including those under
section 505(o)(3) of such Act;
``(I) the total revenue and the net profit
generated from the qualifying drug for each calendar
year since the approval of the application for the drug
under section 505 of the Federal Food, Drug, and
Cosmetic Act or the issuance of the license for the
drug under section 351, or since the manufacturer
acquired such approved application or license; and
``(J) the total costs associated with marketing and
advertising for the qualifying drug;
``(2) with respect to the manufacturer--
``(A) the total revenue and the net profit of the
manufacturer for the 12-month period described in
subsection (b)(1)(A) or the 36-month period described
in subsection (b)(1)(B), as applicable;
``(B) all stock-based performance metrics used by
the manufacturer to determine executive compensation
for the 12-month period described in subsection
(b)(1)(A) or the 36-month period described in
subsection (b)(1)(B), as applicable; and
``(C) any additional information the manufacturer
chooses to provide related to drug pricing decisions,
such as total expenditures on--
``(i) drug research and development; or
``(ii) clinical trials on drugs that failed
to receive approval by the Food and Drug
Administration; and
``(3) such other related information as the Secretary
considers appropriate.
``(d) Civil Penalty.--Any manufacturer of a qualifying drug that
fails to submit a report for the drug as required by this section shall
be subject to a civil penalty of $100,000 for each day on which the
violation continues.
``(e) Public Posting.--
``(1) In general.--Subject to paragraph (3), not later than
30 days after the submission of a report under subsection (b),
the Secretary shall post the report on the public Web site of
the Department of Health and Human Services.
``(2) Format.--In developing the format of such report for
public posting, the Secretary shall consult stakeholders,
including beneficiary groups, and shall seek feedback on the
content and format from consumer advocates and readability
experts to ensure such public reports are user-friendly to the
public and are written in plain language that consumers can
readily understand.
``(3) Trade secrets and confidential information.--In
carrying out this section the Secretary shall enforce current
law concerning the protection of confidential commercial
information and trade secrets.''.
``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS.
``The Secretary shall collect the civil penalties under section
399OO, in addition to any other amounts available, and without further
appropriation, and shall use such funds to carry out activities
described in this part and to improve consumer and provider information
about drug value and drug price transparency.
``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS.
``(a) In General.--Subject to subsection (b), the Secretary shall
submit to Congress, and post on the public Web site of the Department
of Health and Human Services in a way that is easy to find, use, and
understand, an annual report--
``(1) summarizing the information reported pursuant to
section 399OO; and
``(2) including copies of the reports and supporting
detailed economic analyses submitted pursuant to such section.
``(b) Trade Secrets and Confidential Information.--In carrying out
this section the Secretary shall enforce current law concerning the
protection of confidential commercial information and trade secrets.''. | Fair Accountability and Innovative Research Drug Pricing Act of 2017 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products with a wholesale cost of $100 or more per month to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the cost of a drug over a 12-month period or a 25% or more increase over a 36-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Reports must contain specified information including pricing history and a justification for each price increase in the relevant period. Manufacturers that do not submit a required report are subject to a civil penalty. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses. | {"src": "billsum_train", "title": "Fair Accountability and Innovative Research Drug Pricing Act of 2017"} | 1,905 | 225 | 0.544477 | 1.457361 | 0.661928 | 2.650485 | 8.597087 | 0.864078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Cyber Protection Act
of 2015''.
SEC. 2. STATE AND LOCAL COORDINATION ON CYBERSECURITY WITH THE NATIONAL
CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.
(a) In General.--The second section 226 of the Homeland Security
Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and
communications integration center) is amended by adding at the end the
following new subsection:
``(g) State and Local Coordination on Cybersecurity.--
``(1) In general.--The Center shall, to the extent
practicable--
``(A) assist State and local governments, upon
request, in identifying information system
vulnerabilities;
``(B) assist State and local governments, upon
request, in identifying information security
protections commensurate with cybersecurity risks and
the magnitude of the potential harm resulting from the
unauthorized access, use, disclosure, disruption,
modification, or destruction of--
``(i) information collected or maintained
by or on behalf of a State or local government;
or
``(ii) information systems used or operated
by an agency or by a contractor of a State or
local government or other organization on
behalf of a State or local government;
``(C) in consultation with State and local
governments, provide and periodically update via a web
portal tools, products, resources, policies,
guidelines, and procedures related to information
security;
``(D) work with senior State and local government
officials, including State and local Chief Information
Officers, through national associations to coordinate a
nationwide effort to ensure effective implementation of
tools, products, resources, policies, guidelines, and
procedures related to information security to secure
and ensure the resiliency of State and local
information systems;
``(E) provide, upon request, operational and
technical cybersecurity training to State and local
government and fusion center analysts and operators to
address cybersecurity risks or incidents;
``(F) provide, in coordination with the Chief
Privacy Officer and the Chief Civil Rights and Civil
Liberties Officer of the Department, privacy and civil
liberties training to State and local governments
related to cybersecurity;
``(G) provide, upon request, operational and
technical assistance to State and local governments to
implement tools, products, resources, policies,
guidelines, and procedures on information security by--
``(i) deploying technology to assist such
State or local government to continuously
diagnose and mitigate against cyber threats and
vulnerabilities, with or without reimbursement;
``(ii) compiling and analyzing data on
State and local information security; and
``(iii) developing and conducting targeted
operational evaluations, including threat and
vulnerability assessments, on the information
systems of State and local governments;
``(H) assist State and local governments to develop
policies and procedures for coordinating vulnerability
disclosures, to the extent practicable, consistent with
international and national standards in the information
technology industry, including standards developed by
the National Institute of Standards and Technology; and
``(I) ensure that State and local governments, as
appropriate, are made aware of the tools, products,
resources, policies, guidelines, and procedures on
information security developed by the Department and
other appropriate Federal departments and agencies for
ensuring the security and resiliency of Federal
civilian information systems.
``(2) Training.--Privacy and civil liberties training
provided pursuant to subparagraph (F) of paragraph (1) shall
include processes, methods, and information that--
``(A) are consistent with the Department's Fair
Information Practice Principles developed pursuant to
section 552a of title 5, United States Code (commonly
referred to as the `Privacy Act of 1974' or the
`Privacy Act');
``(B) reasonably limit, to the greatest extent
practicable, the receipt, retention, use, and
disclosure of information related to cybersecurity
risks and incidents associated with specific persons
that is not necessary, for cybersecurity purposes, to
protect an information system or network of information
systems from cybersecurity risks or to mitigate
cybersecurity risks and incidents in a timely manner;
``(C) minimize any impact on privacy and civil
liberties;
``(D) provide data integrity through the prompt
removal and destruction of obsolete or erroneous names
and personal information that is unrelated to the
cybersecurity risk or incident information shared and
retained by the Center in accordance with this section;
``(E) include requirements to safeguard cyber
threat indicators and defensive measures retained by
the Center, including information that is proprietary
or business-sensitive that may be used to identify
specific persons from unauthorized access or
acquisition;
``(F) protect the confidentiality of cyber threat
indicators and defensive measures associated with
specific persons to the greatest extent practicable;
and
``(G) ensure all relevant constitutional, legal,
and privacy protections are observed.''.
(b) Congressional Oversight.--Not later than 2 years after the date
of the enactment of this Act, the national cybersecurity and
communications integration center of the Department of Homeland
Security shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate information on the activities and
effectiveness of such activities under subsection (g) of the second
section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148;
relating to the national cybersecurity and communications integration
center), as added by subsection (a) of this section, on State and local
information security. The center shall seek feedback from State and
local governments regarding the effectiveness of such activities and
include such feedback in
the information required to be provided under this subsection.
Passed the House of Representatives December 10, 2015.
Attest:
KAREN L. HAAS,
Clerk. | State and Local Cyber Protection Act of 2015 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security's (DHS's) national cybersecurity and communications integration center (NCCIC) to assist state and local governments with cybersecurity by: upon request, identifying system vulnerabilities and information security protections to address unauthorized access, use, disclosure, disruption, modification, or destruction of information collected or maintained by, or information systems used or operated by, state or local governments or other organizations or contractors on their behalf; providing via a web portal updated resources and guidelines related to information security; coordinating through national associations to implement information security tools and policies to ensure the resiliency of state and local information systems; providing training on cybersecurity, privacy, and civil liberties; providing requested technical assistance to deploy technology that continuously diagnoses and mitigates cyber threats and to conduct threat and vulnerability assessments; coordinating vulnerability disclosures under standards developed by the National Institute of Standards and Technology; and ensuring that state and local governments are aware of DHS resources and other federal tools to ensure the security and resiliency of federal civilian information systems. The NCCIC's privacy and civil liberties training must include: (1) reasonable limits on the receipt, retention, use, and disclosure of information associated with specific persons that is not necessary for cybersecurity purposes; (2) data integrity standards requiring the prompt removal and destruction of obsolete or erroneous names and personal information that is unrelated to the risk or incident information; and (3) safeguards and confidentiality protections for cyber threat indicators and defensive measures, including information that is proprietary or business-sensitive that may be used to identify specific persons from unauthorized access or acquisition. The NCCIC must seek feedback from state and local governments on the effectiveness of such activities and provide such information to Congress. | {"src": "billsum_train", "title": "State and Local Cyber Protection Act of 2015"} | 1,249 | 418 | 0.669561 | 2.16583 | 0.93754 | 3.543103 | 3.502874 | 0.887931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Private Investment
Corporation Amendments Act of 2003''.
SEC. 2. ISSUING AUTHORITY.
Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(2)) is amended by striking ``November 1, 2000'' and inserting
``2007''.
SEC. 3. TECHNICAL CORRECTIONS.
(a) Administrative Costs.--Section 235(a)(1)(B) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(1)(B)) is amended by striking
``subsidy cost'' and inserting ``subsidy and administrative costs''.
(b) Noncredit Account Revolving Fund.--Section 235(c) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2195(c)) is amended--
(1) in the first sentence--
(A) by striking ``an insurance and guaranty fund,
which shall have separate accounts to be known as the
Insurance Reserve and the Guaranty Reserve, which
reserves'' and inserting ``a noncredit account
revolving fund, which''; and
(B) by striking ``such reserves have'' and
inserting ``of the fund has'';
(2) by striking the third sentence; and
(3) in the last sentence, by striking ``reserves'' and
inserting ``fund''.
(c) Payments to Discharge Liabilities.--Section 235(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2195(d)) is amended--
(1) in the first sentence, by striking ``Insurance Reserve,
as long as such reserve'' and inserting ``noncredit account
revolving fund, as long as such fund''; and
(2) in the second sentence, by striking ``or under similar
predecessor guaranty authority'' and all that follows through
``subsection (f) of this section'' and inserting ``or 234(c)
shall be paid in accordance with the Federal Credit Reform Act
of 1990''.
(d) Authorization of Appropriations.--Section 235(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(f)) is amended--
(1) in the first sentence, by striking ``insurance and
guaranty fund'' and inserting ``noncredit account revolving
fund''; and
(2) by striking ``Insurance Reserve'' each place it appears
and inserting ``noncredit account revolving fund''.
(e) Board of Directors.--Section 233(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2193(b)) is amended in the second paragraph--
(1) by striking ``officials'' and inserting ``principal
officers'';
(2) by inserting ``whose duties relate to the programs of
the Corporation'' after ``Government of the United States'';
and
(3) by striking ``an official'' and inserting ``one such
officer''.
SEC. 4. INVESTMENT INSURANCE.
(a) Expropriation or Confiscation.--Section 234(a)(1)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2194(a)(1)(B)) is amended by
inserting ``or any political subdivision thereof'' after
``government''.
(b) Definition of Expropriation.--Section 238(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2198(b)) is amended by inserting ``,
a political subdivision of a foreign government, or a corporation owned
or controlled by a foreign government,'' after ``government''.
SEC. 5. LOCAL CURRENCY GUARANTY.
(a) Local Currency Guaranty.--Section 234 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2194) is amended by adding at the end the
following:
``(h) Local Currency Guaranties for Eligible Investors.--To issue
to--
``(1) eligible investors, or
``(2) local financial institutions,
guaranties, denominated in currencies other than United States dollars,
of loans and other investments made to projects sponsored by or
significantly involving eligible investors, assuring against loss due
to such risks and upon such terms and conditions as the Corporation may
determine, for projects that the Corporation determines to have
significant developmental effects or as the Corporation determines to
be necessary or appropriate to carry out the purposes of this title.''.
(b) Definition of Local Financial Institution.--Section 238 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2198) is amended--
(1) in subsection (d), by striking ``and'' after the
semicolon;
(2) in subsection (f), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(g) the term `local financial institution'--
``(1) means any bank or financial institution that
is organized under the laws of any country or area in
which the Corporation operates; but
``(2) does not include a branch, however organized,
of a bank or other financial institution that is
organized under the laws of a country in which the
Corporation does not operate.''.
SEC. 6. OUTREACH TO MINORITY- AND WOMEN-OWNED BUSINESSES.
(a) In General.--Section 240 of the Foreign Assistance Act of 1961
(22 U.S.C. 2200) is amended--
(1) in the first sentence, by striking ``The Corporation''
and inserting
``(a) In General.--The Corporation''; and
(2) by adding at the end the following:
``(b) Outreach to Minority-Owned and Women-Owned Businesses.--The
Corporation shall collect data on the involvement of minority- and
women-owned businesses in projects supported by the Corporation,
including--
``(1) the amount of insurance and financing provided by the
Corporation to such businesses in connection with projects
supported by the Corporation; and
``(2) to the extent such information is available, the
involvement of such businesses in procurement activities
conducted or supported by the Corporation.
The Corporation shall include, in its annual report submitted to the
Congress under section 240A, the aggregate data collected under this
paragraph, in such form as to quantify the effectiveness of the
Corporation's outreach activities to minority- and women-owned
businesses.''. | Overseas Private Investment Corporation Amendments Act of 2003 - (Sec. 2) Amends the Foreign Assistance Act of 1961 to continue through FY 2007 the authority of the Overseas Private Investment Corporation (OPIC) to issue investment insurance and guaranties.
(Sec. 3) Authorizes OPIC to make transfers from its noncredit activities to pay for administrative costs of its investment guaranties and direct loan programs as well as (under current law) to pay for their subsidy costs.
Changes to a noncredit account revolving fund in the Treasury the current insurance and guaranty fund, with its separate Insurance Reserve and Guaranty Reserve accounts, hereby abolished.
Revises requirements for the OPIC Board of Directors to require the seven U.S. Government directors to be principal officers (currently, officials) whose duties relate to OPIC programs.
(Sec. 4) Extends OPIC investment insurance coverage to loss of investment in an approved project due to expropriation or confiscation by any political subdivision of, or a corporation owned or controlled by, a foreign government (currently, expropriation or confiscation only by the foreign government itself).
(Sec. 5) Authorizes OPIC to issue loan guaranties: (1) denominated in currencies other than U.S. dollars (local currencies); and (2) to local financial institutions, that is, any bank or financial institution organized under the laws of any country or area in which the OPIC operates, but excluding a branch, however organized, of a bank or other financial institution organized under the laws of a country in which OPIC does not operate.
(Sec. 6) Directs OPIC to collect and report annually to Congress about data on the involvement of minority- and women-owned businesses in OPIC-supported projects, including: (1) the amount of insurance and financing provided by OPIC to such businesses; and (2) the involvement of such businesses in OPIC-conducted and -supported procurement activities (to the extent such information is available). | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to reauthorize the Overseas Private Investment Corporation, and for other purposes."} | 1,545 | 470 | 0.519025 | 1.778231 | 0.775611 | 2.94086 | 3.370968 | 0.844086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Enhancement for Education in
College Act''.
SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER
EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.
(a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii), and by adding at the end
the following:
``(iii) expenses paid or incurred for the
purchase of any computer technology or
equipment (as defined in section
170(e)(6)(F)(i)) or Internet access and related
services, if such technology, equipment, or
services are to be used primarily by the
designated beneficiary while enrolled at an
eligible educational institution.
Clause (iii) shall not include expenses for computer
software designed for sports, games, or hobbies unless
the software is predominantly educational in nature.''.
(b) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2010.
SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `qualified savings
contribution' includes the amount of any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the taxpayer has the power to
authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the taxpayer, the
taxpayer's spouse, or an individual with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the taxpayer's
gross income for the taxable year, and
``(ii) the amount excluded from the
taxpayer's gross income under section 112
(relating to combat pay) for such year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as a qualified savings
contribution by reason of subparagraph (A), adjusted
gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any)
of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(b) Conforming Amendments.--
(1) Section 25B of such Code is amended by striking
``qualified retirement savings'' each place it appears in the
text and inserting ``qualified savings''.
(2) The subsection heading for section 25B(d) of such Code
is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2009.
SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS.
(a) In General.--Paragraph (4) of section 529(b) of the Internal
Revenue Code of 1986 (relating to investment direction) is amended by
striking the period at the end and inserting ``more frequently than 2
times per calendar year.''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2008. | Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs; (2) allow a tax credit for contributions to such programs; and (3) allow limited direction of investment of contributions or earnings in a qualified tuition program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes."} | 1,170 | 70 | 0.51671 | 1.212541 | 0.931812 | 2.191176 | 15.25 | 0.808824 |
SECTION 1. FOREIGN COMPANIES CARRYING ON INSURANCE BUSINESS OF THE
INTERNAL REVENUE CODE OF 1986.
(a) Treatment of Effectively Connected Net Investment Income of
Insurance Companies.--
(1) In general.--Subsection (b) of section 842 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (6), (7), (8),
and (9), respectively, and by striking out paragraph (1) and
inserting the following new paragraphs:
``(1) Recomputation of net investment income.--Each foreign
company taxable under part I or II of this subchapter shall
recompute its effectively connected net investment income for
any taxable year beginning after December 31, 1987 (hereafter
in this subsection referred to as the `recomputed year') by
making the adjustments specified in paragraph (2) for the
second succeeding taxable year (hereafter in the subsection
referred to as the `adjustment year').
``(2) Adjustments.--
``(A) Increase where recomputed amount greater.--
If--
``(i) the recomputed effectively connected
net investment income for the recomputed year,
exceeds
``(ii) the effectively connected net
investment income for such year (determined
without regard to this subsection),
such excess shall increase the effectively connected
net investment income for the adjustment year.
``(B) Decrease where recomputed amount lesser.--
If--
``(i) the effectively connected net
investment income for the recomputed year
(determined without regard to this subsection),
exceeds
``(ii) the recomputed effectively connected
net investment income for such year,
such excess shall reduce the effectively connected net
investment income for the adjustment year.
``(C) Interest on adjustments.--The foreign company
shall pay (or be entitled to receive) interest in the
amount which would have been computed under chapter 67
on the underpayment or overpayment (as the case may be)
which would have resulted if the adjustment under
subparagraph (A) or (B) (whichever applies) were made
for the recomputed year.
``(3) Recomputed effectively connected net investment
income.--For purposes of this subsection, the term `recomputed
effectively connected net investment income' means the greater
of--
``(A) the cumulative effectively connected net
investment income (determined without regard to this
subsection) for the recomputed year and all preceding
taxable years beginning after December 31, 1987, or
``(B) the cumulative minimum effectively connected
net investment income for the recomputed year and such
preceding taxable years,
reduced by the amount of the cumulative recomputed effectively
connected net investment income determined under this
subsection for such preceding taxable years.
``(4) Minimum effectively connected net investment
income.--For purposes of this subsection, the term `minimum
effectively connected net investment income' means, with
respect to any taxable year, the product of--
``(A) the required United States assets of the
foreign company, and
``(B) the domestic investment yield applicable to
such company for such taxable year.
``(5) Effectively connected net investment income.--For
purposes of this subsection, the term `effectively connected
net investment income' means the net investment income which is
effectively connected with the conduct of an insurance business
within the United States.''
(2) Conforming amendments.--
(A) Paragraph (7) of section 842(b) of such Code,
as redesignated by subsection (a), is amended by
striking ``paragraph (1)(B)'' and inserting ``paragraph
(4)(B)''.
(B) Subparagraph (A) of section 842(b)(8) of such
Code, as redesignated by subsection (a), is amended by
striking ``paragraph (1)(B)'' and inserting ``paragraph
(4)(B)''.
(C) Paragraph (3) of section 842(c) of such Code is
amended to read as follows:
``(3) Adjustment of limitation on deduction for
policyholder dividends in the case of foreign mutual life
insurance companies.--For purposes of section 809, the equity
base of any foreign mutual life insurance company as of the
close of any adjustment year shall be increased by the excess
of--
``(A) the required United States assets of the
company for the second preceding taxable year
(determined under subsection (b)(6)), over
``(B) the mean of the assets held in the United
States during the second preceding taxable year.''
(D) Paragraph (4) of section 842(c) of such Code is
amended to read as follows:
``(4) Data used in determining domestic asset/liability
percentages and domestic investment yields.--Each domestic
asset/liability percentage, and each domestic investment yield,
for any taxable year shall be based on representative tax
return data with respect to domestic insurance companies for
such taxable year (or where such data is unavailable, such
representative data as the Secretary considers appropriate).''
(b) Effective Date.--The amendments made by this section shall
apply as if included in the provision of the Omnibus Budget
Reconciliation Act of 1987 to which they relate. | Amends the Internal Revenue Code to revise provisions determining the effectively connected net investment income of foreign companies carrying on insurance business in the United States. Requires such companies to recompute their effectively connected net investment income for taxable years beginning after December 31, 1997. Provides for increases (or decreases, as appropriate) in such income where the recomputed amount exceeds (or is less than) the income for the recomputed year. Requires payment (or receipt) of interest on the underpayment (or overpayment) of adjusted amounts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 with respect to the treatment of effectively connected investment income of insurance companies."} | 1,187 | 126 | 0.635889 | 1.790176 | 0.546112 | 2.626263 | 10.858586 | 0.828283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Receipt Act of 2013''.
SEC. 2. PROVISION OF TAXPAYER RECEIPT.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. TAXPAYER RECEIPT.
``(a) In General.--Not later than the end of the first fiscal
quarter of the first fiscal year which begins after the 1-year period
beginning on the date of the enactment of this section, and annually
thereafter, the Secretary shall provide via United States mail a Tax
Receipt to each taxpayer (other than a trust, estate, partnership, or
corporation) who made a return with respect to income taxes under
chapter 1 for the preceding taxable year and for whom a current mailing
address can be determined through such methods as the Secretary
determines to be appropriate.
``(b) Tax Receipt.--For purposes of this section, each Tax Receipt
shall--
``(1) state the amount of taxes paid by the filer (even if
$0), the filer's filing status, earned income, and taxable
income, the filer's tax bracket expressed as a percentage, the
average amount of tax paid by taxpayers in the filer's tax
bracket, and a summary of current tax brackets,
``(2) contain a table listing--
``(A) each of the spending categories described in
subsection (c),
``(B) with respect to each spending category
described in subsection (c)--
``(i) the total Federal outlays for the
fiscal year ending in the preceding taxable
year, the dollar amount of each such category,
and each such category's percentage of the
total Federal outlays,
``(ii) the ratio (expressed as a
percentage) which bears the same percentage of
the taxpayer's income tax liability for the
preceding taxable year to such category as the
ratio that such category bears to the total of
the spending categories described in subsection
(c) for the fiscal year ending in the preceding
taxable year,
``(iii) the proportional amount (expressed
in dollars) of the taxpayer's income tax
liability spent on that category, and
``(iv) the percentage change the results
under clauses (ii) and (iii) are from the
preceding year (expressed in positives and
negatives),
``(3) contain a table listing--
``(A) the 10 most costly tax expenditures
(determined for the fiscal year ending in the preceding
taxable year),
``(B) the cost (expressed in dollars) of each such
tax expenditure, and
``(C) a clear and brief description of each such
tax expenditure that best enables the recipient to
understand the tax expenditure's purpose and function,
``(4) include any additional information or summaries that
will help the recipient best understand how their individual
taxes are spent, providing context for the current government
tax structure, and the budgetary situation of the United Sates,
``(5) contain the annual budget review described in
subsection (e), and
``(6) be not more than 4 pages in length.
``(c) Spending Category.--
``(1) In general.--A spending category referred to in this
subsection is one of the following:
``(A) Administration of Justice.
``(B) Agriculture.
``(C) Allowances.
``(D) Commerce and Housing Credit.
``(E) Community and Regional Development.
``(F) Education, Training, Employment, and Social
Services.
``(G) Energy.
``(H) General Government.
``(I) General Science, Space, and Technology.
``(J) Health.
``(K) Income Security.
``(L) International Affairs.
``(M) Medicare.
``(N) National Defense.
``(O) Natural Resources and Environment.
``(P) Net Interest.
``(Q) Social Security.
``(R) Transportation.
``(S) Undistributed Offsetting Receipts.
``(T) Veterans Benefits and Services.
``(2) Rules relating to appropriate spending categories.--
For purposes of paragraph (1)--
``(A) the spending categories for the table
described in subsection (b)(2) shall be listed in order
of cost, with the greatest expense stated first, and
``(B) each spending category shall have a one
sentence, general description of the programs,
projects, and activities comprising that spending
category.
``(d) Tax Expenditures.--For purposes of this section, the term
`tax expenditure' shall have the meaning given such term by section
3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621).
``(e) Annual Budget Review.--The annual budget review described in
this subsection with respect to a fiscal year shall use the budget
projections prepared by the Congressional Budget Office and shall
include--
``(1) an estimate of total Federal receipts, outlays,
deficit, and debt for the current fiscal year,
``(2) actual Federal receipts, outlays, deficit, and debt
for the preceding 5 fiscal years,
``(3) projections of Federal receipts, outlays, deficit,
and debt for the succeeding 10 fiscal years,
``(4) level of Federal debt in total amount and as a
percentage of gross domestic product for the fiscal year, the
10 preceding fiscal years, and the 10 succeeding fiscal years,
and
``(5) additional information to help the recipient
understand the Federal budget and government spending,
including government spending on mandatory, defense
discretionary, nondefense discretionary, and interest
categories.
``(f) Rule Relating to Nonresident Aliens.--Subsection (a) shall
not apply to an individual who is a nonresident alien (within the
meaning of section 7701(b)(1)(B)).''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Taxpayer receipt.''.
(c) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after the date of the
enactment of this Act. | Taxpayer Receipt Act of 2013 - Amends the Internal Revenue Code to require the Secretary of the Treasury to provide individual taxpayers via U.S. mail annual receipts for income taxes reported for the preceding taxable year. Requires such tax receipts to: (1) state the amount of taxes paid by the taxpayer, the taxpayer's filing status, earned income, taxable income, and other information; (2) contain tables listing expenditures in categories of the federal budget and the 10 most costly tax expenditures and related spending information; and (3) contain an annual budget review prepared by the Secretary, in consultation with the Congressional Budget Office (CBO), to assist taxpayers in understanding the federal budget and government spending. | {"src": "billsum_train", "title": "Taxpayer Receipt Act of 2013"} | 1,450 | 155 | 0.543504 | 1.27166 | 0.673623 | 3.276119 | 10.141791 | 0.88806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Canyon National Park and
Gunnison Gorge National Conservation Area Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Black Canyon of the Gunnison National Monument was
established for the preservation of its spectacular gorges and
additional features of scenic, scientific, and educational
interest;
(2) the Black Canyon and adjacent upland include a variety
of unique ecological, geological, scenic, historical, and
wildlife components enhanced by the serenity and rural western
setting of the area;
(3) the Black Canyon and adjacent land provide extensive
opportunities for educational and recreational activities, and
are publicly used for hiking, camping, and fishing, and for
wilderness value, including solitude;
(4) adjacent public land downstream of the Black Canyon of
the Gunnison National Monument has wilderness value and offers
unique geological, paleontological, scientific, educational,
and recreational resources;
(5) public land adjacent to the Black Canyon of the
Gunnison National Monument contributes to the protection of the
wildlife, viewshed, and scenic qualities of the Black Canyon;
(6) some private land adjacent to the Black Canyon of the
Gunnison National Monument has exceptional natural and scenic
value, that, would be threatened by future development
pressures;
(7) the benefits of designating public and private land
surrounding the national monument as a national park include
greater long-term protection of the resources and expanded
visitor use opportunities; and
(8) land in and adjacent to the Black Canyon of the
Gunnison Gorge is--
(A) recognized for offering exceptional multiple
use opportunities;
(B) recognized for offering natural, cultural,
scenic, wilderness, and recreational resources; and
(C) worthy of additional protection as a national
conservation area, and with respect to the Gunnison
Gorge itself, as a component of the national wilderness
system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Gunnison Gorge National Conservation Area, consisting
of approximately 57,725 acres surrounding the Gunnison Gorge as
depicted on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Black
Canyon National Park and Gunnison Gorge NCA--1/22/99''.
(3) Park.--The term ``Park'' means the Black Canyon
National Park established under section 4 and depicted on the
Map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF BLACK CANYON NATIONAL PARK.
(a) Establishment.--
(1) In general.--There is established the Black Canyon
National Park in the State of Colorado, as generally depicted
on the Map.
(2) Availability of map.--The Map shall be on file and
available for public inspection in the offices of the National
Park Service of the Department of the Interior.
(3) Redesignation of monument.--
(A) Termination of black canyon designation.--The
designation of the Black Canyon of the Gunnison
National Monument in existence on the date of enactment
of this Act is terminated.
(B) Transfer.--All land and interests within the
boundary of the Black Canyon of the Gunnison National
Monument are incorporated in and made part of the Black
Canyon National Park, including--
(i) land and interests within the boundary
of the Black Canyon of the Gunnison National
Monument as established by section 2(a) of the
first section of Public Law 98-357; and
(ii) any land and interests identified on
the Map and transferred by the Bureau of Land
Management under this Act.
(C) Reference to park.--Any reference to the Black
Canyon of the Gunnison National Monument shall be
deemed a reference to Black Canyon National Park.
(D) Funds.--Any funds made available for the
purposes of the Black Canyon of the Gunnison National
Monument shall be available for purposes of the Park.
(b) Authority.--The Secretary, acting through the Director of the
National Park Service, shall manage the Park subject to valid rights,
in accordance with this Act and the provisions of law applicable to
units of the National Park System, including--
(1) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.);
(2) the Act entitled ``An Act to provide for the
preservation of historic American sites, buildings, objects,
and antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.);
and
(3) other applicable provisions of law.
(c) Grazing.--
(1) Grazing permitted.--The Secretary may permit grazing
within the Park, if the use of the Park for grazing is
permitted on the date of enactment of this Act.
(2) Grazing plan.--The Secretary shall prepare a grazing
management plan to administer any grazing activities within the
Park.
SEC. 5. ACQUISITION OF PROPERTY AND MINOR BOUNDARY ADJUSTMENTS.
(a) Additional Acquisitions.--
(1) In general.--The Secretary may acquire land or
interests in land depicted on the Map as proposed additions.
(2) Method of acquisition.--
(A) In general.--Land or interests in land may be
acquired by--
(i) donation;
(ii) transfer;
(iii) purchase with donated or appropriated
funds; or
(iv) exchange.
(B) Consent.--No land or interest in land may be
acquired without the consent of the owner of the land.
(b) Boundary Revision.--After acquiring land for the Park, the
Secretary shall--
(1) revise the boundary of the Park to include newly-
acquired land within the boundary; and
(2) administer newly-acquired land subject to applicable
laws (including regulations).
(c) Boundary Survey.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall complete an official
boundary survey of the Park.
(d) Hunting on Privately Owned Lands.--
(1) In general.--The Secretary may permit hunting on
privately owned land added to the Park under this Act, subject
to limitations, conditions, or regulations that may be
prescribed by the Secretary.
(2) Termination of authority.--On the date that the
Secretary acquires fee ownership of any privately owned land
added to the Park under this Act, the authority under paragraph
(1) shall terminate with respect to the privately owned land
acquired.
SEC. 6. EXPANSION OF THE BLACK CANYON OF THE GUNNISON WILDERNESS.
(a) Expansion of Black Canyon.--The Black Canyon of the Gunnison
Wilderness, as established by subsection (b) of the first section of
Public Law 94-567 (90 Stat. 2692), is expanded to include the parcel of
land depicted on the Map as ``Tract A'' and consisting of approximately
4,460 acres.
(b) Administration.--The Black Canyon of the Gunnison Wilderness
shall be administered as a component of the Park.
SEC. 7. ESTABLISHMENT OF THE GUNNISON GORGE NATIONAL CONSERVATION AREA.
(a) In General.--There is established the Gunnison Gorge National
Conservation Area, consisting of approximately 57,725 acres as
generally depicted on the Map.
(b) Management of Conservation Area.--The Secretary, acting through
the Director of the Bureau of Land Management, shall manage the
Conservation Area to protect the resources of the Conservation Area in
accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable provisions of law.
(c) Withdrawal of Land.--Subject to valid rights in existence on
the date of enactment of this Act, all Federal land and interests
within the Conservation Area acquired by the United States are
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws.
(d) Permitted Uses.--
(1) In general.--The Secretary shall permit hunting,
trapping, and fishing within the Conservation Area in
accordance with applicable laws (including regulations) of the
United States and the State of Colorado.
(2) Exception.--The Secretary, 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 concerning--
(A) public safety;
(B) administration; or
(C) public use and enjoyment.
(e) Use of Motorized Vehicles.--In addition to the use of motorized
vehicles on established roadways, the use of motorized vehicles in the
Conservation Area shall be allowed--
(1) to the extent the use is compatible with off-highway
vehicle designations as described in the management plan in
effect on the date of enactment of this Act; or
(2) to the extent the use is practicable under a management
plan prepared under this Act.
(f) Conservation Area Management Plan.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall--
(A) develop a comprehensive plan for the long-range
protection and management of the Conservation Area; and
(B) transmit the plan to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Resources of the
House of Representatives.
(2) Contents of plan.--The plan--
(A) shall describe the appropriate uses and
management of the Conservation Area in accordance with
this Act;
(B) may incorporate appropriate decisions contained
in any management or activity plan for the area
completed prior to the date of enactment of this Act;
(C) may incorporate appropriate wildlife habitat
management plans or other plans prepared for the land
within or adjacent to the Conservation Area prior to
the date of enactment of this Act;
(D) shall be prepared in close consultation with
appropriate Federal, State, county, and local agencies;
and
(E) shall use information developed prior to the
date of enactment of this Act in studies of the land
within or adjacent to the Conservation Area.
(g) Boundary Revisions.--The Secretary may make revisions to the
boundary of the Conservation Area following acquisition of land
necessary to accomplish the purposes for which the Conservation Area
was designated.
SEC. 8. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA.
(a) Gunnison Gorge Wilderness.--
(1) In general.--Within the Conservation Area, there is
designated as wilderness, and as a component of the National
Wilderness Preservation System, the Gunnison Gorge Wilderness,
consisting of approximately 17,700 acres, as generally depicted
on the Map.
(2) Administration.--
(A) Wilderness study area exemption.--The
approximately 300-acre portion of the wilderness study
area depicted on the Map for release from section 603
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782) shall not be subject to section 603(c) of that Act.
(B) Incorporation into national conservation
area.--The portion of the wilderness study area
described in subparagraph (A) shall be incorporated
into the Conservation Area.
(b) Administration.--Subject to valid rights in existence on the
date of enactment of this Act, the wilderness areas designated under
this Act shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(c) State Responsibility.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act or in the
Wilderness Act shall affect the jurisdiction or responsibilities of the
State of Colorado with respect to wildlife and fish on the public land
located in that State.
SEC. 9. WITHDRAWAL.
The land identified as tract B on the Map, consisting of
approximately 1,554 acres, is withdrawn--
(1) from all forms of entry, appropriation, or disposal
under the public land laws;
(2) from location, entry, and patent under the mining laws;
and
(3) from operation of the mineral leasing and geothermal
leasing laws.
SEC. 10. WATER RIGHTS.
(a) Effect on Water Rights.--Nothing in this Act shall--
(1) constitute an express or implied reservation of water
for any purpose; or
(2) affect any water rights in existence prior to the date
of enactment of this Act, including any water rights held by
the United States.
(b) Additional Water Rights.--Any new water right that the
Secretary determines is necessary for the purposes of this Act shall be
established in accordance with the procedural and substantive
requirements of the laws of the State of Colorado.
SEC. 11. STUDY OF LANDS WITHIN AND ADJACENT TO CURECANTI NATIONAL
RECREATION AREA.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary, acting through the Director of the National
Park Service, shall conduct a study concerning land protection and open
space within and adjacent to the area administered as the Curecanti
National Recreation Area.
(b) Purpose of Study.--The study required to be completed under
subsection (a) shall--
(1) assess the natural, cultural, recreational and scenic
resource value and character of the land within and surrounding
the Curecanti National Recreation Area (including open vistas,
wildlife habitat, and other public benefits);
(2) identify practicable alternatives that protect the
resource value and character of the land within and surrounding
the Curecanti National Recreation Area;
(3) recommend a variety of economically feasible and viable
tools to achieve the purposes described in paragraphs (1) and
(2); and
(4) estimate the costs of implementing the approaches
recommended by the study.
(c) Submission of Report.--Not later than 3 years from the date of
enactment of this Act, the Secretary shall submit a report to Congress
that--
(1) contains the findings of the study required by
subsection (a);
(2) makes recommendations to Congress with respect to the
findings of the study required by subsection (a); and
(3) makes recommendations to Congress regarding action that
may be taken with respect to the land described in the report.
(d) Acquisition of Additional Land and Interests in Land.--
(1) In general.--Prior to the completion of the study
required by subsection (a), the Secretary may acquire certain
private land or interests in land as depicted on the Map
entitled ``Proposed Additions to the Curecanti National
Recreation Area,'' dated 09/15/98, totaling approximately 1,065
acres and entitled ``Hall and Fitti properties''.
(2) Method of acquisition.--
(A) In general.--Land or an interest in land under
paragraph (1) may be acquired by--
(i) donation;
(ii) purchase with donated or appropriated
funds; or
(iii) exchange.
(B) Consent.--No land or interest in land may be
acquired without the consent of the owner of the land.
(C) Boundary revisions following acquisition.--
Following the acquisition of land under paragraph (1),
the Secretary shall--
(i) revise the boundary of the Curecanti
National Recreation Area to include newly-
acquired land; and
(ii) administer newly-acquired land
according to applicable laws (including
regulations).
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Black Canyon National Park and Gunnison Gorge National Conservation Area Act of 1999 - Establishes the Black Canyon National Park in Colorado. Terminates the Black Canyon of the Gunnison National Monument and incorporates all land and interests therein as part of the Park.
Authorizes the Secretary of the Interior to permit grazing within the Park if grazing is permitted on the enactment of this Act. Directs the Secretary to prepare a grazing management plan to administer such grazing activities.
(Sec. 5) Provides for: (1) additional land acquisition for the Park; (2) revision of the Park's boundary to include such land; (3) an official boundary survey of the Park by the Secretary; (4) hunting on privately owned land added to the Park, subject to limitations, conditions, or regulations prescribed by the Secretary; and (5) termination of such hunting on the date the Secretary acquires fee ownership of the privately owned land.
(Sec. 6) Expands the Black Canyon of the Gunnison Wilderness to include a specified parcel of land to be administered as a component of the Park.
(Sec. 7) Establishes the Gunnison Gorge National Conservation Area to be managed by the Secretary, acting through the Director of the Bureau of Land Management.
Withdraws all Federal land and interests within the Conservation Area from all forms of appropriations under the public land, mining, mineral and geothermal leasing laws.
Requires the Secretary to permit hunting, trapping, and fishing within the Conservation Area, under certain conditions and with the exception of issuing regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning public safety, administration, or public use and enjoyment.
Sets forth provisions allowing the use of motorized vehicles in the Conservation Area.
Requires the Secretary to develop a comprehensive plan for the long-range protection and management of the Conservation Area and to transmit the plan to specified congressional committees. Allows revision of the Conservation Area's boundary following acquisition of land necessary to accomplish the purposes for which such Area was designated.
(Sec. 8) Designates the Gunnison Gorge Wilderness, within the Conservation Area, as a component of the National Wilderness Preservation System.
(Sec. 9) Withdraws certain land identified as tract B on the map entitled "Black Canyon National Park and Gunnison Gorge NCA - 1-22-99" from all forms of appropriations under the public land, mining, mineral and geothermal leasing laws.
(Sec. 10) Provides that nothing in this Act shall: (1) constitute an express or implied reservation of water for any purpose; or (2) affect any private or U.S. water rights in existence before enactment of this Act.
Requires any new water rights to be established in accordance with the procedural and substantive requirements of Colorado laws.
(Sec. 11) Requires the Secretary, acting through the Director of the National Park Service, to study and report to Congress on land protection and open space within and adjacent to the Curecanti National Recreation Area.
Provides for the acquisition of specified private land or interests in land to be added to the Recreation Area.
(Sec. 12) Authorizes appropriations. | {"src": "billsum_train", "title": "Black Canyon National Park and Gunnison Gorge National Conservation Area Act of 1999"} | 3,534 | 718 | 0.718565 | 2.148601 | 0.616612 | 3.917073 | 5.17561 | 0.928455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Addiction Action Plan Act''.
SEC. 2. ACTION PLAN ON RECOMMENDATIONS FOR CHANGES UNDER MEDICARE AND
MEDICAID TO PREVENT OPIOIDS ADDICTIONS AND ENHANCE ACCESS
TO MEDICATION-ASSISTED TREATMENT.
(a) In General.--Not later than January 1, 2019, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), in collaboration with the Pain Management Best
Practices Inter-Agency Task Force convened under section 101(b) of the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198),
shall develop an action plan that provides recommendations described in
subsection (b).
(b) Action Plan Components.--Recommendations described in this
subsection are, based on an examination by the Secretary of potential
obstacles to an effective response to the opioid crisis,
recommendations, as determined appropriate by the Secretary, on the
following:
(1) Recommendations on changes to the Medicare program
under title XVIII of the Social Security Act and the Medicaid
program under title XIX of such Act that would enhance coverage
and payment under such programs of all medication-assisted
treatment approved by the Food and Drug Administration for the
treatment of opioid addiction and other therapies that manage
chronic and acute pain and treat and minimize risk of opioid
addiction, including recommendations on changes to the Medicare
prospective payment system for hospital inpatient department
services under section 1886(d) of such Act (42 U.S.C.
1395ww(d)) and the Medicare prospective payment system for
hospital outpatient department services under section 1833(t)
of such Act (42 U.S.C. 1395l(t)) that would allow for separate
payment for such therapies, if medically appropriate and if
necessary to encourage development and adoption of such
therapies.
(2) Recommendations for payment and service delivery models
to be tested by the Center for Medicare and Medicaid Innovation
and other federally authorized demonstration projects,
including value-based models, that may encourage the use of
appropriate medication-assisted treatment approved by the Food
and Drug Administration for the treatment of opioid addiction
and other therapies that manage chronic and acute pain and
treat and minimize risk of opioid addiction.
(3) Recommendations for data collection that could
facilitate research and policy making regarding prevention of
opioid addiction and coverage and payment under the Medicare
and Medicaid programs of appropriate opioid addiction
treatments.
(4) Recommendations for policies under the Medicare program
and under the Medicaid program that can expand access for
rural, or medically underserved communities to the full range
of medication-assisted treatment approved by the Food and Drug
Administration for the treatment of opioid addiction and other
therapies that manage chronic and acute pain and treatment and
minimize risk of opioid addiction.
(5) Recommendations on changes to the Medicare program and
the Medicaid program to address coverage or payment barriers to
patient access to medical devices that are non-opioid based
treatments approved by the Food and Drug Administration for the
management of acute pain and chronic pain, for monitoring
substance use withdrawal and preventing overdoses of controlled
substances, and for treating substance use disorder.
(c) Stakeholder Meetings.--
(1) In general.--Beginning not later than 3 months after
the date of the enactment of this Act, the Secretary shall
convene a public stakeholder meeting to solicit public comment
on the components of the action plan recommendations described
in subsection (b).
(2) Participants.--Participants of meetings described in
paragraph (1) shall include representatives from the Food and
Drug Administration and National Institutes of Health,
biopharmaceutical industry members, medical researchers, health
care providers, the medical device industry, the Medicare
program, the Medicaid program, and patient advocates.
(d) Request for Information.--Not later than 3 months after the
date of the enactment of this section, the Secretary shall issue a
request for information seeking public feedback regarding ways in which
the Centers for Medicare & Medicaid Services can help address the
opioid crisis through the development of and application of the action
plan.
(e) Report to Congress.--Not later than June 1, 2019, the Secretary
shall submit to Congress, and make public, a report that includes--
(1) a summary of recommendations that have emerged under
the action plan;
(2) the Secretary's planned next steps with respect to the
action plan; and
(3) an evaluation of price trends for drugs used to reverse
opioid overdoses (such as naloxone), including recommendations
on ways to lower such prices for consumers.
(f) Definition of Medication-Assisted Treatment.--In this section,
the term ``medication-assisted treatment'' includes opioid treatment
programs, behavioral therapy, and medications to treat substance abuse
disorder.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Opioid Addiction Action Plan Act (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop an action plan to provide recommendations on changes to the Medicare and Medicaid programs to enhance: (1) the treatment and prevention of opioid addiction, and (2) the coverage and payment of medication-assisted treatment for opioid addiction. The CMS must convene a stakeholder meeting to solicit public comment on the action plan. The CMS must also publish a report that includes an evaluation of price trends for opioid overdose-reversal drugs (e.g., naloxone) and recommendations on ways to lower consumer prices for such drugs. | {"src": "billsum_train", "title": "Opioid Addiction Action Plan Act"} | 1,078 | 147 | 0.568752 | 1.546612 | 0.705249 | 2.761905 | 7.777778 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Mediation Act of
1994''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Agricultural mediation program.--The term
``agricultural mediation program'' means a program administered
by a State (in accordance with this Act) for the mediation of
disputes arising under an eligible Department program.
(2) Department.--The term ``Department'' means the United
States Department of Agriculture.
(3) Eligible department program.--The term ``eligible
Department program'' means a program of the Department under
which disputes may be resolved under an agricultural mediation
program, as determined by the Secretary under section 4.
(4) Mediation.--The term ``mediation'' means a process of
negotiation in which an impartial third party attempts to
assist parties in negotiating a mutually agreeable resolution
of a dispute.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. PURPOSES.
The purposes of this Act are to provide the Secretary with the
authority to--
(1) determine which programs of the Department are eligible
for mediation, which has proven to be a valuable means of
alternative dispute resolution; and
(2) certify States to administer mediation for eligible
Department programs.
SEC. 4. DETERMINATION OF ELIGIBLE DEPARTMENT PROGRAMS.
(a) Determination.--The Secretary is authorized to determine which
programs of the Department are eligible Department programs.
(b) Determination Factors.--In making the determination, the
Secretary shall consider--
(1) the complexity and technical nature of the Department
program;
(2) the protection of the interests of program
participants; and
(3) whether mediation as a form of dispute resolution would
achieve fairness for program participants and the Department.
SEC. 5. NOTICE OF ELIGIBLE DEPARTMENT PROGRAMS.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall publish in the Federal Register--
(1) notice of which programs of the Department are eligible
Department programs; and
(2) a solicitation to States to apply for certification to
administer agricultural mediation programs for the eligible
Department programs.
SEC. 6. CERTIFICATION OF STATES TO ADMINISTER AGRICULTURAL MEDIATION
PROGRAMS.
(a) In General.--For purposes of this Act, a State is qualified to
administer an agricultural mediation program if the Secretary certifies
that a proposal by the State to administer the program satisfies the
requirements of this section.
(b) Determinations.--The Secretary shall determine whether a State
is qualified to administer an agricultural mediation program of the
State not later than 30 days after the Secretary receives from the
State a description of the proposed agricultural mediation program and
a statement certifying that the State has met all of the requirements
of subsection (c).
(c) Certification Requirements.--To obtain certification to
administer an agricultural mediation program, a State must--
(1) demonstrate a need for the agricultural mediation
program within the State based on the agricultural activity,
and the number of participants, involved;
(2) ensure that mediation services will be offered to all
individuals who are or may be eligible to participate in the
eligible Department program;
(3) ensure that the agricultural mediation program is
administered by the State or an authorized agent of the State;
(4) provide for the training of mediators;
(5) ensure that confidentiality of the mediation sessions
will be maintained; and
(6) ensure that persons and agencies of the Department
affected by the program, as determined by the Secretary,
receive adequate notification of the agricultural mediation
program.
SEC. 7. RECERTIFICATION.
(a) In General.--To retain certification to administer an
agricultural mediation program, a State must--
(1) recertify the program in a manner prescribed by the
Secretary; and
(2) provide affected agencies of the Department with all
information required by the Secretary (in consultation with
interested parties) on the disputes mediated under the program,
subject to the confidentiality requirements of Federal and
State law.
(b) Public Availability.--The information described in subsection
(a)(2) shall be made available by the Secretary to the public.
SEC. 8. MATCHING GRANTS TO STATES.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall provide matching grants to a State for the
administration and operation of an agricultural mediation program.
(b) Amount.--Subject to the availability of appropriations, the
Secretary may pay up to 70 percent of the cost of the administration
and operation of an agricultural mediation program by a State.
(c) Use.--A State that receives a matching grant to administer an
agricultural mediation program under this section may use the financial
assistance only to administer and operate the program.
(d) Penalty.--If the Secretary determines that a State has not
complied with subsection (c), the State shall not be eligible for
additional matching grants under this section.
SEC. 9. ADMINISTRATION.
(a) Information.--If the Secretary receives a request from a person
for information or analysis that is relevant to a mediated dispute (as
determined by the Secretary), the Secretary shall provide the
information or analysis to the person.
(b) Participation by Secretary.--Subject to subsection (c), the
Secretary shall participate in each agricultural mediation program
established under this Act.
(c) Mediation Nonbinding on the Secretary.--The Secretary shall not
be bound by a decision or negotiated agreement resulting from mediation
conducted under an agricultural mediation program if the Secretary has
not agreed to the decision or agreement.
SEC. 10. REGULATIONS.
The Secretary shall issue regulations to carry out this Act not
later than 120 days after the date of enactment of this Act.
SEC. 11. CONSTRUCTION.
The authority provided by this Act is in addition to, and in no way
affects, the authority provided under title V of the Agricultural
Credit Act of 1987 (7 U.S.C. 5101 et seq.).
SEC. 12. CONFORMING AMENDMENTS.
(a) Waiver of Farm Credit Mediation Rights by Borrowers.--Section
4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e) is amended by
striking ``the agricultural loan'' and inserting ``an agricultural''.
(b) Waiver of FmHA Mediation Rights by Borrowers.--Section 358 of
the Consolidated Farm and Rural Development Act (7 U.S.C. 2006) is
amended by striking ``the agricultural loan'' and inserting ``an
agricultural''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $7,500,000 for each of fiscal years 1995 through 1998.
(b) Fees.--The Secretary is authorized, subject to the availability
of funds appropriated in advance, to expend such funds as are necessary
to pay any fees charged to an agency that administers an agricultural
mediation program for mediating individual disputes to which the agency
is a party.
SEC. 14. TERMINATION OF AUTHORITY.
The authority provided by this Act shall terminate on September 30,
1998.
SEC. 15. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall become effective on the date of
enactment of this Act.
(b) Transitional Provision.--During the 2-year period beginning on
the date of enactment of this Act, a State that (on the date of
enactment of this Act) is certified to carry out an agricultural loan
mediation program under title V of the Agricultural Credit Act of 1987
(7 U.S.C. 5101 et seq.) shall be considered certified (under section 6
of this Act) to administer any agricultural mediation program.
Passed the Senate May 25 (legislative day, May 16), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Agricultural Mediation Act of 1994 - Authorizes the Secretary of Agriculture to determine which Department of Agriculture programs are eligible for State mediation programs.
Sets forth State program certification requirements.
Directs the Secretary to provide State programs with matching grants.
Authorizes appropriations.
Terminates program authority on September 30, 1998. | {"src": "billsum_train", "title": "Agricultural Mediation Act of 1994"} | 1,797 | 67 | 0.642728 | 1.521227 | 0.885078 | 1.847458 | 26.966102 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Alcohol and
Substance Abuse Program Consolidation Act of 2002''.
SEC. 2. STATEMENT OF PURPOSE.
The purposes of this Act are--
(1) to enable Indian tribes to consolidate and integrate
alcohol and other substance abuse prevention, diagnosis, and
treatment programs, and mental health and related programs, to
provide unified and more effective and efficient services to
Indians afflicted with alcohol and other substance abuse
problems;
(2) to recognize that Indian tribes can best determine the
goals and methods for establishing and implementing prevention,
diagnosis, and treatment programs for their communities,
consistent with the policy of self-determination;
(3) to encourage and facilitate the implementation of an
automated clinical information system to complement the Indian
health care delivery system;
(4) to authorize the use of Federal funds to purchase,
lease, license, or provide training for, technology for an
automated clinical information system that incorporates
clinical, as well as financial and reporting, capabilities for
Indian behavioral health care programs;
(5) to encourage quality assurance policies and procedures,
and empower Indian tribes through training and use of
technology, to significantly enhance the delivery of, and
treatment results from, Indian behavioral health care programs;
(6) to assist Indian tribes in maximizing use of public,
tribal, human, and financial resources in developing effective,
understandable, and meaningful practices under Indian
behavioral health care programs; and
(7) to encourage and facilitate timely and effective
analysis and evaluation of Indian behavioral health care
programs.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) Automated clinical information system.--The term
``automated clinical information system'' means an automated
computer software system that can be used to manage clinical,
financial, and reporting information for Indian behavioral
health care programs.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(4) Indian behavioral health care program.--The term
``Indian behavioral health care program'' means a federally
funded program, for the benefit of Indians, to prevent,
diagnose, or treat, or enhance the ability to prevent,
diagnose, or treat--
(A) mental health problems; or
(B) alcohol or other substance abuse problems.
(5) Indian tribe.--The terms ``Indian tribe'' and ``tribe''
have the meaning given the term ``Indian tribe'' in section 4
of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450b) and include entities as provided for in
subsection (b)(2).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Substance abuse.--The term ``substance abuse''
includes--
(A) the illegal use or abuse of a drug or an
inhalant; and
(B) the abuse of tobacco or a related product.
(b) Indian Tribe.--
(1) In general.--In any case in which an Indian tribe has
authorized another Indian tribe, an intertribal consortium, a
tribal organization, or an Indian health center to plan for or
carry out programs, services, functions, or activities (or
portions thereof) on its behalf under this Act, the authorized
Indian tribe, intertribal consortium, tribal organization, or
Indian health center shall have the rights and responsibilities
of the authorizing Indian tribe (except as otherwise provided
in the authorizing resolution or in this Act).
(2) Inclusion of other entities.--In a case described in
paragraph (1), the term ``Indian tribe'', as defined in
subsection (a)(3), shall include the additional authorized
Indian tribe, intertribal consortium, tribal organization, or
Indian health center.
SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.
(a) In General.--The Secretary, in cooperation with the Secretary
of Labor, the Secretary of the Interior, the Secretary of Education,
the Secretary of Housing and Urban Development, the Attorney General,
and the Secretary of Transportation, as appropriate, shall, upon
receipt of a plan acceptable to the Secretary that is submitted by an
Indian tribe, authorize the tribe to carry out a demonstration project
to coordinate, in accordance with the plan, the Indian behavioral
health care programs of the tribe in a manner that integrates the
program services involved into a single, coordinated, comprehensive
program that uses, to the extent necessary, an automated clinical
information system to better manage administrative and clinical
services, costs, and reporting requirements through the consolidation
and integration of administrative and clinical functions.
(b) Use of Funds for Technology.--Notwithstanding any requirement
applicable to an Indian behavioral health care program of an Indian
tribe that is integrated under a demonstration project carried out
under subsection (a), the Indian tribe may use funds made available
under the program to purchase, lease, license, or provide training for,
technology for an automated clinical information system.
SEC. 5. PROGRAMS AFFECTED.
The programs that may be integrated in a demonstration project
under a plan submitted under section 4 are--
(1) any Indian behavioral health care program under which
an Indian tribe is eligible for the receipt of funds under a
statutory or administrative formula;
(2) any Indian behavioral health care program under which
an Indian tribe is eligible for receipt of funds through
competitive or other grants, if--
(A)(i) the Indian tribe has provided notice to the
appropriate agency regarding the intentions of the
tribe to include the Indian behavioral health care
program in the plan that the tribe submits to the
Secretary; and
(ii) the affected agency has consented to the
inclusion of the grant in the plan; or
(B)(i) the Indian tribe has elected to include the
Indian behavioral health care program in its plan; and
(ii) the administrative requirements contained in
the plan are essentially the same as the administrative
requirements applicable to a grant under the Indian
behavioral health care program; and
(3) any Indian behavioral health care program under which
an Indian tribe is eligible for receipt of funds under any
other funding scheme.
SEC. 6. PLAN REQUIREMENTS.
A plan of an Indian tribe submitted under section 4 shall--
(1) identify the programs to be integrated;
(2) be consistent with the purposes of this Act authorizing
the services to be integrated into the demonstration project;
(3) describe a comprehensive strategy that--
(A) identifies the full range of existing and
potential alcohol and substance abuse and mental health
treatment and prevention programs available on and near
the tribe's service area; and
(B) may include site and technology assessments and
any necessary computer hardware installation and
support;
(4) describe the manner in which services are to be
integrated and delivered and the results expected under the
plan, including, if implemented, the manner and expected
results of implementation of an automated clinical information
system;
(5) identify the projected expenditures under the plan in a
single budget;
(6) identify the agency or agencies in the tribe to be
involved in the delivery of the services integrated under the
plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the tribe believes need to be
waived in order to implement its plan; and
(8) be approved by the governing body of the tribe.
SEC. 7. PLAN REVIEW.
(a) Consultation.--Upon receipt of a plan from an Indian tribe
under section 4, the Secretary shall consult with--
(1) the head of each Federal agency providing funds to be
used to implement the plan; and
(2) the tribe submitting the plan.
(b) Identification of Waivers.--The parties consulting on the
implementation of the plan under subsection (a) shall identify any
waivers of statutory requirements or of Federal agency regulations,
policies, or procedures necessary to enable the tribal government to
implement its plan.
(c) Waivers.--Notwithstanding any other provision of law, the head
of the affected Federal agency shall have the authority to waive any
statutory requirement, regulation, policy, or procedure promulgated by
the Federal agency that has been identified by the tribe or the Federal
agency under subsection (b) unless the head of the affected Federal
agency determines that such a waiver is inconsistent with--
(1) the purposes of this Act; or
(2) any statutory requirement applicable to the program to
be integrated under the plan that is specifically applicable to
Indian programs.
SEC. 8. PLAN APPROVAL.
(a) In General.--Not later than 90 days after the receipt by the
Secretary of a tribe's plan under section 4, the Secretary shall inform
the tribe, in writing, of the Secretary's approval or disapproval of
the plan, including any request for a waiver that is made as part of
the plan.
(b) Disapproval.--If a plan is disapproved under subsection (a),
the Secretary shall inform the tribal government, in writing, of the
reasons for the disapproval and shall give the tribe an opportunity to
amend its plan or to petition the Secretary to reconsider such
disapproval, including reconsidering the disapproval of any waiver
requested by the Indian tribe.
SEC. 9. FEDERAL RESPONSIBILITIES.
(a) Responsibilities of the Indian Health Service.--
(1) Memorandum of understanding.--Not later than 180 days
after the date of enactment of this Act, the Secretary, the
Secretary of the Interior, the Secretary of Labor, the
Secretary of Education, the Secretary of Housing and Urban
Development, the Attorney General, and the Secretary of
Transportation shall enter into an interdepartmental memorandum
of agreement providing for the implementation of the plans
authorized under this Act.
(2) Lead agency.--The lead agency under this Act shall be
the Indian Health Service.
(3) Responsibilities.--The responsibilities of the lead
agency under this Act shall include--
(A) the development of a single reporting format
related to each plan for a demonstration project, which
shall be used by a tribe to report on the activities
carried out under the plan;
(B) the development of a single reporting format
related to the projected expenditures for the
individual plan, which shall be used by a tribe to
report on all plan expenditures;
(C) the development of a single system of Federal
oversight for the plan, which shall be implemented by
the lead agency;
(D) the provision of, or arrangement for provision
of, technical assistance to a tribe appropriate to
support and implement the plan, delivered under an
arrangement subject to the approval of the tribe
participating in the project, except that a tribe shall
have the authority to accept or reject the plan for
providing the technical assistance and the technical
assistance provider; and
(E) the convening by an appropriate official of the
lead agency (whose appointment is subject to the
confirmation of the Senate) and a representative of the
Indian tribes that carry out projects under this Act,
in consultation with each of the Indian tribes that
participate in projects under this Act, of a meeting
not less than twice during each fiscal year for the
purpose of providing an opportunity for all Indian
tribes that carry out projects under this Act to
discuss issues relating to the implementation of this
Act with officials of each agency specified in
paragraph (1).
(b) Report Requirements.--The single reporting format shall be
developed by the Secretary under subsection (a)(3), consistent with the
requirements of this Act. Such reporting format, together with records
maintained on the consolidated program at the tribal level shall
contain such information as will--
(1) allow a determination that the tribe has complied with
the requirements incorporated in its approved plan; and
(2) provide assurances to the Secretary that the tribe has
complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements that
have not been waived.
SEC. 10. NO REDUCTION IN AMOUNTS.
In no case shall the amount of Federal funds available to a
participating tribe involved in any project be reduced as a result of
the enactment of this Act.
SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED.
The Secretary, the Secretary of the Interior, the Secretary of
Labor, the Secretary of Education, the Secretary of Housing and Urban
Development, the Attorney General, or the Secretary of Transportation,
as appropriate, is authorized to take such action as may be necessary
to provide for the interagency transfer of funds otherwise available to
a tribe in order to further the purposes of this Act.
SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE.
(a) Administration of Funds.--
(1) In general.--Program funds shall be administered under
this Act in such a manner as to allow for a determination that
funds from specific programs (or an amount equal to the amount
used from each program) are expended on activities authorized
under such program.
(2) Separate records not required.--Nothing in this section
shall be construed as requiring a tribe to maintain separate
records tracing any services or activities conducted under its
approved plan under section 4 to the individual programs under
which funds were authorized, nor shall the tribe be required to
allocate expenditures among individual programs.
(b) Overage.--All administrative costs under a plan under this Act
may be commingled, and participating Indian tribes shall be entitled to
the full amount of such costs (under each program or department's
regulations), and no overage shall be counted for Federal audit
purposes so long as the overage is used for the purposes provided for
under this Act.
SEC. 13. FISCAL ACCOUNTABILITY.
Nothing in this Act shall be construed to interfere with the
ability of the Secretary or the lead agency to fulfill the
responsibilities for the safeguarding of Federal funds pursuant to
chapter 75 of title 31, United States Code.
SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO INTEGRATION.
(a) Preliminary Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Indian Affairs of the Senate and the Committee on
Resources of the House of Representatives on the implementation of the
program authorized under this Act.
(b) Final Report.--Not later than 5 years after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Indian Affairs of the Senate and the Committee on
Resources of the House of Representatives on the results of the
implementation of the program authorized under this Act. The report
shall identify statutory barriers to the ability of tribes to integrate
more effectively their alcohol and substance abuse services in a manner
consistent with the purposes of this Act.
SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ALCOHOL AND
DRUG TREATMENT OR MENTAL HEALTH PROGRAMS.
Any State with an alcohol and substance abuse or mental health
program targeted to Indian tribes shall be eligible to receive, at no
cost to the State, such Federal personnel assignments as the Secretary,
in accordance with the applicable provisions of subchapter IV of
chapter
33 of title 5, United States Code, may determine appropriate to help
ensure the success of such program.
Passed the Senate September 17, 2002.
Attest:
JERI THOMSON,
Secretary. | Native American Alcohol and Substance Abuse Program Consolidation Act of 2002 - Directs the Secretary of Health and Human Services (HHS) to authorize a tribe with an approved plan to carry out a demonstration project to coordinate its federally funded Indian behavioral health care program, covering alcohol and substance abuse and mental health problems.Requires a project to integrate program services into a single, comprehensive program using an automated clinical information system. Permits funds to be used for the information system.Requires the Secretary to cooperate with the Secretaries of Labor, the Interior, Education, Housing and Urban Development, and Transportation, and the Attorney General who shall enter into an interdepartmental memorandum of agreement for the implementation of approved plans.Makes the Indian Health Service the lead agency (rather than the Bureau of Indian Affairs).Stipulates that funding under this Act is in addition to existing tribal funding. Provides for interagency fund transfers.Requires the Secretary of HHS to report to the appropriate congressional committees on the program and any statutory barriers to services integration.Makes any State with an alcohol and substance abuse or mental health program targeted to Indian tribes eligible to receive no-cost Federal personnel assignments if it would help the program's success. | {"src": "billsum_train", "title": "A bill to authorize the integration and consolidation of alcohol and substance abuse programs and services provided by Indian tribal governments, and for other purposes."} | 3,349 | 272 | 0.543596 | 1.620292 | 0.746839 | 3.262222 | 14.16 | 0.897778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Access to Capital for
Entrepreneurial Leaders Act'' or the ``EXCEL Act''.
SEC. 2. PROGRAM AUTHORIZATION.
Section 303(b) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)) is amended, in the matter preceding paragraph (1), in
the first sentence, by inserting after ``issued by such companies'' the
following: ``, in a total amount that does not exceed $4,000,000,000
each fiscal year (adjusted annually to reflect increases in the
Consumer Price Index established by the Bureau of Labor Statistics of
the Department of Labor)''.
SEC. 3. FAMILY OF FUNDS.
Section 303(b)(2)(B) of the Small Business Investment Act of 1958
(15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000'' and
inserting ``$350,000,000''.
SEC. 4. ADJUSTMENT FOR INFLATION.
Section 303(b)(2) is amended by adding at the end the following:
``(E) Adjustments.--
``(i) In general.--The dollar amounts in
subparagraph (A)(ii), subparagraph (B), and
subparagraph (C)(ii)(I) shall be adjusted
annually to reflect increases in the Consumer
Price Index established by the Bureau of Labor
Statistics of the Department of Labor (in this
subparagraph referred to as the `CPI').
``(ii) Applicability.--The adjustments
required by clause (i)--
``(I) with respect to dollar
amounts in subparagraphs (A)(ii) and
(C)(ii)(I) shall initially reflect
increases in the CPI during the period
beginning on the effective date of
section 505 of the American Recovery
and Reinvestment Act of 2009 (123 Stat.
156) through the date of enactment of
this subparagraph and annually
thereafter;
``(II) with respect to dollar
amounts in subparagraph (B) shall
reflect increases in the CPI annually
on and after the date of enactment of
this subparagraph.''.
SEC. 5. PUBLIC AVAILABILITY OF INFORMATION.
Section 303 of the Small Business Investment Act of 1958 (15 U.S.C.
683) is amended by adding at the end the following:
``(l) Access to Fund Information.--Annually, the Administrator
shall make public on its website the following information with respect
to each small business investment company:
``(1) The amount of capital deployed since fund inception.
``(2) The amount of leverage drawn since fund inception.
``(3) The number of investments since fund inception.
``(4) The number of businesses receiving capital since fund
inception.
``(5) Industry sectors receiving investment since fund
inception.
``(6) The amount of leverage principal repaid by SBIC since
fund inception.
``(7) A basic description of investment strategy.''.
SEC. 6. AUTHORIZED USES OF LICENSING FEES.
Section 301(e) of the Small Business Investment Act of 1958 (15
U.S.C. 681(e)) is amended--
(1) by striking ``(e)'' and inserting ``(d)''; and
(2) in paragraph (2)(B), by inserting before the period at
the end the following: ``and other small business investment
company program needs''.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) small business investment companies would benefit from
partnerships with community banks and other lenders, and should
work with community banks and other lenders, to ensure that if
community banks and other lenders deny an application by a
small business concern for a loan, the community banks or other
lenders will refer the small business concern to small business
investment companies; and
(2) the Administrator should--
(A) increase outreach to community banks and other
lenders to encourage community banks and other lenders
to invest in small business investment companies;
(B) use the Internet to make publicly available in
a timely manner which small business investment
companies are actively soliciting investments and
making investments in small business concerns;
(C) partner with governors, mayors, States, and
municipalities to increase outreach by small business
investment companies to underserved and rural areas;
and
(D) continue to make changes to the webpage for the
small business investment company program, to make the
webpage--
(i) a more prominent part of the website of
the Administration; and
(ii) more user-friendly. | Expanding Access to Capital for Entrepreneurial Leaders Act or EXCEL Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to guarantee the payment of up to $4 billion per fiscal year for debentures or participating securities issued by small business investment companies (SBICs) to encourage the formation and growth of small businesses. Increases the maximum amount of outstanding leverage for two or more commonly-controlled SBICs. Authorizes annual inflationary adjustments of such limits.
Directs the Administrator to make publicly available on the SBA website specified fiscal and related information with respect to each SBIC.
Allows SBIC licensing fees to be used by the SBA for SBIC program needs other than the costs of licensing examinations.
Expresses the sense of Congress that SBICs would benefit from partnerships with community banks and other lenders, and that the Administrator should: (1) increase outreach to such banks and lenders for investment in SBICs; (2) use the Internet to publicize which SBICs are soliciting and making investments in small businesses; (3) partner with governors, mayors, states, and municipalities to increase outreach by SBICs to underserved and rural areas; and (4) revise and update the SBIC program webpage to make it more prominent and user-friendly. | {"src": "billsum_train", "title": "A bill to amend the Small Business Investment Act of 1958 to enhance the Small Business Investment Company Program, and for other purposes."} | 1,039 | 284 | 0.438202 | 1.274703 | 0.696417 | 2.588477 | 3.8107 | 0.82716 |
SYSTEMS
SEC. 101. GRANTS TO STATES.
(a) In General.--The Secretary shall make grants to States for the
implementation and evaluation of alternative dispute resolution
systems.
(b) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Secretary an application at such
time, in such form, and containing such information and assurances as
the Secretary may require, including--
(1) a description of the alternative dispute resolution
system that the State intends to implement with amounts
received under the grant;
(2) assurances that the State will comply with all data
gathering requirements promulgated by the Secretary under
section 102(a); and
(3) any information and assurances necessary to enable the
Secretary to determine whether the State's alternative dispute
resolution system meets the qualification standards for such
systems developed by the Secretary under section 102(a).
(c) Number of Grants.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall award not less than 10 grants each fiscal year
under this section.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may award less than 10 grants under this section in a
fiscal year if the Secretary determines that there are an
inadequate number of applications submitted that meet the
eligibility and approval requirements of this section in such
fiscal year.
(d) Designation of Model States.--
(1) In general.--The Secretary shall designate each State
receiving a grant under this section as a model alternative
dispute resolution State.
(2) Extension of period of grant.--Upon application to the
Secretary, a State designated under paragraph (1) shall be
eligible for a 2-year extension of the grant received under
this section.
(3) Dissemination of information to other states.--The
Secretary shall disseminate information on the alternative
dispute resolution systems implemented by the States designated
under paragraph (1) to other States, health care professionals,
health care providers, and other interested parties.
SEC. 102. ADMINISTRATION.
(a) Standards and Regulations for Alternative Dispute Resolution
Grant Program.--
(1) In general.--In consultation with the Director of the
Agency for Health Care Policy and Research, the Secretary shall
develop and promulgate standards and regulations necessary to
carry out the grant program established under section 101,
including--
(A) qualification standards for alternative dispute
resolution systems that States must meet in order to
receive grants under such section; and
(B) regulations establishing data gathering
requirements for States receiving grants under such
section.
(2) Criteria for programs.--In developing qualification
standards for alternative dispute resolution systems under
paragraph (1)(A), the Secretary shall take into account the
effectiveness of such systems in--
(A) supporting access to health care;
(B) encouraging improvements in the quality of
health care;
(C) enhancing and not impairing the physician-
patient relationship;
(D) encouraging innovation that leads to an
improved level of health care;
(E) compensating for avoidable medical injury due
to provider fault and not compensating for injury which
is unavoidable by standard medical practice;
(F) resolving claims promptly and in amounts
proportional to the injury;
(G) providing predictable outcomes; and
(H) operating efficiently in terms of financial
costs, professional energies, and governmental
processes.
(b) Technical Assistance.--The Secretary shall provide States with
technical assistance to enable States to submit applications for grants
under section 101, including information on the establishment and
operation of alternative dispute resolution systems.
(c) Evaluation of Alternative Dispute Resolution Systems.--Not
later than 4 years after awarding the first grant to a State under
section 101, the Secretary shall prepare and submit to Congress a
report describing and evaluating the alternative dispute resolution
systems implemented by States with funds provided under such grants,
and shall include in the report--
(1) information on--
(A) the effect of such systems on the cost of
health care within the State,
(B) the impact of such systems on the access of
individuals to health care within the State, and
(C) the effect of such systems on the quality of
health care provided within such State; and
(2) an analysis of the feasibility and desirability of
establishing a national alternative dispute resolution system.
TITLE II--UNIFORM STANDARDS FOR MALPRACTICE CLAIMS
SEC. 201. APPLICABILITY.
Except as provided in section 209, this title shall apply to any
health care liability action brought in a Federal or State court and to
any medical malpractice claim or medical product liability claim
subject to an alternative dispute resolution system.
SEC. 202. CALCULATION AND PAYMENT OF DAMAGES.
(a) Periodic Payments for Future Losses.--No person may be required
to pay more than $100,000 in a single payment in damages (whether for
economic or noneconomic losses) for expenses to be incurred in the
future, but shall be permitted to make such payments on a periodic
basis. The periods for such payments shall be determined by the court,
based upon projections of when such expenses are likely to be incurred.
(b) Limitation on Noneconomic Losses.--The total amount of damages
that may be awarded to an individual and the family members of such
individual for noneconomic losses resulting from an injury which is the
subject of an action or claim may not exceed $250,000, regardless of
the number of health care professionals, health care providers, and
health care producers against whom the action or claim is brought or
the number of actions or claims brought with respect to the injury.
(c) Mandatory Offsets for Damages Paid by a Collateral Source.--
(1) In general.--The total amount of damages received by an
individual shall be reduced (in accordance with paragraph (2))
by any other payment that has been or will be made to the
individual to compensate the individual for the injury that was
the subject of the action or claim.
(2) Amount of reduction.--The amount by which an award of
damages to an individual shall be reduced under paragraph (1)
shall be--
(A) the total amount of any payments (other than
such award) that have been made or that will be made to
the individual to compensate the individual for the
injury that was the subject of the action or claim;
minus
(B) the amount paid by the individual (or by the
spouse, parent, or legal guardian of the individual) to
secure the payments described in subparagraph (A).
(d) Attorney's Fees.--A claimant's attorney's fees may not exceed--
(1) 25 percent of the first $150,000 of any award or
settlement paid to the claimant; or
(2) 15 percent of any additional amounts paid to the
claimant.
(e) Limitation on Punitive Damages.--The total amount of punitive
damages that may be assessed with respect to an action or claim may not
exceed twice the total amount of the damages awarded to compensate the
claimant for losses resulting from the injury which is the subject of
the claim or action, regardless of the number of health care
professionals, health care providers, and health care producers against
whom the action or claim is brought or the number of actions or claims
brought with respect to the injury.
SEC. 203. JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSSES.
The liability of each defendant for noneconomic losses shall be
several only and shall not be joint, and each defendant shall be liable
only for the amount of noneconomic losses allocated to the defendant in
direct proportion to the defendant's percentage of responsibility (as
determined by the trier of fact).
SEC. 204. UNIFORM STATUTE OF LIMITATIONS.
(a) In General.--No medical malpractice claim or medical product
liability claim may be initiated after the expiration of the 2-year
period that begins on the earlier of the date which the alleged injury
that is the subject of such action was discovered or the date on which
such injury should reasonably have been discovered, but in no event
after the expiration of the 4-year period that begins on the date the
alleged injury occurred.
(b) Exception for Minors.--In the case of an alleged injury
suffered by a minor who has not attained 6 years of age, no medical
malpractice liability claim or medical product liability claim may be
brought after the expiration of the 2-year period that begins on the
date the alleged injury that is the subject of the action should
reasonably have been discovered, but in no event after the date on
which the minor attains 10 years of age.
SEC. 205. SPECIAL PROVISION FOR CERTAIN OBSTETRIC SERVICES.
(a) In General.--In the case of a medical malpractice claim or
medical product liability claim relating to services provided during
labor or the delivery of a baby, if the defendant health care
professional did not previously treat the plaintiff for the pregnancy,
the trier of fact may not find that the defendant committed malpractice
and may not assess damages against the defendant unless the malpractice
is proven by clear and convincing evidence.
(b) Applicability to Group Practices or Agreements Among
Providers.--For purposes of subsection (a), a health care professional
shall be considered to have previously treated an individual for a
pregnancy if the professional is a member of a group practice whose
members previously treated the individual for the pregnancy or is
providing services to the individual during labor or the delivery of a
baby pursuant to an agreement with another professional.
SEC. 206. UNIFORM STANDARD FOR DETERMINING NEGLIGENCE.
(a) Standard of Reasonableness.--Except as provided in subsection
(b), a defendant may not be found to have committed malpractice unless
the defendant's conduct at the time of providing the health care
services that are the subject of the action was not reasonable.
(b) Actions Brought Under Strict Liability.--Subsection (a) shall
not apply to any action in which the claimant asserts that the
defendant is liable under a theory of strict liability.
SEC. 207. RESTRICTIONS ON PUNITIVE DAMAGES RELATING TO MEDICAL PRODUCT
LIABILITY CLAIMS.
(a) Restrictions for Approved Products or Devices.--
(1) In general.--Punitive damages otherwise permitted by
applicable law shall not be awarded with respect to any medical
product liability claim alleged against a medical product
producer if--
(A) the drug or device that is the subject of such
claim--
(i) was subject to approval under section
505 or premarket approval under section 515 of
the Federal Food, Drug, and Cosmetic Act by the
Food and Drug Administration with respect to--
(I) the safety of the formulation
or performance of the aspect of the
drug or device; or
(II) the adequacy of the packaging
or labeling of the drug or device, and
(ii) was approved by the Food and Drug
Administration; or
(B) the drug or device is generally recognized as
safe and effective pursuant to conditions established
by the Food and Drug Administration and applicable
regulations, including packaging and labeling
regulations.
(2) Exception in case of withheld information,
misrepresentation, or illegal payment.--The provisions of
paragraph (1) shall not apply if it is determined on the basis
of clear and convincing evidence that the medical product
producer--
(A) withheld from or misrepresented to the Food and
Drug Administration information concerning such drug or
device that is required to be submitted under the
Federal Food, Drug, and Cosmetic Act or section 352 of
the Public Health Service Act that is material and
relevant to the action; or
(B) made an illegal payment to an official of the
Food and Drug Administration for the purpose of
securing approval of the drug or device.
(b) Separate Proceeding To Determine Punitive Damages.--
(1) Considerations.--At the request of a medical product
producer in a health care liability action in which a medical
product liability claim is alleged against the producer, the
trier of fact shall consider in a separate proceeding--
(A) whether punitive damages are to be awarded and
the amount of the award; or
(B) the amount of punitive damages following a
determination of punitive liability.
(2) Evidence.--If a separate proceeding is requested in
accordance with paragraph (1), evidence relevant only to the
claim of punitive damages (as determined by applicable State
law) shall be inadmissible in any proceeding to determine
whether compensatory damages are to be awarded to the claimant.
(c) Criteria for Determining Amount of Punitive Damages.--Subject
to the limitation on punitive damages provided in section 202(e), all
relevant evidence shall be considered in determining the amount of
punitive damages assessed with respect to a medical product liability
claim, including--
(1) the financial condition of the medical product
producer;
(2) the severity of the harm caused by the conduct of the
medical product producer;
(3) the duration of the conduct or any concealment of the
conduct by the medical product producer;
(4) the profitability of the conduct to the medical product
producer;
(5) the number of products sold by the medical product
producer of the kind causing the harm complained of by the
claimant;
(6) awards of punitive or exemplary damages to persons
similarly situated to the claimant;
(7) prospective awards of compensatory damages to persons
similarly situated to the claimant;
(8) any criminal penalties imposed on the medical product
producer as a result of the conduct complained of by the
claimant; and
(9) the amount of any civil fines assessed against the
defendant as a result of the conduct complained of by the
claimant.
SEC. 208. JURISDICTION OF FEDERAL COURTS.
The district courts of the United States shall not have
jurisdiction of any health care liability action based on sections 1331
or 1337 of title 28, United States Code.
SEC. 209. PREEMPTION.
(a) In General.--This title supersedes any State law only to the
extent that the State law permits the recovery by a claimant or the
assessment against a defendant of a greater amount of damages, permits
the awarding of a greater amount of attorneys' fees, establishes a
longer period during which a medical malpractice claim or medical
product liability claim may be initiated, or establishes a less strict
standard of proof for determining whether a defendant has committed
malpractice, than the provisions of this title.
(b) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in this title shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(2) waive or affect any defense of sovereign immunity
asserted by the United States;
(3) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with respect to
claims brought by a foreign nation or a citizen of a foreign
nation; or
(5) affect the right of any court to transfer venue or to
apply the law of a foreign nation or to dismiss a claim of a
foreign nation or of a citizen of a foreign nation on the
ground in inconvenient forum.
HR 1572 IH----2
HR 1572 IH----3 | TABLE OF CONTENTS:
Title I: Grants to States for Alternative Dispute
Resolution Systems
Title II: Uniform Standards for Malpractice Claims
Medical Care Injury Compensation Reform Act of 1993 -
Title I: Grants to States for Alternative Dispute Resolution Systems
- Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems.
Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties.
Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented.
Title II: Uniform Standards for Malpractice Claims
- Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages for expenses to be incurred in the future, but shall be permitted to make periodic payments; (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, with each defendant liable only for non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility.
Establishes a two-year statute of limitations for medical malpractice and product liability claims, with an exception for minors under age six.
Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence.
Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory.
Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. | {"src": "billsum_train", "title": "Medical Care Injury Compensation Reform Act of 1993"} | 3,323 | 881 | 0.62132 | 2.106756 | 0.641374 | 4.952785 | 3.738499 | 0.930993 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Methamphetamine Abuse Reduction Act''.
SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS.
Section 515 of the Public Health Service Act (42 U.S.C. 290bb-21)
is amended by adding at the end the following:
``(e) Prevention of Methamphetamine Abuse and Addiction.--
``(1) Grants.--The Director of the Center for Substance
Abuse Prevention (referred to in this section as the
`Director') may make grants to and enter into contracts and
cooperative agreements with public and non-profit private
entities to enable such entities--
``(A) to carry out school-based programs concerning
the dangers of methamphetamine abuse and addiction,
using methods that are effective and evidence-based;
and
``(B) to carry out community-based methamphetamine
abuse and addiction prevention programs that are
effective and evidence-based.
``(2) Use of funds.--Amounts made available under a grant,
contract or cooperative agreement under paragraph (1) shall be
used for planning, establishing, or administering
methamphetamine prevention programs in accordance with
paragraph (3).
``(3) Prevention programs and activities.--
``(A) In general.--Amounts provided under this
subsection may be used--
``(i) to carry out school-based programs
that are focused on those districts with high
or increasing rates of methamphetamine abuse
and addiction and targeted at populations which
are most at risk to start methamphetamine
abuse;
``(ii) to carry out community-based
prevention programs that are focused on those
populations within the community that are most
at-risk for methamphetamine abuse and
addiction;
``(iii) to assist local government entities
to conduct appropriate methamphetamine
prevention activities;
``(iv) to train and educate State and local
law enforcement officials on the signs of
methamphetamine abuse and addiction and the
options for treatment and prevention;
``(v) for planning, administration, and
educational activities related to the
prevention of methamphetamine abuse and
addiction;
``(vi) for the monitoring and evaluation of
methamphetamine prevention activities, and
reporting and disseminating resulting
information to the public; and
``(vii) for targeted pilot programs with
evaluation components to encourage innovation
and experimentation with new methodologies.
``(B) Priority.--The Director shall give priority
in making grants under this subsection to rural and
urban areas that are experiencing a high rate or rapid
increases in methamphetamine abuse and addiction.
``(4) Analyses and evaluation.--
``(A) In general.--Not less than $500,000 of the
amount available in each fiscal year to carry out this
subsection shall be made available to the Director,
acting in consultation with other Federal agencies, to
support and conduct periodic analyses and evaluations
of effective prevention programs for methamphetamine
abuse and addiction and the development of appropriate
strategies for disseminating information about and
implementing these programs.
``(B) Annual reports.--The Director shall submit to
the Committee on Labor and Human Resources and
Committee on Appropriations of the Senate and the Committee on Commerce
and Committee on Appropriations of the House of Representatives, an
annual report with the results of the analyses and evaluation under
subparagraph (A).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $20,000,000 for
fiscal year 1999, and such sums as may be necessary for each
succeeding fiscal year.''.
SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW ENFORCEMENT FUNDING.
(a) Swift and Certain Punishment of Methamphetamine Laboratory
Operators.--
(1) Federal sentencing guidelines.--
(A) In general.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate
Federal sentencing guidelines or amend existing Federal
sentencing guidelines for any offense relating to the
manufacture, attempt to manufacture, or conspiracy to
manufacture amphetamine or methamphetamine in violation
of the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.) in
accordance with this paragraph.
(B) Requirements.--In carrying out this paragraph,
the United States Sentencing Commission shall, with
respect to each offense described in subparagraph (A)--
(i) increase the base offense level for the
offense--
(I) by not less than 3 offense
levels above the applicable level in
effect on the date of enactment of this
Act; or
(II) if the resulting base offense
level after an increase under subclause
(II) would be less than level 27, to
not less than level 27; or
(ii) if the offense created a substantial
risk of danger to the health and safety of
another person (including any Federal, State,
or local law enforcement officer lawfully
present at the location of the offense,
increase the base offense level for the
offense--
(I) by not less than 6 offense
levels above the applicable level in
effect on the date of enactment of this
Act; or
(II) if the resulting base offense
level after an increase under clause
(i) would be less than level 30, to not
less than level 30.
(C) Emergency authority to sentencing commission.--
The United States Sentencing Commission shall
promulgate the guidelines or amendments provided for
under this paragraph as soon as practicable after the
date of enactment of this Act in accordance with the
procedure set forth in section 21(a) of the Sentencing
Act of 1987 (Public Law 100-182), as though the
authority under that Act had not expired.
(2) Effective date.--The amendments made pursuant to this
subsection shall apply with respect to any offense occurring on
or after the date that is 60 days after the date of enactment
of this Act.
(b) Increased Resources For Law Enforcement.--There are authorized
to be appropriated to the Office of National Drug Control Policy to
combat the trafficking of methamphetamine in areas designated by the
Director of National Drug Control Policy as high intensity drug
trafficking areas--
(1) $25,000,000 for fiscal year 1999; and
(2) such sums as may be necessary for each of fiscal years
2000 through 2004.
SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE.
Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is
amended by adding at the end the following:
``(d) Treatment of Methamphetamine Abuse and Addiction.--
``(1) Grants.--The Director of the Center for Substance
Abuse Treatment (referred to in this section as the `Director')
may make grants to and enter into contracts and cooperative
agreements with public and non-profit private entities for the
purpose of expanding activities for the treatment of
methamphetamine abuse and addiction.
``(2) Use of funds.--Amounts made available under a grant,
contract or cooperative agreement under paragraph (1) shall be
used for planning, establishing, or administering
methamphetamine treatment programs in accordance with paragraph
(3).
``(3) Treatment programs and activities.--
``(A) In general.--Amounts provided under this
subsection may be used for--
``(i) evidence-based programs designed to
assist individuals to quit their use of
methamphetamine and remain drug-free;
``(ii) training in recognizing
methamphetamine abuse and addiction for health
professionals, including physicians, nurses,
dentists, health educators, public health
professionals, and other health care providers;
``(iii) training in methamphetamine
treatment methods for health plans, health
professionals, including physicians, nurses,
dentists, health educators, public health
professionals, and other health care providers;
``(iv) planning, administration, and
educational activities related to the treatment
of methamphetamine abuse and addiction;
``(v) the monitoring and evaluation of
methamphetamine treatment activities, and
reporting and disseminating resulting
information to health professionals and the
public;
``(vi) targeted pilot programs with
evaluation components to encourage innovation
and experimentation with new methodologies; and
``(vii) coordination with the Center for
Mental Health Services on the connection
between methamphetamine abuse and addiction and
mental illness.
``(B) Priority.--The Director shall give priority
in making grants under this subsection to rural and
urban areas that are experiencing a high rate or rapid
increases in methamphetamine abuse and addiction.
``(4) Analyses and evaluation.--
``(A) In general.--Not more than $1,000,000 of the
amount available in each fiscal year to carry out this
subsection shall be made available to the Director,
acting in consultation with other Federal agencies, to
support and conduct periodic analyses and evaluations
of effective treatments for methamphetamine abuse and
addiction and the development of appropriate strategies
for disseminating information about and implementing
treatment services.
``(B) Annual report.--The Director shall submit to
the Committee on Labor and Human Resources and
Committee on Appropriations of the Senate and the
Committee on Commerce and Committee on Appropriations
of the House or Representatives, an annual report with
the results of the analyses and evaluation conducted
under subparagraph (A).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $40,000,000 for
fiscal year 1999, and such sums as may be necessary for each
succeeding fiscal year.''.
SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH.
Section 464N of the Public Health Service Act (42 U.S.C. 285o-2) is
amended by adding at the end the following:
``(c) Methamphetamine Research.--
``(1) Grants.--The Director of the Institute may make
grants to expand interdisciplinary research relating to
methamphetamine abuse and addiction and other biomedical,
behavioral and social issues related to methamphetamine abuse
and addiction.
``(2) Use of funds.--Amounts made available under a grant
under paragraph (1) may be used to conduct interdisciplinary
research on methamphetamine abuse and addiction, including
research on--
``(A) the effects of methamphetamine abuse on the
human body;
``(B) the addictive nature of methamphetamine and
how such effects differ with respect to different
individuals;
``(C) the connection between methamphetamine abuse
and mental illness;
``(D) the identification and evaluation of the most
effective methods of prevention of methamphetamine
abuse and addiction;
``(E) the identification and development of the
most effective methods of treatment of methamphetamine
addiction, including pharmacological treatments;
``(F) risk factors for methamphetamine abuse;
``(G) effects of methamphetamine abuse and
addiction on pregnant women and their fetuses;
``(H) cultural, social, behavioral, neurological
and psychological reasons that individuals abuse
methamphetamine, or refrain from abusing
methamphetamine.
``(3) Research results.--The Director shall promptly
disseminate research results under this subsection to Federal,
State and local entities involved in combating methamphetamine
abuse and addiction.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $16,000,000 for
fiscal year 1999, and such sums as may be necessary for each
succeeding fiscal year.''. | Comprehensive Methamphetamine Abuse Reduction Act - Amends the Public Health Service Act (the Act) to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities to carry out: (1) school-based programs concerning the dangers of methamphetamine abuse and addiction; and (2) community based methamphetamine abuse and addiction prevention programs.
Requires that: (1) sums made available be used for planning, establishing, or administering methamphetamine prevention programs; and (2) the Director give priority in making grants to rural and urban areas that are experiencing a high rate or rapid increases in methamphetamine abuse and addiction.
Sets forth: (1) provisions regarding allotment of specified sums available for analyses and evaluations of effective prevention programs and the development of strategies for disseminating information about, and implementing, such programs; and (2) reporting requirements. Authorizes appropriations.
(Sec. 3) Directs the United States Sentencing Commission to promulgate or amend existing Federal sentencing guidelines to increase the base offense levels for offenses relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine.
Authorizes appropriations to the Office of National Drug Control Policy to combat the trafficking of methamphetamine in areas designated by the Director of National Drug Control Policy as high intensity drug trafficking areas.
(Sec. 4) Amends the Act to authorize the Director of the Center for Substance Abuse Prevention to make grants to, and enter into contracts and cooperative agreements with, public and non-profit private entities for the purpose of expanding activities for the treatment of methamphetamine abuse and addiction. Sets forth analogous provisions regarding the use of funds, permissible treatment programs and activities, priority in making grants, analyses and evaluation, reporting requirements, and authorization of appropriations.
(Sec. 5) Amends the Act to authorize the Director of the National Institute on Drug Abuse to make grants to expand interdisciplinary research relating to methamphetamine abuse and addiction and other biomedical, behavioral, and social issues related to methamphetamine abuse and addiction. Requires the Director to promptly disseminate research results to Federal, State, and local entities involved in combating methamphetamine abuse and addiction. Authorizes appropriations. | {"src": "billsum_train", "title": "Comprehensive Methamphetamine Abuse Reduction Act"} | 2,725 | 551 | 0.751719 | 2.381142 | 0.829524 | 4.013825 | 5.403226 | 0.926267 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Prevention and
Enforcement Act''.
TITLE I--THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Child Abuse Prevention and
Enforcement Act''.
SEC. 102. GRANT PROGRAM.
Section 102(b) of the Crime Identification Technology Act of 1998
(42 U.S.C. 14601(b)) is amended by striking ``and'' at the end of
paragraph (15), by striking the period at the end of paragraph (16) and
inserting ``; and'', and by adding after paragraph (16) the following:
``(17) the capability of the criminal justice system to
deliver timely, accurate, and complete criminal history record
information to child welfare agencies, organizations, and
programs that are engaged in the assessment of risk and other
activities related to the protection of children, including
protection against child abuse, and placement of children in
foster care.''.
SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751) is amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting a semicolon; and
(3) by adding at the end the following:
``(27) enforcing child abuse and neglect laws, including
laws protecting against child sexual abuse, and promoting
programs designed to prevent child abuse and neglect;
``(28) establishing our supporting cooperative programs
between law enforcement and media organizations, to collect,
record, retain, and disseminate information useful in the
identification and apprehension of suspected criminal
offenders.''.
SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR CHILD ABUSE VICTIMS
UNDER THE VICTIMS OF CRIME ACT OF 1984.
(a) In General.--Section 1402(d)(2) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(2)) is amended--
(1) by striking ``(2) the next $10,000,000'' and inserting
``(2)(A) Except as provided in subparagraph (B), the next
$10,000,000''; and
(2) by adding at the end the following:
``(B)(i) For any fiscal year for which the amount deposited
in the Fund is greater than the amount deposited in the Fund
for fiscal year 1998, the $10,000,000 referred to in
subparagraph (A) plus an amount equal to 50 percent of the
increase in the amount from fiscal year 1998 shall be available
for grants under section 1404A.
``(ii) Amounts available under this subparagraph for any
fiscal year shall not exceed $20,000,000.''.
(b) Interaction With Any Cap.--Subsection (a) shall be implemented
so that any increase in funding provided thereby shall operate
notwithstanding any dollar limitation on the availability of the Crime
Victims Fund established under the Victims of Crime Act of 1984.
TITLE II--JENNIFER'S LAW
SEC. 201. SHORT TITLE.
This title may be cited as ``Jennifer's Law''.
SEC. 202. PROGRAM AUTHORIZED.
The Attorney General is authorized to provide grant awards to
States to enable States to improve the reporting of unidentified and
missing persons.
SEC. 203. ELIGIBILITY.
(a) Application.--To be eligible to receive a grant award under
this title, a State shall submit an application at such time and in
such form as the Attorney General may reasonably require.
(b) Contents.--Each such application shall include assurances that
the State shall, to the greatest extent possible--
(1) report to the National Crime Information Center and
when possible, to law enforcement authorities throughout the
State regarding every deceased unidentified person, regardless
of age, found in the State's jurisdiction;
(2) enter a complete profile of such unidentified persons
in compliance with the guidelines established by the Department
of Justice for the National Crime Information Center Missing
and Unidentified Persons File, including dental records, DNA
records, x-rays, and fingerprints, if available;
(3) enter the National Crime Information Center number or
other appropriate number assigned to the unidentified person on
the death certificate of each such unidentified person; and
(4) retain all such records pertaining to unidentified
persons until a person is identified.
SEC. 204. USES OF FUNDS.
A State that receives a grant award under this title may use such
funds received to establish or expand programs developed to improve the
reporting of unidentified persons in accordance with the assurances
provided in the application submitted pursuant to section 203(b).
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$2,000,000 for each of fiscal years 2000, 2001, and 2002. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of funds under the drug control and system improvement (Byrne) grant program for: (1) enforcement of child abuse and neglect laws, including protection against child sexual abuse; and (2) cooperative information sharing programs between law enforcement and media organizations pertaining to the identification and apprehension of suspected criminal offenders.
Amends the Victims of Crime Act of 1984 to increase the amount of funds in the Crime Victims Fund for child abuse prevention and treatment grants in specified circumstances.
Title II: Jennifer's Law
- Jennifer' s Law - Authorizes the Attorney General to award grants to enable States to improve the reporting of unidentified and missing persons. Authorizes the use of such grant awards to establish or expand programs developed to improve the reporting of unidentified persons. Authorizes appropriations. | {"src": "billsum_train", "title": "Child Abuse Prevention and Enforcement Act"} | 1,187 | 193 | 0.533734 | 1.448966 | 0.813938 | 3.582822 | 6.196319 | 0.907975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citrus Investment in Treatment and
Research for U.S. Sustainability Act'' or the ``CITRUS Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The citrus industry is grappling with the most serious
threat in its history: a bacterial disease called citrus
greening or Huanglongbing that on the date of the enactment of
this Act, does not have a cure.
(2) Huanglongbing has caused a reduction in citrus
production by over 60 percent since 2007 in Florida.
(3) All citrus-producing counties in Texas are under
quarantine, the Asian Citrus Psyllid (the vector of the
disease) has been found in backyard trees in California, and
the disease has also been found in Arizona.
(4) The spread of this disease places the domestic citrus
industry's future into question and has caused the loss of
thousands of jobs and millions in revenue.
(5) Great progress has been made through Federal, State and
industry collaboration, but it is imperative that Congress
provide further research funding and grower assistance.
(6) The citrus industry will only eradicate the disease
through research funding for short-term and long-term cures and
by ensuring there are adequate incentives for growers to
replace diseased trees.
(7) The Emergency Citrus Disease Research and Extension
Program is a program to discover and develop tools for early
detection, control, and eradication of diseases and pests that
threaten domestic citrus production and processing that
receives $25,000,000 per year in mandatory funding through the
Specialty Crop Research Initiative.
(8) The Citrus Health Response Program (CHRP) is a national
effort to protect the domestic citrus industry from invasive
citrus pests and diseases through partnerships with State
departments of agriculture and industry groups.
(9) The Huanglongbing Multi-Agency Coordination Group (HLB-
MAC) is instrumental in helping respond to critical issues that
impact the health of the citrus industry.
(10) The Tree Assistance Program has aided growers in
replacing diseased trees, but expanding access to this
assistance is needed.
SEC. 3. REAUTHORIZATION OF EMERGENCY CITRUS DISEASE RESEARCH AND
EXTENSION PROGRAM.
(a) Reauthorization of Emergency Citrus Disease Research and
Extension Program.--Section 412 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is
amended--
(1) in subsection (j)--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph
(5); and
(2) in subsection (k)(1)(C), by striking ``fiscal years
2014 through 2018'' and inserting ``fiscal years 2018 through
2023''.
(b) Extension of Citrus Disease Subcommittee Termination Date.--
Section 1408A(a)(2)(D) of the Food and Agriculture Act of 1977 (7
U.S.C. 3123a(a)(2)(D)) is amended by striking ``on September 30, 2018''
and inserting ``on the date Huanglongbing and the Asian Citrus Psyllid
no longer pose a threat to United States citrus production, as
determined by the citrus disease subcommittee''.
SEC. 4. AUTHORIZATION FOR CITRUS HEALTH RESPONSE PROGRAM.
For purposes of carrying out the citrus health response program of
the Animal and Plant Health Inspection Service, there is authorized to
be appropriated such sums as may be necessary for fiscal years 2018
through 2023.
SEC. 5. AUTHORIZATION FOR MULTI-AGENCY COORDINATION GROUP.
For purposes of carrying out the activities of the Huanglongbing
Multi-Agency Coordination Group (HLB-MAC) under the Department of
Agriculture, there is authorized to be appropriated such sums as may be
necessary for fiscal years 2018 through 2023.
SEC. 6. LIMITATIONS ON ASSISTANCE FOR THE TREE ASSISTANCE PROGRAM.
(a) Limitations on Assistance.--Section 1501(e)(4) of the
Agricultural Act of 2014 (7 U.S.C. 9081(e)(4)) is amended--
(1) in subparagraph (B)--
(A) by striking ``exceed $125,000'' and inserting
the following: ``exceed--
``(i) $125,000'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following new clause:
``(ii) if the person or legal entity is a
citrus producer (as defined in paragraph (5) of
section 412(j) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(j))), $250,000, for any crop year,
or an equivalent value in tree seedlings.'';
(2) in subparagraph (C)--
(A) by striking ``exceed 500 acres.'' and inserting
the following: ``exceed--
``(i) 500 acres; or
``(ii) if the person or legal entity is a
citrus producer (as defined in paragraph (5) of
section 412(j) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(j))), 1500 acres.''.
(b) Adjusted Gross Income Requirement.--Section 1001D(b) of the
Food Security Act of 1985 (7 U.S.C. 1308-3a(b)) is amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (3),'' after ``provision of law,'';
(2) in paragraph (2)(A), by striking ``A payment'' and
inserting ``Except as provided in paragraph (3), a payment'';
and
(3) by adding at the end the following:
``(3) Exception for citrus producers under tree assistance
program.--A person or legal entity that is a citrus producer
(as defined in paragraph (5) of section 412(j) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(j))) shall not be eligible to receive a
benefit under the tree assistance program under section 1501(e)
of the Agricultural Act of 2014 (7 U.S.C. 9081(e)), during a
crop year if the average adjusted gross income of the person or
legal entity exceeds $1,800,000.''. | Citrus Investment in Treatment and Research for U.S. Sustainability Act or the CITRUS Act This bill amends several agricultural laws to authorize various Department of Agriculture (USDA) citrus programs. The bill reauthorizes through FY2023: (1) the Emergency Citrus Disease Research and Extension Program, (2) the Citrus Health Response Program, and (3) the Huanglongbing Multi-Agency Coordination Group. (Huanglongbing, also known as citrus greening, is a disease that damages citrus trees and reduces citrus production. It is primarily spread through insects known as Asian citrus psyllids.) The bill extends the termination date for USDA's Citrus Disease Subcommittee from September 30, 2018, until the subcommittee determines that Huanglongbing and the Asian citrus psyllid no longer pose a threat to U.S. citrus production. The bill modifies the Tree Assistance Program to allow citrus producers to: (1) receive additional assistance under the program, and (2) have higher adjusted gross incomes while receiving benefits under the program. (The program provides financial assistance to qualifying orchardists and nursery tree growers to replant or rehabilitate eligible trees, bushes, and vines damaged by natural disasters, including disease.) | {"src": "billsum_train", "title": "Citrus Investment in Treatment and Research for U.S. Sustainability Act"} | 1,490 | 279 | 0.677093 | 2.21085 | 0.794993 | 2.122727 | 5.718182 | 0.777273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Escambia County Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Escambia County,
Florida.
(2) Non-federal land.--The term ``non-Federal land'' means
the former Santa Rosa Island National Monument land in the
State that was conveyed by the United States to the County
under the Act of July 30, 1946 (60 Stat. 712, chapter 699), and
by deed dated January 15, 1947.
(3) State.--The term ``State'' means the State of Florida.
SEC. 3. RECONVEYANCE OF NON-FEDERAL LAND TO ESCAMBIA COUNTY, FLORIDA.
(a) In General.--Notwithstanding the restrictions on conveyance in
the Act of July 30, 1946 (60 Stat. 712, chapter 699), and the deed to
the non-Federal land from the United States to the County dated January
15, 1947, and subject to subsections (c) through (g), the County may
convey all right, title, and interest of the County in and to the non-
Federal land or any portion of the non-Federal land, to any person or
entity, without any restriction on conveyance or reconveyance imposed
by the United States in that Act or deed.
(b) Effect on Leasehold Interests.--No person or entity holding a
leasehold interest in the non-Federal land as of the date of enactment
of this Act shall be required to involuntarily accept a fee interest to
the non-Federal land in place of the leasehold interest in the non-
Federal land.
(c) Conveyance of Land Within Santa Rosa County, Florida.--
(1) In general.--As a condition of the authority granted to
the County to convey the non-Federal land under subsection (a),
all right, title, and interest of the County in and to any
portion of the non-Federal land that is within the
jurisdictional boundaries of Santa Rosa County, Florida, shall
be conveyed by the County to Santa Rosa County, Florida, by the
date that is 2 years after the date of enactment of this Act.
(2) Requirements.--A conveyance under paragraph (1) shall--
(A) be absolute;
(B) terminate--
(i) any subjugation of Santa Rosa County,
Florida, to the County; or
(ii) any regulation of Santa Rosa County,
Florida, by the County; and
(C) be without consideration, except that the
County may require Santa Rosa County, Florida, to pay
the actual costs associated with the conveyance of the
non-Federal land to Santa Rosa County, Florida.
(3) Assumption of ownership; imposition of restrictions.--
On conveyance of the non-Federal land to Santa Rosa County,
Florida, under paragraph (1), Santa Rosa County, Florida--
(A) shall assume ownership of the non-Federal land
free of the restrictions on the non-Federal land
described in subsection (g); and
(B) may establish any lawful restrictions on, or
criteria for the reconveyance of, the non-Federal land
to any leaseholder of the non-Federal land.
(4) Reconveyance.--Santa Rosa County, Florida, or any other
person to whom Santa Rosa County, Florida, reconveys the non-
Federal land may reconvey the non-Federal land or any portion
of the non-Federal land conveyed to Santa Rosa County, Florida,
under paragraph (1).
(d) Incorporation or Annexation.--An owner or leaseholder of the
non-Federal land conveyed under this section may pursue incorporation,
annexation, or any other governmental status for the non-Federal land,
if the owner or leaseholder complies with the legal conditions required
for incorporation, annexation, or the other governmental status.
(e) Jurisdiction.--The non-Federal land shall be subject to the
jurisdiction of the county or unit of local government in which the
non-Federal land is located.
(f) Proceeds.--Any proceeds from the conveyance of the non-Federal
land by the County or Santa Rosa County, Florida (other than amounts
paid for the direct and incidental costs associated with the
conveyance), under this section shall--
(1) be considered to be windfall profits; and
(2) revert to the United States.
(g) Preservation.--As a condition of the grant of the authority to
convey the non-Federal land under subsection (a), the County shall
preserve in perpetuity the areas of the non-Federal land that, as of
the date of enactment of this Act, are dedicated for conservation,
preservation, public recreation access, and public parking, in
accordance with any resolutions of the Board of Commissioners of the
County.
(h) Determination of Compliance.--The County and Santa Rosa County,
Florida--
(1) except as provided in subsection (c)(1), shall not be
subject to a deadline or requirement to make any conveyance or
reconveyance of the non-Federal land authorized under this
section; and
(2) may establish terms for the conveyance or reconveyance
of the non-Federal land authorized under this section, subject
to this Act and applicable State law. | Escambia County Land Conveyance Act This bill authorizes Escambia County, Florida, to convey its interest in any part of the former Santa Rosa Island National Monument land that was conveyed to it by the federal government in 1947 to any person or entity, without restriction. The bill prohibits any person or entity holding a leasehold interest in such land from being required to involuntarily accept a fee interest to such land in place of the leasehold interest. The bill conditions such conveyance on requirements that: (1) all interest of Escambia County in any part of such land that is within the jurisdictional boundaries of Santa Rosa County, Florida, must be conveyed to Santa Rosa County within two years of the enactment of this bill; and (2) Escambia County must preserve in perpetuity the areas of the conveyed monument land that, as of this bill's enactment, are dedicated for conservation, preservation, public recreation access, and public parking. Santa Rosa County shall assume ownership of the non-federal land conveyed to it free of such restrictions. Santa Rosa County or any other person to whom such county reconveys such land may reconvey any part of it. Any proceeds from the conveyance of such land by either county shall be considered to be windfall profits that shall revert to the United States. | {"src": "billsum_train", "title": "Escambia County Land Conveyance Act"} | 1,261 | 290 | 0.714181 | 2.231052 | 0.79955 | 3.700405 | 4.34413 | 0.866397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standards for Internet Non-
Censorship Act of 2010'' or the ``SINC Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Internet has been a tremendous force for freedom
and economic development worldwide.
(2) In recent years, Internet freedom has been compromised
by repressive regimes that use this technology to control the
free flow of information and to limit nonviolent political
debate.
(3) One of the most egregious violations of Internet
freedom has been the enforcement of arbitrary and politically
motivated censorship of search engines by repressive regimes
that often force search providers to censor search results
domestically and globally as a condition of doing business.
(4) Access to United States Web sites by search engines
around the world provides billions of dollars of market value
to the owners of these search engines.
(5) Search engines under the control of repressive regimes
receive the economic benefit of accessing United States Web
sites and use this access to provide an incomplete and
distorted view of the United States and the world.
(6) Repressive control and censorship of the Internet will
continue to be a significant international issue that requires
decisive action from the United States and other free
countries.
(7) The long-term future of the Internet as an unfettered
source of nonviolent free speech will depend on the worldwide
adoption of minimum standards of non-censorship.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should promptly establish interim minimum
standards of non-censorship for Internet search providers and
create programs to restrict access to domestic online
information by search providers determined to be censoring
nonviolent political speech;
(2) any long-term solution to the problem of the censorship
of nonviolent political speech on the Internet must include
minimum standards of non-censorship set by a coalition of free
countries; and
(3) the President should begin negotiations with free
countries to adopt minimum standards for non-censorship of
nonviolent political speech as a condition for access to the
Internet.
SEC. 4. FEDERAL COMMUNICATIONS COMMISSION REGULATION AGAINST
CENSORSHIP.
(a) Regulations Against Censorship Authorized.--The Commission may
commence a proceeding to adopt regulations to restrict repressive
Internet search providers from accessing domestic online information.
(b) Web Site.--If the Commission adopts regulations under
subsection (a), the Commission shall develop, operate, and maintain a
public Web site that lists such repressive Internet search providers
and the reasons for finding that such Internet search providers were
repressive.
(c) Enforcement Authorized.--The Commission may enforce the
regulations under subsection (a) using any existing enforcement
authority to prevent Internet search providers and any other person or
entity from colluding to evade such regulations.
SEC. 5. DEVELOPMENT OF INTERNATIONAL MINIMUM STANDARDS OF NON-
CENSORSHIP FOR THE INTERNET.
(a) International Agreements.--The Secretary of State, in
consultation with the Commission, shall seek to enter into agreements
with appropriate representatives of free countries to adopt minimum
standards to prevent censorship of nonviolent political speech on the
Internet as a condition for connection to the Internet.
(b) Restriction of the Internet.--Not earlier than 1 year after the
date of enactment of this Act, the Commission may commence a proceeding
to adopt regulations to restrict or prevent foreign countries and other
entities that operate outside of any agreements made pursuant to
subsection (a) from accessing domestic online information.
SEC. 6. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Free country.--The term ``free country'' means a
foreign country that does not censor nonviolent political
speech on the Internet.
(3) Internet.--The term ``Internet'' has the meaning given
the term in section 231(e) of the Communications Act of 1934
(47 U.S.C. 231(e)).
(4) Domestic online information.--The term ``domestic
online information'' means Web sites, databases, and other
digital information that is housed or hosted on computers
located in the United States or any territory or possession of
the United States.
(5) Repressive internet search provider.--The term
``repressive Internet search provider'' means an Internet
search provider that censors search results for the purpose of
suppressing nonviolent political speech. | Standards for Internet Non-Censorship Act of 2010 or the SINC Act of 2010 - Declares it to be the sense of Congress that: (1) the President should establish interim minimum standards of non-censorship for Internet search providers and create programs to restrict access to domestic online information by providers determined to be censoring nonviolent political speech; (2) any long-term solution to the problem of the censorship of nonviolent political speech on the Internet must include minimum standards of non-censorship set by a coalition of free countries; and (3) the President should negotiate with free countries to adopt minimum standards for non-censorship of nonviolent political speech as a condition for access to the Internet.
Authorizes the Federal Communications Commission (FCC) to begin a proceeding to adopt regulations to restrict repressive Internet search providers from accessing domestic online information.
Requires the FCC, if it adopts such regulations, to develop, operate, and maintain a public website that lists repressive providers and the reasons for finding that the providers were repressive.
Authorizes the FCC to enforce the regulations using any existing enforcement authority to prevent collusion to evade the regulations.
Directs the Secretary of State to seek to enter into agreements with free countries to adopt minimum standards. Authorizes the FCC to begin a proceeding to adopt regulations to restrict or prevent entities that operate outside of any such agreements from accessing domestic online information. | {"src": "billsum_train", "title": "To authorize the Federal Communications Commission to issue regulations against the censorship of Internet search results, and for other purposes."} | 1,013 | 310 | 0.72432 | 2.259276 | 0.929915 | 5.672932 | 3.379699 | 0.951128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program Management Improvement
Accountability Act''.
SEC. 2. PROJECT MANAGEMENT.
(a) Deputy Director for Management.--
(1) Additional functions.--Section 503 of title 31, United
States Code, is amended by adding at the end the following:
``(c) Program and Project Management.--
``(1) Requirement.--Subject to the direction and approval of
the Director, the Deputy Director for Management or a designee
shall--
``(A) adopt governmentwide standards, policies, and
guidelines for program and project management for executive
agencies;
``(B) oversee implementation of program and project
management for the standards, policies, and guidelines
established under subparagraph (A);
``(C) chair the Program Management Policy Council
established under section 1126(b);
``(D) establish standards and policies for executive
agencies, consistent with widely accepted standards for program
and project management planning and delivery;
``(E) engage with the private sector to identify best
practices in program and project management that would improve
Federal program and project management;
``(F) conduct portfolio reviews to address programs
identified as high risk by the Government Accountability
Office;
``(G) not less than annually, conduct portfolio reviews of
agency programs in coordination with Project Management
Improvement Officers designated under section 1126(a)(1) to
assess the quality and effectiveness of program management; and
``(H) establish a 5-year strategic plan for program and
project management.
``(2) Application to department of defense.--Paragraph (1)
shall not apply to the Department of Defense to the extent that the
provisions of that paragraph are substantially similar to or
duplicative of--
``(A) the provisions of chapter 87 of title 10; or
``(B) policy, guidance, or instruction of the Department
related to program management.''.
(2) Deadline for standards, policies, and guidelines.--Not
later than 1 year after the date of enactment of this Act, the
Deputy Director for Management of the Office of Management and
Budget shall issue the standards, policies, and guidelines required
under section 503(c) of title 31, United States Code, as added by
paragraph (1).
(3) Regulations.--Not later than 90 days after the date on
which the standards, policies, and guidelines are issued under
paragraph (2), the Deputy Director for Management of the Office of
Management and Budget, in consultation with the Program Management
Policy Council established under section 1126(b) of title 31,
United States Code, as added by subsection (b)(1), and the Director
of the Office of Management and Budget, shall issue any regulations
as are necessary to implement the requirements of section 503(c) of
title 31, United States Code, as added by paragraph (1).
(b) Program Management Improvement Officers and Program Management
Policy Council.--
(1) Amendment.--Chapter 11 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 1126. Program management improvement officers and program
management policy council
``(a) Program Management Improvement Officers.--
``(1) Designation.--The head of each agency described in
section 901(b) shall designate a senior executive of the agency as
the Program Management Improvement Officer of the agency.
``(2) Functions.--The Program Management Improvement Officer of
an agency designated under paragraph (1) shall--
``(A) implement program management policies established by
the agency under section 503(c); and
``(B) develop a strategy for enhancing the role of program
managers within the agency that includes the following:
``(i) Enhanced training and educational opportunities
for program managers that shall include--
``(I) training in the relevant competencies
encompassed with program and project manager within the
private sector for program managers; and
``(II) training that emphasizes cost containment
for large projects and programs.
``(ii) Mentoring of current and future program managers
by experienced senior executives and program managers
within the agency.
``(iii) Improved career paths and career opportunities
for program managers.
``(iv) A plan to encourage the recruitment and
retention of highly qualified individuals to serve as
program managers.
``(v) Improved means of collecting and disseminating
best practices and lessons learned to enhance program
management across the agency.
``(vi) Common templates and tools to support improved
data gathering and analysis for program management and
oversight purposes.
``(3) Application to department of defense.--This subsection
shall not apply to the Department of Defense to the extent that the
provisions of this subsection are substantially similar to or
duplicative of the provisions of chapter 87 of title 10. For
purposes of paragraph (1), the Under Secretary of Defense for
Acquisition, Technology, and Logistics (or a designee of the Under
Secretary) shall be considered the Program Management Improvement
Officer.
``(b) Program Management Policy Council.--
``(1) Establishment.--There is established in the Office of
Management and Budget a council to be known as the `Program
Management Policy Council' (in this subsection referred to as the
`Council').
``(2) Purpose and functions.--The Council shall act as the
principal interagency forum for improving agency practices related
to program and project management. The Council shall--
``(A) advise and assist the Deputy Director for Management
of the Office of Management and Budget;
``(B) review programs identified as high risk by the
General Accountability Office and make recommendations for
actions to be taken by the Deputy Director for Management of
the Office of Management and Budget or a designee;
``(C) discuss topics of importance to the workforce,
including--
``(i) career development and workforce development
needs;
``(ii) policy to support continuous improvement in
program and project management; and
``(iii) major challenges across agencies in managing
programs;
``(D) advise on the development and applicability of
standards governmentwide for program management transparency;
and
``(E) review the information published on the website of
the Office of Management and Budget pursuant to section 1122.
``(3) Membership.--
``(A) Composition.--The Council shall be composed of the
following members:
``(i) Five members from the Office of Management and
Budget as follows:
``(I) The Deputy Director for Management.
``(II) The Administrator of the Office of
Electronic Government.
``(III) The Administrator of Federal Procurement
Policy.
``(IV) The Controller of the Office of Federal
Financial Management.
``(V) The Director of the Office of Performance and
Personnel Management.
``(ii) The Program Management Improvement Officer from
each agency described in section 901(b).
``(iii) Any other full-time or permanent part-time
officer or employee of the Federal Government or member of
the Armed Forces designated by the Chairperson.
``(B) Chairperson and vice chairperson.--
``(i) In general.--The Deputy Director for Management
of the Office of Management and Budget shall be the
Chairperson of the Council. A Vice Chairperson shall be
elected by the members and shall serve a term of not more
than 1 year.
``(ii) Duties.--The Chairperson shall preside at the
meetings of the Council, determine the agenda of the
Council, direct the work of the Council, and establish and
direct subgroups of the Council as appropriate.
``(4) Meetings.--The Council shall meet not less than twice per
fiscal year and may meet at the call of the Chairperson or a
majority of the members of the Council.
``(5) Support.--The head of each agency with a Project
Management Improvement Officer serving on the Council shall provide
administrative support to the Council, as appropriate, at the
request of the Chairperson.''.
(2) Report required.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with each Program Management Improvement
Officer designated under section 1126(a)(1) of title 31, United
States Code, shall submit to Congress a report containing the
strategy developed under section 1126(a)(2)(B) of such title, as
added by paragraph (1).
(c) Program and Project Management Personnel Standards.--
(1) Definition.--In this subsection, the term ``agency'' means
each agency described in section 901(b) of title 31, United States
Code, other than the Department of Defense.
(2) Regulations required.--Not later than 180 days after the
date on which the standards, policies, and guidelines are issued
under section 503(c) of title 31, United States Code, as added by
subsection (a)(1), the Director of the Office of Personnel
Management, in consultation with the Director of the Office of
Management and Budget, shall issue regulations that--
(A) identify key skills and competencies needed for a
program and project manager in an agency;
(B) establish a new job series, or update and improve an
existing job series, for program and project management within
an agency; and
(C) establish a new career path for program and project
managers within an agency.
(d) Gao Report on Effectiveness of Policies on Program and Project
Management.--Not later than 3 years after the date of enactment of this
Act, the Government Accountability Office shall issue, in conjunction
with the High Risk list of the Government Accountability Office, a
report examining the effectiveness of the following on improving
Federal program and project management:
(1) The standards, policies, and guidelines for program and
project management issued under section 503(c) of title 31, United
States Code, as added by subsection (a)(1).
(2) The 5-year strategic plan established under section
503(c)(1)(H) of title 31, United States Code, as added by
subsection (a)(1).
(3) Program Management Improvement Officers designated under
section 1126(a)(1) of title 31, United States Code, as added by
subsection (b)(1).
(4) The Program Management Policy Council established under
section 1126(b)(1) of title 31, United States Code, as added by
subsection (b)(1).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on September 22, 2016. Program Management Improvement Accountability Act (Sec. 2) This bill establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to: adopt and oversee implementation of government-wide standards, policies, and guidelines for program and project management for executive agencies; chair the Program Management Policy Council (established by this Act); establish standards and policies for executive agencies consistent with widely accepted standards for program and project management planning and delivery; engage with the private sector to identify best practices in program and project management that would improve federal program and project management; conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office (GAO); conduct portfolio reviews of agency programs at least annually to assess the quality and effectiveness of program management; and establish a five-year strategic plan for program and project management. The bill exempts the Department of Defense (DOD) from such provisions to the extent that they are substantially similar to: (1) federal provisions governing the defense acquisition workforce; or (2) policy, guidance, or instruction of DOD related to program management. The head of each federal agency that is required to have a Chief Financial Officer shall designate a Program Management Improvement Officer to implement agency program management policies and develop a strategy for enhancing the role of program managers within the agency. The OMB must submit a report containing such strategy within one year after enactment of this bill. The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be considered the Program Management Improvement Officer for DOD. The Program Management Policy Council is established within OMB to act as the principal interagency forum for improving agency practices related to program and project management. The Office of Personnel Management must issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series or update and improve an existing job series for program and project management within an agency, and (3) establish a new career path for program and project managers. The GAO must issue a report within three years of enactment, in conjunction with its high risk list, examining the effectiveness of the following (as required or established under this Act) on improving federal program and project management: the standards, policies, and guidelines for program and project management; the strategic plan; Program Management Improvement Officers; and the Program Management Policy Council. | {"src": "billsum_train", "title": "Program Management Improvement Accountability Act"} | 2,245 | 515 | 0.692768 | 2.208261 | 0.811879 | 4.236473 | 4.372745 | 0.90982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Revitalization Tax Act of
1995''.
SEC. 2. COMMERCIAL REVITALIZATION TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to investment credit) is amended by striking ``and''
at the end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) the commercial revitalization credit.''
(b) Commercial Revitalization Credit.--Subpart E of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
(relating to rules for computing investment credit) is amended by
inserting after section 48 the following new section:
``SEC. 48A. COMMERCIAL REVITALIZATION CREDIT.
``(a) General Rule.--For purposes of section 46, except as provided
in subsection (e), the commercial revitalization credit for any taxable
year is an amount equal to the applicable percentage of the qualified
revitalization expenditures with respect to any qualified
revitalization building.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means--
``(A) 20 percent, or
``(B) at the election of the taxpayer, 5 percent
for each taxable year in the credit period.
The election under subparagraph (B), once made, shall be
irrevocable.
``(2) Credit period.--
``(A) In general.--The term `credit period' means,
with respect to any building, the period of 10 taxable
years beginning with the taxable year in which the
building is placed in service.
``(B) Applicable rules.--Rules similar to the rules
under paragraphs (2) and (4) of section 42(f) shall
apply.
``(c) Qualified Revitalization Buildings and Expenditures.--For
purposes of this section--
``(1) Qualified revitalization building.--The term
`qualified revitalization building' means any building (and its
structural components) if--
``(A) such building is located in an eligible
commercial revitalization area,
``(B) a commercial revitalization credit amount is
allocated to the building under subsection (e), and
``(C) depreciation (or amortization in lieu of
depreciation) is allowable with respect to the
building.
``(2) Qualified rehabilitation expenditure.--
``(A) In general.--The term `qualified
rehabilitation expenditure' means any amount properly
chargeable to capital account--
``(i) for properly for which depreciation
is allowable under section 168 and which is--
``(I) nonresidential real property,
or
``(II) an addition or improvement
to property described in subclause (I),
``(ii) in connection with the construction
or substantial rehabilitation or reconstruction
of a qualified revitalization building, and
``(iii) for the acquisition of land in
connection with the qualified revitalization
building.
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified revitalization
expenditures with respect to any qualified
revitalization building for any taxable year shall not
exceed $10,000,000, reduced by any such expenditures
with respect to the building taken into account by the
taxpayer or any predecessor in determining the amount
of the credit under this section for all preceding
taxable years.
``(C) Certain expenditures not included.--The term
`qualified revitalization expenditure' does not
include--
``(i) Straight line depreciation must be
used.--Any expenditure (other than with respect
to land acquisitions) with respect to which the
taxpayer does not use the straight line method
over a recovery period determined under
subsection (c) or (g) of section 168. The
preceding sentence shall not apply to any
expenditure to the extent the alternative
depreciation system of section 168(g) applies
to such expenditure by reason of subparagraph
(B) or (C) of section 168(g)(1).
``(ii) Acquisition costs.--The costs of
acquiring any building or interest therein and
any land in connection with such building to
the extent that such costs exceed 30 percent of
the qualified revitalization expenditures
determined without regard to this clause.
``(iii) Other credits.--Any expenditure
which the taxpayer may take into account in
computing any other credit allowable under this
part unless the taxpayer elects to take the
expenditure into account only for purposes of
this section.
``(3) Eligible commercial revitalization area.--The term
`eligible commercial revitalization area' means--
``(A) an empowerment zone or enterprise community
designated under subchapter U,
``(B) any area established pursuant to any
consolidated planning process for the use of Federal
housing and community development funds, and
``(C) any other specially designated commercial
revitalization district established by any State or
local government, which is a low- income census tract
or low-income nonmetropolitan area (as defined in
subsection (e)(2)(C) and is not primarily a
nonresidential central business district.
``(4) Substantial rehabilitation or reconstruction.--For
purposes of this subsection, a rehabilitation or reconstruction
shall be treated as a substantial rehabilitation or
reconstruction only if the qualified revitalization
expenditures in connection with the rehabilitation or
reconstruction exceed 25 percent of the fair market value of
the building (and its structural components) immediately before
the rehabilitation or reconstruction.
``(d) When Expenditures Taken Into Account.--
``(1) In general.--Qualified revitalization expenditures
with respect to any qualified revitalization building shall be
taken into account for the taxable year in which the qualified
rehabilitated building is placed in service. For purposes of
the preceding sentence, a substantial rehabilitation or
reconstruction of a building shall be treated as a separate
building.
``(2) Progress expenditure payments.--Rules similar to the
rules of subsections (b)(2) and (d) of section 47 shall apply
for purposes of this section.
``(e) Limitation on Aggregate Credits Allowable With Respect to
Buildings Located in a State.--
``(1) In general.--The amount of the credit determined
under this section for any taxable year with respect to any
building shall not exceed the commercial revitalization credit
amount (in the case of an amount determined under subsection
(b)(1)(B), the present value of such amount as determined under
the rules of section 42(b)(2)(C)) allocated to such building
under this subsection by the commercial revitalization credit
agency. Such allocation shall be made at the same time and in
the same manner as under paragraphs (1) and (7) of section
42(h).
``(2) Commercial revitalization credit amount for
agencies.--
``(A) In general.--The aggregate commercial
revitalization credit amount which a commercial
revitalization credit agency may allocate for any
calendar year is the portion of the State commercial
revitalization credit ceiling allocated under this
paragraph for such calendar year for such agency.
``(B) State commercial revitalization credit
ceiling.--
``(i) In general.--The State commercial
revitalization credit ceiling applicable to any
State for any calendar year is an amount which
bears the same ratio to the national ceiling
for the calendar year as the population of low-
income census tracts and low-income
nonmetropolitan areas within the State bears to
the population of such tracts and areas within
all States.
``(ii) National ceiling.--For purposes of
clause (i), the national ceiling is
$100,000,000 for 1996, $200,000,000 for 1997,
and $400,000,000 for calendar years after 1997.
``(iii) Other special rules.--Rules similar
to the rules of subparagraphs (D), (E), (F),
and (G) of section 42(h)(3) shall apply for
purposes of this subsection.
``(C) Low-income areas.-- For purposes of
subparagraph (B), the terms `low-income census tract'
and low-income nonmetropolitan area' mean a tract or
area in which, according to the most recent census data
available, at least 50 percent of residents earned no
more than 60 percent of the median household income for
the applicable Metropolitan Standard Area, Consolidated
Metropolitan Standard Area, or all nonmetropolitan
areas in the State.
``(D) Commercial revitalization credit agency.--For
purposes of this section, the term `commercial
revitalization credit agency' means any agency
authorized by a State to carry out this section.
``(E) State.--For purposes of this section, the
term `State' includes a possession of the United
States.
``(f) Responsibilities of Commercial Revitalization Credit
Agencies.--
``(1) Plans for allocation.--Notwithstanding any other
provision of this section, the commercial revitalization credit
dollar amount with respect to any building shall be zero
unless--
``(A) such amount was allocated pursuant to a
qualified allocation plan of the commercial
revitalization credit agency which is approved by the
governmental unit (in accordance with rules similar to
the rules of section 147(f)(2) (other than subparagraph
(B)(ii) thereof)) of which such agency is a part, and
``(B) such agency notifies the chief executive
officer (or its equivalent) of the local jurisdiction
within which the building is located of such project
and provides such individual a reasonable opportunity
to comment on the project.
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any
plan--
``(A) which sets forth selection criteria to be
used to determine priorities of the commercial
revitalization credit agency which are appropriate to
local conditions,
``(B) which considers--
``(i) the degree to which a project
contributes to the implementation of a
strategic plan that is devised for an eligible
commercial revitalization area through a
citizen participation process,
``(ii) the amount of any increase in
permanent, full-time employment by reason of
any project, and
``(iii) the active involvement of residents
and nonprofit groups within the eligible
commercial revitalization area, and
``(C) which provides a procedure that the agency
(or its agent) will follow in monitoring for compliance
with this section.
``(g) Termination.--This section shall not apply to any building
placed in service after December 31, 2000.''
(b) Conforming Amendments.--
(1) Section 39(d) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(7) No carryback of section 48a credit before
enactment.--No portion of the unused business credit for any
taxable year which is attributable to any commercial
revitalization credit determined under section 48A may be
carried back to a taxable year ending before the date of the
enactment of section 48A.''
(2) Subparagraph (B) of section 48(a)(2) of such Code is
amended by inserting ``or commercial revitalization'' after
``rehabilitation'' each place it appears in the text and
heading thereof.
(3) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) the basis of any qualified
revitalization building attributable to
qualified revitalization expenditures.''
(4) Paragraph (2) of section 50(a) of such Code is amended
by inserting ``or 48A(d)(2)'' after ``section 47(d)'' each
place it appears.
(5) Subparagraph (B) of section 50(a)(2) of such Code is
amended by adding at the end the following new sentence: ``A
similar rule shall apply for purposes of section 48A.''
(6) Paragraph (2) of section 50(b) of such Code is amended
by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(E) a qualified revitalization building to the
extent of the portion of the basis which is
attributable to qualified revitalization
expenditures.''
(7) Subparagraph (C) of section 50(b)(4) of such Code is
amended by inserting ``or commercial revitalization'' after
``rehabilitated'' each place it appears in the text or heading
thereof.
(8) Subparagraph (C) of section 469(i)(3) is amended--
(A) by inserting ``or section 48A'' after ``section
42'', and
(B) by striking ``credit'' in the heading and
inserting ``and commercial revitalization credits''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1995. | Commercial Revitalization Tax Act of 1995 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation.
Imposes a State ceiling on the availability of the credit. | {"src": "billsum_train", "title": "Commercial Revitalization Tax Act of 1995"} | 2,975 | 165 | 0.608058 | 1.585506 | 0.720036 | 3.340426 | 19 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Browsing Protection Act''.
SEC. 2. PENALTY FOR UNAUTHORIZED INSPECTION OF TAX RETURNS OR TAX
RETURN INFORMATION.
(a) In General.--Part I of subchapter A of chapter 75 of the
Internal Revenue Code of 1986 (relating to crimes, other offenses, and
forfeitures) is amended by adding after section 7213 the following new
section:
``SEC. 7213A. UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION.
``(a) Prohibitions.--
``(1) Federal employees and other persons.--It shall be
unlawful for--
``(A) any officer or employee of the United States,
or
``(B) any person described in section 6103(n) or an
officer or employee of any such person,
willfully to inspect, except as authorized in this title, any
return or return information.
``(2) State and other employees.--It shall be unlawful for
any person (not described in paragraph (1)) willfully to
inspect, except as authorized in this title, any return or
return information acquired by such person or another person
under a provision of section 6103 referred to in section
7213(a)(2).
``(b) Penalty.--
``(1) In general.--Any violation of subsection (a) shall
be punishable upon conviction by a fine in any amount not
exceeding $1,000, or imprisonment of not more than 1 year, or
both, together with the costs of prosecution.
``(2) Federal officers or employees.--An officer or
employee of the United States who is convicted of any violation
of subsection (a) shall, in addition to any other punishment,
be dismissed from office or discharged from employment.
``(c) Definitions.--For purposes of this section, the terms
`inspect', `return', and `return information' have the respective
meanings given such terms by section 6103(b).''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 7213(a) of such Code is
amended by inserting ``(5),'' after ``(m)(2), (4),''.
(2) The table of sections for part I of subchapter A of
chapter 75 of such Code is amended by inserting after the item
relating to section 7213 the following new item:
``Sec. 7213A. Unauthorized inspection of
returns or return
information.''.
(c) Effective Date.--The amendments made by this section shall
apply to violations occurring on and after the date of the enactment of
this Act.
SEC. 3. CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN
INFORMATION; NOTIFICATION OF UNLAWFUL INSPECTION OR
DISCLOSURE.
(a) Civil Damages for Unauthorized Inspection.--Subsection (a) of
section 7431 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Disclosure'' in the headings for
paragraphs (1) and (2) and inserting ``Inspection or
disclosure'', and
(2) by striking ``discloses'' in paragraphs (1) and (2) and
inserting ``inspects or discloses''.
(b) Notification of Unlawful Inspection or Disclosure.--Section
7431 of such Code is amended by redesignating subsections (e) and (f)
as subsections (f) and (g), respectively, and by inserting after
subsection (d) the following new subsection:
``(e) Notification of Unlawful Inspection and Disclosure.--If any
person is criminally charged by indictment or information with
inspection or disclosure of a taxpayer's return or return information
in violation of--
``(1) paragraph (1) or (2) of section 7213(a),
``(2) section 7213A(a), or
``(3) subparagraph (B) of section 1030(a)(2) of title 18,
United States Code,
the Secretary shall notify such taxpayer as soon as practicable of such
inspection or disclosure.''.
(c) No Damages for Inspection Requested by Taxpayer.--Subsection
(b) of section 7431 of such Code is amended to read as follows:
``(b) Exceptions.--No liability shall arise under this section with
respect to any inspection or disclosure--
``(1) which results from a good faith, but erroneous,
interpretation of section 6103, or
``(2) which is requested by the taxpayer.''.
(d) Conforming Amendments.--
(1) Subsections (c)(1)(A), (c)(1)(B)(i), and (d) of section
7431 of such Code are each amended by inserting ``inspection
or'' before ``disclosure''.
(2) Clause (ii) of section 7431(c)(1)(B) of such Code is
amended by striking ``willful disclosure or a disclosure'' and
inserting ``willful inspection or disclosure or an inspection
or disclosure''.
(3) Subsection (f) of section 7431 of such Code, as
redesignated by subsection (b), is amended to read as follows:
``(f) Definitions.--For purposes of this section, the terms
`inspect', `inspection', `return', and `return information' have the
respective meanings given such terms by section 6103(b).''.
(4) The section heading for section 7431 of such Code is
amended by inserting ``inspection or'' before ``disclosure''.
(5) The table of sections for subchapter B of chapter 76 of
such Code is amended by inserting ``inspection or'' before
``disclosure'' in the item relating to section 7431.
(6) Paragraph (2) of section 7431(g) of such Code, as
redesignated by subsection (b), is amended by striking ``any
use'' and inserting ``any inspection or use''.
(e) Effective Date.--The amendments made by this section shall
apply to inspections and disclosures occurring on and after the date of
the enactment of this Act.
SEC. 4. NATIONAL FLOOD INSURANCE ACT OF 1968.
(a) In General.--Section 1306(c)(1) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4013(c)(1)) is amended by striking ``30'' and
inserting ``15''.
(b) Effective Date.--The amendment made by subsection (a) shall be
construed to have taken effect on January 1, 1997, and shall expire
June 30, 1997.
Passed the Senate April 15, 1997.
Attest:
GARY SISCO,
Secretary. | Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Provides for a monetary penalty, imprisonment, or both for violators. (Current law imposes penalties only for the unlawful disclosure of such information.)
Permits civil damages for the unauthorized inspection or disclosure (currently, only for the unauthorized disclosure) of tax returns and return information. Requires the taxpayer to be notified as soon as practicable if any person is criminally charged by indictment with inspecting or disclosing the taxpayer's return or return information.
Amends the National Flood Insurance Act of 1968 to reduce the waiting period for the effective date of policies for new flood insurance coverage, entered into after the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, from 30 to 15 days. | {"src": "billsum_train", "title": "Taxpayer Browsing Protection Act"} | 1,572 | 218 | 0.508233 | 1.463505 | 0.759613 | 1.882022 | 7.426966 | 0.792135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Zone Environmental
Restoration Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Impacted site.--The term ``impacted site'' means--
(A) an area that has been designated as an
enterprise zone pursuant to section 701 of the Housing
and Community Development Act of 1987 (42 U.S.C.
11501); or
(B) an area that receives a similar designation
under any other Federal law.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. GRANT PROGRAM.
(a) In General.--The Administrator, in consultation with the
Secretary, shall establish a grant program to award grants for
environmental testing and characterization on land owned by
municipalities or other political subdivisions of States that the
Administrator determines to be appropriate. Subject to the availability
of funds, the Administrator shall award a grant to any municipality (or
other political subdivision of a State that the Administrator
determines to be appropriate) that submits an approved application
concerning environmental testing and characterization for an impacted
site.
(b) Administration of Grant Program.--The Administrator, in
consultation with the Secretary, shall promulgate such regulations as
are necessary to carry out the grant program established under
subsection (a). In promulgating the regulations, the Administrator
shall--
(1) determine which activities constitute environmental
testing and characterization;
(2) establish a procedure for the submission and approval
of an application for a grant; and
(3) establish criteria for approving a grant application,
including, to the extent known, consideration of--
(A) the potential environmental and human health
risks posed by the area to be characterized;
(B) the availability of other sources of funding to
perform the environmental testing and characterization
in the absence of funding from a grant under this Act;
(C) the economic benefits that would flow from the
development of the area;
(D) the minimization of any economic benefit to
parties liable for response actions at the area; and
(E) other factors that the Administrator determines
to be appropriate.
(c) State Grant Program.--The Administrator may, in consultation
with the Secretary, authorize the Governor of a State to carry out a
State grant program to award grants to carry out the purposes of this
Act. The Administrator may promulgate such regulations as may be
necessary to carry out this subsection.
(d) Repayment.--
(1) In general.--
(A) Payment.--Subject to subparagraph (B), the
recipient of a grant under this section must, as a
condition to receiving a grant award under this
section, enter into an agreement with the Administrator
that states that the recipient of the grant shall pay
to the Administrator the net proceeds resulting from
any transfer, lease, development, or conveyance of all
or part of the area that is the subject of the grant.
(B) Total payment.--The total amount of payments
made by a grant recipient under this subsection shall
not exceed an amount equal to the sum of--
(i) the amount of the grant; and
(ii) any accrued interest (as determined
pursuant to paragraph (2)).
(2) Interest.--The interest payable under this section
shall accrue at the same rate as is specified for interest
earned pursuant to section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9607(a)).
(3) Schedule for payment.--A payment required under
paragraph (1) from the net proceeds of any transfer, lease,
development, or conveyance shall be paid not later than 30 days
after the recipient of the grant receives the net proceeds.
(e) Evaluation and Report.--
(1) Evaluation.--Not later than December 31, 1994, the
Administrator, in consultation with the Secretary, shall
conduct an evaluation of the grant program under this section.
The evaluation shall be based on information available at the
time of the evaluation. The Administrator shall require that,
as a condition to receiving a grant under this section, each
grant recipient must submit data indicating the actual cost,
benefits, sources, and use of all funds associated with the
environmental testing and characterization of the area that is
the subject of the grant award.
(2) Report.--On completion of the evaluation referred to in
paragraph (1), but not later than December 31, 1994, the
Administrator shall submit a report to Congress that describes
the findings and recommendations of the Administrator.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1993, 1994, 1995, and 1996 to
carry out the purposes of this Act. | Enterprise Zone Environmental Restoration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants for environmental testing and characterization on land owned by political subdivisions of States to political subdivisions that submit approved applications for such activities on impacted sites. Defines an "impacted site" as an area designated as an enterprise zone pursuant to the Housing and Community Development Act of 1987 or that receives a similar designation under other Federal law.
Permits the Administrator to authorize State Governors to carry out State grant programs to carry out this Act.
Sets forth conditions for the receipt of grants.
Authorizes appropriations. | {"src": "billsum_train", "title": "Enterprise Zone Environmental Restoration Act of 1993"} | 1,060 | 137 | 0.612062 | 1.522621 | 0.722997 | 2.916667 | 8.383333 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse-Managed Health Clinic
Investment Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Nurse-managed health clinics (referred to in this
section as ``NMHCs'') offer their patients primary care based
on the nursing model, which emphasizes the protection,
promotion, and optimization of health along with the prevention
of illness, and the alleviation of suffering in conjunction
with diagnosis and treatment. Nurses are advocates and
educators providing care for individuals, families,
communities, and populations.
(2) More than 200 NMHCs are currently in operation across
the United States. These clinics record over 2,000,000 client
encounters annually.
(3) NMHCs meet the Institute of Medicine's definition of
safety-net provider by providing care regardless of their
patient's ability to pay. A substantial share of their patient
mix is made up of uninsured individuals, Medicaid recipients,
and other vulnerable populations. A recent study funded by the
Centers for Medicare & Medicaid Services reported that more
than 45 percent of the payor mix for NMHCs is uninsured, and 37
percent are Medicaid recipients.
(4) NMHCs provide a medical home for the underserved, and
are viable partners with the Federal Government to reduce
health disparities. They provide a full range of health care
services, including primary care, health promotion, disease
prevention, and behavioral health care to the residents of
rural and urban underserved communities. Because NMHCs are
often located in public housing developments, senior living
arrangements, schools, and community centers, they help remove
barriers preventing access to care and are instrumental in
addressing and eliminating the factors contributing to health
disparities.
(5) Nurse-managed clinics are playing an ever-increasing
role in the Nation's health care safety-net, and are currently
being under-utilized and under-funded by both Federal and State
governments.
(6) Lack of adequate funding has caused 39 percent of the
NMHCs established between 1993 and 2001 to close. These clinics
are frequently the only source of health care for their
patients. These closures have had a negative impact on the
ability of the underserved to access primary care.
(7) The goal of this Act is to provide NMHCs with access to
a stable source of funding that will enable them to continue
expanding primary care services in underserved communities,
while reducing the level of health disparities suffered by
vulnerable populations.
(b) Purpose.--It is the purpose of this Act to fund the development
and operation of nurse-managed health clinics to--
(1) provide comprehensive and accessible primary health
care services to vulnerable populations living in underserved
communities around the Nation; and
(2) reduce the level of health disparities experienced by
vulnerable populations.
SEC. 3. NURSE-MANAGED HEALTH CLINICS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART S--NURSE-MANAGED HEALTH CLINIC PROGRAM
``SEC. 399JJ. GRANTS TO NURSE-MANAGED HEALTH CLINICS.
``(a) Definition; Establishment of Criteria.--In this section:
``(1) Comprehensive primary health care services.--The term
`comprehensive primary health care services' means health care
related to adult, family, and pediatric health consisting of
adult health, pediatrics, obstetrics, or gynecology services
that are furnished by nurse practitioners, physician
assistants, physicians, nurse midwives, and other qualified
health care professionals. In addition to primary care
services, specific services may include--
``(A) preventive health services;
``(B) prenatal and perinatal services;
``(C) appropriate cancer screening;
``(D) well-child services;
``(E) immunizations against vaccine-preventable
diseases;
``(F) screenings for elevated blood lead levels;
``(G) screening for communicable diseases;
``(H) cholesterol screenings;
``(I) pediatric eye and ear screenings to determine
the need for vision and hearing correction;
``(J) emergency medical services;
``(K) diagnostic laboratory and radiologic
services;
``(L) care navigation services;
``(M) pharmaceutical services as may be appropriate
for each clinic; and
``(N) voluntary family planning.
``(2) Health promotion and disease prevention services.--
The term `health promotion and disease prevention services'
means the full continuum of educational services as well as
physical and mental assessment services designed to enable
patients to take control over and improve their health through
the prevention of disease as well as the reduction of existing
symptoms.
``(3) Medically underserved populations.--The term
`medically underserved population' has the meaning given such
term in section 330(b)(3).
``(4) Nurse-managed health clinic.--The term `nurse-managed
health clinic' means a nurse-practice arrangement, managed by
advanced practice nurses, that provides primary care for
underserved or vulnerable populations and is associated with a
school, college, or department of nursing, federally qualified
health center, or an independent nonprofit health or social
services agency.
``(5) Vulnerable population.--The term `vulnerable
population' means a population that lacks access to adequate
primary care or suffers from increased health disparities due
to factors such as health, age, race, ethnicity, sex, insurance
status, income level, or ability to communicate effectively.
``(b) Authority To Award Grants.--The Secretary shall award grants
for the cost of the operation of nurse-managed health clinics that meet
the requirements of this section.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be a nurse-managed health clinic (as defined in
subsection (a)(4)); and
``(2) submit to the Secretary an application at such time,
in such manner, and containing an assurance that--
``(A) the nurse-managed health clinic will continue
providing comprehensive primary care services (as
defined in subsection (a)(1)) for the duration of the
grant period; and
``(B) the nurse-managed health clinic will
establish, within 90 days of receiving a grant under
this section, a community advisory committee composed
of individuals, a majority of whom are being served by
the clinic, the purpose of which is to provide input
into the nurse-managed health clinic decisionmaking
process.
``(d) Waiver of Requirements.--The Secretary may, upon a showing of
good cause, waive the requirement that the nurse-managed health clinic
provide all required comprehensive primary health services for a period
of not to exceed 2 years.
``(e) Use of Funds.--
``(1) In general.--Funds awarded under a grant under this
section may be used for the provision of primary care services
and additional health services, for the management of nurse-
managed health clinic programs, for the payment of salaries for
nurse-managed health clinic personnel, and for providing
training for the provision of required health services. Funds
may also be used for acquiring, and the leasing of, buildings
and equipment (including the cost of amortizing the principle
of, and paying interest on, loans for such buildings and
equipment).
``(2) Amount.--The amount of any grant made in any fiscal
year to a nurse-managed health clinic shall be determined by
the Secretary, taking into account--
``(A) the financial need of the nurse-managed
health clinic;
``(B) State, local, and other operational funding
provided to the nurse-managed health clinic; and
``(C) other factors as determined appropriate by
the Secretary.
``(f) Technical Assistance.--The Secretary shall establish a
program through which the Secretary shall provide (either through the
Department of Health and Human Services or by grant or contract)
technical and other assistance to nurse-managed health clinics to
assist such clinics in meeting the requirements of this section.
Services provided under this section may include necessary technical
and nonfinancial assistance, including fiscal and program management
assistance, training in fiscal and program management, operational and
administrative support, and the provision of information to nurse-
managed health clinics regarding the various resources available under
this section and how those resources can best be used to meet the
health needs of the communities served by nurse-managed health clinics.
``(g) Evaluation.--The Secretary shall develop and implement a plan
for evaluating nurse-managed health clinics funded under this section.
Such evaluations shall monitor and track the performance of the grantee
as well as the quality of the services that are provided under the
grant.
``(h) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be appropriated
$50,000,000 for the fiscal year 2008, and such sums as may be necessary
for each of the fiscal years 2009 through 2012.''. | Nurse-Managed Health Clinic Investment Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants for the cost of operating nurse-managed health clinics that provide primary care for underserved or vulnerable populations and are associated with a school, college, or nursing department, federally qualified health center, or independent nonprofit health or social services agency.
Requires a grant application to contain assurances that a clinic will: (1) provide all required comprehensive primary health services for a period of not to exceed two years (subject to a waiver); and (2) establish a community advisory committee to provide input into the clinic's decisionmaking process.
Permits grant funds to be used for primary care and additional health services for the management of clinic programs, salaries, training, and the acquisition and leasing of buildings and equipment. Requires the amount of any grant to be determined by the Secretary considering the financial need of, and state, local, and other operational funding provided to, the clinic.
Directs the Secretary to: (1) establish a program through which the Secretary shall provide clinics technical and other assistance in meeting requirements of this Act; and (2) develop and implement a plan for evaluating clinics funded. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish the Nurse-Managed Health Clinic Investment program, and for other purposes."} | 2,050 | 267 | 0.455349 | 1.379184 | 0.743035 | 3.372951 | 7.741803 | 0.946721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extension of Section 420 and Retiree
Life Insurance Act of 2012''.
SEC. 2. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE
HEALTH ACCOUNTS.
(a) In General.--Paragraph (5) of section 420(b) of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2021''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 are each
amended by striking ``Pension Protection Act of 2006'' and
inserting ``Extension of Section 420 and Retiree Life Insurance
Act of 2012''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2014'' and inserting
``January 1, 2022''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act.
SEC. 3. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE GROUP TERM LIFE
INSURANCE ACCOUNTS.
(a) In General.--Subsection (a) of section 420 of the Internal
Revenue Code of 1986 is amended by inserting ``, or an applicable life
insurance account,'' after ``health benefits account''.
(b) Applicable Life Insurance Account Defined.--
(1) In general.--Subsection (e) of section 420 of the
Internal Revenue Code of 1986 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) Applicable life insurance account.--The term
`applicable life insurance account' means a separate account
established and maintained for amounts transferred under this
section for qualified current retiree liabilities based on
premiums for applicable life insurance benefits.''.
(2) Applicable life insurance benefits defined.--Paragraph
(1) of section 420(e) of such Code is amended by redesignating
subparagraph (D) as subparagraph (E) and by inserting after
subparagraph (C) the following new subparagraph:
``(D) Applicable life insurance benefits.--The term
`applicable life insurance benefits' means group-term
life insurance coverage provided to retired employees
who, immediately before the qualified transfer, are
entitled to receive such coverage by reason of
retirement and who are entitled to pension benefits
under the plan, but only to the extent that such
coverage is provided under a policy for retired
employees and the cost of such coverage is excludable
from the retired employee's gross income under section
79.''.
(3) Collectively bargained life insurance benefits
defined.--
(A) In general.--Paragraph (6) of section 420(f) of
such Code is amended by redesignating subparagraph (D)
as subparagraph (E) and by inserting after subparagraph
(C) the following new subparagraph:
``(D) Collectively bargained life insurance
benefits.--The term `collectively bargained life
insurance benefits' means, with respect to any
collectively bargained transfer--
``(i) applicable life insurance benefits
which are provided to retired employees who,
immediately before the transfer, are entitled
to receive such benefits by reason of
retirement, and
``(ii) if specified by the provisions of
the collective bargaining agreement governing
the transfer, applicable life insurance
benefits which will be provided at retirement
to employees who are not retired employees at
the time of the transfer.''.
(B) Conforming amendments.--
(i) Clause (i) of section 420(e)(1)(C) of
such Code is amended by striking ``upon
retirement'' and inserting ``by reason of
retirement''.
(ii) Subparagraph (C) of section 420(f)(6)
of such Code is amended--
(I) by striking ``which are
provided to'' in the matter preceding
clause (i),
(II) by inserting ``which are
provided to'' before ``retired
employees'' in clause (i),
(III) by striking ``upon
retirement'' in clause (i) and
inserting ``by reason of retirement'',
and
(IV) by striking ``active employees
who, following their retirement,'' and
inserting ``which will be provided at
retirement to employees who are not
retired employees at the time of the
transfer and who''.
(c) Maintenance of Effort.--
(1) In general.--Subparagraph (A) of section 420(c)(3) of
the Internal Revenue Code of 1986 is amended by inserting ``,
and each group-term life insurance plan under which applicable
life insurance benefits are provided,'' after ``health benefits
are provided''.
(2) Conforming amendments.--
(A) Subparagraph (B) of section 420(c)(3) of such
Code is amended--
(i) by redesignating subclauses (I) and
(II) of clause (i) as subclauses (II) and (III)
of such clause, respectively, and by inserting
before subclause (II) of such clause, as so
redesignated, the following new subclause:
``(I) separately with respect to
applicable health benefits and
applicable life insurance benefits,'',
and
(ii) by striking ``for applicable health
benefits'' and all that follows in clause (ii)
and inserting ``was provided during such
taxable year for the benefits with respect to
which the determination under clause (i) is
made.''.
(B) Subparagraph (C) of section 420(c)(3) of such
Code is amended--
(i) by inserting ``for applicable health
benefits'' after ``applied separately'', and
(ii) by inserting ``, and separately for
applicable life insurance benefits with respect
to individuals age 65 or older at any time
during the taxable year and with respect to
individuals under age 65 during the taxable
year'' before the period.
(C) Subparagraph (E) of section 420(c)(3) of such
Code is amended--
(i) in clause (i), by inserting ``or
retiree life insurance coverage, as the case
may be,'' after ``retiree health coverage'',
(ii) in clause (ii), by inserting ``for
retiree health coverage'' after ``cost
reductions'' in the heading thereof, and
(iii) in clause (ii)(II), by inserting
``with respect to applicable health benefits''
after ``liabilities of the employer''.
(D) Paragraph (2) of section 420(f) of such Code is
amended by striking ``collectively bargained retiree
health liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(E) Clause (i) of section 420(f)(2)(D) of such Code
is amended--
(i) by inserting ``, and each group-term
life insurance plan or arrangement under which
applicable life insurance benefits are
provided,'' in subclause (I) after ``applicable
health benefits are provided'',
(ii) by inserting ``or applicable life
insurance benefits, as the case may be,'' in
subclause (I) after ``provides applicable
health benefits'',
(iii) by striking ``group health'' in
subclause (II), and
(iv) by inserting ``or collectively
bargained life insurance benefits'' in
subclause (II) after ``collectively bargained
health benefits''.
(F) Clause (ii) of section 420(f)(2)(D) of such
Code is amended--
(i) by inserting ``with respect to
applicable health benefits or applicable life
insurance benefits'' after ``requirements of
subsection (c)(3)'', and
(ii) by adding at the end the following:
``Such election may be made separately with
respect to applicable health benefits and
applicable life insurance benefits. In the case
of an election with respect to applicable life
insurance benefits, the first sentence of this
clause shall be applied as if subsection (c)(3)
as in effect before the amendments made by such
Act applied to such benefits.''.
(G) Clause (iii) of section 420(f)(2)(D) of such
Code is amended--
(i) by striking ``retiree'' each place it
occurs, and
(ii) by inserting ``, collectively
bargained life insurance benefits, or both, as
the case may be,'' after ``health benefits''
each place it occurs.
(d) Coordination With Section 79.--Section 79 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(f) Exception for Life Insurance Purchased in Connection With
Qualified Transfer of Excess Pension Assets.--Subsection (b)(3) and
section 72(m)(3) shall not apply in the case of any cost paid (whether
directly or indirectly) with assets held in an applicable life
insurance account (as defined in section 420(e)(4)) under a defined
benefit plan.''.
(e) Conforming Amendments.--
(1) Section 420 of the Internal Revenue Code of 1986 is
amended by striking ``qualified current retiree health
liabilities'' each place it appears and inserting ``qualified
current retiree liabilities''.
(2) Section 420 of such Code is amended by inserting ``, or
an applicable life insurance account,'' after ``a health
benefits account'' each place it appears in subsection
(b)(1)(A), subparagraphs (A), (B)(i), and (C) of subsection
(c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii).
(3) Section 420(b) of such Code is amended--
(A) by adding the following at the end of paragraph
(2)(A): ``If there is a transfer from a defined benefit
plan to both a health benefits account and an
applicable life insurance account during any taxable
year, such transfers shall be treated as 1 transfer for
purposes of this paragraph.'', and
(B) by inserting ``to an account'' after ``may be
transferred'' in paragraph (3).
(4) The heading for section 420(c)(1)(B) of such Code is
amended by inserting ``or life insurance'' after ``health
benefits''.
(5) Paragraph (1) of section 420(e) of such Code is
amended--
(A) by inserting ``and applicable life insurance
benefits'' in subparagraph (A) after ``applicable
health benefits'', and
(B) by striking ``health'' in the heading thereof.
(6) Subparagraph (B) of section 420(e)(1) of such Code is
amended--
(A) in the matter preceding clause (i), by
inserting ``(determined separately for applicable
health benefits and applicable life insurance
benefits)'' after ``shall be reduced by the amount'',
(B) in clause (i), by inserting ``or applicable
life insurance accounts'' after ``health benefit
accounts'', and
(C) in clause (i), by striking ``qualified current
retiree health liability'' and inserting ``qualified
current retiree liability''.
(7) The heading for subsection (f) of section 420 of such
Code is amended by striking ``Health'' each place it occurs.
(8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code
is amended by inserting ``or applicable life insurance account,
as the case may be,'' after ``health benefits account''.
(9) Subclause (III) of section 420(f)(2)(E)(i) of such Code
is amended--
(A) by inserting ``defined benefit'' before ``plan
maintained by an employer'', and
(B) by inserting ``health'' before ``benefit plans
maintained by the employer''.
(10) Paragraphs (4) and (6) of section 420(f) of such Code
are each amended by striking ``collectively bargained retiree
health liabilities'' each place it occurs and inserting
``collectively bargained retiree liabilities''.
(11) Subparagraph (A) of section 420(f)(6) of such Code is
amended--
(A) in clauses (i) and (ii), by inserting ``, in
the case of a transfer to a health benefits account,''
before ``his covered spouse and dependents'', and
(B) in clause (ii), by striking ``health plan'' and
inserting ``plan''.
(12) Subparagraph (B) of section 420(f)(6) of such Code is
amended--
(A) in clause (i), by inserting ``, and
collectively bargained life insurance benefits,'' after
``collectively bargained health benefits'',
(B) in clause (ii)--
(i) by adding at the end the following:
``The preceding sentence shall be applied
separately for collectively bargained health
benefits and collectively bargained life
insurance benefits.'', and
(ii) by inserting ``, applicable life
insurance accounts,'' after ``health benefit
accounts'', and
(C) by striking ``health'' in the heading thereof.
(13) Subparagraph (E) of section 420(f)(6) of such Code, as
redesignated by subsection (b), is amended--
(A) by striking ``bargained health'' and inserting
``bargained'',
(B) by inserting ``, or a group-term life insurance
plan or arrangement for retired employees,'' after
``dependents'', and
(C) by striking ``health'' in the heading thereof.
(14) Section 101(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)) is amended--
(A) in paragraphs (1) and (2), by inserting ``or
applicable life insurance account'' after ``health
benefits account'' each place it appears, and
(B) in paragraph (1), by inserting ``or applicable
life insurance benefit liabilities'' after ``health
benefits liabilities''.
(f) Technical Correction.--Clause (iii) of section 420(f)(6)(B) is
amended by striking ``416(I)(1)'' and inserting ``416(i)(1)''.
(g) Repeal of Deadwood.--
(1) Subparagraph (A) of section 420(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``in a taxable year
beginning after December 31, 1990''.
(2) Subsection (b) of section 420 of such Code is amended
by striking paragraph (4) and by redesignating paragraph (5),
as amended by this Act, as paragraph (4).
(3) Paragraph (2) of section 420(b) of such Code, as
amended by this section, is amended--
(A) by striking subparagraph (B), and
(B) by striking ``per year.--'' and all that
follows through ``No more than'' and inserting ``per
year.--No more than''.
(4) Paragraph (2) of section 420(c) of such Code is
amended--
(A) by striking subparagraph (B),
(B) by moving subparagraph (A) two ems to the left,
and
(C) by striking ``before transfer.--'' and all that
follows through ``The requirements of this paragraph''
and inserting the following: ``before transfer.--The
requirements of this paragraph''.
(5) Paragraph (2) of section 420(d) of such Code is amended
by striking ``after December 31, 1990''.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this
Act.
(2) Conforming amendments relating to pension protection
act.--The amendments made by subsections (b)(3)(B) and (f)
shall take effect as if included in the amendments made by
section 841(a) of the Pension Protection Act of 2006. | Extension of Section 420 and Retiree Life Insurance Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2021 the authority for transfers of excess pension assets of a defined benefit plan to a retiree health benefits account, and (2) allow the transfer of excess pension assets of a defined benefit plan to a retiree group term life insurance account. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the period during which transfers of excess pension assets may be made to retiree health accounts and to provide for the transfer of such assets to retiree group term life insurance accounts."} | 3,806 | 80 | 0.63786 | 1.554912 | 0.991554 | 3.371429 | 47.471429 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protection Lock-box Act of
1995''.
SEC. 2. TAXPAYER PROTECTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the Congressional Budget
Act of 1974 is amended by adding at the end the following new section:
``taxpayer protection lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of the
Congressional Budget Office (hereinafter in this section referred to as
the `Director') shall maintain a ledger to be known as the `Taxpayer
Protection Lock-box Ledger'. The Ledger shall be divided into entries
corresponding to the subcommittees of the Committees on Appropriations.
Each entry shall consist of three parts: the `House Lock-box Balance';
the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box
Balance'.
``(b) Components of Ledger.--Each component in an entry shall
consist only of amounts credited to it under subsection (c). No entry
of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon
the engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of that bill by the Senate,
credit to the applicable entry balance of that House amounts of new
budget authority and outlays equal to the net amounts of reductions in
new budget authority and in outlays resulting from amendments agreed to
by that House to that bill.
``(2) The Director shall, upon the engrossment of Senate amendments
to any appropriation bill, credit to the applicable Joint House-Senate
Lock-box Balance the amounts of new budget authority and outlays equal
to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that bill; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that bill.
``(3) For purposes of calculating under this section the net
amounts of reductions in new budget authority and in outlays resulting
from amendments agreed to by the Senate on an appropriation bill, the
amendments reported to the Senate by its Committee on Appropriations
shall be considered to be part of the original text of the bill.
``(d) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of a fiscal year.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Taxpayer protection lock-box ledger.''.
SEC. 3. TALLY DURING HOUSE OR SENATE CONSIDERATION.
There shall be available to Members in the House of Representatives
and the Senate during consideration of any appropriations bill by the
House and the Senate a running tally of the amendments adopted
reflecting increases and decreases of budget authority in the bill as
reported.
SEC. 4. DOWNWARD ADJUSTMENT OF 602(a) ALLOCATIONS AND SECTION 602(b)
SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional Budget Act of
1974 is amended by adding at the end the following new paragraph:
``(5) Upon the engrossment of Senate amendments to any
appropriation bill (as defined in section 314(d)) for a fiscal
year, the amounts allocated under paragraph (1) or (2) to the
Committee on Appropriations of each House upon the adoption of
the most recent concurrent resolution on the budget for that
fiscal year shall be adjusted downward by the amounts credited to the
applicable Joint House-Senate Lock-box Balance under section 314(c)(2).
The revised levels of budget authority and outlays shall be submitted
to each House by the chairman of the Committee on the Budget of that
House and shall be printed in the Congressional Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional Budget
Act of 1974 is amended by adding at the end the following new sentence:
``Whenever an adjustment is made under subsection (a)(5) to an
allocation under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward adjustments in the
most recent suballocations of new budget authority and outlays under
subparagraph (A) to the appropriate subcommittees of that committee in
the total amounts of those adjustments under section 314(c)(2). The
revised suballocations shall be submitted to each House by the chairman
of the Committee on Appropriations of that House and shall be printed
in the Congressional Record.''.
SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new sentence: ``Such reports
shall also include an up-to-date tabulation of the amounts contained in
the ledger and each entry established by section 314(a).''.
SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.
The discretionary spending limits for new budget authority and
outlays for any fiscal year set forth in section 601(a)(2) of the
Congressional Budget Act of 1974, as adjusted in strict conformance
with section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985, shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that fiscal year.
Those amounts shall be the sums of the Joint House-Senate Lock-box
Balances for that fiscal year, as calculated under section 602(a)(5) of
the Congressional Budget Act of 1974. That bill or joint resolution
shall contain the following statement of law: ``As required by section
6 of the Taxpayer Protection Lock-box Act of 1995, for fiscal year
[insert appropriate fiscal year] and each outyear, the adjusted
discretionary spending limit for new budget authority shall be reduced
by $ [insert appropriate amount of reduction] and the adjusted
discretionary limit for outlays shall be reduced by $ [insert
appropriate amount of reduction] for the budget year and each
outyear.'' Notwithstanding section 904(c) of the Congressional Budget
Act of 1974, section 306 of that Act as it applies to this statement
shall be waived. This adjustment shall be reflected in reports under
sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 7. EFFECTIVE DATE.
(a) In General.--The provisions of sections 1 through 6 of this Act
shall apply to all appropriation bills making appropriations for fiscal
year 1996 or any subsequent fiscal year.
(b) FY96 Application.--In the case of any appropriation bill for
fiscal year 1996 engrossed by the House of Representatives after August
4, 1995, and before the date of enactment of this Act, the Director of
the Congressional Budget Office, the Director of the Office of
Management and Budget, and the Committees on Appropriations and the
Committees on the Budget of the House of Representatives and of the
Senate shall, within 10 calendar days after that date of enactment of
this Act, carry out the duties required by this Act and amendments made
by it that occur after the date this Act was engrossed by the House of
Representatives.
(c) FY96 Allocations.--The duties of the Director of the
Congressional Budget Office and of the Committees on the Budget and on
Appropriations of the House of Representatives pursuant to this Act and
the amendments made by it regarding appropriation bills for fiscal year
1996 shall be based upon the revised section 602(a) allocations in
effect on August 4, 1995.
(d) Definition.--As used in this section, the term ``appropriation
bill'' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of a fiscal year.
SEC. 8. ADJUSTMENT FOR STIMULATIVE EFFECT OF REVENUE REDUCTIONS.
(a) Amount of Adjustment.--
(1) OMB.--Effective in 1996 and not later than October 15
of each year, the Director of OMB shall calculate stimulative
effect by determining the amount by which actual revenues
exceed the projected level of revenues set forth in paragraph
(2) and then estimating the amount of the excess (fiscal
dividend excess) attributable to provisions of the Balanced
Budget Act of 1995 reducing revenues.
(2) Projected level of revenues.--The projected level of
revenues referred to in paragraph (1) are as follows:
(A) For fiscal year 1996, $1,416,000,000.
(B) For fiscal year 1997, $1,450,000,000.
(C) For fiscal year 1998, $1,518,000,000.
(D) For fiscal year 1999, $1,587,000,000.
(E) For fiscal year 2000, $1,667,000,000.
(F) For fiscal year 2001, $1,757,000,000.
(G) For fiscal year 2002, $1,853,000,000.
(3) CBO certification.--Not later than October 20, the
Director of the CBO shall certify the estimates and projections
of the Director of OMB made under this subsection. If the
Director of CBO cannot certify the estimates and projections,
the Director shall notify Congress and the President of the
disagreement and submit revised estimates.
(b) Reduction of Deficit.--If the Director of OMB determines that a
fiscal dividend excess exists under subsection (a) and on November 1,
the President may--
(1) direct the Secretary of the Treasury to pay an amount
not to exceed the level of excess to retire debt obligations of
the United States; or
(2) submit a legislative proposal to Congress for reducing
taxes by the amount of excess not dedicated to deficit
reduction to be considered by Congress as provided in
subsection (c).
(c) Expedited Procedure.--
(1) Introduction.--Not later than 3 days after the
President submits a legislative proposal under subsection
(b)(2), the Majority Leaders of the Senate and the House of
Representatives shall introduce the proposal in their
respective Houses as a bill. If the bill described in the
preceding sentence is not introduced as provided in the
preceding sentence, then, on the 4th day after the submission
of the legislative proposal by the President, any Member of
that House may introduce the bill.
(2) Referral to committee.--A bill described in paragraph
(1) introduced in the House of Representatives shall be
referred to the Committee on Ways and Means of the House of
Representatives. A bill described in paragraph (1) introduced
in the Senate shall be referred to the Committee on Finance of
the Senate. If more than 1 bill is introduced as provided in
paragraph (1), the committee shall consider and report the
first bill introduced. Amendments to the bill in committee may
not reduce revenues in the bill below the amount proposed by
the President. Such a bill may not be reported before the 8th
day after its introduction.
(3) Discharge of committee.--If the committee to which is
referred a bill described in paragraph (1) has not reported
such bill at the end of 15 calendar days after its
introduction, such committee shall be deemed to be discharged
from further consideration of such bill and such bill shall be
placed on the appropriate calendar of the House involved.
(4) Floor consideration.--
(A) In general.--When the committee to which a bill
is referred has reported, or has been deemed to be
discharged (under paragraph (3)) from further
consideration of, a bill described in paragraph (1), it
is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed
to) for any Member of the respective House to move to
proceed to the consideration of the bill, and all
points of order against the bill (and against
consideration of the bill) are waived. The motion is
highly privileged in the House of Representatives and
is privileged in the Senate and is not debatable. The
motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the bill is agreed to, the bill shall
remain the unfinished business of the respective House
until disposed of.
(B) Debate.--Consideration of the bill, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 20 hours, which shall
be divided equally between those favoring and those
opposing the bill. A motion further to limit debate is
in order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the bill is not in
order. A motion to reconsider the vote by which the
bill is agreed to or disagreed to is not in order.
Debate on amendments to the bill shall be limited to 30
minutes equally divided. Amendments to the bill may not
reduce revenues in the bill below the amount proposed
by the President.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on a bill described in
paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the bill shall occur.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a bill described in paragraph (1) shall be
decided without debate.
(5) Coordination with action by other house.--If, before
the passage by one House of a bill of that House described in
paragraph (1), that House receives from the other House a bill
described in paragraph (1), then the following procedures shall
apply:
(A) The bill of the other House shall not be
referred to a committee.
(B) With respect to a bill described in paragraph
(1) of the House receiving the bill--
(i) the procedure in that House shall be
the same as if no bill had been received from
the other House; but
(ii) the vote on final passage shall be on
the bill of the other House.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
bill described in paragraph (1), and it supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
(d) Deficit Reduction if Tax Reductions Not Enacted.--If tax
reductions are not enacted by December 31 of the year of the submission
of a legislative proposal under subsection (b)(2), the President shall
pay an amount equal to the amount by which revenues are not reduced to
deficit reduction as provided in subsection (b)(1).
(e) Definition.--For purposes of this section, the term
``stimulative economic effect of any laws reducing revenues'' refers to
laws that have the effect of stimulating savings, investment, job
creation, and economic growth.
(f) Maximum Deficit Amount.--
(1) Levels.--Section 601(a)(1) of the Congressional Budget
Act of 1974 is amended to read as follows:
``(1) Maximum deficit amount.--The term `maximum deficit
amount' means--
``(A) with respect to fiscal year 1996,
$166,000,000,000;
``(B) with respect to fiscal year 1997,
$168,000,000,000;
``(C) with respect to fiscal year 1998,
$135,000,000,000;
``(D) with respect to fiscal year 1999,
$133,000,000,000;
``(E) with respect to fiscal year 2000,
$88,000,000,000;
``(F) with respect to fiscal year 2001,
$32,000,000,000;
``(E) with respect to fiscal year 2002, a surplus
of $13,000,000,000; and
``(F) with respect to fiscal year 2003 and fiscal
years thereafter, zero.''.
(2) MDA point of order.--Section 605(b) of the
Congressional Budget Act of 1974 is amended to read as follows:
``(b) Maximum Deficit Point of Order.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, or conference report that includes any
provision that would result in a deficit for a fiscal year that
exceeds the maximum deficit amount for such fiscal year.
``(2) Waiver or suspension.--This subsection may be waived
or suspended in the House of Representatives or the Senate only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.''.
(3) Sixty vote point of order.--Section 904 of the
Congressional Budget Act of 1974 is amended--
(A) in the second sentence of subsection (c) by inserting
``605(b),'' after ``601(b), ''; and
(B) in the third sentence of subsection (d) by inserting
``605(b),'' after ``601(b), ''.
S 1452 RS----2 | Taxpayer Protection Lock-box Act of 1995 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to establish a ledger to be known as the "Taxpayer Protection Lock-box Ledger." Requires the ledger to be divided into entries corresponding to the Appropriations Subcommittees. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Limits components in an entry of the ledger to amounts credited to it and prohibits negative amounts from being made to the ledger. Sets forth provisions concerning the crediting of amounts of new budget authority and outlays to the applicable entry balance.
(Sec. 3) Requires that a running tally of the amendments adopted which reflect increases and decreases of budget authority in the bill as reported be available to Members of Congress during consideration of any appropriations bill.
(Sec. 4) Provides for the downward adjustment of allocations of new budget authority and outlays and the most recent suballocations of new budget authority and outlays.
(Sec. 5) Requires periodic reporting of ledger statements to be included in reports issued on congressional actions on legislation providing new budget authority or tax expenditures.
(Sec. 6) Provides for the downward adjustment of discretionary spending limits for new budget authority and outlays. Waives the requirement that legislation dealing with the congressional budget be handled by the Budget Committees.
(Sec. 8) Authorizes the Director of the Office of Management and Budget (OMB) to calculate the stimulative effect of revenue reductions. Lists the projected level of revenues for FY 1996 through 2002. Directs the CBO Director to certify the estimates and projections of the OMB Director and conditions that if the Director cannot certify the estimates and projections, he must: (1) notify the Congress and the President of the disagreement; and (2) submit revised estimates. Permits the President on November 1, if the OMB Director determines that a fiscal dividend excess exists from the adjustment, to: (1) direct the Secretary of the Treasury to pay an amount not exceeding the excess level to retire U.S. debt obligations; or (2) submit a legislative proposal to the Congress for reducing taxes by the amount of excess not dedicated for deficit reduction. Provides for an expedited procedure for the introduction and referral to committee of the President's legislative proposal as a bill. Specifies maximum deficit amounts for FY 1996 through 2003. Provides for a maximum deficit amount point of order in the House or the Senate. | {"src": "billsum_train", "title": "Taxpayer Protection Lock-box Act of 1995"} | 4,194 | 595 | 0.692064 | 2.106956 | 0.803967 | 3.701754 | 7.25731 | 0.890838 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Privacy Act of
2013''.
SEC. 2. USE OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 205 the following:
``CHAPTER 205A--USE OF UNMANNED AIRCRAFT SYSTEMS
``3119a. Definitions.
``3119b. Use of public unmanned aircraft systems.
``3119c. Use of covered information as evidence.
``3119d. Administrative discipline.
``3119e. Reporting.
``3119f. Private use of unmanned aircraft systems.
``3119g. Application with other Federal laws.
``3119h. Ban on weaponization.
``3119i. Rule of construction regarding State laws on unmanned aircraft
system usage.
``Sec. 3119a. Definitions
``In this Act:
``(1) Court of competent jurisdiction.--The term `court of
competent jurisdiction' includes--
``(A) any district court of the United States
(including a magistrate judge of such a court) or any
United States court of appeals that--
``(i) has jurisdiction over the offense
being investigated;
``(ii) is in a district in which the public
unmanned aircraft system is located or where
the public unmanned aircraft system is being or
sought to be operated; or
``(iii) is acting on a request for foreign
assistance pursuant to section 3512 of title
18, United States Code; or
``(B) a court of general criminal jurisdiction of a
State authorized by the law of that State to issue
search warrants.
``(2) Covered information.--The term `covered information'
means--
``(A) information that is reasonably likely to
enable identification of an individual; or
``(B) information about an individual's property
that is not in plain view.
``(3) Governmental entity.--The term `governmental entity'
means a department or agency of the United States or any State
or political subdivision thereof.
``(4) Public unmanned aircraft system.--The term `public
unmanned aircraft system' has the meaning given such term in
section 331 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note).
``(5) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
``(6) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section 331
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note).
``Sec. 3119b. Use of public unmanned aircraft systems
``(a) Application.--A governmental entity shall operate any public
unmanned aircraft system only in accordance with this Act.
``(b) Minimization.--In operating a public unmanned aircraft system
or disclosing any covered information collected by such operation, a
governmental entity shall minimize, to the maximum extent practicable,
the collection or disclosure of such covered information.
``(c) Data Collection Statement Required.--
``(1) Concurrent with an application for a certificate or
license to operate a public unmanned aircraft system in the
national airspace, a governmental entity shall submit to the
Attorney General a data collection statement, in such form and
manner as the Attorney General may by rule require, that
describes--
``(A) the purpose for which the public unmanned
aircraft system will be used;
``(B) whether the public unmanned aircraft system
is capable of collecting covered information;
``(C) the length of time for which the collected
covered information will be retained;
``(D) an individual point of contact for citizen
feedback;
``(E) the particular unit of the governmental
entity responsible for safe and appropriate operation
of the public unmanned aircraft system;
``(F) the rank and title of the individual who may
authorize the operation of the public unmanned aircraft
system;
``(G) the applicable data minimization policies
barring the collection of covered information unrelated
to the investigation of crime and requiring the
destruction of covered information that is no longer
relevant to the investigation of a crime; and
``(H) the applicable audit and oversight procedures
that ensure governmental entities and those acting on
their behalf use the unmanned aircraft system only as
authorized, within the scope of the data collection
statement, and in compliance with data minimization
policies.
``(2) The applicant is responsible for submitting to the
Attorney General updates to the data collection statement.
``(3) The Attorney General may request that the Secretary
of Transportation revoke the certificate or license to operate
the public unmanned aircraft system in the national airspace if
the operator's activity contravenes the data collection
statement disclosures required in paragraph (1).
``(4) Not later than 6 months after the date of enactment
of this Act, the Attorney General shall issue regulations to
establish a database, that is publicly accessible via
electronic means, indexing the certificates or licenses and the
associated data collection statements described in this
subsection for public unmanned aircraft systems operated within
the national airspace.
``Sec. 3119c. Use of covered information as evidence
``(a) In General.--Covered information that a governmental entity
collects by operation of a public unmanned aircraft system, and
evidence derived from such covered information, may not be received as
evidence against an individual in any trial, hearing, or other
proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision thereof, unless
such operation and collection, or disclosure of such covered
information is in accordance with this Act.
``(b) Prohibition on Use for Law Enforcement Purposes.--Except as
provided in subsection (c), a governmental entity may not--
``(1) operate a public unmanned aircraft system for a law
enforcement purpose to collect covered information; or
``(2) disclose covered information so collected.
``(c) Exceptions.--A governmental entity may operate a public
unmanned aircraft system and may collect or disclose covered
information acquired by such operation for a law enforcement purpose
only if such operation, collection, or disclosure is in accordance with
any of the following:
``(1) Warrant.--The operation, collection, or disclosure
is--
``(A) pursuant to a warrant issued by a court of
competent jurisdiction; and
``(B) not later than 10 days after the execution of
the warrant, the governmental entity that sought the
warrant serves a copy of the warrant on each person on
whom covered information was collected, except, if
providing such notice would seriously jeopardize an
ongoing criminal or national security investigation,
the court may delay such notice on request of the
governmental entity.
``(2) Order.--The operation, collection, or disclosure is
pursuant to an order that may be lawfully issued by a court of
competent jurisdiction--
``(A) based on the allegation by the governmental
entity requesting such order of specific and
articulable facts showing a reasonable suspicion of
criminal activity and a reasonable probability that the
operation of a public unmanned aircraft system will
provide evidence of such criminal activity;
``(B) authorizing the operation of a public
unmanned aircraft system only in a stipulated public
area for a period of not more than 48 hours;
``(C) which may be renewed at the court's
discretion for a total period of operation of not
longer than 30 days; and
``(D) notice is provided--
``(i) not later than 10 days after the
termination of which, by serving a copy on each
person on whom covered information was
collected; or
``(ii) not less than 48 hours prior to such
operation, to the public in the stipulated
public area, by prominent placement of a
notification--
``(I) in a major publication (with
circulation of more than 1,000 in that
area);
``(II) on a public Internet Web
site of the governmental entity, for
the duration of the operation; or
``(III) on public signage in the
area, for the duration of the
operation.
``(3) U.S. land border.--The operation is within a distance
of 25 miles from any external land boundary of the United
States and is for the purpose of patrolling or securing the
border.
``(4) Consent.--The covered information that is collected
or disclosed pertains to an individual who provides prior
written consent to such collection or disclosure.
``(5) Emergency.--The operation is--
``(A) an investigative or law enforcement officer
reasonably believes that an emergency situation exists
that--
``(i) involves--
``(I) immediate danger of death or
serious physical injury to any person;
``(II) conspiratorial activities
threatening the national security
interest; or
``(III) conspiratorial activities
characteristic of organized crime; and
``(ii) requires such operation, collection,
or disclosure before a warrant or order
authorizing such operation, collection, or
disclosure may, with due diligence, be
obtained;
``(B) that officer applies for such a warrant or
order not later than 48 hours after such operation
begins; and
``(C) that operation is terminated immediately on
the earlier of when--
``(i) the information necessary to resolve
the emergency situation is collected; or
``(ii) the court denies the application for
the warrant or order.
``(6) Effect of failure to secure warrant or order.--If a
warrant or order described in paragraph (5) is denied, then for
purposes of subsection (b), an operation, collection, or
disclosure under that paragraph shall not be considered to be
an operation, collection, or disclosure authorized under this
subsection. Any covered information so collected shall be
removed from all databases of the governmental entity.
``Sec. 3119d. Administrative discipline
``(a) Administrative Discipline.--If a court or appropriate
department or agency determines that a governmental entity has violated
any provision of this Act, and the court or appropriate department or
agency finds that the circumstances surrounding the violation raise
serious questions about whether or not an officer or employee of the
United States acted intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
a decision or findings of the court or appropriate department or
agency, promptly initiate a proceeding to determine whether
disciplinary action against the officer or employee is warranted. If
the head of the department or agency involved determines that
disciplinary action is not warranted, such head shall notify the
Inspector General with jurisdiction over the department or agency
concerned and shall provide the Inspector General with the reasons for
such determination.
``(b) Improper Disclosure Is Violation.--Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by this Act is a
violation of this Act for purposes of this section.
``Sec. 3119e. Reporting
``(a) In January of each year, any Federal judge who has issued a
warrant or order (or an extension thereof) under section 3 on operation
of public unmanned aircraft systems that expired during the preceding
year, or who has denied approval of such a warrant or order during that
year, shall report to the Administrative Office of the United States
Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for;
``(3) the fact that the order or extension was granted as
applied for, was modified, or was denied;
``(4) the period of collections authorized by the order,
and the number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or
extension of an order; and
``(6) the identity of the applying agency making the
application and the rank and title of the person authorizing
the application.
``(b) In March of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or the
principal prosecuting attorney of a State, or the principal prosecuting
attorney for any political subdivision of a State, shall report to the
Administrative Office of the United States Courts--
``(1) the information required by paragraphs (1) through
(6) of subsection (a) with respect to each application for an
order or extension made during the preceding calendar year;
``(2) a general description of all the information
collected under such order or extension, including--
``(A) the approximate nature and frequency of
incriminating conduct collected;
``(B) the approximate number of persons whose
covered information was collected; and
``(C) the approximate nature, amount, and cost of
the manpower and other resources used in the
collection;
``(3) the number of arrests resulting from covered
information collected from such order or extension, and the
offenses for which arrests were made;
``(4) the number of trials resulting from such covered
information;
``(5) the number of motions to suppress made with respect
to such covered information, and the number granted or denied;
``(6) the number of convictions resulting from such covered
information, and the offenses for which the convictions were
obtained, and a general assessment of the importance of the
information collected; and
``(7) the information required by paragraphs (2) through
(6) of this subsection with respect to orders or extensions
obtained in a preceding calendar year.
``(c) In June of each year the Director of the Administrative
Office of the United States Courts shall transmit to the Congress a
full and complete report that includes a summary and analysis of all
information received under subsection (a) and (b) during the preceding
calendar year. The Director of the Administrative Office of the United
States Courts is authorized to issue regulations regarding the content
and form of the reports required to be filed by subsections (a) and (b)
of this section.
``Sec. 3119f. Private use of unmanned aircraft systems
``It shall be unlawful to intentionally operate a private unmanned
aircraft system to capture, in a manner that is highly offensive to a
reasonable person, any type of visual image, sound recording, or other
physical impression of a individual engaging in a personal or familial
activity under circumstances in which the individual had a reasonable
expectation of privacy, through the use of a visual or auditory
enhancing device, regardless of whether there is a physical trespass,
if this image, sound recording, or other physical impression could not
have been achieved without a trespass unless the visual or auditory
enhancing device was used.
``Sec. 3119g. Application with other Federal laws
``Nothing in this Act may be construed to modify, limit, or
supersede the operation of chapter 119 of title 18, United States Code.
``Sec. 3119h. Ban on weaponization
``It shall be unlawful for any investigative or law enforcement
officer or private individual to operate an unmanned aircraft system
that is armed with a firearm (as such term is defined in section 921 of
title 18, United States Code) within the airspace of the United States.
``Sec. 3119i. Rule of construction regarding State laws on unmanned
aircraft system usage
``Nothing in this Act shall be construed to preempt any State law
regarding the use of unmanned aircraft systems exclusively within the
borders of that State.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 205 the following:
``205A. Use of unmanned aircraft systems.................... 3119a''. | Preserving American Privacy Act of 2013 - Amends the federal criminal code to require a governmental entity operating a public unmanned aircraft system to minimize the collection or disclosure of covered information. Defines "covered information" as: (1) information that is reasonably likely to enable identification of an individual, or (2) information about an individual's property that is not in plain view. Requires such entity to submit to the Attorney General, with an application for a certificate or license to operate such a system in national airspace, a data collection statement that describes the purpose for which the system will be used, the length of time the collected information will be retained, the entity responsible for operating the system, the data minimization policies barring the collection of information unrelated to the investigation and requiring the destruction of information that is no longer relevant, and applicable audit and oversight procedures. Authorizes the Attorney General to request that the Secretary of Transportation (DOT) revoke such a certificate or license if the operator's activity contravenes such statement. Directs the Attorney General to issue regulations to establish a database indexing such certificates, licenses, and statements. Prohibits a government entity from operating a public unmanned aircraft system and collecting or disclosing covered information for a law enforcement purpose, except: (1) pursuant to a warrant or court order meeting specified requirements; (2) for the purpose of patrolling or securing the border within 25 miles from any external land boundary of the United States; (3) with the prior written consent of the individual to whom the covered information pertains; or (4) where an emergency situation exists that involves immediate danger of death or serious physical injury to any person, or conspiratorial activities threatening the national security interest or characteristic of organized crime, and that requires action before a warrant or order can be obtained. Bars covered information obtained otherwise from being received as evidence in any trial, hearing, or other proceeding. Requires federal judges and state and local prosecuting attorneys to report on such warrants or orders issued or denied each year to the Administrative Office of the United States Courts, which shall report a summary of such information to Congress. Provides for administrative discipline proceedings when there is a serious question about whether a U.S. officer or employee acted intentionally with respect to a violation of this Act. Prohibits: (1) intentionally operating a private unmanned aircraft system to capture, in a manner that is highly offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of an individual engaging in personal or familial activity under circumstances in which the individual had a reasonable expectation of privacy; and (2) any investigative or law enforcement officer or private individual from operating an unmanned aircraft system that is armed with a firearm within U.S. airspace. | {"src": "billsum_train", "title": "Preserving American Privacy Act of 2013"} | 3,521 | 603 | 0.535662 | 1.778564 | 0.776491 | 4.017013 | 6.387524 | 0.954631 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Manufacturers Legal
Accountability Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable agency.--The term ``applicable agency''
means, with respect to covered products--
(A) described in subparagraphs (A) and (B) of
paragraph (3), the Food and Drug Administration;
(B) described in paragraph (3)(C), the Consumer
Product Safety Commission;
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection Agency;
(D) described in paragraph (3)(F), the National
Highway Traffic Safety Administration; and
(E) described in paragraph (3)(G)--
(i) the Food and Drug Administration, if
the item is intended to be a component part of
a product described in subparagraphs (A) or (B)
of paragraph (3);
(ii) the Consumer Product Safety
Commission, if the item is intended to be a
component part of a product described in
paragraph (3)(C);
(iii) the Environmental Protection Agency,
if the item is intended to be a component part
of a product described in subparagraphs (D) or
(E) of paragraph (3); and
(iv) the National Highway Traffic Safety
Administration, if the item is intended to be a
component part of a product described in
paragraph (3)(F).
(2) Commerce.--The term ``commerce'' means trade, traffic,
commerce, or transportation--
(A) between a place in a State and any place
outside thereof; or
(B) which affects trade, traffic, commerce, or
transportation described in subparagraph (A).
(3) Covered product.--The term ``covered product'' means
any of the following:
(A) Drugs, devices, and cosmetics, as such terms
are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
(B) A biological product, as such term is defined
in section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)).
(C) A consumer product, as such term is used in
section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052).
(D) A chemical substance or new chemical substance,
as such terms are defined in section 3 of the Toxic
Substances Control Act (15 U.S.C. 2602).
(E) A pesticide, as such term is defined in section
2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
(F) A motor vehicle or motor vehicle equipment, as
such terms are defined in section 30102 of title 49,
United States Code.
(G) An item intended to be a component part of a
product described in subparagraph (A), (B), (C), (D),
(E), or (F) but is not yet a component part of such
product.
(4) Distribute in commerce.--The term ``distribute in
commerce'' means to sell in commerce, to introduce or deliver
for introduction into commerce, or to hold for sale or
distribution after introduction into commerce.
(5) Foreign manufacturer or producer.--The term ``foreign
manufacturer or producer'' does not include--
(A) a foreign manufacturer or producer of covered
products that is owned or controlled, directly or
indirectly, by one or more United States natural or
legal persons, if--
(i) the United States natural or legal
person has assets in excess of the foreign
manufacturer or producer; or
(ii) the United States natural or legal
person owns or controls more than one foreign
manufacturer or producer of covered products
and such person has assets in excess of the
average assets held by each foreign
manufacturer or producer; or
(B) a foreign manufacturer or producer of covered
products that owns or controls, or through common
ownership or control is affiliated with, directly or
indirectly, one or more United States operating legal
persons if the principal executive officer residing in
the United States of each United States operating legal
person certifies in writing to the applicable agency
that such person--
(i) is responsible for any liability from a
covered product of the foreign manufacturer or
producer, including liability from the design,
testing, assembly, manufacturing, warnings,
labeling, inspection, packaging, or any other
cause of action related to the covered product;
and
(ii) will serve as the initial point of
contact for the applicable agency in case of a
voluntary or mandatory recall or other issue
involving the safety of a covered product.
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO
ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.
(a) Registration.--
(1) In general.--Beginning on the date that is 180 days
after the date on which the regulations are prescribed pursuant
to section 3(d) and except as provided in this subsection, the
head of each applicable agency shall require foreign
manufacturers and producers of covered products distributed in
commerce to register an agent in the United States who is
authorized to accept service of process on behalf of such
manufacturer or producer for the purpose of any State or
Federal regulatory proceeding or any civil action in State or
Federal court related to such covered product, if such service
is made in accordance with the State or Federal rules for
service of process in the State in which the case or regulatory
action is brought.
(2) Location.--The head of each applicable agency shall
require that an agent of a foreign manufacturer or producer
registered under paragraph (1) be--
(A) located in a State chosen by the foreign
manufacturer or producer with a substantial connection
to the importation, distribution, or sale of the
products of the foreign manufacturer or producer; and
(B) an individual, domestic firm, or domestic
corporation that is a permanent resident of the United
States.
(3) Designation by manufacturer or producer and acceptance
by agent.--The head of each applicable agency shall, at a
minimum, require a--
(A) written designation by a foreign manufacturer
or producer with respect to which paragraph (1)
applies--
(i) signed by an official or employee of
the foreign manufacturer or producer with
authority to appoint an agent;
(ii) containing the full legal name,
principal place of business, and mailing
address of the manufacturer or producer; and
(iii) containing a statement that the
designation is valid and binding on the foreign
manufacturer or producer for the purposes of
this Act.
(B) written acceptance by the agent registered by a
foreign manufacturer or producer with respect to which
paragraph (1) applies--
(i) signed by the agent or, in the case in
which a domestic firm or domestic corporation
is designated as an agent, an official or
employee of the firm or corporation with
authority to sign for the firm or corporation;
(ii) containing the agent's full legal
name, physical address, mailing address, and
phone number; and
(iii) containing a statement that the agent
accepts the designation and acknowledges that
the duties of the agent may not be assigned to
another person or entity and the duties remain
in effect until withdrawn or replaced by the
foreign manufacturer or producer.
(4) Applicability.--
(A) In general.--Paragraph (1) applies only with
respect to a foreign manufacturer or producer that
exceeds minimum requirements established by the head of
the applicable agency under this section.
(B) Factors.--In determining the minimum
requirements for application of paragraph (1) to a
foreign manufacturer or producer, the head of the
applicable agency shall, at a minimum, consider the
following:
(i) The value of all covered products
imported from the manufacturer or producer in a
calendar year.
(ii) The quantity of all covered products
imported from the manufacturer or producer in a
calendar year.
(iii) The frequency of importation from the
manufacturer or producer in a calendar year.
(b) Registry of Agents of Foreign Manufacturers and
Certifications.--
(1) In general.--The Secretary of Commerce shall, in
cooperation with each head of an applicable agency, establish
and keep up to date a registry of agents registered under
subsection (a), certifications submitted under section 2(5)(B),
and certifications removed pursuant to subsection (e).
(2) Availability.--The Secretary of Commerce shall make the
registry established under paragraph (1) available--
(A) to the public in a searchable format through
the Internet website of the Department of Commerce; and
(B) to the Commissioner responsible for U.S.
Customs and Border Protection in a format prescribed by
the Commissioner.
(c) Consent to Jurisdiction.--
(1) In general.--A foreign manufacturer or producer of a
covered product that registers an agent under this section
thereby consents to the personal jurisdiction of the State and
Federal courts of the State in which the registered agent is
located for the purpose of any judicial proceeding related to
such covered product.
(2) Rule of construction.--Paragraph (1) shall not apply to
actions brought by foreign plaintiffs where the alleged injury
or damage occurred outside the United States.
(d) Regulations.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, the
Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
prescribe regulations to carry out this section.
(2) Interagency cooperation.--The Secretary of Commerce,
the Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
cooperate and consult with one another for the purpose of--
(A) prescribing consistent regulations to the
extent necessary for the effective and efficient
sharing of information and establishment of systems and
procedures necessary to carry out this section; and
(B) establishing minimum requirements described in
subsection (a)(4), and to the extent advisable and
practicable for the purpose of establishing consistent
minimum requirements.
(e) Certification Requirements.--Upon actual knowledge or verified
information that any person to whom the requirements of section 2(5)(B)
applies has failed to fulfill such requirements the applicable agency
shall--
(1) notify the Secretary of Commerce that the certification
of such person must be removed from the registry under section
3(b); and
(2) notify such person that the related foreign
manufacturer or producer must comply with section 3.
SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT
REGISTERED AGENTS IN UNITED STATES.
(a) In General.--Beginning on the date that is 180 days after the
date the regulations required under section 3(d) are prescribed, a
person may not import into the United States a covered product (or
component part that will be used in the United States to manufacture a
covered product) if such product (or component part) or any part of
such product (or component part) was manufactured or produced outside
the United States by a manufacturer or producer who does not have a
registered agent described in section 3(a) whose authority is in effect
on the date of the importation.
(b) Enforcement.--The Secretary of Homeland Security shall
prescribe regulations to enforce the prohibition in subsection (a).
SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES.
(a) Determination by Manufacturer or Producer.--Not later than 5
working days after determining to conduct a safety recall or other
safety campaign in a foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(b) Determination by Foreign Government.--Not later than 5 working
days after receiving notification that the government of a foreign
country has determined that a safety recall or other safety campaign
must be conducted in the foreign country of a covered product that is
identical or substantially similar to a covered product offered for
sale in the United States, the manufacturer or producer of the covered
product shall report the determination to the head of the applicable
agency.
(c) Reporting Requirements.--Not later than the date described in
subsection (d), the head of each applicable agency shall prescribe the
contents of the notification required by this section.
(d) Effective Date.--Except as provided in subsection (c), this
section shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS
AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED
STATES.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture and the Commissioner of Food and Drugs
shall jointly--
(1) complete a study on the feasibility and advisability of
requiring foreign producers of food distributed in commerce to
register an agent in the United States who is authorized to
accept service of process on behalf of such producers for the
purpose of any State or Federal regulatory proceeding or any
civil action in State or Federal court related to such food
products; and
(2) submit to Congress a report on the findings of the
Secretary with respect to such study.
SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND
PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS.
Not later than 1 year after the date of the enactment of this Act,
the head of each applicable agency shall--
(1) complete a study on determining feasible and advisable
methods of requiring manufacturers or producers of component
parts within covered products manufactured or produced outside
the United States and distributed in commerce to register
agents in the United States who are authorized to accept
service of process on behalf of such manufacturers or producers
for the purpose of any State or Federal regulatory proceeding
or any civil action in State or Federal court related to such
component parts; and
(2) submit to Congress a report on the findings of the head
of the applicable agency with respect to the study.
SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES JUDGMENTS RELATING TO
DEFECTIVE DRYWALL IMPORTED FROM CHINA.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall--
(1) complete a study on methods to enforce judgments of any
State or Federal regulatory proceeding or any civil action in
State or Federal court relating to defective drywall imported
from the People's Republic of China and distributed in commerce
during the period 2004 through 2007 and used in residential
dwellings in the United States; and
(2) submit to Congress a report on the findings of the
Comptroller General with respect to the study.
SEC. 9. RELATIONSHIP WITH OTHER LAWS.
Nothing in this Act shall affect the authority of any State to
establish or continue in effect a provision of State law relating to
service of process or personal jurisdiction, except to the extent that
such provision of law is inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency. | Foreign Manufacturers Legal Accountability Act of 2010 - (Sec. 3) Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
Exempts from this Act's requirements a foreign manufacturer or producer that distributes a covered product through its U.S. parent company or U.S. subsidiary, provided certain conditions are met.
Requires the registered agent to be: (1) located in a state with a substantial connection to the importation, distribution, or sale of the products; as well as (2) an individual, domestic firm, or domestic corporation that is a U.S. permanent resident.
Directs the Secretary of Commerce to establish, maintain, and make available to the public and to the Commissioner for U.S. Customs and Border Protection (CBP): (1) a registry of such agents; and (2) information on U.S. manufacturers or producers that have submitted certifications of responsibility and liability for their foreign manufacturers or producers or who have had their certifications removed for cause.
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding.
(Sec. 4) Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation.
(Sec. 5) Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States.
(Sec. 6) Requires the Secretary of Agriculture and the Commissioner of Food and Drugs jointly to study the feasibility and advisability of requiring foreign producers of food distributed in commerce to register an agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
(Sec. 7) Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process.
(Sec. 8) Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007. | {"src": "billsum_train", "title": "To require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes."} | 3,356 | 777 | 0.525174 | 1.619726 | 0.61252 | 4.672489 | 4.560408 | 0.934498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Rail Grade Crossing Safety
Formula Enhancement Act of 1995''.
SEC. 2. ALLOCATIONS OF APPORTIONED FUNDS FOR RAILWAY-HIGHWAY CROSSINGS.
(a) Apportionment for Railway-Highway Crossings.--Section 104(b)(3)
of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``For the'' and
inserting ``After making the set aside required by subparagraph
(C), for the'';
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``this
paragraph'' and inserting ``subparagraph (A)''; and
(B) in the second sentence, by striking ``this
paragraph'' and inserting ``subparagraph (A) or this
subparagraph''; and
(3) by adding at the end the following:
``(C) Set aside for railway-highway crossings.--For
each fiscal year specified in section 133(d)(1)(B)(i),
the Secretary shall--
``(i) set aside 5 percent of the funds
authorized for the surface transportation
program to be apportioned to States to be used
in accordance with section 133(d)(1)(B)(i); and
``(ii) apportion the funds set aside under
clause (i) among the States so that--
``(I) 25 percent is apportioned
based on the ratio of the total number
of accidents at public railway-highway
crossings during the 3 full calendar
years preceding the first day of the
fiscal year in each State to that total
in all States;
``(II) 25 percent is apportioned
based on the ratio of the total number
of fatalities at public railway-highway
crossings during the 3 full calendar
years preceding the first day of the
fiscal year in each State to that total
in all States;
``(III) 25 percent is apportioned
based on the ratio, as of the first day
of the fiscal year, of the number of
public railway-highway crossings in
each State to the number of public
railway-highway crossings in all
States;
``(IV) 25 percent is apportioned
based on the ratio, as of the first day
of the fiscal year, of the number of
public railway-highway crossings with
passive warning devices in each State
to the number of public railway-highway
crossings with passive warning devices
in all States; and
``(V) notwithstanding subclauses
(I) through (IV), each State receives a
minimum apportionment of \1/4\ of 1
percent of the funds set aside under
clause (i), except that each of Hawaii,
Puerto Rico, and the District of
Columbia receives \1/8\ of 1 percent of
the funds set aside under clause
(i).''.
(b) Allocations for Safety Programs.--Section 133(d) of title 23,
United States Code, is amended by striking paragraph (1) and inserting
the following:
``(1) For safety programs.--
``(A) Fiscal years 1991 through 1996.--
``(i) In general.--Subject to clause (ii),
for each of fiscal years 1991 through 1996, 10
percent of the funds apportioned to a State
under section 104(b)(3)(A) for the surface
transportation program for a fiscal year shall
be available only to carry out sections 130 and
152.
``(ii) Minimum.--Of the funds required to
be made available by clause (i) for a fiscal
year, each State shall use an amount of the
funds to carry out each of sections 130 and 152
that is not less than the amount of funds
apportioned to the State for fiscal year 1991
under the section.
``(B) Fiscal year 1997.--
``(i) Railway-highway crossings.--Subject
to clause (iii), for fiscal year 1997, the
funds apportioned to a State under section
104(b)(3)(C) shall be available only to carry
out section 130.
``(ii) Hazard elimination program.--Subject
to clause (iii), for fiscal year 1997, 5
percent of the funds apportioned to a State
under section 104(b)(3)(A) for the surface
transportation program for fiscal year 1997
shall be available only to carry out section
152.
``(iii) Minimum.--To the extent necessary
to ensure that the amount of funds made
available for fiscal year 1997 to carry out
each of sections 130 and 152 is not less than
the amount of funds apportioned to the State
for fiscal year 1991 under the section, each
State shall use--
``(I) funds described in clause (i)
to carry out section 152; and
``(II) funds described in clause
(ii) to carry out section 130.''.
(c) Technical Corrections.--Section 130 of title 23, United States
Code, is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively. | Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to direct the Secretary of Transportation, for each of specified years, to set aside five percent of the funds authorized for the surface transportation program to be apportioned among the States for railway-highway crossings based on a formula which takes into account the number of accidents and fatalities at public railway-highway crossings over a three-year period, the number of such crossings, and the number of such crossings with passive warning devices, in each State relative to all States. Provides for exclusive availability of specified apportioned funds for railway-highway crossings and for hazard elimination programs in FY 1997. | {"src": "billsum_train", "title": "Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995"} | 1,194 | 162 | 0.639059 | 1.818271 | 0.748078 | 2.676692 | 7.849624 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Housing Discrimination
Against Servicemembers and Veterans Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Servicemembers and veterans have given the United
States the ultimate commitment to preserve freedom and national
security.
(2) Those who are serving or have served in the Armed
Forces deserve the maximum protection possible from
discrimination based upon their military service.
(3) Veterans have historically suffered from homelessness
at a higher rate than the general population and ending this
disgrace should be a national priority.
(4) Those who are wearing or have worn the uniform of the
United States should be entitled to Federal protection from
housing discrimination.
SEC. 3. ENDING HOUSING DISCRIMINATION AGAINST SERVICEMEMBERS AND
VETERANS.
(a) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Servicemember or veteran' means an individual who serves or
served in the Armed Forces, including in the National Guard or the
Reserves (or in the National Guard in State status under title 32,
United States Code), except that such term does not include an
individual who was discharged or released from service under
dishonorable conditions.''.
(b) Discrimination in the Sale or Rental of Housing and Other
Prohibited Practices.--Section 804 of the Fair Housing Act (42 U.S.C.
3604) is amended--
(1) in subsection (a), by inserting ``or because the person
is a servicemember or veteran'' after ``national origin'';
(2) in subsection (b), by inserting ``or because the person
is a servicemember or veteran'' after ``national origin'';
(3) in subsection (c), by inserting ``or because a person
is a servicemember or veteran,'' after ``national origin,'';
and
(4) in subsection (d), by inserting ``, or because the
person is a servicemember or veteran,'' after ``national
origin''.
(c) Discrimination in Residential Real Estate-Related
Transactions.--Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended--
(1) in subsection (a), by inserting ``or because the person
is a servicemember or veteran'' after ``national origin''; and
(2) in subsection (c), by striking ``, or familial status''
and inserting ``familial status, or whether a person is a
servicemember or veteran''.
(d) Discrimination in the Provision of Brokerage Services.--Section
806 of the Fair Housing Act (42 U.S.C. 3606) is amended by inserting
``or because a person is a servicemember or veteran'' after ``national
origin''.
(e) Religious Organization or Private Club Exemption.--Section
807(a) of the Fair Housing Act (42 U.S.C. 3607(a)) is amended, in the
first sentence by inserting ``or to persons who are not servicemembers
or veterans'' after ``national origin''.
(f) Administration.--Section 808(e)(6) of the Fair Housing Act (42
U.S.C. 3608(e)(6)) is amended, in the first sentence, by inserting
``(including whether such persons and households are or include
servicemembers or veterans)'' after ``persons and households''.
(g) Prevention of Discrimination.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended--
(1) in subsection (a), by inserting ``, or because the
person is a servicemember or veteran (as such term is defined
in section 802 of this Act),'' after ``national origin'';
(2) in subsection (b)(1), by inserting ``or because a
person is a servicemember or veteran (as such term is defined
in section 802 of this Act),'' after ``national origin,''; and
(3) in subsection (c), by inserting ``or because a person
is a servicemember or veteran (as such term is defined in
section 802 of this Act),'' after ``national origin,''.
(h) Rule of Construction.--The Fair Housing Act (42 U.S.C. 3601 et
seq.) is amended by adding at the end the following:
``SEC. 821. RULE OF CONSTRUCTION RELATING TO THE TREATMENT OF
SERVICEMEMBERS AND VETERANS.
``(a) Rule of Construction.--Nothing in this Act may be construed
to prohibit any person from--
``(1) making available to an individual a benefit with
respect to a dwelling, a residential real estate-related
transaction (as defined in section 805 of this Act), or a
service described in section 806 of this Act because the
individual is a servicemember or veteran; or
``(2) selling or renting a dwelling only to servicemembers
or veterans.
``(b) Definition.--For purposes of this section, the term `benefit'
includes a term, condition, privilege, promotion, discount, or other
favorable treatment (including an advertisement for such treatment)
having the purpose or effect of providing an advantage to a
servicemember or veteran.''. | Ending Housing Discrimination Against Servicemembers and Veterans Act of 2012 - Amends the Fair Housing Act to prohibit housing discrimination against servicemembers or veterans with respect to: (1) the sale or rental of housing, (2) residential real estate-related transactions, and (3) the provision of brokerage services.
Prohibits religious organizations engaging in housing transactions from giving preferences to persons of the same religion in cases where membership in such religion is restricted to persons who are not members of the uniformed services.
Amends the Civil Rights Act of 1968 to impose a fine, imprisonment, or both on persons who violate prohibitions on housing discrimination under such Act against members of the uniformed services. | {"src": "billsum_train", "title": "A bill to amend the Fair Housing Act to protect servicemembers and veterans from housing discrimination, and for other purposes."} | 1,263 | 148 | 0.530919 | 1.42024 | 0.739282 | 2.315385 | 8.261538 | 0.761538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Credit Facility
Review Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In August 2007, liquidity abruptly dried up in credit
and securities markets.
(2) This lack of access to affordable credit was initially
limited to financial firms with interests in mortgage-backed
securities that contained subprime and predatory mortgages.
(3) The lack of access to credit quickly spread throughout
the financial services industry, and eventually worldwide.
(4) At the inception of the financial crisis, the Board of
Governors of the Federal Reserve System responded by exercising
its authorities in the traditional manner to effect the Federal
funds rate target, which culminated in a December 16, 2008,
decision to establish a Federal funds rate target range of 0
percent to 0.25 percent.
(5) The Board of Governors of the Federal Reserve System,
as it employed its traditional tools to provide liquidity and
stability to the financial markets, came to acknowledge the
severity of the current crisis by exercising its authority to
act in response to ``unusual and exigent circumstances''.
(6) The Federal Reserve has exercised its authority to
address ``unusual and exigent circumstances'' no less than 11
times since the beginning of the financial crisis.
(7) Before this financial crisis, the Board of Governors of
the Federal Reserve System last exercised its authority to
address ``unusual and exigent circumstances'' in 1934.
(8) In connection with the Board of Governors of the
Federal Reserve System's efforts to address unusual and exigent
circumstances, the Board extended assistance to nonmember
institutions, something it had not done since 1959.
(9) In connection with the Board of Governors of the
Federal Reserve System's efforts to address unusual and exigent
circumstances, the Board has purchased debt obligations from
government-sponsored enterprises, something it had not done
since 1981.
(10) In the course of the crisis, the Federal Reserve
established joint programs with the Department of the Treasury
to aid financial markets, such as the guarantee of Citigroup's
and Bank of America's assets, the Term Asset-Backed Securities
Lending Facility, and the Public-Private Partnership Investment
Program.
(11) On February 10, 2009, Chairman Ben Bernanke affirmed
his commitment to transparency when he testified to the
Committee on Financial Services of the House of Representatives
that ``the Federal Reserve is committed to keeping the Congress
and the public informed about its lending programs and balance
sheet''.
SEC. 3. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES.
Section 714 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(e) Reviews of Credit Facilities of the Federal Reserve System.--
``(1) In general.--Subject to paragraph (3) and
notwithstanding any limitation in subsection (b) on the
auditing and overseeing of certain functions of the Board of
Governors of the Federal Reserve System or any Federal reserve
bank, the Comptroller General may conduct reviews, including
onsite examinations when the Comptroller General determines
such actions are appropriate, of credit facilities established
by the Board or any Federal reserve bank, and of the
establishment of such credit facilities by the Board or any
Federal reserve bank--
``(A) in carrying out any action or function
approved by the Board under the 3rd undesignated
paragraph of section 13 of the Federal Reserve Act (12
U.S.C. 343) as the lender of last resort; or
``(B) in providing temporary assistance to private
institutions as the lender of last resort.
``(2) Description.--As of the date of the enactment of the
Federal Reserve Credit Facility Review Act of 2009, the credit
facilities to which this subsection applies include the
following:
``(A) Money Market Investor Funding Facility.
``(B) Asset-Backed Commercial Paper Money Market
Mutual Fund Liquidity Facility.
``(C) Term Asset-Backed Securities Loan Facility.
``(D) Term Auction Facility.
``(E) The Primary Dealer Credit Facility.
``(F) The Commercial Paper Funding Facility.
``(G) The Term Securities Lending Facility,
including the Term Securities Lending Facility Options
Program
``(H) Maiden Lane, LLC.
``(I) Maiden Lane II, LLC.
``(J) Maiden Lane III, LLC.
``(K) The Revolving Credit Facility.
``(L) Reciprocal currency arrangements with foreign
central banks.
``(M) Mortgage Backed Securities Purchase Program,
as well as the purchase of debt obligations from a
Government Sponsored Enterprise.
``(N) Any special purpose vehicle through which any
such credit facility conducts any activity or lending.
``(3) Termination of authority.--Paragraph (1) shall cease
to apply after the expiration of the 5-year period beginning on
the date of the enactment of this subsection.
``(4) Report.--
``(A) Required.--A report on each review conducted
under paragraph (1) shall be submitted by the
Comptroller General to the Congress before the end of
the 90-day period beginning on the date on which such
review is completed.
``(B) Contents.--The report under subparagraph (A)
shall include a detailed description of the findings
and conclusion of the Comptroller General with respect
to the review that is the subject of the report,
together with such recommendations for legislative or
administrative action as the Comptroller General may
determine to be appropriate.''.
SEC. 4. ACCESS TO RECORDS.
(a) Access to Records.--Section 714(d)(1) of title 31, United
States Code, is amended--
(1) in the first sentence, by inserting ``or any credit
facility established by an agency'' after ``an agency''; and
(2) by inserting after the first sentence the following:
``The Comptroller General shall have access to the officers,
employees, contractors, and other agents and representatives of
any agency or any credit facility established by an agency (as
specified in subsection (e)) at any reasonable time as the
Comptroller General may request. The Comptroller General may
make and retain copies of such records as the Comptroller
General determines appropriate.''.
(b) Unauthorized Access.--Section 714(d)(2) of title 31, United
States Code, is amended--
(1) by inserting ``, copies of any records,'' after
``records''; and
(2) by inserting ``or any credit facility established by an
agency (as specified in subsection (e))'' after ``agency''. | Federal Reserve Credit Facility Review Act of 2009 - Authorizes the Comptroller General to conduct reviews, including onsite examinations, of any credit facility established by the Federal Reserve Board or any federal reserve bank, and of its establishment as the lender of last resort, including when it provides temporary assistance to private institutions as the lender of last restort.
Specifies the credit facilities to which this Act applies.
Terminates such authorization five years after the enactment of this Act.
Grants the Comptroller General access to all records and property of any such credit facility, as well as to its officers, employees, contractors, and other agents and representatives. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of any credit facility established by the Board of Governors of the Federal Reserve System or any Federal reserve bank during the current financial crisis, and for other purposes."} | 1,470 | 140 | 0.419776 | 1.21463 | 0.611546 | 3.97541 | 11.467213 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ravi Thackurdeen Safe Students Study
Abroad Act''.
SEC. 2. APPLICATION OF CLERY ACT TO PROGRAMS OF STUDY ABROAD.
(a) Reporting of Crime Statistics.--Paragraph (12) of section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting a semicolon; and
(3) by adding at the end the following:
``(E) while a student is participating in a program
of study abroad approved for credit by an institution
of higher education, distinguished by whether the
criminal offense occurred at a location described in
subparagraph (A), (B), (C), or (D), or at another
location, without regard to whether the institution
owns or controls a building or property at such
location.''.
(b) Additional Reporting for Programs of Study Abroad.--Section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17), the following new
paragraph:
``(18)(A) Each institution of higher education
participating in any program under this title, other than a
foreign institution of higher education, shall develop and
distribute as part of the report described in paragraph (1), a
statement that the institution has adopted and implemented a
program to protect students participating in a program of study
abroad approved for credit by the institution from crime and
harm while participating in such program of study abroad that,
at a minimum, includes the following:
``(i) A biennial review by the institution
of the programs of study abroad approved for
credit by the institution to determine--
``(I) the effectiveness of the
programs at protecting students from
crime and harm, and whether changes to
the programs are needed (based on the
most recent guidance or other
assistance from the Secretary) and will
be implemented;
``(II) for the 10 years preceding
the date of the report, the number (in
the aggregate for all programs of study
abroad approved for credit by the
institution) of--
``(aa) deaths of program
participants resulting during
program participation;
``(bb) accidents and
illnesses occurring during
program participation that
resulted in hospitalization;
``(cc) sexual assaults
against program participants
occurring during program
participation; and
``(dd) incidents involving
program participants during the
program participation that
resulted in police involvement
or a police report; and
``(III) with respect to the
incidents described in items (aa)
through (dd) of subclause (II), whether
the incidents occurred--
``(aa) on campus;
``(bb) in or on a noncampus
building or property;
``(cc) on public property;
``(dd) in dormitories or
other residential facilities
for students; or
``(ee) at a location not
described in items (aa) through
(dd) of this subclause, without
regard to whether the
institution owns or controls a
building or property at the
location.
``(ii) The crime statistics described in
paragraph (12)(E).
``(B) An institution of higher education described in
subparagraph (A) shall--
``(i) provide each student who is interested in
participating in a program of study abroad approved for
credit by the institution, with a pre-trip orientation
session and advising that includes--
``(I) a list of countries in which such
programs of study abroad are located;
``(II) all current travel information,
including all travel warnings and travel
alerts, issued by the Bureau of Consular
Affairs of the Department of State for such
countries; and
``(III) the information described in
clauses (i) and (ii) of subparagraph (A),
provided specifically for each program of study
abroad approved for credit by the institution
in which the student is considering
participation; and
``(ii) provide each student who returns from such a
program of study abroad with a post-trip orientation
session, including an exit interview that assists the
institution in carrying out subparagraph (A) and clause
(i) of this subparagraph.
``(C) An institution of higher education shall not
disaggregate or otherwise distinguish information for purposes
of subparagraph (A) or (B) in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
``(D) The Secretary shall periodically review a
representative sample of the programs described in subparagraph
(A) that have been adopted and implemented by institutions of
higher education to protect students participating in a program
of study abroad described in subparagraph (A) from crime and
harm while participating in such program of study abroad.''. | Ravi Thackurdeen Safe Students Study Abroad Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify campus security reporting requirements for an institution of higher education (IHE) that participates in federal student aid programs. Currently, an IHE must annually report data to the Department of Education on certain criminal offenses that occur in the following geographic categories: on campus, on campus in a residential facility, on noncampus property, and on public property. This bill expands the geographic categories of reportable offenses to also include crimes that occur while a student is participating in an approved study abroad program. Additionally, it requires an IHE to develop and distribute, as part of its annual security report provided to students and employees, a statement that it has adopted and implemented a program to protect students participating in an approved study abroad program from crime and harm. | {"src": "billsum_train", "title": "Ravi Thackurdeen Safe Students Study Abroad Act"} | 1,136 | 190 | 0.566665 | 1.766669 | 0.853539 | 2.083832 | 6.60479 | 0.754491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Valles Caldera National Preserve
Management Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible employee.--The term ``eligible employee''
means a person who was a full-time or part-time employee of the
Trust during the 180-day period immediately preceding the date
of enactment of this Act.
(2) Fund.--The term ``Fund'' means the Valles Caldera Fund
established by section 106(h)(2) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(h)(2)).
(3) Preserve.--The term ``Preserve'' means the Valles
Caldera National Preserve in the State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) Trust.--The term ``Trust'' means the Valles Caldera
Trust established by section 106(a) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(a)).
SEC. 3. VALLES CALDERA NATIONAL PRESERVE.
(a) Designation as Unit of the National Park System.--To protect,
preserve, and restore the fish, wildlife, watershed, natural,
scientific, scenic, geologic, historic, cultural, archaeological, and
recreational values of the area, the Valles Caldera National Preserve
is designated as a unit of the National Park System.
(b) Management.--
(1) Applicable law.--The Secretary shall administer the
Preserve in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Management coordination.--The Secretary may coordinate
the management and operations of the Preserve with the
Bandelier National Monument.
(3) Management plan.--
(A) In general.--Not later than 3 fiscal years
after the date on which funds are made available to
implement this subsection, the Secretary shall prepare
a management plan for the Preserve.
(B) Applicable law.--The management plan shall be
prepared in accordance with--
(i) section 12(b) of Public Law 91-383
(commonly known as the ``National Park Service
General Authorities Act'') (16 U.S.C. 1a-7(b));
and
(ii) any other applicable laws.
(C) Consultation.--The management plan shall be
prepared in consultation with--
(i) the Secretary of Agriculture;
(ii) State and local governments;
(iii) Indian tribes and pueblos, including
the Pueblos of Jemez, Santa Clara, and San
Ildefonso; and
(iv) the public.
(c) Acquisition of Land.--
(1) In general.--The Secretary may acquire land and
interests in land within the boundaries of the Preserve by--
(A) purchase with donated or appropriated funds;
(B) donation; or
(C) transfer from another Federal agency.
(2) Administration of acquired land.--On acquisition of any
land or interests in land under paragraph (1), the acquired
land or interests in land shall be administered as part of the
Preserve.
(d) Science and Education Program.--
(1) In general.--The Secretary shall--
(A) until the date on which a management plan is
completed in accordance with subsection (b)(3), carry
out the science and education program for the Preserve
established by the Trust; and
(B) beginning on the date on which a management
plan is completed in accordance with subsection (b)(3),
establish a science and education program for the
Preserve that--
(i) allows for research and interpretation
of the natural, historic, cultural, geologic
and other scientific features of the Preserve;
(ii) provides for improved methods of
ecological restoration and science-based
adaptive management of the Preserve; and
(iii) promotes outdoor educational
experiences in the Preserve.
(2) Science and education center.--As part of the program
established under paragraph (1)(B), the Secretary may establish
a science and education center outside the boundaries of the
Preserve.
(e) Grazing.--The Secretary may allow the grazing of livestock
within the Preserve to continue--
(1) consistent with this Act; and
(2) to the extent the use furthers scientific research or
interpretation of the ranching history of the Preserve.
(f) Fish and Wildlife.--Nothing in this Act affects the
responsibilities of the State with respect to fish and wildlife in the
State, except that the Secretary, in consultation with the New Mexico
Department of Game and Fish--
(1) shall permit hunting and fishing on land and water
within the Preserve in accordance with applicable Federal and
State laws; and
(2) may designate zones in which, and establish periods
during which, no hunting or fishing shall be permitted for
reasons of public safety, administration, the protection of
wildlife and wildlife habitats, or public use and enjoyment.
(g) Ecological Restoration.--
(1) In general.--The Secretary shall undertake activities
to improve the health of forest, grassland, and riparian areas
within the Preserve, including any activities carried out in
accordance with title IV of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7301 et seq.).
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with adjacent pueblos to coordinate
activities carried out under paragraph (1) on the Preserve and
adjacent pueblo land.
(h) Withdrawal.--Subject to valid existing rights, all land and
interests in land within the boundaries of the Preserve are withdrawn
from--
(1) entry, disposal, or appropriation under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and mineral materials laws.
(i) Volcanic Domes and Other Peaks.--
(1) In general.--Except as provided in paragraph (3), for
the purposes of preserving the natural, cultural, religious,
archaeological, and historic resources of the volcanic domes
and other peaks in the Preserve described in paragraph (2)
within the area of the domes and peaks above 9,600 feet in
elevation or 250 feet below the top of the dome, whichever is
lower--
(A) no roads or buildings shall be constructed; and
(B) no motorized access shall be allowed.
(2) Description of volcanic domes.--The volcanic domes and
other peaks referred to in paragraph (1) are--
(A) Redondo Peak;
(B) Redondito;
(C) South Mountain;
(D) San Antonio Mountain;
(E) Cerro Seco;
(F) Cerro San Luis;
(G) Cerros Santa Rosa;
(H) Cerros del Abrigo;
(I) Cerro del Medio;
(J) Rabbit Mountain;
(K) Cerro Grande;
(L) Cerro Toledo;
(M) Indian Point;
(N) Sierra de los Valles; and
(O) Cerros de los Posos.
(3) Exception.--Paragraph (1) shall not apply in cases in
which construction or motorized access is necessary for
administrative purposes (including ecological restoration
activities or measures required in emergencies to protect the
health and safety of persons in the area).
(j) Traditional Cultural and Religious Sites.--
(1) In general.--The Secretary, in consultation with Indian
tribes and pueblos, shall ensure the protection of traditional
cultural and religious sites in the Preserve.
(2) Access.--The Secretary, in accordance with Public Law
95-341 (commonly known as the ``American Indian Religious
Freedom Act'') (42 U.S.C. 1996)--
(A) shall provide access to the sites described in
paragraph (1) by members of Indian tribes or pueblos
for traditional cultural and customary uses; and
(B) may, on request of an Indian tribe or pueblo,
temporarily close to general public use 1 or more
specific areas of the Preserve to protect traditional
cultural and customary uses in the area by members of
the Indian tribe or pueblo.
(3) Prohibition on motorized access.--The Secretary shall
maintain prohibitions on the use of motorized or mechanized
travel on Preserve land located adjacent to the Santa Clara
Indian Reservation, to the extent the prohibition was in effect
on the date of enactment of this Act.
(k) Caldera Rim Trail.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Agriculture, affected Indian tribes and pueblos,
and the public, shall study the feasibility of establishing a
hiking trail along the rim of the Valles Caldera on--
(A) land within the Preserve; and
(B) National Forest System land that is adjacent to
the Preserve.
(2) Agreements.--On the request of an affected Indian tribe
or pueblo, the Secretary and the Secretary of Agriculture shall
seek to enter into an agreement with the Indian tribe or pueblo
with respect to the Caldera Rim Trail that provides for the
protection of--
(A) cultural and religious sites in the vicinity of
the trail; and
(B) the privacy of adjacent pueblo land.
(l) Valid Existing Rights.--Nothing in this Act affects valid
existing rights.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--Administrative jurisdiction over the Preserve is
transferred from the Secretary of Agriculture and the Trust to the
Secretary, to be administered as a unit of the National Park System, in
accordance with section 3.
(b) Exclusion From Santa Fe National Forest.--The boundaries of the
Santa Fe National Forest are modified to exclude the Preserve.
(c) Interim Management.--
(1) Memorandum of agreement.--Not later than 90 days after
the date of enactment of this Act, the Secretary and the Trust
shall enter into a memorandum of agreement to facilitate the
orderly transfer to the Secretary of the administration of the
Preserve.
(2) Existing management plans.--Notwithstanding the repeal
made by section 5(a), until the date on which the Secretary
completes a management plan for the Preserve in accordance with
section 3(b)(3), the Secretary may administer the Preserve in
accordance with any management activities or plans adopted by
the Trust under the Valles Caldera Preservation Act (16 U.S.C.
698v et seq.), to the extent the activities or plans are
consistent with section 3(b)(1).
(3) Public use.--The Preserve shall remain open to public
use during the interim management period, subject to such terms
and conditions as the Secretary determines to be appropriate.
(d) Valles Caldera Trust.--
(1) Termination.--The Trust shall terminate 180 days after
the date of enactment of this Act unless the Secretary
determines that the termination date should be extended to
facilitate the transitional management of the Preserve.
(2) Assets and liabilities.--
(A) Assets.--On termination of the Trust--
(i) all assets of the Trust shall be
transferred to the Secretary; and
(ii) any amounts appropriated for the Trust
shall remain available to the Secretary for the
administration of the Preserve.
(B) Assumption of obligations.--
(i) In general.--On termination of the
Trust, the Secretary shall assume all
contracts, obligations, and other liabilities
of the Trust.
(ii) New liabilities.--
(I) Budget.--Not later than 90 days
after the date of enactment of this
Act, the Secretary and the Trust shall
prepare a budget for the interim
management of the Preserve.
(II) Written concurrence
required.--The Trust shall not incur
any new liabilities not authorized in
the budget prepared under subclause (I)
without the written concurrence of the
Secretary.
(3) Personnel.--
(A) Hiring.--The Secretary and the Secretary of
Agriculture may hire employees of the Trust on a
noncompetitive basis for comparable positions at the
Preserve or other areas or offices under the
jurisdiction of the Secretary or the Secretary of
Agriculture.
(B) Salary.--Any employees hired from the Trust
under subparagraph (A) shall be subject to the
provisions of chapter 51, and subchapter III of chapter
53, title 5, United States Code, relating to
classification and General Schedule pay rates.
(C) Interim retention of eligible employees.--For a
period of not less than 180 days beginning on the date
of enactment of this Act, all eligible employees of the
Trust shall be--
(i) retained in the employment of the
Trust;
(ii) considered to be placed on detail to
the Secretary; and
(iii) subject to the direction of the
Secretary.
(D) Termination for cause.--Nothing in this
paragraph precludes the termination of employment of an
eligible employee for cause during the period described
in subparagraph (C).
(4) Records.--The Secretary shall have access to all
records of the Trust pertaining to the management of the
Preserve.
(5) Valles caldera fund.--
(A) In general.--Effective on the date of enactment
of this Act, the Secretary shall assume the powers of
the Trust over the Fund.
(B) Availability and use.--Any amounts in the Fund
as of the date of enactment of this Act shall be
available to the Secretary for use, without further
appropriation, for the management of the Preserve.
SEC. 5. REPEAL OF VALLES CALDERA PRESERVATION ACT.
(a) Repeal.--On the termination of the Trust, the Valles Caldera
Preservation Act (16 U.S.C. 698v et seq.) is repealed.
(b) Effect of Repeal.--Notwithstanding the repeal made by
subsection (a)--
(1) the authority of the Secretary of Agriculture to
acquire mineral interests under section 104(e) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-2(e)) is transferred
to the Secretary and any proceeding for the condemnation of, or
payment of compensation for, an outstanding mineral interest
pursuant to the transferred authority shall continue;
(2) the provisions in section 104(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-2(g)) relating to the Pueblo
of Santa Clara shall remain in effect; and
(3) the Fund shall not be terminated until all amounts in
the Fund have been expended by the Secretary.
(c) Boundaries.--The repeal of the Valles Caldera Preservation Act
(16 U.S.C. 698v et seq.) shall not affect the boundaries as of the date
of enactment of this Act (including maps and legal descriptions) of--
(1) the Preserve;
(2) the Santa Fe National Forest (other than the
modification made by section 4(b));
(3) Bandelier National Monument; and
(4) any land conveyed to the Pueblo of Santa Clara.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Valles Caldera National Preserve Management Act - Designates the Valles Caldera National Preserve in New Mexico as a unit of the National Park System for the protection, preservation, and restoration of the fish, wildlife, watershed, natural, scientific, scenic, geologic, historic, cultural, archaeological, and recreational values of the area.
Requires the Secretary of the Interior (the Secretary) to: (1) prepare a management plan for the Preserve; (2) establish a new science and education program for the Preserve; (3) undertake activities for improving the health of forest, grassland, and riparian areas within the Preserve; and (4) study the feasibility of establishing a hiking trail along the rim of the Valles Caldera.
Authorizes the establishment of a science and education center outside of the Preserve.
Transfers administrative jurisdiction over the Preserve from the Secretary of Agriculture (USDA) and the Valles Caldera Trust to the Secretary. Modifies the boundaries of Santa Fe National Forest to exclude the Preserve.
Terminates the Valles Caldera Trust. | {"src": "billsum_train", "title": "A bill to designate the Valles Caldera National Preserve as a unit of the National Park System, and for other purposes."} | 3,533 | 244 | 0.631985 | 1.787385 | 0.915365 | 4.879397 | 15.291457 | 0.949749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Small Business Enhancement
Act of 2009''.
SEC. 2. ENHANCEMENT OF SERVICES TO SMALL BUSINESSES THAT ARE
DISADVANTAGED.
(a) Net Worth.--Section 8(a)(6)(A) of the Small Business Act (15
U.S.C. 637(a)(6)(A)) is amended by inserting after ``disadvantaged
individual.'' the following: ``For purposes of eligibility for
admission as a Program Participant and for continued eligibility after
admission, the net worth of such individual may be any amount less than
$1,500,000.''.
(b) Time Limit on Participation.--Section 7(j)(15) of the Small
Business Act (15 U.S.C. 636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(15)''; and
(3) by adding at the end the following:
``(B) No time limitation relating to the period that a small
business concern may receive developmental assistance under the Program
and contracts under section 8(a) shall apply to a small business
concern that has not completed a contract under section 8(a).''.
SEC. 3. SURETY BOND GUARANTEES.
Section 508(f) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 159) is amended
by striking ``amendments made by this section'' and inserting
``amendment made by subsection (c)''.
SEC. 4. BUNDLED CONTRACTS.
(a) Definition.--Section 3(o) of the Small Business Act (15 U.S.C.
632(o)) is amended to read as follows:
``(o) Definitions of Bundling of Contract Requirements and Related
Terms.--For purposes of this Act:
``(1) Bundled contract.--
``(A) In general.--The term `bundled contract'
means a contract or order that is entered into to meet
procurement requirements that are consolidated in a
bundling of contract requirements, without regard to
its designation by the procuring agency or whether a
study of the effects of the solicitation on civilian or
military personnel has been made.
``(B) Exceptions.--The term does not include--
``(i) a contract or order with an aggregate
dollar value below the dollar threshold
specified in paragraph (5); or
``(ii) a contract or order that is entered
into to meet procurement requirements, all of
which are exempted requirements under paragraph
(6).
``(2) Bundling of contract requirements.--
``(A) In general.--The term `bundling of contract
requirements' means the use of any bundling methodology
to satisfy 2 or more procurement requirements for goods
or services previously supplied or performed under
separate smaller contracts or orders, or to satisfy 2
or more procurement requirements for construction
services of a type historically performed under
separate smaller contracts or orders, that is likely to
be unsuitable for award to a small business concern due
to--
``(i) the diversity, size, or specialized
nature of the elements of the performance
specified;
``(ii) the aggregate dollar value of the
anticipated award;
``(iii) the geographical dispersion of the
contract or order performance sites; or
``(iv) any combination of the factors
described in clauses (i), (ii), and (iii).
``(B) Inclusion of new features or functions.--A
combination of contract requirements that would meet
the definition of a bundling of contract requirements
but for the addition of a procurement requirement with
at least one new good or service shall be considered to
be a bundling of contract requirements unless the new
features or functions substantially transform the goods
or services and will provide measurably substantial
benefits to the government in terms of quality,
performance, or price.
``(C) Exceptions.--The term does not include--
``(i) the use of a bundling methodology for
an anticipated award with an aggregate dollar
value below the dollar threshold specified in
paragraph (5); or
``(ii) the use of a bundling methodology to
meet procurement requirements, all of which are
exempted requirements under paragraph (6).
``(3) Bundling methodology.--The term `bundling
methodology' means--
``(A) a solicitation to obtain offers for a single
contract or order, or a multiple award contract or
order; or
``(B) a solicitation of offers for the issuance of
a task or a delivery order under an existing single or
multiple award contract or order.
``(4) Separate smaller contract.--The term `separate
smaller contract', with respect to bundling of contract
requirements, means a contract or order that has been performed
by 1 or more small business concerns or was suitable for award
to 1 or more small business concerns.
``(5) Dollar threshold.--The term `dollar threshold' means
$65,000,000, if solely for construction services, and
$5,000,000 with respect to all other circumstances.
``(6) Exempted requirements.--The term `exempted
requirement' means a procurement requirement solely for items
that are not commercial items (as the term `commercial item' is
defined in section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)).
``(7) Procurement requirement.--The term `procurement
requirement' means a determination by an agency that a
specified good or service is needed to satisfy the mission of
the agency.''.
(b) Proposed Procurement Requirements.--Section 15(a) of the Small
Business Act (15 U.S.C. 644(a)) is amended--
(1) by striking ``necessary and justified.'' and inserting
``necessary and justified, as well as identifying information
on the incumbent contract holders, a description of the
industries which might be interested in bidding on the contract
requirements, and the number of small businesses listed in the
industry categories that could be excluded from future bidding
if the contract is combined or packaged.''; and
(2) by striking the sentence beginning ``Whenever the
Administration and the contracting procurement agency fail to
agree,'' and inserting the following: ``Whenever the
Administration and the contracting procurement agency fail to
agree, the Administrator may review the proposed procurement,
may delay the solicitation process for not more than 10 days to
make recommendations, and the matter shall be submitted to the
Director of the Office of Management and Budget to mediate the
disagreement.''.
SEC. 5. FEDERAL CONTRACTING GOALS.
(a) Increase in Certain Goals.--Section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)) is amended--
(1) by striking ``not less than 23 percent'' and inserting
``not less than 25 percent''; and
(2) by striking ``not less than 5 percent'' each place it
appears and inserting ``not less than 10 percent''.
(b) Limitation on Number of Categories for Which a Business May
Qualify.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is
amended by adding at the end the following:
``(3) For purposes of this subsection and subsection (h), with
respect to each procurement contract a small business concern may not
qualify as more than 2 specified categories, regardless of whether such
small business concern satisfies the definition of more than 2
specified categories. The specified categories are small business
concerns, small business concerns owned and controlled by service-
disabled veterans, qualified HUBZone small business concerns, small
business concerns owned and controlled by socially and economically
disadvantaged individuals, and small business concerns owned and
controlled by women.''.
(c) Government Accountability Office Study.--Not later than October
1, 2010, the Comptroller General of the United States shall conduct and
submit to Congress a report describing the results of a study on
disparities in the awarding of Federal contracts to procure goods or
services with respect to small business concerns owned and controlled
by socially and economically disadvantaged individuals, small business
concerns, and other business concerns. | Minority Small Business Enhancement Act of 2009 - Amends the Small Business Act to consider an individual with a net worth of less than $1.5 million as eligible for participation in a Small Business Administration (SBA) program providing grants to small businesses owned and controlled by economically disadvantaged individuals. Allows a small business to receive SBA developmental assistance under the program for the entire period of an SBA-guaranteed loan.
Redefines the term "bundled contract" to mean a contract or order entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made, subject to exceptions. Expands the definition of "bundling of contract requirements." Makes the revised and expanded definitions inapplicable to contracts for construction services under $65 million or under $5 million for all other types of contracts.
Increases from: (1) 23% to 25% the government-wide small business procurement contract goal; and (2) 5% to 10% the government-wide procurement goal for small disadvantaged businesses and women-owned businesses. Limits the number of categories for which a small business may qualify under such goals.
Requires a report from the Comptroller General to Congress on disparities in the awarding of federal contracts to small businesses owned and controlled by socially and economically disadvantaged individuals, small businesses, and other businesses. | {"src": "billsum_train", "title": "To amend the Small Business Act to enhance services to small business concerns that are disadvantaged, and for other purposes."} | 1,929 | 319 | 0.612897 | 1.885555 | 0.81554 | 3.017986 | 6.035971 | 0.845324 |
SECTION 1. WAIVER OF SOCIAL SECURITY DISABILITY WAITING PERIOD IN THE
CASE OF THE TERMINALLY ILL.
(a) Disability Insurance Benefits.--Section 223(c)(2) of the Social
Security Act (42 U.S.C. 423(c)(2)) is amended by inserting after and
below subparagraph (B) the following new sentence:
``In the case of an individual described in section 226(j)(2), the
reference in the preceding provisions of this paragraph to the `period
of five consecutive calendar months' shall be deemed a reference to a
`period of one calendar month', and the references in such provisions
to the `seventeenth month' shall be deemed references to the
`thirteenth month'.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended--
(1) in subparagraph (A), by adding after and below clause
(ii) the following new sentence:
``In the case of a terminally ill individual described in section
226(j)(2), the reference in the preceding provisions of this
subparagraph to a `period of five consecutive calendar months' shall be
deemed a reference to a `period of one calendar month', the reference
in clause (ii)(I) to the `seventeenth month' shall be deemed a
reference to the `thirteenth month', and the reference in clause
(ii)(II) to the `fifth month before' the month in which the period
specified in paragraph (4) begins shall be deemed a reference to the
`month before' the month in which such period begins.''; and
(2) in subparagraph (B), by inserting ``(i)'' after
``(B)'', by inserting ``in a case other than the case described
in clause (ii),'' after ``paragraph (1)(F)(i),'', and by adding
at the end the following new clause:
``(ii) In the case of a terminally ill individual described in
section 226(j)(2), the `first month' described in clause (i) shall be
treated as the waiting period referred to in paragraph (1)(F)(i).''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended--
(1) in subparagraph (A), by adding after and below clause
(ii) the following new sentence:
``In the case of a terminally ill individual described in section
226(j)(2), the reference in the preceding provisions of this
subparagraph to a `period of five consecutive calendar months' shall be
deemed a reference to a `period of one calendar month', the reference
in clause (ii)(I) to the `seventeenth month' shall be deemed a
reference to the `thirteenth month', and the reference in clause
(ii)(II) to the `fifth month before' the month in which the period
specified in paragraph (4) begins shall be deemed a reference to the
`month before' the month in which such period begins.''; and
(2) in subparagraph (B), by inserting ``(i)'' after
``(B)'', by inserting ``in a case other than the case described
in clause (ii),'' after ``paragraph (1)(F)(i),'', and by adding
at the end the following new clause:
``(ii) In the case of a terminally ill individual described in
section 226(j)(2), the `first month' described in clause (i) shall be
treated as the waiting period referred to in paragraph (1)(F)(i).''.
SEC. 2. WAIVER OF MEDICARE DISABILITY WAITING PERIOD IN THE CASE OF THE
TERMINALLY ILL.
(a) In General.--Section 226 of the Social Security Act (42 U.S.C.
426) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j)(1) With respect to a terminally ill individual described in
paragraph (2) who would be entitled to benefits under subsection (b)
but for the 24-month waiting period under subsection (b)(2), the
following special rules apply:
``(A) Subsection (b) shall be applied as if there were no
requirement for any entitlement to benefits, or status, for a
period longer than one month.
``(B) The entitlement under such subsection shall begin
with the first month (rather than twenty-fifth month) of
entitlement or status.
``(C) Subsection (f) shall not be applied.
``(2)(A) Subject to subparagraph (B), a terminally ill individual
described in this paragraph is an individual who, in accordance with
rules established by the Secretary, has been determined by a medical
professional to have a medical condition that--
``(i) no longer responds to aggressive, cure-
oriented treatments; and
``(ii) is expected to result in the death of the
individual within the next 12 months.
``(B) An individual described in subparagraph (A) shall not
continue to be treated as a terminally ill individual under this
paragraph after the end of the 12 months described in subparagraph
(A)(ii) unless, before the end of such period, there is a review of the
individual's medical condition by a medical professional and a
determination that the individual has a condition that continues to
meet the conditions specified in subparagraph (A) as of the date of the
review.''.
(b) Conforming Amendment.--Section 1837 of such Act (42 U.S.C.
1395p) is amended by adding at the end the following new subsection:
``(k) In applying this section in the case of a terminally ill
individual who is entitled to benefits under part A pursuant to the
operation of section 226(j), the following special rules apply:
``(1) The initial enrollment period under subsection (d)
shall begin on the first day of the first month in which the
individual satisfies the requirement of section 1836(1).
``(2) In applying subsection (g)(1), the initial enrollment
period shall begin on the first day of the first month of
entitlement to disability insurance benefits referred to in
such subsection.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to benefits for months
beginning on or after January 1, 2004. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to waive the waiting periods for social security disability and Medicare (SSA title XVIII) coverage of certain terminally ill individuals. | {"src": "billsum_train", "title": "To amend titles II and XVIII of the Social Security Act to waive certain waiting periods for Social Security disability and Medicare benefits in the case of a terminally ill, disabled individual."} | 1,591 | 55 | 0.493594 | 1.140824 | -0.127008 | 1.418605 | 31 | 0.674419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free and Fair Trade Act of 2011''.
SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
(a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``December 31, 2010'' and inserting ``June
30, 2012''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to goods entered on or after the 15th day after the date
of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of an article (other than an article described in
section 503(b)(5) of the Trade Act of 1974, as amended
by section 3(a) of this Act) to which duty-free
treatment under title V of the Trade Act of 1974 would
have applied if the entry had been made on December 31,
2010, that was made--
(i) after December 31, 2010; and
(ii) before the 15th day after the date of
the enactment of this Act,
shall be liquidated or reliquidated as though such
entry occurred on the date that is 15 days after the
date of the enactment of this Act.
(B) Requests.--A liquidation or reliquidation may
be made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs
and Border Protection not later than 180 days after the
date of the enactment of this Act that contains
sufficient information to enable U.S. Customs and
Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot
be located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of an article under
subparagraph (A) shall be paid, without interest, not
later than 90 days after the date of the liquidation or
reliquidation (as the case may be).
(3) Definition.--As used in this subsection, the term
``entry'' includes a withdrawal from warehouse for consumption.
SEC. 3. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL
TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES.
(a) In General.--Section 503(b) of the Trade Act of 1974 (19 U.S.C.
2463(b)) is amended by adding at the end the following:
``(5) Certain sleeping bags.--An article classifiable under
subheading 9404.30.80 of the Harmonized Tariff Schedule of the
United States shall not be an eligible article for purposes of
subsection (a).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to articles entered, or withdrawn from warehouse for consumption,
on or after the 15th day after the date of the enactment of this Act.
SEC. 4. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208(a) of the Andean Trade Preference Act
(19 U.S.C. 3206(a)) is amended--
(1) in paragraph (1)(A), by striking ``February 12, 2011''
and inserting ``June 30, 2012''; and
(2) in paragraph (2), by striking ``February 12, 2011'' and
inserting ``June 30, 2012''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of
the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``8
succeeding 1-year periods'' and inserting ``9
succeeding 1-year periods''; and
(ii) in subclause (III)(bb), by striking
``and for the succeeding 3-year period'' and
inserting ``and for the succeeding 4-year
period''; and
(B) in clause (v)(II), by striking ``7 succeeding
1-year periods'' and inserting ``8 succeeding 1-year
periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``February 12,
2011'' and inserting ``June 30, 2012''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to articles entered on or after the 15th day after the
date of the enactment of this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of an article to which duty-free treatment or
other preferential treatment under the Andean Trade
Preference Act would have applied if the entry had been
made on February 12, 2011, that was made--
(i) after February 12, 2011; and
(ii) before the 15th day after the date of
the enactment of this Act,
shall be liquidated or reliquidated as though such
entry occurred on the date that is 15 days after the
date of the enactment of this Act.
(B) Requests.--A liquidation or reliquidation may
be made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs
and Border Protection not later than 180 days after the
date of the enactment of this Act that contains
sufficient information to enable U.S. Customs and
Border Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot
be located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of an article under
subparagraph (A) shall be paid, without interest, not
later than 90 days after the date of the liquidation or
reliquidation (as the case may be).
(3) Definition.--As used in this subsection, the term
``entry'' includes a withdrawal from warehouse for consumption.
SEC. 5. OFFSET.
(a) In General.--Notwithstanding any other provision of law, of all
unobligated Federal funds available, $2,300,000,000 in appropriated
discretionary unexpired funds are rescinded.
(b) Implementation.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall--
(1) identify the accounts and amounts rescinded to
implement subsection (a); and
(2) submit a report to the Secretary of the Treasury and
Congress of the accounts and amounts identified under paragraph
(1) for rescission.
(c) Exception.--This section shall not apply to the unobligated
Federal funds of the Department of Defense or the Department of
Veterans Affairs.
SEC. 6. COMPLIANCE WITH PAYGO.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Free and Fair Trade Act of 2011 - Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences (GSP) through June 30, 2012.
Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after December 31, 2010, and before the 15th day after enactment of this Act.
Makes ineligible for such treatment certain imported sleeping bags.
Amends the Andean Trade Preference Act (ATPA) to extend duty-free treatment or other preferential treatment of the products of Colombia and Ecuador through June 30, 2012.
Extends through FY2012 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres).
Requires the liquidation or reliquidation (refund of duties) on such articles that entered into the United States after February 12, 2011, and before the 15th day after enactment of this Act.
Extends the President's authority to take bilateral emergency action to grant duty-free treatment of certain apparel articles imported from an ATPDEA beneficiary country.
Rescinds $2.3 billion in appropriated discretionary unexpired federal funds. | {"src": "billsum_train", "title": "A bill to extend certain trade preference programs, and for other purposes."} | 1,815 | 275 | 0.525843 | 1.752336 | 0.816003 | 2.515556 | 6.684444 | 0.764444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Short Term Retention for
Agricultural Workers Act of 2013''.
SEC. 2. IN GENERAL.
(a) Inclusion of Dairy or Ranch Workers.--Section 101(a)(15)(H) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is
amended by inserting ``labor on a dairy or ranch and'' before
``agricultural labor defined in''.
(b) Elimination of 50 Percent Rule.--Section 218(c)(3) of such Act
(8 U.S.C. 1188(c)(3)) is amended--
(1) in subparagraph (A), by striking ``(A)''; and
(2) by striking subparagraph (B).
(c) Wage Rate.--Section 218(a)(1)(B) of such Act (8 U.S.C.
1188(a)(1)(B)) is amended by striking the period at the end and
inserting ``, except that no employer shall be required to pay a wage
rate greater than the greatest of the Federal, State, and local minimum
wage rates.''.
(d) Legal Assistance From the Legal Services Corporation.--Section
218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is
further amended by adding at the end the following:
``(4)(A) The Legal Services Corporation may not provide legal
assistance for, or on behalf of, any alien, and may not provide
financial assistance to any person or entity that provides legal
assistance for, or on behalf of, any alien, unless--
``(i) the alien is present in the United States at the time
the legal assistance is provided; and
``(ii) the parties to the dispute have attempted, in good
faith, mediation or other non-binding dispute resolution of all
issues involving all such parties.
``(B) If an employer and a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal
Services Corporation shall respect the arbitration process and outcome.
``(C) No employer of a nonimmigrant having status under section
101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a
grant or contract under section 1007 of the Legal Services Corporation
Act (42 U.S.C. 2996f), or any employee of such a recipient, to enter
upon the employer's property, unless such recipient or employee has a
pre-arranged appointment with a specific nonimmigrant having such
status.''.
(e) Length of Stay.--Section 218 of such Act (8 U.S.C. 1188) is
amended by adding at the end the following:
``(j) Length of Stay.--A STRAW worker who enters the United States
may remain in the United States for a period of not more than 11
months. The STRAW worker may not enter the United States on an
additional visa under section 101(a)(15)(H)(ii)(c) unless the STRAW
worker first returns to that worker's country of origin for a period of
not less than 1 month. A STRAW worker may enter and remain in the
United States for a total of not more than 3 years.''.
(f) Housing.--Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4))
is amended to read as follows:
``(4) Housing.--Except for STRAW workers who are reasonably
able to return to their permanent residence (either within or
outside the United States) within the same day, the employer
will provide housing to STRAW workers through one of the
following means:
``(A) Employer-owned housing in accordance with
regulations promulgated by the Secretary of
Agriculture.
``(B) Rental or public accommodations or other
substantially similar class of habitation in accordance
with regulations promulgated by the Secretary of
Agriculture.
``(C) Except where the Governor of the State has
certified that there is inadequate housing available in
the area of intended employment for migrant farm
workers and STRAW workers seeking temporary housing
while employed in agricultural work, the employer may
furnish the worker with a housing voucher in accordance
with regulations, if--
``(i) the employer has verified that
housing is available for the period during
which the work is to be performed, within a
reasonable commuting distance of the place of
employment, for the amount of the voucher
provided, and that the voucher is useable for
that housing;
``(ii) upon the request of a worker seeking
assistance in locating housing for which the
voucher will be accepted, the employer makes a
good faith effort to assist the worker in
identifying, locating and securing housing in
the area of intended employment; and
``(iii) payment for the housing is made
with a housing voucher that is only redeemable
by the housing owner or their agent.
An employer who provides housing through one of the foregoing
means shall not be deemed a housing provider under section 203
of the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1823) by virtue of providing such housing.''.
(g) Biometric Identification Card.--The Secretary of Homeland
Security shall provide each nonimmigrant agricultural worker with an
identification card that contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(h) Trust Fund.--
(1) Establishment.--The Secretary of Agriculture shall
establish by regulation a trust fund the purpose of which is to
provide, without further appropriation, funds for the
administration and the enforcement of the program under this
section, for the cost of the cards issued under subsection (k),
for a monetary incentive for nonimmigrant agricultural workers
to return to their country of origin upon expiration of their
visas under the program, and for payment with respect to
emergency medical services furnished to nonimmigrant
agricultural workers. The Secretary of Agriculture in
consultation with the Secretary of the Treasury shall
promulgate such other regulations as may be necessary to carry
out this subsection.
(2) Payment of fica and futa amounts into trust fund.--In
the case of employment of a nonimmigrant agricultural worker--
(A) the employer shall provide for payment into the
trust fund established under paragraph (1) of the sum
of--
(i) an amount equivalent to the amount of
excise taxes which the employer would pay under
the chapter 21 of the Internal Revenue Code of
1986 with respect to such employment if it were
considered employment for the purpose of such
Act; and
(ii) an amount equivalent to (and in lieu
of) the amount of excise taxes which the
employer would otherwise pay under chapter 23
of such Code with respect to such employment;
and
(B) there shall be deducted from the wages of the
worker and paid into such trust fund an amount
equivalent to the amount of excise taxes that the
employee would pay under such chapter 21 with respect
to such employment if it were considered employment for
the purposes of such Act.
(3) Expenditures from trust fund.--
(A) Use of employer contributions for
administration.--Amounts described in paragraph (2)(A)
paid into the trust fund shall be used for the purpose
of administering and enforcing the program under this
section and for the cost of the cards issued under
subsection (k).
(B) Use of employee contributions for repayment of
employee contributions upon return to country of
origin.--Except as provided in subparagraph (C),
amounts described in paragraph (2)(B) paid into the
trust fund with respect to a nonimmigrant agricultural
worker shall, upon application by the worker at the
United States consulate nearest the worker's residence
in the country of origin, be paid to the worker if the
worker demonstrates the compliance of the worker with
the terms and conditions of the program.
(C) Use of employee contributions attributable to
hi taxes for emergency medical services for
nonimmigrant agricultural workers.--
(i) In general.--Amounts described in
paragraph (2)(B) paid into the trust fund which
relate to excise tax in section 3101(b) of the
Internal Revenue Code of 1986 shall be used to
provide payment with respect to emergency
medical services (as defined in clause (iii))
for nonimmigrant agricultural workers.
(ii) Administration.--The Secretary of
Agriculture shall establish rules, in
consultation with the Secretary of Health and
Human Services, with respect to the payments
under this subparagraph, including methods for
determining qualifications for payment and the
amount of payment to be made with respect to
emergency medical services.
(iii) Emergency medical services defined.--
In this subparagraph, the term ``emergency
medical services'' means those items and
services required to be provided under section
1867 of the Social Security Act (42 U.S.C.
1395dd) with respect to an individual who is a
nonimmigrant agricultural worker and does not
include items and services for which coverage
under workers' compensation is required under
subsection (f)(3) with respect to the worker.
(i) Semiannual Reports to Congress.--The Secretary of Agriculture
shall report to Congress semiannually regarding the program under this
section. Each such report shall include a statement of the number of
nonimmigrant visas issued under the program, an evaluation of the
effectiveness of the program, a description of any problems related to
the enforcement of the program, and any recommendations for legislation
relating to the program.
(j) Program Name and Administrator Changed.--Section 218 of the
Immigration and Nationality Act (8 U.S.C. 1188), as amended by this
Act, is further amended--
(1) by striking ``H-2A worker'' each place it appears and
inserting ``STRAW worker''; and
(2) by striking ``Secretary of Labor'' each place it
appears and inserting ``Secretary of Agriculture''. | Short Term Retention for Agricultural Workers Act of 2013 - Amends the Immigration and Nationality Act to rename H-2A nonimmigrant temporary agricultural workers as STRAW workers. Includes dairy or ranch workers in such category. Eliminates the 50% rule requiring employers to agree to accept all qualified U.S. workers until 50% of the certified employment period has been completed. Provides that an employer shall not be required to pay a wage rate greater than the greatest of the federal, state, and local minimum wage rates. Prohibits the Legal Services Corporation from providing legal assistance for any alien and prohibits providing financial assistance to any person or entity that provides legal assistance for any alien, unless: (1) the alien is present in the United States when the legal assistance is provided, and (2) the parties to the dispute have attempted mediation or other non-binding dispute resolution of all issues. Sets forth STRAW worker provisions regarding housing and length of U.S. stay. Directs the Secretary of Homeland Security (DHS) to provide each nonimmigrant agricultural worker with an identification card that contains: (1) an encrypted, machine-readable, electronic identification strip that is unique to such alien; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication. Directs the Secretary of Agriculture (USDA) to establish a trust fund to pay for: (1) program administration and enforcement, (2) identification card costs, (3) monetary incentives for nonimmigrant agricultural workers to return to their country of origin, and (4) emergency medical services furnished to such workers. Provides for the payment of specified funds into the trust fund from employers and worker wage deductions. | {"src": "billsum_train", "title": "Short Term Retention for Agricultural Workers Act of 2013"} | 2,307 | 373 | 0.589283 | 2.047487 | 0.7656 | 4.406061 | 6.081818 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Interest Lawyer Assistance
and Relief Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The ability to repay financial obligations incurred in
obtaining a legal education has become a deterrent to law
school graduates accepting public interest employment.
(2) The increasing level of educational debt leads recent
law school graduates to accept positions with private firms
offering high salaries rather than with lower paying public
interest organizations.
(3) This has led to a decrease in the number of attorneys
available to serve public needs in government, non-profit, and
special interest capacities.
(4) The establishment of a Federal loan repayment
assistance program for attorneys entering public interest jobs
will increase access to legal services in these areas by
helping recent law school graduates to meet their educational
financial obligations.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) Program.--
(1) In general.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall carry out a
program of assuming the obligation to repay, pursuant to
subsection (c), a loan made, insured, or guaranteed under part
B or D of title IV of the Higher Education Act of 1965
(excluding loans made under sections 428B and 428C of such Act
or comparable loans made under part D of such title) for any
borrower who enters into an agreement with the Secretary to
complete 3 years of service as a lawyer employed in a public
interest position.
(2) Award basis; deferment.--
(A) Award basis.--Loan repayment under this section
shall be on a first-come, first-serve basis and subject
to the availability of appropriations, and to any
limitations imposed by the Secretary under section 5.
The Secretary shall, on the basis of an application
that complies with subsection (d)(1), select from among
eligible applicants the borrowers with which to enter
into the agreements described in paragraph (1).
(B) Deferment.--The Secretary shall, by regulation,
provide for the deferment of repayment of loans made,
insured, or guaranteed under part B or D of title IV of
the Higher Education Act of 1965 (excluding loans made
under sections 428B and 428C of such Act or comparable
loans made under part D of such title) for borrowers
who enter into such agreements and provide evidence in
accordance with such regulations of employment in a
position qualifying for repayment of such loans under
paragraph (1).
(3) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Loan Repayment.--
(1) Eligible amount.--Except as provided by the Secretary
pursuant to section 5, the amount the Secretary may repay on
behalf of any individual under this section shall not exceed
the greater of--
(A) the sum of the principal amounts outstanding of
the individual's qualifying loans at the beginning of
the first year of service described in subsection
(a)(1); or
(B) a total of more than $20,000.
(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under part B or D of title IV of the Higher Education Act
of 1965.
(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
(c) Repayment to Eligible Lenders.--Except as provided by the
Secretary pursuant to section 5, the Secretary shall pay to each
eligible lender or holder for each year an amount equal to one-third of
the aggregate amount of loans which are subject to repayment pursuant
to subsection (b)(1).
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Eligible positions.--An individual shall be treated as
serving as a lawyer employed in a public interest position
under this section after completing a year of service as a
practising attorney in a position in--
(A) local, State, or Federal government;
(B) an organization that is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of
1986; or
(C) a judicial clerkship.
(e) Treatment of Consolidation Loans.--A loan amount for a
consolidation loan made under section 428C of the Higher Education Act
of 1965, or a Federal Direct Consolidation Loan made under part D of
title IV of such Act, may be a qualified loan amount for the purpose of
this section only to the extent that such loan amount was used by a
borrower who otherwise meets the requirements of this section to
repay--
(1) a loan made under section 428 or 428H of such Act; or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act.
(f) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and subtitle D of
title I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).
SEC. 4. ADMINISTRATION.
The Secretary shall create or designate an administering body
within the Department of Education to--
(1) establish and determine eligibility criteria under this
Act;
(2) alter the limits on the amount of loan repayment
assistance participants may receive during their period of
participation under section 3;
(3) alter the limits on the amount of time a law school
graduate may participate in the loan assistance repayment
program under section 3;
(4) accept funding and gifts on behalf of the program;
(5) raise funds on behalf of the program; and
(6) disburse funds or designate another entity to do so on
behalf of the program.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2003 and for each of the 4
succeeding fiscal years. | Public Interest Lawyer Assistance and Relief Act - Directs the Secretary of Education to carry out a student loan forgiveness program for any borrower who agrees to complete three years of service as a public interest lawyer.
Directs the Secretary, under such program, to: (1) repay up to $20,000 of such borrower's obligation on a loan made, insured, or guaranteed under part B (Federal Family Education Loan Program) or D (Federal Perkins Loans) of title IV (Student Assistance) of the Higher Education Act of 1965 (HEA); and (2) provide for deferment of repayment of such loans by such borrower while employed as a public interest lawyer.
Excludes from such program Federal PLUS loans (to parents) and Federal consolidation loans under part B or comparable loans made under part D. Allows certain amounts under consolidation loans to qualify for such program.
Treats an individual as serving as a public interest lawyer eligible to apply for such program after completion of a year of service as a practicing attorney in: (1) local, State, or Federal government; (2) a tax-exempt organization; or (3) a judicial clerkship.
Provides such loan repayment on a first-come, first-serve basis, and subject to the availability of appropriations and to any limitations imposed by the Secretary. Directs the Secretary to create or designate an administering entity for such program within the Department of Education. | {"src": "billsum_train", "title": "To provide financial assistance to law school graduates who choose to accept employment in a public interest position."} | 1,380 | 310 | 0.676015 | 2.202832 | 0.825028 | 2.978261 | 4.702899 | 0.905797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CHIP Data and Evaluation Improvement
Act of 1999.''.
SEC. 2. FUNDING FOR RELIABLE ANNUAL STATE-BY-STATE ESTIMATES ON THE
NUMBER OF CHILDREN WHO DO NOT HAVE HEALTH INSURANCE
COVERAGE.
Section 2108 of the Social Security Act (42 U.S.C.1397hh) is
amended by adding at the end the following:
``(c) Adjustment to Current Population Survey To Include State-by-
State Data Relating to Children Without Health Insurance Coverage.--
``(1) In general.--The Secretary of Commerce shall make
appropriate adjustments to the annual Current Population Survey
conducted by the Bureau of the Census in order to produce
statistically reliable annual State data on the number of low-
income children who do not have health insurance coverage, so
that real changes in the uninsurance rates of children can
reasonably be detected. The Current Population Survey should
produce data under this subsection that categorizes such
children by family income, age, and race or ethnicity. The
adjustments made to produce such data shall include, where
appropriate, expanding the sample size used in the State
sampling units, expanding the number of sampling units in a
State, and an appropriate verification element.
``(2) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $10,000,000 for fiscal year 2000 and each fiscal
year thereafter for the purpose of carrying out this
subsection.''.
SEC. 3. FUNDING FOR CHILDREN'S HEALTH CARE ACCESS AND UTILIZATION
STATE-BY-STATE DATA.
Section 2108 of the Social Security Act (42 U.S.C. 1397hh), as
amended by section 2, is amended by adding at the end the following:
``(d) Collection of Children's Health Care Access and Utilization
State-Level Data.--
``(1) In general.--The Secretary, acting through the
National Center for Health Statistics (in this subsection
referred to as the `Center'), shall collect data on children's
health insurance through the State and Local Area Integrated
Telephone Survey (SLAITS) for the 50 States and the District of
Columbia. Sufficient data shall be collected so as to provide
reliable, annual, State-by-State information on the health care
access and utilization of children in low-income households,
and to allow for comparisons between demographic subgroups
categorized with respect to family income, age, and race or
ethnicity.
``(2) Survey design and content.--
``(A) In general.--In carrying out paragraph (1),
the Secretary, acting through the Center--
``(i) shall obtain input from appropriate
sources, including States, in designing the
survey and making content decisions; and
``(ii) at the request of a State, may
collect additional data to assist with a
State's evaluation of the program established
under this title.
``(B) Reimbursement of costs of additional data.--A
State shall reimburse the Center for services provided
under subparagraph (A)(ii).
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $9,000,000 for fiscal year 2000 and each fiscal
year thereafter for the purpose of carrying out this
subsection.''.
SEC. 4. FEDERAL EVALUATION OF STATE CHILDREN'S HEALTH INSURANCE
PROGRAMS.
Section 2108 of the Social Security Act (42 U.S.C.1397hh), as
amended by sections 2 and 3, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal Evaluation.--
``(1) In general.--The Secretary, directly or through
contracts or interagency agreements, shall conduct an
independent evaluation of 10 States with approved child health
plans.
``(2) Selection of States.--In selecting States for the
evaluation conducted under this subsection, the Secretary shall
choose 10 States that utilize diverse approaches to providing
child health assistance, represent various geographic areas
(including a mix of rural and urban areas), and contain a
significant portion of uncovered children.
``(3) Matters included.--In addition to the elements
described in subsection (b)(1), the evaluation conducted under
this subsection shall include, but is not limited to, the
following:
``(A) Surveys of the target population (enrollees,
disenrollees, and individuals eligible for but not
enrolled in the program under this title).
``(B) Evaluation of effective and ineffective
outreach and enrollment practices with respect to
children (for both the program under this title and the
medicaid program under title XIX), and identification
of enrollment barriers and key elements of effective
outreach and enrollment practices, including practices
that have successfully enrolled hard-to-reach
populations such as children who are eligible for
medical assistance under title XIX but have not been
enrolled previously in the medicaid program under that
title.
``(C) Evaluation of the extent to which State
medicaid eligibility practices and procedures under the
medicaid program under title XIX are a barrier to the
enrollment of children under that program, and the
extent to which coordination (or lack of coordination)
between that program and the program under this title
affects the enrollment of children under both programs.
``(D) An assessment of the effect of cost-sharing
on utilization, enrollment, and coverage retention.
``(E) Evaluation of disenrollment or other
retention issues, such as switching to private
coverage, failure to pay premiums, or barriers in the
recertification process.
``(4) Submission to congress.--Not later than December 31,
2001, the Secretary shall submit to Congress the results of the
evaluation conducted under this subsection.
``(5) Funding.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $10,000,000 for fiscal year 2000 for the purpose
of conducting the evaluation authorized under this subsection.
Amounts appropriated under this paragraph shall remain
available without fiscal year limitation.''.
SEC. 5. STANDARDIZED REPORTING REQUIREMENTS FOR ANNUAL REPORTS.
Section 2108(a) of the Social Security Act (42 U.S.C. 1397hh(a)) is
amended by--
(1) redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively and indenting appropriately;
(2) by striking ``The State shall--'' and inserting the
following
``(1) In general.--The State shall--''; and
(3) by adding at the end the following:
``(2) Standardized reporting requirements.--Each annual
report submitted under this subsection shall, in addition to
expenditure and other reporting requirements specified by the
Secretary, include the following:
``(A) Enrollee counts categorized by income (that
at least identifies enrollees with income below the
poverty line), age, and race or ethnicity, and, if
income levels used in State reporting differ from that
prescribed by the Secretary, a detailed description of
the eligibility methodologies used by the State,
including all relevant income disregards, exempted
income, and eligibility family units.
``(B) The annual percentages of those individuals
who sought coverage (as determined by the Secretary)
through the screening and enrollment process
established under the State program under this title
who were--
``(i) enrolled in the program under this
title;
``(ii) enrolled in the medicaid program
under title XIX; or
``(iii) determined eligible for, but not
enrolled in, the program under this title or
the medicaid program under title XIX.''.
SEC. 6. INSPECTOR GENERAL AUDIT AND GAO REPORT ON ENROLLEES ELIGIBLE
FOR MEDICAID.
Section 2108 of the Social Security Act (42 U.S.C.1397hh), as
amended by section 4, is amended by adding at the end the following:
``(f) Inspector General Audit and GAO Report.--
``(1) Audit.--Beginning with fiscal year 2000, and every
third fiscal year thereafter, the Secretary, through the
Inspector General of the Department of Health and Human
Services, shall audit a sample from among the States described
in paragraph (2) in order to--
``(A) determine the number, if any, of enrollees
under the plan under this title who are eligible for
medical assistance under title XIX (other than as an
optional targeted low-income children under section
1902(a)(10)(A)(ii)(XIV)); and
``(B) assess the progress made in reducing the
number of targeted uncovered low-income children
relative to the goals established in the State child
health plan, as reported to the Secretary in accordance
with subsection (a)(2).
``(2) State described.--A State described in this paragraph
is a State with an approved State child health plan under this
title that does not, as part of such plan, provide health
benefits coverage under the State's medicaid program under
title XIX.
``(3) Monitoring and report from gao.--The Comptroller
General of the United States shall monitor the audits conducted
under this subsection and, not later than March 1 of each
fiscal year after a fiscal year in which an audit is conducted
under this subsection, shall submit a report to Congress on the
results of the audit conducted during the prior fiscal year.''.
SEC. 7. COORDINATION OF DATA COLLECTION WITH DATA REQUIREMENTS UNDER
THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.
Subparagraphs (C)(ii) and (D)(ii) of section 506(a)(2) of the
Social Security Act (42 U.S.C. 706(a)(2)) are each amended by inserting
``or the State plan under title XXI'' after ``title XIX''.
SEC. 8. COORDINATION OF DATA SURVEYS AND REPORTS.
The Secretary of Health and Human Services, through the Assistant
Secretary for Planning and Evaluation, shall establish a clearinghouse
for the consolidation and coordination of all Federal data bases and
reports regarding children's health. | Directs the Secretary to establish a clearinghouse for the consolidation and coordination of all Federal data bases and reports regarding children's health.
Makes necessary appropriations. | {"src": "billsum_train", "title": "CHIP Data and Evaluation Improvement Act of 1999"} | 2,327 | 36 | 0.48624 | 1.15987 | 0.270597 | 5.965517 | 71.241379 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Family Privacy Act of
1997''.
SEC. 2. RESTRICTIONS ON PROVISION OF ACCESS TO SOCIAL SECURITY ACCOUNT
STATEMENT INFORMATION, PERSONAL EARNINGS AND BENEFITS
ESTIMATE STATEMENT INFORMATION, OR TAX RETURN INFORMATION
OF AN INDIVIDUAL.
(a) Prohibition Against Making Certain Information Available
Through the Internet.--No Federal officer or employee may make
available through the Internet a social security account statement (or
information contained in such a statement), a personal earnings and
benefits estimate statement (or information contained in such a
statement), a tax return, or tax return information of an individual.
(b) Restriction on Access Without Written Consent of Individual.--
No Federal officer or employee may make available to a member of the
public a social security account statement (or information contained in
such a statement), a personal earnings and benefits estimate statement
(or information contained in such a statement), a tax return, or tax
return information of an individual without the written consent of such
individual.
SEC. 3. COMMISSION ON PRIVACY OF GOVERNMENT RECORDS.
(a) Establishment of Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Commission on Privacy of Government Records''
(in this Act referred to as the ``Commission'').
(2) Composition.--The Commission shall be composed of 9
members appointed as follows:
(A) Five members appointed by the President.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) Two members appointed by the majority leader of
the Senate.
(3) Initial appointments.--Each member of the Commission
shall be appointed to the Commission not later than 60 days
after the date of the enactment of this Act.
(4) Chairman.--There shall be a Chairman of the Commission
who shall be designated by the President at the time of the
appointment.
(5) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(6) Vacancies.--Any vacancy shall be filled in the same
manner as the original appointment of a member of the
Commission.
(b) Functions of Commission.--The Commission shall investigate--
(1) the protection and privacy afforded by the Federal
Government to the tax information (including any tax return and
tax return information), social security information (including
any social security account statement and personal earnings and
benefits estimate statement), and other personal and
confidential information with respect to individuals contained
in Government records and documents; and
(2) procedures and mechanisms through which an individual
may be provided access to such information with respect to the
individual without jeopardizing the privacy of the individual.
(c) Report.--Not later than April 15, 1998, the Commission shall
submit to the President and the Congress a report containing a detailed
statement of the Commission's findings and conclusions and the
Commission's recommendations for administrative and legislative action.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The
Commission may administer oaths to witnesses appearing before it.
(2) Obtaining information.--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 Chairman of the Commission, the head of that
department or agency shall furnish that information to the
Commission in a full and timely manner.
(3) Immunity.--The Commission is an agency of the United
States for purposes of part V of title 18, United States Code
(relating to immunity of witnesses).
(4) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5).
(e) Commission Procedures.--
(1) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
(2) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(3) Delegation of authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action that the Commission is authorized to take by this Act.
(f) Personnel Matters.--
(1) Pay of members.--(A) Except as provided in paragraph
(2), members shall each be entitled to receive the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code for each day (including travel time) during
which they are engaged in the actual performance of duties
vested in the Commission.
(B) Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(3) Staff.--(A) The Commission may, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff
director and such additional personnel as may be necessary to
enable the Commission to perform its duties.
(B) The Commission may fix the pay of the staff director
and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay 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.
(g) Other Administrative Provisions.--
(1) 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.
(2) Experts and consultants.--The Commission 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.
(4) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(h) Termination of Commission.--The Commission shall terminate not
later than 60 days after submitting its report to the President and the
Congress pursuant to subsection (c). | American Family Privacy Act of 1997 - Prohibits a Federal officer or employee from making available a social security account statement (or information contained in such a statement), a personal earnings and benefits estimate statement (or information contained in such a statement), a tax return, or tax return information of an individual: (1) through the Internet; or (2) without the individual's written consent, to a member of the public.
Establishes the Commission on Privacy of Government Records to investigate: (1) the protection and privacy afforded by the Federal Government to the tax information (including any tax return and tax return information), social security information (including any social security account statement and personal earnings and benefits estimate statement), and other personal and confidential information with respect to individuals contained in Government records and documents; and (2) procedures and mechanisms through which an individual may be provided access to such information with respect to the individual without jeopardizing the individual's privacy. | {"src": "billsum_train", "title": "American Family Privacy Act of 1997"} | 1,636 | 199 | 0.689779 | 1.963539 | 0.800507 | 7.931937 | 7.863874 | 0.979058 |
SECTION 1. INFERTILITY BENEFITS.
(a) Federal Employee Health Benefits Plans.--Section 8904 of title
5, United States Code, is amended by adding at the end the following:
``(c)(1) Each health benefits plan described by section 8903 or
8903a which provides obstetrical benefits shall also provide coverage
for the diagnosis and treatment of infertility, including
nonexperimental assisted reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth; or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(6) The Office shall prescribe any regulations necessary to carry
out this subsection.''.
(b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1110a. Obstetrical and infertility benefits
``(a)(1) Any health care plan under this chapter which provides
obstetrical benefits shall also provide coverage for the diagnosis and
treatment of infertility, including nonexperimental assisted
reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(b) The Secretary of Defense shall prescribe any regulations
necessary to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1110a. Obstetrical and infertility benefits.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
contracts entered into or renewed for any year beginning after the end
of the 6-month period beginning on the date of enactment of this Act. | Amends Federal laws concerning civilian and military health care to require any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. | {"src": "billsum_train", "title": "To amend chapter 89 of title 5, United States Code, and chapter 55 of title 10, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility."} | 2,146 | 73 | 0.537158 | 1.238943 | 1.014284 | 2.859649 | 33.070175 | 0.824561 |
SECTION 1. PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of such Act
(42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of such Act
(42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which any of the
following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with whichever of the following months is the earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(y)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Notwithstanding section 204(d), such benefit for such month
shall be payable only to a person who is determined by the Secretary to
be the surviving spouse of the deceased individual.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after 180 days after the date of the enactment of this Act. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies to the recipient's surviving spouse, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month."} | 2,055 | 80 | 0.495405 | 1.255185 | -0.184526 | 1.984848 | 25.575758 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Transportation and Mobility
Improvement Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to projections from the 2010 decennial
census, the number of individuals in the United States who are
65 years of age or older will increase from 40,000,000 in 2010
to 72,000,000 in 2030. Yet, a 2004 report by the Surface
Transportation Policy Project found that more than 1 in 5 (or
21 percent) of individuals who are 65 years of age or older do
not drive.
(2) According to a 2011 report by the National Association
of Area Agencies on Aging, inadequate transportation options
for older adults has emerged as the second greatest challenge
identified by communities during the 5-year period ending in
2011.
(3) According to a 2004 report by the Surface
Transportation Policy Project, more than \1/2\ of seniors who
are 65 years of age and older (numbering 3,600,000 individuals)
who no longer drive due to a decline in health, stay at home on
any given day partially because they lack transportation
options. Alternatives to driving are particularly sparse in
some regions and in rural and small town communities.
(4) According to a 2004 report by the Surface
Transportation Policy Project, compared with older drivers,
older non-drivers in the United States make 15 percent fewer
trips to the doctor, 59 percent fewer shopping trips, and 65
percent fewer trips for social, family, and religious
activities.
(5) In 2009, the program under section 5310 of title 49,
United States Code, provided more than 43,000,000 rides to
older adults and people with disabilities.
(6) Access to mobility management services help transit and
human services systems meet the needs of older adults and
people with disabilities. This person-centered strategy helps
individuals and families review available transportation
options and support their decisions regarding the
transportation options that are best suited to their
circumstances, preferences and mobility needs.
SEC. 3. PUBLIC TRANSPORTATION SERVICES FOR ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) Elderly Individuals and Individuals With Disabilities.--
(1) Use of funds.--Section 5310 of title 49, United States
Code, is amended by adding at the end the following:
``(i) Operating Costs.--
``(1) Definition.--In this subsection, the term `covered
amounts' means, for a fiscal year, any amounts apportioned to a
State under this section in excess of the amounts apportioned
to the State under this section for fiscal year 2010.
``(2) Use of funds.--A State may use not more than 33
percent of any covered amounts for costs relating to the
operation and maintenance of vehicles and other capital assets
acquired by the State using funds under this section, including
insurance, fuel, and driver compensation.
``(3) Federal share.--The Federal share of the cost of
operation and maintenance carried out using funds under this
subsection may not exceed 50 percent.''.
(2) Additional requirements for grant recipients.--Section
5310(d) of title 49, United States Code, is amended by adding
at the end the following:
``(3) Reporting requirements.--Each recipient of funding
under this section shall submit to the Administrator of the
Federal Transit Administration an annual report that describes
how the recipient will coordinate, or is coordinating, the
activities carried out by the recipient using a grant under
this section with the activities, if any, carried out by the
recipient using a grant under title III of the Older Americans
Act of 1965 (42 U.S.C. 3021 et seq.).''.
(3) Federal share.--Section 5310(c)(1)(B) of title 49,
United States Code, is amended--
(A) by striking ``(B) Exception.--A State'' and
inserting the following:
``(B) Exceptions.--
``(i) Certain states.--A State''; and
(B) by adding at the end the following:
``(ii) Mobility management.--A grant under
this section for a capital project described in
section 5302(a)(1)(L) shall be for 90 percent
of the capital costs of the project, as
determined by the Secretary.''.
(b) National Transit Database.--Section 5335 of title 49, United
States Code, is amended--
(1) in subsection (b), by striking ``section 5307 or 5311''
and inserting ``section 5307, 5310, or 5311''; and
(2) by adding at the end the following:
``(c) Data Relating to Sections 5310 and 5311.--The reporting and
uniform systems established under subsection (a) shall include
information with respect to activities carried out using a grant under
section 5310 or 5311, including, for each recipient of a grant under
section 5310 or 5311 and for each State--
``(1) the number of vehicles purchased; and
``(2) the number of rides provided.''.
SEC. 4. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 5303(i) of title
49, United States Code, is amended by adding at the end the following:
``(8) Participation by older individuals and people with
disabilities.--
``(A) Definitions.--In this paragraph, the terms
`disability' and `older individual' have the same
meanings as in section 102 of the Older Americans Act
of 1965 (42 U.S.C. 3002).
``(B) Participation required.--In developing a
transportation plan under this section, a metropolitan
planning organization shall--
``(i) ensure that organizations that
represent older individuals and individuals
with disabilities (including community action
agencies, area agencies on aging, aging and
disability resource centers, and other
representatives of the aging and disability
networks) have a reasonable opportunity to
comment on the transportation plan and document
the efforts of the metropolitan planning
organization to solicit such comments;
``(ii) take into consideration any comments
received under clause (i) and document how any
such comments were taken into consideration in
the development of the transportation plan; and
``(iii) give organizations that represent
older individuals and individuals with
disabilities (including community action
agencies, area agencies on aging, aging and
disability resource centers, and other
representatives of the aging and disability
networks) an opportunity to review and comment
on the transportation plan before the
transportation plan becomes final.''.
(b) Statewide Transportation Planning.--Section 5304 of title 49,
United States Code, is amended by adding at the end the following:
``(k) Participation by Older Individuals and People With
Disabilities.--
``(1) Definitions.--In this subsection, the terms
`disability' and `older individual' have the same meanings as
in section 102 of the Older Americans Act of 1965 (42 U.S.C.
3002).
``(2) Participation required.--In developing a statewide
transportation plan or a statewide transportation improvement
program under this section, a State shall--
``(A) ensure that organizations that represent
older individuals and individuals with disabilities
have a reasonable opportunity to comment on the plan or
program and document the efforts of the State to
solicit such comments;
``(B) take into consideration any comments received
under subparagraph (A) and document how any such
comments were taken into consideration in the
development of the plan or program; and
``(C) give organizations that represent older
individuals and individuals with disabilities an
opportunity to review and comment on the plan or
program before the plan or program becomes final.''.
SEC. 5. TECHNICAL ASSISTANCE AND MOBILITY MANAGEMENT.
(a) Technical Assistance.--
(1) Definition.--For purposes of this subsection--
(A) the term ``eligible entity'' means a nonprofit
organization that provides transportation services to
older individuals;
(B) the term ``older individual'' has the same
meaning as in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002); and
(C) the term ``urbanized area'' has the same
meaning as in section 5302 of title 49, United States
Code.
(2) In general.--The Administrator of the Federal Transit
Administration shall enter into a cooperative agreement with
the National Center on Senior Transportation--
(A) to provide technical assistance to transit and
human services organizations;
(B) to disseminate best practices with respect to
transportation for older individuals to consumers,
Federal, State, and local transportation and aging
services providers, and researchers; and
(C) to make grants to eligible entities to test
innovative and replicable approaches for addressing the
mobility needs of older individuals, including
individuals in other than urbanized areas.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $5,500,000 for fiscal year 2012; and
(B) $6,000,000 for fiscal year 2013.
(b) Mobility Management Program.--
(1) In general.--The Federal Transit Administration shall
make grants to nonprofit aging services organizations--
(A) to offer mobility management services,
including mobility management activities and projects
described in section 5302(a)(1)(L) of title 49, United
States Code; and
(B) to develop and implement enhanced technology to
support mobility management services.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $3,000,000 for fiscal year 2012; and
(B) $5,000,000 for fiscal year 2013. | Senior Transportation and Mobility Improvement Act of 2011 - Amends the program providing formula grants to states for the special public transportation needs of older individuals and the disabled to allow states to use a portion of those grants to operate and maintain the capital assets acquired under that program.
Sets the federal share of the costs of the mobility management activities such grants may cover at 90%. (Mobility management activities are designed to improve coordination among public and other transportation service providers.)
Requires the National Transit Database to include information on the public transportation formula grant program for older individuals and the disabled, and the public transportation formula grant program for nonurban areas.
Requires metropolitan planning organizations and states to involve older individuals and the disabled in metropolitan and statewide transportation planning.
Directs the Administrator of the Federal Transit Administration (FTA) to enter into a cooperative agreement with the National Center on Senior Transportation to: (1) provide technical assistance to transit and human services organizations, (2) disseminate best practices regarding transportation for older individuals, and (3) make grants to nonprofit organizations to test innovative and replicable approaches for addressing the mobility needs of older individuals.
Requires the FTA to make grants to nonprofit aging services organizations to offer mobility management services, and develop and implement enhanced technology to support those services. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to improve transportation for seniors, and for other purposes."} | 2,132 | 270 | 0.547108 | 1.572516 | 0.673505 | 2.616 | 7.808 | 0.872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. CONTINUING FUNDING.
(a) If any regular appropriation bill for fiscal year 1998 does not
become law prior to the beginning of fiscal year 1998 or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
program, project, or activity for which funds were provided in fiscal
year 1997.
(b) Appropriations and funds made available, and authority granted,
for a program, project, or activity for fiscal year 1998 pursuant to
this Act shall be at 100 per cent of the rate of operations that was
provided for the program, project, or activity in fiscal year 1997 in
the corresponding regular appropriation Act for fiscal year 1997.
(c) Appropriations and funds made available, and authority granted,
for fiscal year 1998 pursuant to this Act for a program, project, or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
(1) the date on which the applicable regular appropriation
bill for fiscal year 1998 becomes law (whether or not that law
provides for that program, project, or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
(2) the last day of fiscal year 1998.
SEC. 3. TERMS AND CONDITIONS.
(a) An appropriation of funds made available, or authority granted,
for a program, project, or activity for fiscal year 1998 pursuant to
this Act shall be made available to the extent and in the manner which
would be provided by the pertinent appropriations Act for fiscal year
1997, including all of the terms and conditions and the apportionment
schedule imposed with respect to the appropriation made or funds made
available for fiscal year 1997 or authority granted for the program,
project, or activity under current law.
(b) Appropriations made by this Act shall be available to the
extent and in the manner which would be provided by the pertinent
appropriations Act.
SEC. 4. COVERAGE.
Appropriations and funds made available, and authority granted, for
any program, project, or activity for fiscal year 1998 pursuant to this
Act shall cover all obligations or expenditures incurred for that
program, project, or activity during the portion of fiscal year 1998
for which this Act applies to that program, project, or activity.
SEC. 5. EXPENDITURES
Expenditures made for a program, project, or activity for fiscal
year 1998 pursuant to this Act shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of fiscal year 1998 providing for that program, project, or
activity for that period becomes law.
SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.
No appropriation or funds made available or authority granted
pursuant to this Act shall be used to initiate or resume any program,
project, or activity for which appropriations, funds, or other
authority were not available during fiscal year 1997.
SEC. 7. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this Act shall be construed to effect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, Medicaid, and veterans benefits.
SEC. 8. DEFINITION.
In this Act, the term ``regular appropriation bill'' means any
annual appropriation bill making appropriations, otherwise making funds
available, or granting authority, for any of the following categories
of programs, projects, and activities:
(1) Agriculture, rural development, and related agencies
programs.
(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
(6) The Departments of Veterans Affairs and Housing and
Urban Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related agencies.
(10) Military construction.
(11) The Department of Transportation and related agencies.
(12) The Treasury Department, the U.S. Postal Service, the
Executive Office of the President, and certain independent
agencies.
(13) The legislative branch. | Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1997) in the absence of regular appropriations for FY 1998. | {"src": "billsum_train", "title": "Government Shutdown Prevention Act"} | 1,041 | 43 | 0.567388 | 1.413261 | 0.75523 | 1.970588 | 29.176471 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supportive School Climate Act of
2015''.
SEC. 2. POSITIVE SCHOOL CLIMATE AND SCHOOL DISCIPLINE POLICIES.
(a) State Plans.--Section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Positive school climate and school discipline
policies.--In addition to the plan described in paragraph (1),
a State desiring to receive a grant under this part to support
positive behavioral interventions and support, shall submit to
the Secretary a plan that describes how the State educational
agency will--
``(A) coordinate with the local educational
agencies and schools served by the State educational
agency to implement positive, preventative approaches
to exclusionary discipline actions that promote a
positive school climate for all students and improve
engagement for disconnected youth, juvenile offenders,
and other students, while minimizing students' removal
from instruction and, if students are removed, upon
students' return to the instructional program,
maximizing students' opportunities to make up education
lost during the period of removal from instruction;
``(B) provide technical assistance and training to
local educational agencies to improve and support the
development, implementation, and coordination of
comprehensive positive behavioral interventions and
supports carried out under this Act with activities
carried out under the Individuals with Disabilities
Education Act;
``(C) evaluate the effects of providing positive
behavioral interventions and supports for all students,
including improvement of the learning environment,
academic achievement, disciplinary problems, such as
incidents of suspensions, expulsions, referrals to law
enforcement, and other actions that remove students
from instruction, and any other effects the State
chooses to evaluate;
``(D) ensure all students are on track to be
college and career ready by promoting student
engagement, and preventing dropout;
``(E) ensure involvement of students in the
criminal or juvenile justice system is avoided when
addressing minor misbehavior such as non-threatening,
non-violent, and non-criminal misbehavior;
``(F) through preventative and alternative
approaches, reduce out-of-school suspensions, in-school
suspensions, expulsions, referrals to law enforcement,
school-based arrests, and exclusionary discipline
practices that remove students from instruction and,
upon students' return to the educational program,
maximize students' opportunities to make up education
lost during the period of removal from instruction;
``(G) in coordination with the State department of
corrections or a similar agency, ensure re-entering
juvenile offenders receive referrals to a local
educational agency and provide that, for any juvenile
who commits an offense subject to school expulsion and
is subsequently committed to a detention center, secure
facility, or any other residential placement within the
juvenile or adult criminal justice system for such
offense, the period of expulsion shall run concurrently
with the period of commitment to the detention center,
secure facility, or other residential placement;
``(H) ensure that school discipline policies are in
compliance with applicable civil rights laws, are
procedurally fair, and practices are applied equally to
all students regardless of their economic status,
English learner status, race, ethnicity, national
origin, religion, or sex, including gender identity,
and ensure that school discipline policies meet the
requirements of section 504 of the Rehabilitation Act
of 1973, title II of the Americans with Disabilities
Act of 1990, the Individuals with Disabilities
Education Act, and implementing regulations of such
section, title, and Act, and that the disciplinary
policies and practices are applied in a manner that
complies with the equal opportunity requirements of
section 504 of the Rehabilitation Act of 1973, title II
of the Americans with Disabilities Act of 1990, the
Individuals with Disabilities Education Act, and
implementing regulations of such section, title, and
Act; and
``(I) in coordination with local educational
agencies and schools, provide annual and public
reporting on, in the aggregate, in-school suspensions,
out-of-school suspensions, expulsions, referrals to law
enforcement, school-based arrests, and disciplinary
transfers (including placements in alternative schools)
in the State (disaggregated by each category of
students described in subsection (b)(2)(C)(v), except
that such disaggregation shall not be required in a
case in which the number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual
student).''; and
(2) in subsection (h)(6)(B)--
(A) in clause (i), by striking ``and'' after the
semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the number of incidences of school
violence, bullying, drug abuse, alcohol abuse,
in-school student suspensions, out-of-school
student suspensions, expulsions, referrals to
law enforcement, school-based arrests,
disciplinary transfers (including placements in
alternative schools), and student detentions,
disaggregated by each category of students
described in subsection (b)(2)(C)(v) for each
such type of incident.''.
(b) Local Educational Agency Plans.--Section 1112(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1))
is amended--
(1) in subparagraph (P), by striking ``and'' after the
semicolon;
(2) in subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(R) where appropriate, a description of how the
local educational agency will support positive behavior
interventions and supports by--
``(i) establishing parental notification
requirements for out-of-school suspensions, in-
school suspensions, expulsions, school-based
arrests, referrals to law enforcement, and
exclusionary discipline practices that remove
students from instruction, in accordance with
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) (commonly known as the
`Family Educational Rights and Privacy Act of
1974');
``(ii) establishing systems to engage
families and community members with the school
in meaningful and sustained ways, such as
through case management services and mentoring
to promote positive student academic
achievement, developmental, and social
emotional growth, including non-cognitive skill
development; and
``(iii) establishing best practices for a
school conduct and discipline code, that--
``(I) protects students and staff
from harm;
``(II) provides constructive
opportunities for students to learn
from their mistakes rather than exclude
them from the learning community;
``(III) fosters a positive learning
community by providing a continuum of
interventions, supports, and strategies
within a tiered prevention framework;
``(IV) keeps students in school;
and
``(V) shows mindful consideration
of negative impacts that may have
occurred as a result of involvement
with the criminal justice system.''.
(c) Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or at Risk of Dropping Out.--Part D of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421
et seq.) is amended--
(1) in section 1414--
(A) in subsection (a)(2)--
(i) in subparagraph (B), by striking
``and'' after the semicolon;
(ii) in subparagraph (C)(iv), by striking
the period at the end and inserting ``; and'';
and
(iii) by adding at the end the following:
``(D) provide assurances that the State educational
agency has established--
``(i) procedures to ensure that each
student who has been placed in the juvenile
justice system is promptly re-enrolled in
secondary school or placed in a re-entry
program that best meets the education and
social needs of the student;
``(ii) procedures for facilitating the
transfer of credits that such student earned
during placement; and
``(iii) opportunities for such student to
participate in postsecondary and career
pathways.''; and
(B) in subsection (c)(9)--
(i) by striking ``encourage'' and inserting
``require, to the extent practicable,'';
(ii) by inserting ``and following'' after
``youth prior to''; and
(iii) by inserting ``and that transition
plans are in place'' before the semicolon at
the end;
(2) in section 1416(4), by inserting ``and the development
and implementation of transition plans'' before the semicolon
at the end;
(3) in section 1423--
(A) by striking paragraph (4) and inserting the
following:
``(4) a description of the activities that the local
educational agency will carry out to facilitate the successful
transition of children and youth in locally operated
institutions for neglected and delinquent children and other
correctional institutions into schools served by the local
education agency or, as appropriate, into career and technical
education and postsecondary education programs, including
support services to help ensure the success of those children
and youth after leaving an institution, such as--
``(A) personal, career, and academic counseling;
``(B) placement services designed to place those
youth in a university, college, or community college
program, including academic evaluations;
``(C) information concerning, and assistance in
obtaining, available student financial aid; and
``(D) job placement services;''; and
(B) by striking paragraph (10) and inserting the
following:
``(10) as appropriate, a description of how the local
educational agency will address the needs of children and youth
who return from institutions for neglected and delinquent
children and youth or from other correctional institutions and
attend regular or alternative schools;'';
(4) in section 1425--
(A) in paragraph (10), by striking ``and'' after
the semicolon;
(B) in paragraph (11), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(12) develop an initial educational services transition
plan for each child or youth served under this subpart upon
entry into the correctional facility, in partnership with the
child's or youth's family members and the local educational
agency that most recently provided services to the child or
youth (if applicable), consistent with section 1414(a)(1); and
``(13) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge from that
facility, to coordinate educational services so as to minimize
disruption to the child's or youth's achievement.''; and
(5) by striking section 1426 and inserting the following:
``SEC. 1426. ACCOUNTABILITY.
``The State educational agency--
``(1) shall require correctional facilities or institutions
for neglected or delinquent children and youth to annually
report on the number of children and youth released from the
correctional facility or institution who returned or did not
return to school, the number of children and youth obtaining a
high school diploma or its recognized equivalent, and the
number of children and youth obtaining employment; and
``(2) may require correctional facilities or institutions
for neglected and delinquent children and youth to demonstrate,
after receiving assistance under this subpart for 3 years, that
there has been an increase in the number of children and youth
returning to school, obtaining a high school diploma or its
recognized equivalent, or obtaining employment after such
children and youth are released.''.
(d) National Program for Technical Assistance.--Section 4121 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131) is
amended by adding at the end the following:
``(c) National Program for Technical Assistance.--From funds made
available to carry out this subpart, not more than 5 percent shall be
made available to the Secretary to provide technical assistance to
State chief executive officers, State agencies, local educational
agencies and other recipients of funding under this part to support
these entities in achieving the goals and outcomes described in this
part. Such activities for technical assistance may include developing
comprehensive, evidence-based professional development and training
program for relevant school staff and contractors to improve school
safety and climate for students and staff that may include--
``(1) implementation of a schoolwide, multi-tiered system
of behavioral support, with a continuum of interventions and
supports to address the needs of all students;
``(2) effective classroom management strategies that
recognize appropriate behavior and provide developmentally
appropriate conflict resolution practices, incident de-
escalation techniques and data-based decisionmaking;
``(3) crisis management techniques;
``(4) effective strategies for asserting authority with
adolescents that recognize age-appropriate behavior and provide
developmentally-appropriate responses;
``(5) training in prevention of racial bias and culturally
responsive pedagogy, and training on how a student's disability
can affect the student's behavior, in accordance with title II,
the Individuals with Disabilities Education Act, and section
504 of the Rehabilitation Act of 1973;
``(6) trauma-informed approaches and interventions, with
particular attention to recognizing the signs of trauma ;
``(7) for schools in need of improvement with high or
significantly disparate disciplinary rates based on race,
ethnicity, sex (including gender identity), disability,
providing technical assistance and support to identify the root
causes of such rates or disparities through diagnostic analysis
of data or assessing schoolwide discipline issues, and
implementing evidence-based practices to reduce such rates or
disparities;
``(8) developing, implementing, and evaluating
comprehensive programs and activities, in coordination with
other schools and community-based services and programs, rooted
in holistic and positive approaches, that encompasses a
`strategy or framework' based on positive discipline strategies
that limit the use and scope of exclusionary discipline
strategies; and
``(9) developing guidelines regarding the use of law
enforcement in a school setting, and, in particular,
distinguishing between incidents to be handled by educators and
those to be handled by law enforcement officers.''. | Supportive School Climate Act of 2015 Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require each state that wants to use a part A grant to provide students with positive behavioral interventions and support to submit a plan to the Secretary of Education that describes specified steps it will take to: (1) create a positive school climate for all students, (2) improve engagement for disconnected youths, (3) create disciplinary policies that are fair and work to keep students in school, and (4) enable those who are removed from school to resume their education upon returning to school. Requires each school receiving school improvement funds to provide parents with the number of incidents, disaggregated by specified student subgroups, of school violence, bullying, drug abuse, alcohol abuse, and certain disciplinary actions involving its students. Requires the school improvement plan of each local educational agency (LEA) to describe how the LEA will support positive behavior interventions and supports by: (1) establishing parental notification requirements for specified disciplinary actions that remove students from instruction, (2) establishing systems to engage families and community members with the school in meaningful and sustained ways, and (3) establishing best practices for a school conduct and discipline code that: protects students and staff from harm; provides students with constructive opportunities to learn from their mistakes without being excluded from school; fosters a positive learning community by providing a continuum of interventions, supports, and strategies within a tiered prevention framework; keeps students in school; and shows mindful consideration of the negative impacts that may result from a student's involvement with the criminal justice system. Amends part D (Prevention and Intervention Programs for Children and Youth Who are Neglected, Delinquent, or At-Risk) of title I of the ESEA to require states applying for part D grants to establish: procedures to ensure that students who have been placed in the juvenile justice system are promptly re-enrolled in secondary school or placed in the re-entry programs that best meet their educational and social needs, procedures to facilitate the transfer of the credits that such students earn during placement, and opportunities for such students to participate in postsecondary and career pathways. Requires LEAs receiving part D subgrants to describe the activities they will undertake to facilitate the transition of youths from the juvenile justice system into their schools or, as appropriate, into postsecondary and career and technical education programs. Requires correctional facilities receiving part D funds to: (1) develop an initial educational services transition plan for entering youths, and (2) consult with LEAs upon a youth's discharge to coordinate educational services so as to minimize disruption to the youth's achievement. Requires the Secretary, under part A (Safe and Drug-Free Schools and Communities) of title IV of the ESEA, to provide to states, LEAs, and other recipients of part A funding technical assistance for activities that may include developing comprehensive, evidence-based professional development and training programs for relevant school staff and contractors to improve school safety and climate for students and staff. | {"src": "billsum_train", "title": "Supportive School Climate Act of 2015"} | 3,187 | 655 | 0.684631 | 2.220938 | 0.734205 | 3.209732 | 5.120805 | 0.904362 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Consumer Assistance
Act''.
SEC. 2. GRANTS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall award grants to
States to enable such States to enter into contracts for the
establishment of consumer assistance programs designed to assist
consumers of health insurance in understanding their rights,
responsibilities and choices among health insurance products.
(b) Eligibility.--To be eligible to receive a grant under this
section a State shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a State plan that
describes--
(1) the manner in which the State will solicit proposals
for, and enter into a contract with, an entity eligible under
section 3 to serve as the health insurance consumer office for
the State; and
(2) the manner in which the State will ensure that advice
and assistance services for health insurance consumers are
coordinated through the office described in paragraph (1).
(c) Amount of Grant.--
(1) In general.--From amounts appropriated under section 5
for a fiscal year, the Secretary shall award a grant to a State
in an amount that bears the same ratio to such amounts as the
number of individuals within the State covered under a health
insurance plan (as determined by the Secretary) bears to the
total number of individuals covered under a health insurance
plan in all States (as determined by the Secretary). Any
amounts provided to a State under this section that are not
used by the State shall be remitted to the Secretary and
reallocated in accordance with this paragraph.
(2) Minimum amount.--In no case shall the amount provided
to a State under a grant under this section for a fiscal year
be less than an amount equal to .5 percent of the amount
appropriated for such fiscal year under section 5.
SEC. 3. ELIGIBILITY OF STATE ENTITIES.
To be eligible to enter into a contract with a State and operate as
the health insurance consumer office for the State under this Act, an
entity shall--
(1) be an independent, nonprofit entity with demonstrated
experience in serving the needs of health care consumers
(particularly low income and other consumers who are most in
need of consumer assistance);
(2) prepare and submit to the State a proposal containing
such information as the State may require;
(3) demonstrate that the entity has the technical,
organizational, and professional capacity to operate the health
insurance consumer office within the State;
(4) provide assurances that the entity has no real or
perceived conflict of interest in providing advice and
assistance to consumers regarding health insurance and that the
entity is independent of health insurance plans, companies,
providers, payers, and regulators of care; and
(5) demonstrate that, using assistance provided by the
State, the entity has the capacity to provide assistance and
advice throughout the State to public and private health
insurance consumers regardless of the source of coverage.
SEC. 4. USE OF FUNDS.
(a) By State.--A State shall use amounts received under a grant
under this Act to enter into a contract described in section 2(a) to
provide funds for the establishment and operation of a health insurance
consumer office.
(b) By Entity.--
(1) In general.--An entity that enters into a contract with
a State under this Act shall use amounts received under the
contract to establish and operate a health insurance consumer
office.
(2) Noncompliance.--If the State fails to enter into a
contract under subsection (a), the Secretary shall withhold
amounts to be provided to the State under this Act and use such
amounts to enter into the contract described in paragraph (1)
for the State.
(c) Activities of Office.--A health insurance consumer office
established under this Act shall--
(1) provide information to health insurance consumers
within the State relating to choice of health insurance
products and the rights and responsibilities of consumers and
insurers under such products;
(2) operate toll-free telephone hotlines to respond to
requests for information, advice or assistance concerning
health insurance in a timely and efficient manner;
(3) produce and disseminate educational materials
concerning health insurance consumer and patient rights;
(4) provide assistance and representation (in nonlitigative
settings) to individuals who desire to appeal the denial,
termination, or reduction of health care services, or the
refusal to pay for such services, under a health insurance
plan;
(5) make referrals to appropriate private and public
individuals or entities so that inquiries, problems, and
grievances with respect to health insurance can be handled
promptly and efficiently; and
(6) collect data concerning inquiries, problems, and
grievances handled by the office and disseminate a compilation
of such information to employers, health plans, health
insurers, regulatory agencies, and the general public.
(d) Availability of Services.--The office shall not discriminate in
the provision of services regardless of the source of the individual's
health insurance coverage or prospective coverage, including
individuals covered under employer-provided insurance, self-funded
plans, the medicare or medicaid programs under title XVIII or XIX of
the Social Security Act (42 U.S.C. 1395 and 1396 et seq.), or under any
other Federal or State health care program.
(e) Subcontracts.--An office established under this section may
carry out activities and provide services through contracts entered
into with 1 or more nonprofit entities so long as the office can
demonstrate that all of the requirements of this Act are met by the
office.
(f) Training.--
(1) In general.--An office established under this section
shall ensure that personnel employed by the office possess the
skills, expertise, and information necessary to provide the
services described in subsection (c).
(2) Contracts.--To meet the requirement of paragraph (1),
an office may enter into contracts with 1 or more nonprofit
entities for the training (both through technical and
educational assistance) of personnel and volunteers. To be
eligible to receive a contract under this paragraph, an entity
shall be independent of health insurance plans, companies,
providers, payers, and regulators of care.
(3) Limitation.--Not to exceed 7 percent of the amount
awarded to an entity under a contract under subsection (a) for
a fiscal year may be used for the provision of training under
this section.
(g) Administrative Costs.--Not to exceed 1 percent of the amount of
a block grant awarded to the State under subsection (a) for a fiscal
year may be used for administrative expenses by the State.
(h) Term.--A contract entered into under subsection (a) shall be
for a term of 3 years.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Health Care Consumer Assistance Act - Directs the Secretary of Health and Human Services to award grants to enable States to contract for the establishment of consumer assistance programs designed to assist consumers of health insurance in understanding their rights, responsibilities, and choices among health insurance products.
Prescribes guidelines for: (1) State grant eligibility; and (2) entities operating health insurance consumer offices for the State.
Authorizes appropriations. | {"src": "billsum_train", "title": "Health Care Consumer Assistance Act"} | 1,486 | 84 | 0.567776 | 1.33034 | 0.87479 | 3.716049 | 17.716049 | 0.901235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf
Transboundary Hydrocarbon Agreements Authorization Act''.
TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT
SEC. 101. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is
amended by adding at the end the following:
``SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS.
``(a) Authorization.--After the date of enactment of the Outer
Continental Shelf Transboundary Hydrocarbon Agreements Authorization
Act, the Secretary may implement the terms of any transboundary
hydrocarbon agreement for the management of transboundary hydrocarbon
reservoirs entered into by the President and approved by Congress. In
implementing such an agreement, the Secretary shall protect the
interests of the United States to promote domestic job creation and
ensure the expeditious and orderly development and conservation of
domestic mineral resources in accordance with all applicable United
States laws governing the exploration, development, and production of
hydrocarbon resources on the outer Continental Shelf.
``(b) Submission to Congress.--
``(1) In general.--No later than 180 days after all parties
to a transboundary hydrocarbon agreement have agreed to its
terms, a transboundary hydrocarbon agreement that does not
constitute a treaty in the judgment of the President shall be
submitted by the Secretary to--
``(A) the Speaker of the House of Representatives;
``(B) the Majority Leader of the Senate;
``(C) the Chair of the Committee on Natural
Resources of the House of Representatives; and
``(D) the Chair of the Committee on Energy and
Natural Resources of the Senate.
``(2) Contents of submission.--The submission shall
include--
``(A) any amendments to this Act or other Federal
law necessary to implement the agreement;
``(B) an analysis of the economic impacts such an
agreement and any amendments necessitated by the
agreement will have on domestic exploration,
development, and production of hydrocarbon resources on
the outer Continental Shelf; and
``(C) a detailed description of any regulations
expected to be issued by the Secretary to implement the
agreement.
``(c) Implementation of Specific Transboundary Agreement With
Mexico.--The Secretary may take actions as necessary to implement the
terms of the Agreement between the United States of America and the
United Mexican States Concerning Transboundary Hydrocarbon Reservoirs
in the Gulf of Mexico, signed at Los Cabos, February 20, 2012,
including--
``(1) approving unitization agreements and related
arrangements for the exploration, development, or production of
oil and natural gas from transboundary reservoirs or geological
structures;
``(2) making available, in the limited manner necessary
under the agreement and subject to the protections of
confidentiality provided by the agreement, information relating
to the exploration, development, and production of oil and
natural gas from a transboundary reservoir or geological
structure that may be considered confidential, privileged, or
proprietary information under law;
``(3) taking actions consistent with an expert
determination under the agreement; and
``(4) ensuring only appropriate inspection staff at the
Bureau of Safety and Environmental Enforcement or other Federal
agency personnel designated by the Bureau, the operator, or the
lessee have authority to stop work on any installation or other
device or vessel permanently or temporarily attached to the
seabed of the United States, which may be erected thereon for
the purpose of resource exploration, development or production
activities as approved by the Secretary.
``(d) Exemption From Resources Extraction Reporting Requirement.--
Actions taken by a public company in accordance with any transboundary
hydrocarbon agreement shall not constitute the commercial development
of oil, natural gas, or minerals for purposes of section 13(q) of the
Securities Exchange Act of 1934 (157 U.S.C. 78m(q)).
``(e) Savings Provisions.--Nothing in this section shall be
construed--
``(1) to authorize the Secretary to participate in any
negotiations, conferences, or consultations with Cuba regarding
exploration, development, or production of hydrocarbon
resources in the Gulf of Mexico along the United States
maritime border with Cuba or the area known by the Department
of the Interior as the `Eastern Gap'; or
``(2) as affecting the sovereign rights and the
jurisdiction that the United States has under international law
over the outer Continental Shelf which appertains to it.''.
TITLE II--APPROVAL OF TRANSBOUNDARY HYDROCARBON AGREEMENT
SEC. 201. APPROVAL OF AGREEMENT WITH MEXICO.
The Agreement between the United States of America and the United
Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the
Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby
approved.
Passed the House of Representatives June 27, 2013.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 6, 2013. Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act - Title I: Amendment to the Outer Continental Shelf Lands Act - (Sec. 101) Amends the Outer Continental Shelf Lands Act (OCSLA) to authorize the Secretary of the Interior to implement any agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. Prescribes procedures for submission of such agreements to Congress. Authorizes the Secretary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012 (the Agreement), including: (1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; (2) making available, subject to the agreement's confidentiality protections, information pertaining to such activities that may be considered confidential, privileged, or proprietary; and (3) ensuring that only the operator, lessee, or inspection staff at the Bureau of Safety and Environmental Enforcement have authority to stop work on such activities on any production site attached to the U.S. seabed. Exempts from resources extraction reporting requirements under the Securities Exchange Act of 1934 any actions taken by a public company in accordance with a transboundary hydrocarbon agreement. Prohibits this Act from being construed as: (1) authorizing the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the U.S. maritime border with Cuba (including the area known as the "Eastern Gap"); or (2) affecting U.S. sovereign rights and jurisdiction over the outer Continental Shelf which appertains to it. Title II: Approval of Transboundary Hydrocarbon Agreement - (Sec. 201) Approves the Agreement. | {"src": "billsum_train", "title": "Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act"} | 1,137 | 452 | 0.661033 | 2.041804 | 0.770643 | 5.371274 | 2.682927 | 0.905149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ponce de Leon Discovery of Florida
Quincentennial Commission Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Quincentennial of the founding of Florida by Ponce
de Leon occurs in 2013, 500 years after Ponce de Leon landed on
its shores and explored the Keys and the west coast of Florida;
(2) evidence supports the theory that Ponce de Leon was the
first European to land on the shores of Florida;
(3) Florida means ``the land of flowers'' and the State
owes its name to Ponce de Leon;
(4) Ponce de Leon's quest for the ``fountain of youth'' has
become an established legend which has drawn fame and
recognition to Florida and the United States;
(5) the discovery of Florida by Ponce de Leon, the myth of
the ``fountain of youth'', and the subsequent colonization of
Florida encouraged other European countries to explore the New
World and to establish settlements in the territory that is
currently the United States;
(6) Florida was colonized under 5 flags; and
(7) commemoration of the arrival in Florida of Ponce de
Leon and the beginning of the colonization of the Americas
would--
(A) enhance public understanding of the impact of
the discovery of Florida on the history of the United
States; and
(B) provide lessons about the importance of
exploration and discovery.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on the Quincentennial of the discovery of Florida by
Ponce de Leon established under section 4(a).
(2) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(3) Quincentennial.--The term ``Quincentennial'' means the
500th anniversary of the discovery of Florida by Ponce de Leon.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on the Quincentennial of the discovery of
Florida by Ponce de Leon''.
(b) Duties.--The Commission shall plan, encourage, coordinate, and
conduct the commemoration of the Quincentennial.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, including--
(A) 2 members, to be appointed by the President, on
the recommendation of the Majority Leader and the
Minority Leader of the Senate;
(B) 2 members, to be appointed by the President, on
the recommendation of the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives; and
(C) 4 members, to be appointed by the President,
taking into consideration the recommendations of the
Governor, the Director of the National Park Service,
and the Secretary of the Smithsonian Institution.
(2) Criteria.--A member of the Commission shall be chosen
from among individuals that have demonstrated a strong sense of
public service, expertise in the appropriate professions,
scholarship, and abilities likely to contribute to the
fulfillment of the duties of the Commission.
(3) Date of appointments.--Not later than 60 days after the
date of enactment of this Act, the members of the Commission
described in paragraph (1) shall be appointed.
(d) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancy.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(f) Meetings.--The Commission shall meet annually at the call of
the co-chairpersons described under subsection (h).
(g) Quorum.--A quorum of the Commission for decision making
purposes shall be 5 members, except that a lesser number of members, as
determined by the Commission, may conduct meetings.
(h) Co-chairpersons.--The President shall designate 2 of the
members of the Commission as co-chairpersons of the Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan and develop activities appropriate to commemorate
the Quincentennial including a limited number of proposed
projects to be undertaken by the appropriate Federal
departments and agencies that commemorate the Quincentennial by
seeking to harmonize and balance the important goals of
ceremony and celebration with the equally important goals of
scholarship and education;
(2) consult with and encourage appropriate Federal
departments and agencies, State and local governments, Indian
tribal governments, elementary and secondary schools, colleges
and universities, foreign governments, and private
organizations to organize and participate in Quincentennial
activities commemorating or examining--
(A) the history of Florida;
(B) the discovery of Florida;
(C) the life of Ponce de Leon;
(D) the myths surrounding Ponce de Leon's search
for gold and for the ``fountain of youth'';
(E) the exploration of Florida; and
(F) the beginnings of the colonization of North
America; and
(3) coordinate activities throughout the United States and
internationally that relate to the history and influence of the
discovery of Florida.
(b) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
President and the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives a comprehensive report that includes specific
recommendations for--
(A) the allocation of financial and administrative
responsibility among participating entities and persons
with respect to commemoration of the Quincentennial;
and
(B) the commemoration of the Quincentennial and
related events through programs and activities,
including--
(i) the production, publication, and
distribution of books, pamphlets, films,
electronic publications, and other educational
materials focusing on the history and impact of
the discovery of Florida on the United States
and the world;
(ii) bibliographical and documentary
projects, publications, and electronic
resources;
(iii) conferences, convocations, lectures,
seminars, and other programs;
(iv) the development of programs by and for
libraries, museums, parks and historic sites,
including international and national traveling
exhibitions;
(v) ceremonies and celebrations
commemorating specific events;
(vi) the production, distribution, and
performance of artistic works, and of programs
and activities, focusing on the national and
international significance of the discovery of
Florida; and
(vii) the issuance of commemorative coins,
medals, certificates of recognition, and
stamps.
(2) Annual report.--The Commission shall submit an annual
report that describes the activities, programs, expenditures,
and donations of or received by the Commission to--
(A) the President; and
(B) the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the
House of Representatives.
(3) Final report.--Not later than December 31, 2013, the
Commission shall submit a final report that describes the
activities, programs, expenditures, and donations of or
received by the Commission to--
(A) the President; and
(B) the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the
House of Representatives.
(c) Assistance.--In carrying out this Act, the Commission shall
consult, cooperate with, and seek advice and assistance from
appropriate Federal departments and agencies, including the Department
of the Interior.
(d) Coordination of Activities.--In carrying out the duties of the
Commission, the Commission, in consultation with the Secretary of
State, may coordinate with the Government of Spain and political
subdivisions in Spain for the purposes of exchanging information and
research and otherwise involving the Government of Spain, as
appropriate, in the commemoration of the Quincentennial.
SEC. 6. POWERS OF THE COMMISSION.
(a) In General.--The Commission may provide for--
(1) the preparation, distribution, dissemination,
exhibition, and sale of historical, commemorative, and
informational materials and objects that will contribute to
public awareness of, and interest in, the Quincentennial,
except that any commemorative coin, medal, or postage stamp
recommended to be issued by the United States shall be sold
only by a Federal department or agency;
(2) competitions and awards for historical, scholarly,
artistic, literary, musical, and other works, programs, and
projects relating to the Quincentennial;
(3) a Quincentennial calendar or register of programs and
projects;
(4) a central clearinghouse for information and
coordination regarding dates, events, places, documents,
artifacts, and personalities of Quincentennial historical and
commemorative significance; and
(5) the design and designation of logos, symbols, or marks
for use in connection with the commemoration of the
Quincentennial and shall establish procedures regarding their
use.
(b) Advisory Committee.--The Commission may appoint such advisory
committees as the Commission determines necessary to carry out the
purposes of this Act.
SEC. 7. ADMINISTRATION.
(a) Location of Office.--
(1) Principal office.--The principal office of the
Commission shall be in St. Augustine, Florida.
(2) Satellite office.--The Commission may establish a
satellite office in Washington, D.C.
(b) Staff.--
(1) Appointment of director and deputy director.--
(A) In general.--The co-chairpersons, with the
advice of the Commission, may appoint and terminate a
director and deputy director without regard to the
civil service laws (including regulations).
(B) Delegation to director.--The Commission may
delegate such powers and duties to the director as may
be necessary for the efficient operation and management
of the Commission.
(2) Staff paid from federal funds.--The Commission may use
any available Federal funds to appoint and fix the compensation
of not more than 4 additional personnel staff members, as the
Commission determines necessary.
(3) Staff paid from non-federal funds.--The Commission may
use any available non-Federal funds to appoint and fix the
compensation of additional personnel.
(4) Compensation.--
(A) Members.--
(i) In general.--A member of the Commission
shall serve without compensation.
(ii) Travel expenses.--A member of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5,
United States Code, while away from the home or
regular place of business of the member in the
performance of the duties of the Commission.
(B) Staff.--
(i) In general.--The co-chairpersons of the
Commission may fix the compensation of the
director, deputy director, and other personnel
without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5,
United States Code, relating to classification
of positions and General Schedule pay rates.
(ii) Maximum rate of pay.--
(I) Director.--The rate of pay for
the director shall not exceed the rate
payable for level IV of the Executive
Schedule under section 5315 of title 5,
United States Code.
(II) Deputy director.--The rate of
pay for the deputy director shall not
exceed the rate payable for level V of
the Executive Schedule under section
5316 of title 5, United States Code.
(III) Staff members.--The rate of
pay for staff members appointed under
paragraph (2) shall not exceed the rate
payable for grade GS-15 of the General
Schedule under section 5332 of title 5,
United States Code.
(c) Detail of Federal Government Employees.--
(1) In general.--On request of the Commission, the head of
any Federal agency or department may detail any of the
personnel of the agency or department to the Commission to
assist the Commission in carrying out this Act.
(2) Reimbursement.--A detail of personnel under this
subsection shall be without reimbursement by the Commission to
the agency from which the employee was detailed.
(3) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(d) Other Revenues and Expenditures.--
(1) In general.--The Commission may procure supplies,
services, and property, enter into contracts, and expend funds
appropriated, donated, or received to carry out contracts.
(2) Donations.--
(A) In general.--The Commission may solicit,
accept, use, and dispose of donations of money,
property, or personal services.
(B) Limitations.--Subject to subparagraph (C), the
Commission shall not accept donations--
(i) the value of which exceeds $50,000
annually, in the case of donations from an
individual; or
(ii) the value of which exceeds $250,000
annually, in the case of donations from a
person other than an individual.
(C) Nonprofit organization.--The limitations in
subparagraph (B) shall not apply in the case of an
organization that is--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(ii) exempt from taxation under section
501(a) of the Internal Revenue Code of 1986.
(3) Acquired items.--Any book, manuscript, miscellaneous
printed matter, memorabilia, relic, and other material or
property relating to the time period of the discovery of
Florida acquired by the Commission may be deposited for
preservation in national, State, or local libraries, museums,
archives, or other agencies with the consent of the depositary
institution.
(e) Postal Services.--The Commission may use the United States mail
to carry out this Act in the same manner and under the same conditions
as other agencies of the Federal Government.
(f) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines to be necessary.
SEC. 8. STUDY.
The Secretary of the Interior shall--
(1) in accordance with section 8(c) of Public Law 91-383
(16 U.S.C. 1a-5(c)), conduct a study to assess the suitability
and feasibility of designating an area in the State of Florida
as a unit of the National Park System to commemorate the
discovery of Florida by Ponce de Leon; and
(2) not later than 3 years after the date on which funds
are made available to carry out the study, submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report
that describes--
(A) the findings of the study; and
(B) any conclusions and recommendations of the
Secretary of the Interior with respect to the study.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to carry out the purposes of this Act $250,000 for each
of fiscal years 2005 through 2013.
(b) Availability of Funds.--Amounts appropriated under this section
for any fiscal year shall remain available until December 31, 2013.
SEC. 10. TERMINATION OF AUTHORITY.
The authority provided by this Act terminates effective December
31, 2013. | Ponce de Leon Discovery of Florida Quincentennial Commission Act - Establishes the National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon to plan, encourage, coordinate, and conduct the commemoration of the quincentennial (500th anniversary) of the discovery of Florida by the Spanish explorer Ponce de Leon.
Directs the Commission to: (1) plan and develop activities for commemorating the Quincentennial; (2) consult with public and private agencies to organize and participate in Quincentennial activities; and (3) coordinate activities throughout the United States and internationally that relate to the history and influence of such discovery. | {"src": "billsum_train", "title": "To establish a National Commission on the Quincentennial of the discovery of Florida by Ponce de Leon."} | 3,391 | 137 | 0.740036 | 2.192327 | 0.776042 | 5.469565 | 27.452174 | 0.965217 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Department of Energy University Nuclear
Science and Engineering Act''.
SEC. 2. FINDINGS
The Congress finds the following:
(1) U.S. university nuclear science and engineering
programs are in a state of serious decline. The supply of
bachelor degree nuclear science and engineering personnel in
the United States is at a 35-year low. The number of four year
degree nuclear engineering programs has declined 50 percent to
approximately 25 programs nationwide. Over two-thirds of the
faculty in these programs are 45 years or older.
(2) Universities cannot afford to support their research
and training reactors. Since 1980, the number of small training
reactors in the United States have declined by over 50 percent
to 28 reactors. Most of these reactors were built in the late
1950s and 1960s with 30- to 40-year operating licenses, and
will require re-licensing in the next several years.
(3) The neglect in human investment and training
infrastructure is affecting 50 years of national R&D
investment. The decline in a competent nuclear workforce, and
the lack of adequately trained nuclear scientists and
engineers, will affect the ability of the United States to
solve future waste storage issues, maintain basic nuclear
health physics programs, operate existing fission reactors in
the United States, respond to future nuclear events worldwide,
help stem the proliferation of nuclear weapons, and design and
operate naval nuclear reactors.
(4) Further neglect in the nation's investment in human
resources for the nuclear sciences will lead to a downward
spiral. As the number of nuclear science departments shrink,
faculties age, and training reactors close, the appeal of
nuclear science will be lost to future generations of students.
(5) The Department of Energy's Office of Nuclear Science and
Technology is well suited to help maintain tomorrow's human
resource and training investment in the nuclear sciences.
Through its support of research and development pursuant to the
Department's statutory authorities, the Office of Nuclear
Science and Technology is the principal Federal agent for
civilian research in the nuclear sciences for the United
States. The Office maintains the Nuclear Engineering and
Education Research Program which funds basic nuclear science
and engineering. The Office funds the Nuclear Energy and
Research Initiative which funds applied collaborative research
among universities, industry and national laboratories in the
areas of proliferation resistant fuel cycles and future fission
power systems. The Office funds Universities to refuel training
reactors from highly enriched to low enriched proliferation
tolerant fuels, performs instrumentation upgrades and maintains
a program of student fellowships for nuclear science,
engineering and health physics.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy, through the Office of
Nuclear Science and Technology, shall support a program to maintain the
Nation's human resource investment and infrastructure in the nuclear
sciences and engineering consistent with the Department's statutory
authorities related to civilian nuclear research and development.
(b) Duties of the Office of Nuclear Science and Technology.--In
carrying out the program under this Act, the Director of the Office of
Nuclear Science and Technology shall--
(1) develop a robust graduate and undergraduate fellowship
program to attract new and talented students;
(2) assist universities in recruiting and retaining new
faculty in the nuclear sciences and engineering through a
Junior Faculty Research Initiation Grant Program;
(3) maintain a robust investment in the fundamental nuclear
sciences and engineering through the Nuclear Engineering
Education Research Program;
(4) encourage collaborative nuclear research between
industry, national laboratories and universities through the
Nuclear Energy Research Initiative; and
(5) support communication and outreach related to nuclear
science and engineering.
(c) Maintaining University Research and Training Reactors and
Associated Infrastructure.--Within the funds authorized to be
appropriated pursuant to this Act, the amounts specified under section
4(b) shall, subject to appropriations, be available for the following
research and training reactor infrastructure maintenance and research:
(1) Refueling of research reactors with low enriched fuels,
upgrade of operational instrumentation, and sharing of reactors
among universities.
(2) In collaboration with the U.S. nuclear industry,
assistance, where necessary, in re-licensing and upgrading
training reactors as part of a student training program.
(3) A reactor research and training award program that
provides for reactor improvements as part of a focused effort
that emphasizes research, training, and education.
(d) University-DOE Laboratory Interactions.--The Secretary of
Energy, through the Office of Nuclear Science and Technology, shall
develop--
(1) a sabbatical fellowship program for university
professors to spend extended periods of time at Department of
Energy laboratories in the areas of nuclear science; and
(2) a visiting scientist program in which laboratory staff
can spend time in academic nuclear science and engineering
departments.
The Secretary shall also provide for fellowships for students to spend
time at Department of Energy laboratories in the area of nuclear
science.
(e) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this Act shall
be made only after independent merit review.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary of Energy, to remain available until
expended, for the purposes of carrying out this Act:
(1) $44,200,000 for fiscal year 2002.
(2) $56,450,000 for fiscal year 2003.
(3) $63,100,000 for fiscal year 2004.
(4) $61,100,000 for fiscal year 2005.
(5) $71,700,000 for fiscal year 2006.
(b) Graduate and Undergraduate Fellowships.--Of the funds under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(b)(1):
(1) $5,000,000 for fiscal year 2002.
(2) $5,100,000 for fiscal year 2003.
(3) $5,200,000 for fiscal year 2004.
(4) $5,200,000 for fiscal year 2005.
(5) $5,200,000 for fiscal year 2006.
(c) Junior Faculty Research Initiation Grant Program.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(b)(2):
(1) $10,000,000 for fiscal year 2002.
(2) $11,000,000 for fiscal year 2003.
(3) $11,500,000 for fiscal year 2004.
(4) $11,500,000 for fiscal year 2005.
(5) $11,500,000 for fiscal year 2006.
(d) Nuclear Engineering and Education Research Program.--Of the
funds under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(b)(3):
(1) $10,000,000 for fiscal year 2002.
(2) $15,000,000 for fiscal year 2003.
(3) $20,000,000 for fiscal year 2004.
(4) $21,000,000 for fiscal year 2005.
(5) $22,000,000 for fiscal year 2006.
(e) Communication and Outreach Related to Nuclear Science and
Engineering.--Of the funds under subsection (a), the following sums are
authorized to be appropriated to carry out section 3(b)(5):
(1) $200,000 for fiscal year 2002.
(2) $250,000 for fiscal year 2003.
(3) $300,000 for fiscal year 2004.
(4) $300,000 for fiscal year 2005.
(5) $300,000 for fiscal year 2006.
(f) Refueling of Research Reactors and Instrumentation Upgrades.--
Of the funds under subsection (a), the following sums are authorized to
be appropriated to carry out section 3(c)(1):
(1) $6,000,000 for fiscal year 2002.
(2) $6,500,000 for fiscal year 2003.
(3) $7,000,000 for fiscal year 2004.
(4) $7,000,000 for fiscal year 2005.
(5) $7,000,000 for fiscal year 2006.
(g) Re-Licensing Assistance.--Of the funds under subsection (a),
the following sums are authorized to be appropriated to carry out
section 3(c)(2):
(1) $2,000,000 for fiscal year 2002.
(2) $2,500,000 for fiscal year 2003.
(3) $3,000,000 for fiscal year 2004.
(4) $3,000,000 for fiscal year 2005.
(5) $4,500,000 for fiscal year 2006.
(h) Reactor Research and Training Award Program.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(c)(3):
(1) $10,000,000 for fiscal year 2002.
(2) $15,000,000 for fiscal year 2003.
(3) $15,000,000 for fiscal year 2004.
(4) $17,000,000 for fiscal year 2005.
(5) $20,000,000 for fiscal year 2006.
(i) University--DOE Laboratory Interactions.--Of the funds under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(d):
(1) $1,000,000 for fiscal year 2002.
(2) $1,100,000 for fiscal year 2003.
(3) $1,100,000 for fiscal year 2004.
(4) $1,100,000 for fiscal year 2005.
(5) $1,200,000 for fiscal year 2006. | Sets forth the duties of such Office in implementing the program. Targets university research and training reactors and associated infrastructure as recipients of authorized appropriations.
Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories.
Authorizes appropriations through FY2005 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) refueling research reactors and instrumentation upgrades; (5) re-licensing assistance; (6) reactor research and training award program; and (7) university-DOE laboratory interactions. | {"src": "billsum_train", "title": "Department of Energy University Nuclear Science and Engineering Act"} | 1,889 | 147 | 0.491531 | 1.449559 | 0.723254 | 2.433824 | 13.691176 | 0.889706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Housing, Awareness, and
Navigation Demonstration Services for Individuals With Autism Spectrum
Disorders Act of 2008'' or the ``Helping HANDS for Autism Act of
2008''.
TITLE I--AUTISM NAVIGATOR PROGRAM
SEC. 101. AUTISM NAVIGATOR PROGRAM.
Part R of title III of the Public Health Service Act (42 U.S.C.
280i et seq.) is amended by inserting after section 399DD the
following:
``SEC. 399DD-1. AUTISM NAVIGATOR PROGRAM.
``(a) Authorization of Grant Program.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Housing and Urban Development and the Secretary of
Education, shall establish a demonstration grant program to
award grants to eligible entities to enable such entities to
develop an autism navigator program to create a more efficient,
effective, coordinated use of the health, housing, education,
and social service systems for individuals with an autism
spectrum disorder.
``(2) Eligible entity.--
``(A) In general.--In this section, the term
`eligible entity' means an entity that has--
``(i) not less than 2 years experience
serving the autism community in an advocacy or
service capacity; and
``(ii) a--
``(I) behaviorist with at least a
master's degree on staff or in a
consultation capacity who has
experience in applied behavioral
analysis;
``(II) Board Certified Behavior
Analyst on staff;
``(III) special educator with
training in autism spectrum disorders
on staff;
``(IV) rehabilitation professional
with training in autism spectrum
disorders on staff; or
``(V) master's level professional
with training in autism spectrum
disorders on staff.
``(B) Secretary's determination.--Notwithstanding
subparagraph (A), the Secretary may determine who
qualifies as an eligible entity under this section.
``(b) Application for a Grant.--
``(1) In general.--An eligible entity that desires a grant
under this section shall submit an application to the Secretary
at such time, in such manner and form, and containing such
information, agreements, and assurances as the Secretary
determines to be necessary to carry out this section.
``(2) Outreach services.--An application submitted under
paragraph (1) shall contain an assurance that the applicant
will provide ongoing outreach activities while receiving a
grant under this section, in a manner that is culturally
competent for the population served, to inform the public and
the specific community that the autism navigator is serving, of
the services under the grant.
``(c) Development of Autism Navigator Program.--
``(1) Autism navigators.--
``(A) In general.--The Secretary shall determine
the functions of autism navigators under this section.
``(B) Types of functions.--The functions of an
autism navigator under this section may include--
``(i) with respect to an individual with an
autism spectrum disorder and such individual's
family--
``(I) coordinating and scheduling
appointments and referrals, community
outreach, assistance with
transportation, housing or education
arrangements, and assistance with
insurance issues and other barriers to
care;
``(II) case management and
psychosocial assessment and care or
information and referral to such
services;
``(III) contact and care
coordination of health care, including
psychosocial assessment and care, and
other community services, provider
referrals, financial support and
service coordination, including
transportation, housing, and education;
``(IV) determining coverage under
health insurance and health plans for
all services;
``(V) aiding with health insurance
coverage issues; and
``(VI) ensuring the initiation,
continuation, or sustained access to
care prescribed by the individual's
health care providers;
``(ii) facilitating partnerships within the
healthcare and advocacy community to assist
outreach to the underserved autism community;
``(iii) notifying individuals and their
families as to autism clinical trials and, on
request, facilitating enrollment of eligible
individuals;
``(iv) anticipating, identifying, and
helping individuals with an autism spectrum
disorder overcome barriers in accessing and
securing appropriate services in a timely
manner;
``(v) coordinating with State departments
responsible for human services, education,
health and senior services, housing, community
affairs, and labor in providing services to
individuals with an autism spectrum disorder
and their families;
``(vi) identifying caregiver supports for
those caring for individuals with an autism
spectrum disorder, including mentoring, support
groups, community resources, and legal
consultation;
``(vii) identifying, mentoring, and
supporting culturally sensitive caregivers of
individuals with an autism spectrum disorder;
and
``(viii) serving as a reliable, expert
resource for advice, support, and direction to
access early intervention services under part C
of the Individuals with Disabilities Education
Act (20 U.S.C. 1431 et seq.), health insurance
(public or private), housing programs,
financial security programs, Medicare services
under title XVIII of the Social Security Act,
and Medicaid services under title XIX of the
Social Security Act.
``(2) Development of program.--
``(A) In general.--An eligible entity that receives
a grant under this section shall develop an autism
navigator program that will recruit, employ, train,
assign, and supervise autism navigators.
``(B) Duration of grants.--A grant provided under
this section shall be--
``(i) for a period of not more than 5
years; and
``(ii) subject to annual approval by the
Secretary and subject to the availability of
appropriations for the fiscal year involved.
``(C) No limitation on number of grants.--Nothing
in this paragraph shall be construed to limit the
number of grants that may be made to an eligible
entity.
``(3) Outreach.--An autism navigator program developed
under paragraph (2) shall reach out to appropriate doctor's
offices and treatment centers to encourage such doctors and
centers to refer individuals with an autism spectrum disorder
to such program, which will offer autism navigation services
described in this subsection.
``(4) Training and preparation.--An autism navigator
program developed under paragraph (2) shall train and prepare
autism navigators as follows:
``(A) Autism navigators shall have direct knowledge
of the communities they serve and provide services to
such communities in a culturally competent manner.
``(B) Autism navigators shall be informed about
health insurance systems and other community services,
and be able to aid individuals in resolving access
issues.
``(C) Autism navigators shall have direct knowledge
of the unique needs of individuals with an autism
spectrum disorder and the current evidence-based
practices that are available to such individuals
through Federal programs and in the State.
``(5) Managing care.--An autism navigator program developed
under paragraph (2) shall assign autism navigators, in
accordance with applicable criteria of the Secretary, for--
``(A) managing the care of individuals with an
autism spectrum disorder; and
``(B) assisting such individuals and families with
navigating the life service continuum.
``(6) Centralized access.--An autism navigator program
developed under paragraph (2) shall provide centralized access
for individuals with an autism spectrum disorder to multiple
Federal and State activities and programs related to autism
spectrum disorders, including such activities and programs
carried out by--
``(A) the Administration for Children and Families;
``(B) the Centers for Disease Control and
Prevention;
``(C) the Centers for Medicare & Medicaid Services;
``(D) the Collaborative Programs of Excellence in
Autism;
``(E) the Department of Health and Human Services;
``(F) the Health Resources and Services
Administration;
``(G) the Interagency Autism Coordinating
Committee;
``(H) the National Institutes of Health;
``(I) the National Institute of Mental Health;
``(J) the Studies to Advance Autism Research and
Treatment;
``(K) the Department of Housing and Urban
Development;
``(L) the Department of Education; and
``(M) the Department of Labor.
``(7) Data collection and report.--
``(A) In general.--Each recipient of a grant under
this section shall--
``(i) collect specific autism data that
records navigation services provided to each
individual served by the autism navigator
program; and
``(ii) establish and implement procedures
and protocols, consistent with applicable
Federal and State laws, to ensure the
confidentiality of all information shared by a
participant in the program, the participant's
personal representative, and the participant's
health care providers, group health plans, or
health insurance insurers.
``(B) Disclosure of information.--A recipient of a
grant under this section may, consistent with
applicable Federal and State confidentiality laws,
collect, use, or disclose aggregate information that is
not individually identifiable.
``(C) Report.--Each recipient of a grant under this
section shall submit an annual report to the Secretary
that--
``(i) summarizes and analyzes the data
collected under subparagraph (A)(i); and
``(ii) provides information on needs for
navigation services, types of access
difficulties resolved, sources of repeated
resolution, and flaws in the system of access,
including insurance barriers.
``(d) Evaluations.--The Secretary shall provide, directly or
through grants or contracts, for evaluations to determine the effects
of the services of autism navigators.
``(e) Coordination With Other Programs.--The Secretary shall
coordinate the demonstration grant program authorized under this
section with programs authorized under the Children's Health Act of
2000 (Public Law 106-310), the Combating Autism Act of 2006 (Public Law
109-416), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the
Medicaid home- and community-based service waivers program under
section 1915(c) of the Social Security Act, title XIX of the Social
Security Act, and other appropriate programs.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require payment for navigation services or to require
payment for other services in cases where such other services are
provided free of charge.''.
TITLE II--AUTISM AWARENESS
SEC. 201. TRAINING OF FIRST RESPONDERS IN THE RECOGNITION OF AUTISM.
(a) Development of Curriculum.--The Secretary of Health and Human
Services, in coordination with the Director of the Centers for Disease
Control and Prevention and in consultation with the heads of other
appropriate Federal agencies, shall develop, demonstrate, and
disseminate a standard curriculum for the training of first responders
in assisting individuals (and their families) with autism and other
cognitive behavioral disabilities during potential and actual
emergencies.
(b) Training Grants.--The Secretary of Health and Human Services,
in coordination with the Director of the Centers for Disease Control
and Prevention and in consultation with the heads of other appropriate
Federal agencies, shall award grants to States and local governments to
train first responders (including the police, fire departments,
emergency medical technicians, and other paid or volunteer first
responders) in providing assistance to individuals with autism and
other cognitive impairments in potential and actual emergency
situations.
(c) Requirement.--Training carried out under this section shall
inform first responders of the risks associated with autism and other
cognitive behavioral disabilities, as well as provide instruction in
appropriate autism recognition and response techniques.
TITLE III--HOME OF THEIR OWN
SEC. 301. HOME OF THEIR OWN.
(a) Task Force.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Housing and Urban Development shall
convene a task force comprised of appropriate national and State autism
advocacy groups, recipients of funds from the Department of Housing and
Urban Development for housing for adults with an autism spectrum
disorder, and community-based organizations that serve adults with an
autism spectrum disorder.
(b) Establishment of Grant Program.--The task force described in
subsection (a) shall establish a housing demonstration grant program to
award grants to entities (including States, localities, public and
private partnerships, and community nonprofit and for-profit
organizations) to enable such entities to provide a housing program for
adults with an autism spectrum disorder, with the goal of providing
individualized housing and services to such adults. | Helping Housing, Awareness, and Navigation Demonstration Services for Individuals With Autism Spectrum Disorders Act of 2008 or the Helping HANDS for Autism Act of 2008 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS Secretary), in coordination with the Secretary of Housing and Urban Development (HUD Secretary) and the Secretary of Education, to establish a demonstration program to award grants to eligible entities to develop an autism navigator program to create a more efficient, effective, coordinated use of the health, housing, education, and social service systems for individuals with an autism spectrum disorder.
Requires: (1) an eligible entity that receives a grant to develop an autism navigator program that will recruit, employ, train, assign, and supervise autism navigators; and (2) the HHS Secretary to provide for evaluations to determine the effects of navigator services.
Directs the HHS Secretary, in coordination with the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop, demonstrate, and disseminate a standard curriculum for training first responders in assisting individuals with autism and other cognitive behavioral disabilities and their families during emergencies; and (2) award grants to states and local governments to train first responders in providing assistance to such individuals in emergency situations.
Requires the HUD Secretary to convene a task force to establish a housing demonstration grant program to award grants to entities to provide a program aimed at providing individualized housing and services to adults with an autism spectrum disorder. | {"src": "billsum_train", "title": "A bill to increase housing, awareness, and navigation demonstration services (HANDS) for individuals with autism spectrum disorders."} | 2,760 | 328 | 0.692786 | 1.927748 | 0.862785 | 4.769759 | 9.024055 | 0.962199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Funding Act of 2003''.
SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL PRIMARY MATCHING PAYMENTS.
(a) Increase in Matching Rate for Payments.--Section 9034(a) of the
Internal Revenue Code of 1986 is amended by striking ``an amount equal
to the amount'' and inserting ``an amount equal to 400 percent of the
amount''.
(b) Eligibility Requirements.--
(1) Amount of aggregate contributions per state.--Section
9033(b)(3) of such Code is amended by striking ``$5,000'' and
inserting ``$15,000''.
(2) Participation in system for payments for general
election.--Section 9033(b) of such Code is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95,
including the requirement that the candidate and the
candidate's authorized committees will not incur qualified
campaign expenses in excess of the aggregate payments to which
they will be entitled under section 9004. ''.
(c) Period of Availability of Payments.--Section 9032(6) of such
Code is amended by striking ``the beginning of the calendar year'' and
inserting ``July 1 of the calendar year preceding the calendar year''.
(d) Increase in Limitation on Total Amount of Payments.--Section
9034(b) of such Code is amended by striking ``50 percent'' and
inserting ``80 percent''.
SEC. 3. REQUIRING PARTICIPATION IN PRIMARY PAYMENT SYSTEM AS CONDITION
OF ELIGIBILITY FOR GENERAL ELECTION PAYMENTS.
(a) Major Party Candidates.--Section 9003(b) of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3); and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) the candidate received payments under chapter 96 for
the campaign for nomination;''.
(b) Minor Party Candidates.--Section 9003(c) of such Code is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3); and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) the candidate received payments under chapter 96 for
the campaign for nomination;''.
SEC. 4. REVISIONS TO CANDIDATE EXPENDITURE LIMITS.
(a) Increase in Limit on Coordinated Party Expenditures.--Section
315(d)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(d)(2)) is amended by striking ``2 cents'' and inserting ``4
cents''.
(b) Increase in Expenditure Limits for Participating Candidates;
Elimination of State-Specific Limits.--
(1) In general.--Section 315(b)(1) of such Act (2 U.S.C.
441a(b)(1)) is amended by striking ``in excess of _'' and all
that follows and inserting the following: ``in excess of
$75,000,000 with respect to a campaign for nomination for
election or in excess of $75,000,000 with respect to a campaign
for election to such office.''.
(2) Conforming amendment relating to timing of cost-of-
living adjustment.--Section 315(c)(2)(B) of such Act (2 U.S.C.
441a(c)(2)(B) is amended--
(A) in clause (i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (d)'';
(B) in clause (i), by striking ``and'' at the end;
(C) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new clause:
``(iii) for purposes of subsection (b), calendar
year 2004.''.
(3) Other conforming amendments.--The Internal Revenue Code
of 1986 is amended--
(A) in section 9004(a)(1), by striking ``section
320(b)(1)(B) of the Federal Election Campaign Act of
1971'' and inserting ``section 315(b)(1) of the Federal
Election Campaign Act of 1971''; and
(B) by striking ``section 320(b)(1)(A) of the
Federal Election Campaign Act of 1971'' each place it
appears in sections 9034(b) and 9035(a) and inserting
``section 315(b)(1) of the Federal Election Campaign
Act of 1971''.
(c) Repeal of Exclusion of Fundraising Costs From Treatment as
Expenditures.--Section 301(9)(B)(vi) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(9)(B)(vi)) is amended by striking ``in excess
of an amount equal to 20 percent of the expenditure limitation
applicable to such candidate under section 315(b)'' and inserting the
following: ``who is seeking nomination for election or election to the
office of President or Vice President of the United States''.
(d) Increase in Expenditure Limits for Primary Candidates
Participating in Primary Payment System Who Face Certain
Nonparticipating Opponents.--
(1) In general.--Section 315(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(b)) is amended--
(A) in paragraph (1), by striking ``No candidate''
and inserting ``Except as provided in paragraph (3), no
candidate''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) In the case of a candidate described in paragraph (1) in a
campaign for nomination for election for the office of President who
faces a nonparticipating primary candidate of the same political party
who receives contributions or makes expenditures with respect to the
campaign in an aggregate amount greater than 133 percent of the
expenditure limitation under paragraph (1), the limitation on
expenditures applicable under such paragraph shall be increased by 100
percent.
``(B) Each nonparticipating primary candidate who receives
contributions or makes expenditures with respect to the campaign in an
aggregate amount greater than 133 percent of the expenditure limitation
under paragraph (1) shall notify the Commission in writing not later
than 24 hours after first receiving aggregate contributions or making
aggregate expenditures in such an amount.
``(C) Not later than 24 hours after receiving a written notice from
a nonparticipating primary candidate under subparagraph (B), the
Commission shall notify each opponent of the candidate to whom the
increased limitation on expenditures applies pursuant to subparagraph
(A).
``(D) In this paragraph, a `nonparticipating primary candidate'
means a candidate for nomination for election for the office of
President who is not eligible under section 9033 of the Internal
Revenue Code of 1986 to receive payments from the Secretary of the
Treasury under chapter 96 of such Code.''.
(2) No increase permitted in matching payments as a result
of increase in expenditure limit.--Section 9034(b) of the
Internal Revenue Code of 1986 is amended by striking the period
at the end and inserting the following: ``, except that a
candidate shall not receive any additional payments under
subsection (a) once such candidate has received a combination
of payments under subsection (a) and contributions which, in
the aggregate, exceed the expenditure limit applicable under
section 315(b)(1) of the Act with respect to a campaign for
nomination for election to the office of the President
(notwithstanding any increase in such expenditure limitation
pursuant to section 315(b)(3) of such Act).''.
SEC. 5. REVISIONS TO DESIGNATION OF INCOME TAX PAYMENTS BY INDIVIDUAL
TAXPAYERS.
(a) Increase in Amount Designated.--Section 6096(a) of the Internal
Revenue Code of 1986 is amended--
(1) in the first sentence, by striking ``$3'' each place it
appears and inserting ``$6''; and
(2) in the second sentence--
(A) by striking ``$6'' and inserting ``$12'', and
(B) by striking ``$3'' and inserting ``$6''.
(b) Indexing.--Section 6096 of such Code is amended by adding at
the end the following new subsection:
``(d) Indexing of Amount Designated.--
``(1) In general.--With respect to each taxable year after
2004, each amount referred to in subsection (a) shall be
increased by the percent difference described in paragraph (2),
except that if any such amount after such an increase is not a
multiple of $1, such amount shall be rounded to the nearest
multiple of $1.
``(2) Percent difference described.--The percent difference
described in this paragraph with respect to a taxable year is
the percent difference determined under section 315(c)(1)(A) of
the Federal Election Campaign Act of 1971 with respect to the
calendar year during which the taxable year begins, except that
the base year involved shall be 2004.''.
(c) Ensuring Tax Preparation Software Does not Provide Automatic
Response to Designation Question.--Section 6096 of such Code, as
amended by subsection (b), is amended by adding at the end the
following new subsection:
``(e) Ensuring Tax Preparation Software Does not Provide Automatic
Response to Designation Question.--The Secretary shall promulgate
regulations to ensure that electronic software used in the preparation
or filing of individual income tax returns does not automatically
accept or decline a designation of a payment under this section.''.
(d) Public Information Program on Designation.--Section 6096 of
such Code, as amended by subsections (b) and (c), is amended by adding
at the end the following new subsection:
``(f) Public Information Program.--
``(1) In general.--The Federal Election Commission shall
conduct a program to inform and educate the public regarding
the purposes of the Presidential Election Campaign Fund, the
procedures for the designation of payments under this section,
and the effect of such a designation on the income tax
liability of taxpayers.
``(2) Use of funds for program.--Amounts in the
Presidential Election Campaign Fund shall be made available to
the Commission to carry out the program under this subsection,
except that the amount made available for this purpose may not
exceed $10,000,000 with respect to any Presidential election
cycle. In this paragraph, a `Presidential election cycle' is
the 4-year period beginning with January of the year following
a Presidential election.''.
SEC. 6. ADDITIONAL GENERAL ELECTION PAYMENTS TO PARTICIPATING
CANDIDATES FACING CERTAIN NONPARTICIPATING OPPONENTS.
(a) In General.--Section 9004(a)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``(1) The eligible candidates'' and
inserting ``(1)(A) Except as provided in subparagraph (B), the
eligible candidates''; and
(2) by adding at the end the following new subparagraph:
``(B) In addition to the payments described in subparagraph
(A), each eligible candidate of a major party in a presidential
election with an opponent in the election who is not eligible
to receive payments under section 9006 and who receives
contributions or makes expenditures with respect to the primary
and general elections in an aggregate amount greater than 133
percent of the combined expenditure limitations applicable to
eligible candidates under section 315(b)(1) of the Federal
Election Campaign Act of 1971 shall be entitled to equal
payments under section 9006 in an amount equal to 100 percent
of the expenditure limitation applicable under such section
with respect to a campaign for election to the office of
President.''.
(b) Special Rule for Minor Party Candidates.--Section 9004(a)(2)(A)
of such Code is amended--
(1) by striking ``(A) The eligible candidates'' and
inserting ``(A)(i) Except as provided in clause (ii), the
eligible candidates''; and
(2) by adding at the end the following new clause:
``(ii) In addition to the payments described in clause
(ii), each eligible candidate of a minor party in a
presidential election with an opponent in the election who is
not eligible to receive payments under section 9006 and who
receives contributions or makes expenditures with respect to
the primary and general elections in an aggregate amount
greater than 133 percent of the combined expenditure
limitations applicable to eligible candidates under section
315(b)(1) of the Federal Election Campaign Act of 1971 shall be
entitled to equal payments under section 9006 in an amount
equal to 100 percent of the payments to which such candidate is
entitled under clause (i).''.
(c) Process for Determination of Eligibility for Additional
Payment.--
(1) In general.--Section 9005 of such Code is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Special Rules for Certification of Eligibility for Additional
Payments.--
``(1) Reports on expenditures by ineligible candidates.--If
a candidate in a presidential election who is not eligible to
receive payments under section 9006 receives contributions or
makes expenditures with respect to the primary and general
elections in an aggregate amount greater than 133 percent of
the combined expenditure limitations applicable to eligible
candidates under section 315(b)(1) of the Federal Election
Campaign Act of 1971, the candidate shall notify the Commission
in writing that the candidate has made aggregate expenditures
in such an amount not later than 24 hours after first receiving
aggregate contributions or making aggregate expenditures in
such an amount.
``(2) Certification.--Not later than 24 hours after
receiving a written notice under paragraph (1), the Commission
shall certify to the Secretary of the Treasury for payment to
any eligible candidate who is entitled to an additional payment
under section 9004(a)(1)(B) or section 9004(a)(2)(A)(ii) that
the candidate is entitled to payment in full of the additional
payment under such section.''.
(2) Conforming amendment.--Section 9005(c) of such Code (as
redesignated under paragraph (1)(A)) is amended by striking
``subsection (a)'' and inserting ``this section''.
(d) Exclusion of Additional Payment From Determination of
Expenditure Limits.--Section 315(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(b)(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 ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) the amount of expenditures made by a candidate shall
be reduced by the amount of any additional payment received by
the candidate under section 9004(a)(1)(B) of the Internal
Revenue Code of 1986.''.
SEC. 7. DETERMINATION OF AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN
FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``In making a
determination of whether there are insufficient moneys in the fund for
purposes of the previous sentence, the Secretary shall take into
account in determining the balance of the fund for a Presidential
election year the Secretary's best estimate of the amount of moneys
which will be deposited into the fund during the year, except that the
amount of the estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 8. REPEAL OF PRIORITY IN USE OF FUNDS FOR POLITICAL CONVENTIONS.
(a) In General.--Section 9008(a) of the Internal Revenue Code of
1986 is amended by striking the period at the end of the second
sentence and all that follows and inserting the following: ``, except
that the amount deposited may not exceed the amount available after the
Secretary determines that amounts for payments under section 9006 and
section 9037 are available for such payments.''.
(b) Conforming Amendment.--The second sentence of section 9037(a)
of such Code is amended by striking ``section 9006(c) and for payments
under section 9008(b)(3)'' and inserting ``section 9006''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after January 1, 2005. | Presidential Funding Act of 2003 - Amends the Internal Revenue Code (including the Presidential Election Campaign Fund Act and the Presidential Primary Matching Payment Account Act) and the Federal Election Campaign Act of 1971 to, among other things: (1) increase the presidential primary $250 one-to-one match to a four-to-one match; (2) increase the presidential primary qualifying threshold of $5,000 in 20 States to $15,000 in 20 States; (3) require candidates to be eligible to receive funding under the Presidential Election Campaign Fund Act to have received payments under the Presidential Primary Matching Payment Account Act; (4) revise candidate expenditure limits, including permitting the national committee of a political party to make expenditures in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party in an amount of up to four (currently, two) cents multiplied by the U.S. voting age population and permitting an eligible candidate for the office of President of the United States to receive payments from the Secretary of the Treasury of up to $75,000,000 with respect to a campaign for nomination for election or of up to $75,000,000 with respect to a campaign for election to such office; and (5) double the three dollar presidential campaign tax return check-off to six dollars. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reform the system of public financing for presidential elections, and for other purposes."} | 3,917 | 265 | 0.54242 | 1.5657 | 0.723139 | 2.665354 | 13.287402 | 0.838583 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Windstorm Impact Reduction
Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Hurricanes, tropical storms, tornadoes, and
thunderstorms can cause significant loss of life, injury,
destruction of property, and economic and social disruption.
All States and regions are vulnerable to these hazards.
(2) The United States currently sustains several billion
dollars in economic damages each year due to these windstorms.
In recent decades, rapid development and population growth in
high-risk areas has greatly increased overall vulnerability to
windstorms.
(3) Improved windstorm impact reduction measures have the
potential to reduce these losses through--
(A) cost-effective and affordable design and
construction methods and practices;
(B) effective mitigation programs at the local,
State, and national level;
(C) improved data collection and analysis and
impact prediction methodologies;
(D) engineering research on improving new
structures and retrofitting existing ones to better
withstand windstorms, atmospheric-related research to
better understand the behavior and impact of windstorms
on the built environment, and subsequent application of
those research results; and
(E) public education and outreach.
(4) There is an appropriate role for the Federal Government
in supporting windstorm impact reduction. An effective Federal
program in windstorm impact reduction will require interagency
coordination, and input from individuals, academia, the private
sector, and other interested non-Federal entities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) Program.--The term ``Program'' means the National
Windstorm Impact Reduction Program established by section 4(a).
(3) State.--The term ``State'' means each of the States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the United
States.
(4) Windstorm.--The term ``windstorm'' means any storm with
a damaging or destructive wind component, such as a hurricane,
tropical storm, tornado, or thunderstorm.
SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.
(a) Establishment.--There is established the National Windstorm
Impact Reduction Program.
(b) Objective.--The objective of the Program is the achievement of
major measurable reductions in losses of life and property from
windstorms. The objective is to be achieved through a coordinated
Federal effort, in cooperation with other levels of government,
academia, and the private sector, aimed at improving the understanding
of windstorms and their impacts and developing and encouraging
implementation of cost-effective mitigation measures to reduce those
impacts.
(c) Interagency Working Group.--Not later than 90 days after the
date of enactment of this Act, the Director shall establish an
Interagency Working Group consisting of representatives of the National
Science Foundation, the National Oceanic and Atmospheric
Administration, the National Institute of Standards and Technology, the
Federal Emergency Management Agency, and other Federal agencies as
appropriate. The Director shall designate an agency to serve as Chair
of the Working Group and be responsible for the planning, management,
and coordination of the Program, including budget coordination.
Specific agency roles and responsibilities under the Program shall be
defined in the implementation plan required under subsection (e).
General agency responsibilities shall include the following:
(1) The National Institute of Standards and Technology
shall support research and development to improve building
codes and standards and practices for design and construction
of buildings, structures, and lifelines.
(2) The National Science Foundation shall support research
in engineering and the atmospheric sciences to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(3) The National Oceanic and Atmospheric Administration
shall support atmospheric sciences research to improve the
understanding of the behavior of windstorms and their impact on
buildings, structures, and lifelines.
(4) The Federal Emergency Management Agency shall support
the development of risk assessment tools and effective
mitigation techniques, windstorm-related data collection and
analysis, public outreach, information dissemination, and
implementation of mitigation measures consistent with the
Agency's all-hazards approach.
(d) Program Components.--
(1) In general.--The Program shall consist of three primary
mitigation components: improved understanding of windstorms,
windstorm impact assessment, and windstorm impact reduction.
The components shall be implemented through activities such as
data collection and analysis, risk assessment, outreach,
technology transfer, and research and development. To the
extent practicable, research activities authorized under this
Act shall be peer-reviewed, and the components shall be
designed to be complementary to, and avoid duplication of,
other public and private hazard reduction efforts.
(2) Understanding of windstorms.--Activities to enhance the
understanding of windstorms shall include research to improve
knowledge of and data collection on the impact of severe wind
on buildings, structures, and infrastructure.
(3) Windstorm impact assessment.--Activities to improve
windstorm impact assessment shall include--
(A) development of mechanisms for collecting and
inventorying information on the performance of
buildings, structures, and infrastructure in windstorms
and improved collection of pertinent information from
sources, including the design and construction
industry, insurance companies, and building officials;
(B) research, development, and technology transfer
to improve loss estimation and risk assessment systems;
and
(C) research, development, and technology transfer
to improve simulation and computational modeling of
windstorm impacts.
(4) Windstorm impact reduction.--Activities to reduce
windstorm impacts shall include--
(A) development of improved outreach and
implementation mechanisms to translate existing
information and research findings into cost-effective
and affordable practices for design and construction
professionals, and State and local officials;
(B) development of cost-effective and affordable
windstorm-resistant systems, structures, and materials
for use in new construction and retrofit of existing
construction; and
(C) outreach and information dissemination related
to cost-effective and affordable construction
techniques, loss estimation and risk assessment
methodologies, and other pertinent information
regarding windstorm phenomena to Federal, State, and
local officials, the construction industry, and the
general public.
(e) Implementation Plan.--Not later than 1 year after date of
enactment of this Act, the Interagency Working Group shall develop and
transmit to the Congress an implementation plan for achieving the
objectives of the Program. The plan shall include--
(1) an assessment of past and current public and private
efforts to reduce windstorm impacts, including a comprehensive
review and analysis of windstorm mitigation activities
supported by the Federal Government;
(2) a description of plans for technology transfer and
coordination with natural hazard mitigation activities
supported by the Federal Government;
(3) a statement of strategic goals and priorities for each
Program component area;
(4) a description of how the Program will achieve such
goals, including detailed responsibilities for each agency; and
(5) a description of plans for cooperation and coordination
with interested public and private sector entities in each
program component area.
(f) Biennial Report.--The Interagency Working Group shall, on a
biennial basis, and not later than 180 days after the end of the
preceding 2 fiscal years, transmit a report to the Congress describing
the status of the windstorm impact reduction program, including
progress achieved during the preceding two fiscal years. Each such
report shall include any recommendations for legislative and other
action the Interagency Working Group considers necessary and
appropriate. In developing the biennial report, the Interagency Working
Group shall consider the recommendations of the Advisory Committee
established under section 5.
SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION.
(a) Establishment.--The Director shall establish a National
Advisory Committee on Windstorm Impact Reduction, consisting of not
less than 11 and not more than 15 non-Federal members representing a
broad cross section of interests such as the research, technology
transfer, design and construction, and financial communities; materials
and systems suppliers; State, county, and local governments; the
insurance industry; and other representatives as designated by the
Director.
(b) Assessment.--The Advisory Committee shall assess--
(1) trends and developments in the science and engineering
of windstorm impact reduction;
(2) the effectiveness of the Program in carrying out the
activities under section 4(d);
(3) the need to revise the Program; and
(4) the management, coordination, implementation, and
activities of the Program.
(c) Biennial Report.--At least once every two years, the Advisory
Committee shall report to Congress and the Interagency Working Group on
the assessment carried out under subsection (b).
(d) Sunset Exemption.--Section 14 of the Federal Advisory Committee
Act shall not apply to the Advisory Committee established under this
section.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act supersedes any provision of the National
Manufactured Housing Construction and Safety Standards Act of 1974. No
design, construction method, practice, technology, material, mitigation
methodology, or hazard reduction measure of any kind developed under
this Act shall be required for a home certified under section 616 of
the National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act,
without being subject to the consensus development process and
rulemaking procedures of that Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Emergency Management Agency.--There are authorized to
be appropriated to the Federal Emergency Management Agency for carrying
out this Act--
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.
(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
Act--
(1) $8,700,000 for fiscal year 2006;
(2) $9,400,000 for fiscal year 2007; and
(3) $9,400,000 for fiscal year 2008.
(c) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for carrying out this Act--
(1) $3,000,000 for fiscal year 2006;
(2) $4,000,000 for fiscal year 2007; and
(3) $4,000,000 for fiscal year 2008.
(d) National Oceanic and Atmospheric Administration.--There are
authorized to be appropriated to the National Oceanic and Atmospheric
Administration for carrying out this Act--
(1) $2,100,000 for fiscal year 2006;
(2) $2,200,000 for fiscal year 2007; and
(3) $2,200,000 for fiscal year 2008.
SEC. 8. BIENNIAL REPORT.
Section 37(a) of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982,
and biennially thereafter'' and inserting ``By January 30 of each odd-
numbered year''.
SEC. 9. COORDINATION.
The Secretary of Commerce, the Director of the National Institute
of Standards and Technology, the Director of the Office of Science and
Technology Policy and the heads of other Federal departments and
agencies carrying out activities under this Act and the statutes
amended by this Act shall work together to ensure that research,
technologies, and response techniques are shared among the programs
authorized in this Act in order to coordinate the Nation's efforts to
reduce vulnerability to the hazards described in this Act. | National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program to achieve major measurable reductions in losses of life and property from windstorms.
Requires the Director of the Office of Science and Technology Policy (the Director) to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency, and other Federal agencies as appropriate. Outlines general agency responsibilities.
Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to and avoid duplication of other hazard reduction efforts.
Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program.
Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out specified activities to improve windstorm impact assessment; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment.
Declares that, the Secretary of Commerce, the NIST Director, the Director, and the heads of other Federal departments and agencies carrying out activities under this Act and the statutes amended by this Act shall work together to ensure that research, technologies, and response techniques are shared among the programs authorized in this Act in order to coordinate the Nation's efforts to reduce vulnerability to the hazards described in this Act. | {"src": "billsum_train", "title": "A bill to establish a National Windstorm Impact Reduction Program."} | 2,483 | 419 | 0.643339 | 1.988388 | 0.759194 | 5.289894 | 6.31383 | 0.954787 |
SECTION 1. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2007.
(a) In General.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006 (Public Law 109-482), is
amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Additional amounts to eliminate remainder of fiscal
year 2007 funding shortfalls.--
``(A) In general.--The Secretary shall allot to
each remaining shortfall State described in
subparagraph (B) such amount as the Secretary
determines will eliminate the estimated shortfall
described in such subparagraph for the State for fiscal
year 2007.
``(B) Remaining shortfall state described.--For
purposes of subparagraph (A), a remaining shortfall
State is a State with a State child health plan
approved under this title for which the Secretary
estimates, on the basis of the most recent data
available to the Secretary as of the date of the
enactment of this paragraph, that the projected federal
expenditures under such plan for the State for fiscal
year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount of the State's allotment
for fiscal year 2007; and
``(iii) the amounts, if any, that are to be
redistributed to the State during fiscal year
2007 in accordance with paragraphs (1) and (2).
``(C) Appropriation; allotment authority.--For the
purpose of providing additional allotments to remaining
shortfall States under this paragraph there is
appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as are necessary for
fiscal year 2007. Amounts appropriated pursuant to the
preceding sentence are designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress).''.
(b) Conforming Amendments.--Section 2104(h) of such Act (42 U.S.C.
1397dd(h)) (as so added), is amended--
(1) in paragraph (1)(B), by striking ``subject to paragraph
(4)(B) and'';
(2) in paragraph (2)(B), by striking ``subject to paragraph
(4)(B) and'';
(3) in paragraph (5)(A), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(4) in paragraph (6)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after
``redistributed''; and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) by striking ``and (3)'' and inserting ``(3),
and (4)''.
SEC. 2. FUNDING PROVISIONS.
(a) Requirement for Use of Tamper-Resistant Prescription Pads Under
the Medicaid Program.--
(1) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) by striking ``or'' at the end of paragraph
(21);
(B) by striking the period at the end of paragraph
(22) and inserting ``; or''; and
(C) by inserting after paragraph (22) the following
new paragraph:
``(23) with respect to amounts expended for medical
assistance for covered outpatient drugs (as defined in section
1927(k)(2)) for which the prescription was executed in written
(and non-electronic) form unless the prescription was executed
on a tamper-resistant pad.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to prescriptions executed after September 30, 2007.
(b) Repeal of the Limited Continuous Enrollment Provision for
Certain Beneficiaries Under the Medicare Advantage Program.--
(1) In general.--Subparagraph (E) of section 1851(e)(2) of
the Social Security Act (42 U.S.C. 1395w-21(e)(2)), as added by
section 206(a) of division B of the Tax Relief and Health Care
Act of 2006 (Public Law 109-432), is repealed.
(2) Conforming amendment.--Section 1860D-1(b)(1)(B)(iii) of
the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)), as
amended by 206(b) of division B of the Tax Relief and Health
Care Act of 2006 (Public Law 109-432), is amended by striking
``subparagraphs (B), (C), and (E)'' and inserting
``subparagraphs (B) and (C)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the day after the date of enactment of
this Act.
(c) Denial of Payments for Hospital Services or Ambulatory Surgical
Center Services That Directly Harm Patients.--
(1) In general.--Section 1862(a) of the Social Security Act
(42 U.S.C. 1395y(a)) is amended--
(A) by striking ``or'' at the end of paragraph
(21);
(B) by striking the period at the end of paragraph
(22) and inserting ``; or''; and
(C) by inserting after paragraph (22) the following
new paragraph:
``(23) which are inpatient or outpatient hospital services
or facility services furnished in an ambulatory surgical
facility if in the provision of such services there occurred a
type of event (such as a surgical event, product or device
event, patient protection event, care management event,
environmental event, or criminal event) which the Secretary has
determined, based on a consensus process involving clinicians,
quality experts, health care providers, and patients, which
should never occur.''.
(2) Potential application of nqf ``never events'' lists.--
Nothing in section 1862(a)(23) of the Social Security Act, as
inserted by paragraph (1), shall be construed as preventing the
Secretary of Health and Human Services from applying all (or a
subset of) the events that are listed and endorsed as ``serious
reportable events'' (also known as ``never events)'' by the
National Quality Forum as of November 16, 2006, (or such
subsequent, revised list of such events issued by such Forum as
the Secretary may specify) as events described in such section.
(3) Conforming amendments.--
(A) Section 1834(j)(4)(C) of the Social Security
Act (42 U.S.C. 1395m(j)(4)(C)) is amended by striking
``or 1862(a)(23)'' after ``1862(a)(1)''.
(B) Section 1842(l) of such Act (42 U.S.C.
1395u(l)) is amended--
(i) in paragraph (1)(A)(iii)--
(I) by striking ``or (II)'' and
inserting ``, (II)''; and
(II) by inserting ``, or (III)
payment under this title is denied
under section 1862(a)(23)'' after
``section 1154(a)(1)(B)''; and
(ii) in paragraph (2), by inserting ``or
1862(a)(23)'' after ``1862(a)(1)''.
(C) Section 1866(a)(1)(K) of such Act (42 U.S.C.
1395cc(a)(1)(K)) is amended by inserting ``or is denied
under section 1862(a)(23)'' after ``1154(a)(1)(B)''.
(4) Report on disclosure.--Not later than January 1, 2009,
the Secretary of Health and Human Services shall submit to
Congress a report on a process for public disclosure on never
events described in section 1862(a)(24) of the Social Security
Act, as inserted by paragraph (1)(C), which will ensure
protection of patient privacy and will permit the use of the
disclosed information for a root cause analysis to inform the
public and the medical community about safety issues involved.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act and
shall apply to payments for--
(A) inpatient hospital services for discharges
occurring on or after October 1, 2007; and
(B) outpatient hospital services and facility
services in an ambulatory surgical center furnished on
or after January 1, 2008. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to provide additional amounts to eliminate the remainder of SCHIP funding shortfalls for FY2007.
Amends SSA title XIX (Medicaid) to require the use of tamper-resistant prescription pads under the Medicaid program.
Repeals the limited continuous enrollment provision for certain beneficiaries under the Medicare Advantage Program.
Denies payments for hospital or ambulatory surgical center services if in their provision there occurred a type of event which should never occur (events that directly harm patients). | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to eliminate the remainder of funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007, and for other purposes."} | 2,081 | 136 | 0.369626 | 1.080755 | 0.581571 | 3 | 16.149533 | 0.850467 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prioritizing Debt Reduction in U.S.
Foreign Assistance Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on the
Budget of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on the Budget of
the House of Representatives.
(2) Major foreign debt holder.--The term ``major foreign
debt holder'' means any foreign country the government of which
the Secretary of the Treasury determines holds more than
$500,000,000,000 in United States Treasury securities.
(3) United states treasury securities.--The term ``United
States Treasury securities'' means obligations issued by the
United States under chapter 31 of title 31, United States Code.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Federal debt of the United States is approximately
$17 trillion.
(2) Former Joint Chiefs of Staff Chairman, Admiral Mike
Mullen, has repeatedly stated that the biggest threat to the
national security of the United States is its debt.
(3) A growing proportion of the Federal debt of the United
States is held by foreign governments, to some of which the
United States provides direct foreign assistance.
(4) According to a Department of the Treasury report
entitled ``Major Foreign Holders of Treasury Securities'',
foreign holdings of United States Treasury securities stood at
more than $4 trillion at the end of December 2012.
(5) In August 2011, Standard and Poor's downgraded the
United States long-term sovereign credit from AAA to AA+ due to
America's excessive borrowing and unsustainable spending
levels.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the growing Federal debt of the United States
jeopardizes the national security and economic stability of the
United States; and
(2) paying money owed to America's major foreign debt
holders is a better use of American taxpayer dollars than
providing such debt holders with United States foreign
assistance.
SEC. 5. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) prohibit further United States foreign assistance to
major foreign debt holders; and
(2) aggressively address the unsustainable Federal debt of
the United States.
SEC. 6. PROHIBITION ON ASSISTANCE TO MAJOR FOREIGN DEBT HOLDERS.
Chapter 1 of part III of the Foreign Assistance Act of 1961 is
amended by adding at the end the following new section:
``SEC. 620N. PROHIBITION ON ASSISTANCE TO MAJOR FOREIGN DEBT HOLDERS.
``(a) Prohibition.--Except as provided in subsection (b), no
assistance may be provided directly or indirectly under this Act to any
foreign country the government of which the Secretary of the Treasury
determines holds more than $500,000,000,000 in United States Treasury
securities.
``(b) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Assistance to respond to an emergency.
``(2) Assistance to meet humanitarian needs, including
needs for food, medicine, medical supplies and equipment,
education, and clothing.
``(c) Waiver.--The Secretary of State may waive the prohibition
under subsection (a) if the Secretary submits to the appropriate
congressional committees a written certification that the waiver is in
the national security interests of the United States.
``(d) Definitions.--In this section--
``(1) the term `appropriate congressional committees'
means--
``(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on the
Budget of the Senate; and
``(B) the Committee on Foreign Affairs, the
Committee on Appropriations, and the Committee on the
Budget of the House of Representatives; and
``(2) the term `United States Treasury securities' means
obligations issued by the United States under chapter 31 of
title 31, United States Code.''.
SEC. 7. REPORT ON ASSISTANCE TO FOREIGN DEBT HOLDERS.
(a) Annual Report.--Not later than September 30 of each year, the
Secretary of State shall submit to the appropriate congressional
committees a report on the provision of United States foreign
assistance to foreign countries whose governments hold United States
Treasury securities.
(b) Content of Report.--Each report submitted under this section
shall include the following:
(1) An analysis of the current and foreseeable risks to the
long-term national security and economic stability of the
United States posed by the Federal debt of the United States.
(2) How much foreign assistance per country, per year, has
been provided to foreign countries whose governments hold
United States Treasury securities.
(c) Form.--Each report submitted under this section shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(d) Public Availability.--The Secretary of State shall make each
report required by subsection (a) available, in its unclassified form,
to the public by posting it on the Internet website of the Department
of State in a conspicuous manner and location. | Prioritizing Debt Reduction in U.S. Foreign Assistance Act of 2013 - Expresses the sense of Congress that: (1) the growing federal debt jeopardizes U.S. national security and economic stability, and (2) paying money owed to America's major foreign debt holders is a better use of American taxpayer dollars than providing such debt holders with foreign assistance. Amends the Foreign Assistance Act of 1961 to prohibit, with specified exceptions, assistance to any country whose government holds more than $500 billion in U.S. Treasury securities. Directs the Secretary of State to report to Congress on the provision of U.S. foreign assistance to countries whose governments hold U.S. Treasury securities. | {"src": "billsum_train", "title": "Prioritizing Debt Reduction in U.S. Foreign Assistance Act of 2013"} | 1,173 | 152 | 0.608196 | 1.737599 | 0.761212 | 4.719008 | 9 | 0.933884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year (or,
if applicable, for each fiscal year in a biennium) does not become law
before the beginning of such fiscal year or a joint resolution making
continuing appropriations is not in effect, there are appropriated, out
of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, such sums
as may be necessary to continue any project or activity for which funds
were provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year;
``(C) the rate of operations provided for in the regular
appropriation bill as passed by the House of Representatives or
the Senate for the fiscal year in question, except that the
lower of these two versions shall be ignored for any project or
activity for which there is a budget request if no funding is
provided for that project or activity in either version; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) Notwithstanding any other provision of this Act, this Act
imposes no prohibition on funds being expended--
``(1) to prepare or publish final regulations regarding a
commercial leasing program for oil shale resources on public
lands pursuant to section 369(d) of the Energy Policy Act of
2005 (Public Law 109-58) or to conduct an oil shale lease sale
pursuant to subsection 369(e) of such Act;
``(2) by the Department of the Interior for the conduct of
offshore preleasing, leasing and related activities placed
under restriction in the President's moratorium statement of
June 12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and the
eastern Gulf of Mexico south of 26 degrees north latitude and
east of 86 degrees west longitude; or
``(3) by the Department of the Interior to conduct oil and
natural gas preleasing, leasing and related activities in the
mid-Atlantic and South Atlantic planning areas.
``(g) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, Food and Drug
Administration, and related agencies programs.
``(2) The Departments of Commerce, Justice, Science, and
related agencies.
``(3) The Department of Defense.
``(4) Energy and water development, and related agencies.
``(5) Financial services and general government.
``(6) The Department of Homeland Security.
``(7) The Department of the Interior, environment, and
related agencies.
``(8) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(9) The legislative branch.
``(10) Military construction and veterans affairs.
``(11) The Department of State, foreign operations, and
related programs.
``(12) The Departments of Transportation, Housing and Urban
Development, and related agencies.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''. | Government Shutdown Prevention Act - Provides for automatic continuing appropriations if any regular appropriation for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year, or a joint resolution making continuing appropriations is not in effect.
Appropriates amounts necessary to continue any project or activity for which funds were provided in the preceding fiscal year: (1) in the corresponding regular appropriation Act for such preceding fiscal year; or (2) if such legislation did not become law, then in the joint resolution making continuing appropriations for such preceding fiscal year.
Requires the appropriations and funds made available, and authority granted, for any fiscal year for a project or activity to be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of: (1) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or (2) the last day of such fiscal year.
Declares that this Act imposes no prohibition on the expenditure of funds: (1) to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands pursuant to the Energy Policy Act of 2005 or to conduct an oil shale lease sale; (2) by the Department of the Interior for the conduct of offshore preleasing, leasing, and related activities placed under restriction in the President's moratorium statement of June 12, 1998, in specified areas; or (3) by the Department to conduct oil and natural gas preleasing, leasing and related activities in the mid-Atlantic and South Atlantic planning areas. | {"src": "billsum_train", "title": "To prevent Government shutdowns."} | 1,465 | 392 | 0.687378 | 1.958985 | 0.926715 | 7.169096 | 4.12828 | 0.976676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports an individual who has not attained
the age of 18 years across a State line, with the intent that
such individual obtain an abortion, and thereby in fact
abridges the right of a parent under a law requiring parental
involvement in a minor's abortion decision, in force in the
State where the individual resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the individual, in a State other than the State
where the individual resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the individual resides.
``(b) Exceptions.--(1) The prohibition of subsection (a) does not
apply if the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder, physical
injury, or physical illness, including a life endangering physical
condition caused by or arising from the pregnancy itself.
``(2) An individual transported in violation of this section, and
any parent of that individual, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this section, or an
offense under section 2 or 3 based on a violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the
individual or other compelling facts, that before the individual
obtained the abortion, the parental consent or notification, or
judicial authorization took place that would have been required by the
law requiring parental involvement in a minor's abortion decision, had
the abortion been performed in the State where the individual resides.
``(d) Civil Action.--Any parent who suffers legal harm from a
violation of subsection (a) may obtain appropriate relief in a civil
action.
``(e) Definitions.--For the purposes of this section--
``(1) a law requiring parental involvement in a minor's
abortion decision is a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides,
who is designated by the law requiring parental involvement in
the minor's abortion decision as a person to whom notification,
or from whom consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion.
Passed the House of Representatives April 17, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions."} | 1,112 | 281 | 0.64675 | 1.878493 | 0.95251 | 5.004329 | 4.242424 | 0.917749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Independence Act of 2001''.
SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN.
(a) Strategic Plan.--The Secretary of Energy shall develop, and
transmit to the Congress within 1 year after the date of the enactment
of this Act, a strategic plan to ensure that the United States is
energy self-sufficient by the year 2011. The plan shall include
recommendations for legislative and regulatory actions needed to
accomplish that goal.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $20,000,000 for carrying out
this section.
SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM.
(a) Program.--The Secretary of Energy shall establish a program for
the acquisition of--
(1) up to 100 commercially available 200 kilowatt fuel cell
power plants;
(2) up to 20 megawatts of power generated from commercially
available fuel cell power plants; or
(3) a combination thereof,
for use at federally owned or operated facilities. The Secretary shall
provide funding for purchase, site engineering, installation, startup,
training, operation, and maintenance costs associated with the
acquisition of such power plants, along with any other necessary
assistance.
(b) Domestic Assembly.--All fuel cell systems and fuel cell stacks
in power plants acquired, or from which power is acquired, under
subsection (a) shall be assembled in the United States.
(c) Site Selection.--In the selection of federally owned or
operated facilities as a site for the location of power plants acquired
under this section, or as a site to receive power acquired under this
section, priority shall be given to sites with 1 or more of the
following attributes:
(1) Location (of the Federal facility or the generating
power plant) in an area classified as a nonattainment area
under title I of the Clean Air Act.
(2) Computer or electronic operations that are sensitive to
power supply disruptions.
(3) Need for a reliable, uninterrupted power supply.
(4) Remote location, or other factors requiring off-grid
power generation.
(5) Critical manufacturing or other activities that support
national security efforts.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $140,000,000 for the period
encompassing fiscal years 2002 through 2004 for carrying out this
section.
SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS.
(a) In General.--
(1) Establishment.--The President, in coordination with the
Secretary of Energy, the Secretary of Transportation, the
Secretary of Defense, and the Secretary of Housing and Urban
Development, shall establish a program for the demonstration of
fuel cell proton exchange membrane technology in the areas of
responsibility of those Secretaries with respect to commercial,
residential, and transportation applications, including buses.
Such program shall specifically focus on promoting the
application of and improved manufacturing production and
processes for proton exchange membrane fuel cell technology.
(2) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $140,000,000 for the period encompassing fiscal
years 2002 through 2004.
(b) Bus Demonstration Program.--
(1) Establishment.--The President, in coordination with the
Secretary of Energy and the Secretary of Transportation, shall
establish a comprehensive proton exchange membrane fuel cell
bus demonstration program to address hydrogen production,
storage, and use in transit bus applications. Such program shall cover
all aspects of the introduction of this new technology, and shall
include the following components:
(A) Development, installation, and operation of a
hydrogen delivery system located on-site at transit bus
terminals.
(B) Development, installation, and operation of on-
site storage associated with the hydrogen delivery
systems as well as storage tank systems incorporated
into the bus itself.
(C) Demonstration of use of hydrogen as a
practical, safe, renewable energy source in a highly
efficient, zero-emission power system for buses.
(D) Development of a hydrogen proton exchange
membrane fuel cell power system that is confirmed and
verified as being compatible with transit bus
application requirements.
(E) Durability testing of the fuel cell bus at a
national testing facility.
(F) Identification and implementation of necessary
codes and standards for the safe use of hydrogen as a
fuel suitable for bus application, including the fuel
cell power system and related operational facilities.
(G) Identification and implementation of
maintenance and overhaul requirements for hydrogen
proton exchange membrane fuel cell transit buses.
(H) Completion of fleet vehicle evaluation program
by bus operators along normal transit routes, providing
equipment manufacturers and transit operators with the
necessary analyses to enable operation of the hydrogen
proton exchange membrane fuel cell bus under a range of
operating environments.
(2) Domestic assembly.--All fuel cell systems and fuel cell
stacks in power plants acquired, or from which power is
acquired, under paragraph (1) shall be assembled in the United
States.
(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $150,000,000 for the period encompassing fiscal
years 2002 through 2004.
SEC. 5. FEDERAL VEHICLES.
Each agency of the Federal Government that maintains a fleet of
motor vehicles shall develop a plan for a transition of the fleet to
vehicles powered by fuel cell technology. Each such plan shall include
implementation beginning by fiscal year 2006, to be completed by fiscal
year 2011. Each plan shall incorporate and build on the results of
completed and ongoing Federal demonstration programs, including the
program established under section 4, and shall include additional
demonstration programs and pilot programs as necessary to test or
investigate available technologies and transition procedures.
SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS.
Any life-cycle cost benefit analysis undertaken by a Federal agency
with respect to investments in products, services, construction, and
other projects shall include an analysis of environmental and power
reliability factors.
SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES.
(a) Grant Program.--The Secretary of Energy shall establish a
program for making grants to State or local governments for the use of
fuel cell technology in meeting their energy requirements, including
the use as a source of power for motor vehicles. Each grant made under
this section shall require at least a 10 percent matching contribution
from the State or local government recipient.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy $110,000,000 for each of the
fiscal years 2002 through 2006 for carrying out this section. | Energy Independence Act of 2001 - Directs the Secretary of Energy to: (1) develop and transmit to Congress a strategic plan to ensure that the United States is energy self-sufficient by the year 2011; and (2) develop a program for the acquisition of certain commercially available fuel cell power plants and power generated therefrom for use at federally owned or operated facilities.Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas of responsibility; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications.Requires each Federal agency that maintains a motor vehicle fleet to develop a plan for fleet transition to vehicles powered by fuel cell technology.Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. | {"src": "billsum_train", "title": "To ensure the energy self-sufficiency of the United States by 2011, and for other purposes."} | 1,426 | 221 | 0.608395 | 1.666721 | 0.791108 | 4.229268 | 6.609756 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Access to Capital Act
of 2016''.
TITLE I--ACCELERATING ACCESS TO CAPITAL
SEC. 101. EXPANDED ELIGIBILITY FOR USE OF FORM S-3.
Not later than 45 days after the date of the enactment of this Act,
the Securities and Exchange Commission shall revise Form S-3--
(1) so as to permit securities to be registered pursuant to
General Instruction I.B.1. of such form provided that either--
(A) the aggregate market value of the voting and
non-voting common equity held by non-affiliates of the
registrant is $75,000,000 or more; or
(B) the registrant has at least one class of common
equity securities listed and registered on a national
securities exchange; and
(2) so as to remove the requirement of paragraph (c) from
General Instruction I.B.6. of such form.
TITLE II--MICRO-OFFERING SAFE HARBOR
SEC. 201. EXEMPTIONS FOR MICRO-OFFERINGS.
(a) In General.--Section 4 of the Securities Act of 1933 (15 U.S.C.
77d) is amended--
(1) in subsection (a), by adding at the end the following:
``(8) transactions meeting the requirements of subsection
(f).''; and
(2) by adding at the end the following:
``(f) Certain Micro-Offerings.--
``(1) In general.--Except as provided in paragraph (2), the
transactions referred to in subsection (a)(8) are transactions
involving the sale of securities by an issuer (including all
entities controlled by or under common control with the issuer)
that meet all of the following requirements:
``(A) Pre-existing relationship.--Each purchaser
has a substantive pre-existing relationship with an
officer of the issuer, a director of the issuer, or a
shareholder holding 10 percent or more of the shares of
the issuer.
``(B) 35 or fewer purchasers.--There are no more
than, or the issuer reasonably believes that there are
no more than, 35 purchasers of securities from the
issuer that are sold in reliance on the exemption
provided under subsection (a)(8) during the 12-month
period preceding such transaction.
``(C) Small offering amount.--The aggregate amount
of all securities sold by the issuer, including any
amount sold in reliance on the exemption provided under
subsection (a)(8), during the 12-month period preceding
such transaction, does not exceed $500,000.
``(2) Disqualification.--
``(A) In general.--The exemption provided under
subsection (a)(8) shall not be available for a
transaction involving a sale of securities if any
person described in subparagraph (B) would have
triggered disqualification pursuant to section
230.506(d) of title 17, Code of Federal Regulations.
``(B) Persons described.--The persons described in
this subparagraph are the following:
``(i) The issuer.
``(ii) Any predecessor of the issuer.
``(iii) Any affiliated issuer.
``(iv) Any director, executive officer,
other officer participating in the offering,
general partner, or managing member of the
issuer.
``(v) Any beneficial owner of 20 percent or
more of the issuer's outstanding voting equity
securities, calculated on the basis of voting
power.
``(vi) Any promoter connected with the
issuer in any capacity at the time of such
sale.
``(vii) Any investment manager of an issuer
that is a pooled investment fund.
``(viii) Any person that has been or will
be paid (directly or indirectly) remuneration
for solicitation of purchasers in connection
with such sale of securities.
``(ix) Any general partner or managing
member of any such investment manager or
solicitor.
``(x) Any director, executive officer, or
other officer participating in the offering of
any such investment manager or solicitor or
general partner or managing member of such
investment manager or solicitor.''.
(b) Exemption Under State Regulations.--Section 18(b)(4) of the
Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) section 4(a)(8).''.
TITLE III--PRIVATE PLACEMENT IMPROVEMENT
SEC. 301. REVISIONS TO SEC REGULATION D.
Not later than 45 days following the date of the enactment of this
Act, the Securities and Exchange Commission shall revise Regulation D
(17 CFR 501 et seq.) in accordance with the following:
(1) The Commission shall revise Form D filing requirements
to require an issuer offering or selling securities in reliance
on an exemption provided under Rule 506 of Regulation D to file
with the Commission a single notice of sales containing the
information required by Form D for each new offering of
securities no earlier than 15 days after the date of the first
sale of securities in the offering. The Commission shall not
require such an issuer to file any notice of sales containing
the information required by Form D except for the single notice
described in the previous sentence.
(2) The Commission shall make the information contained in
each Form D filing available to the securities commission (or
any agency or office performing like functions) of each State
and territory of the United States and the District of
Columbia.
(3) The Commission shall not condition the availability of
any exemption for an issuer under Rule 506 of Regulation D (17
CFR 230.506) on the issuer's or any other person's filing with
the Commission of a Form D or any similar report.
(4) The Commission shall not require issuers to submit
written general solicitation materials to the Commission in
connection with a Rule 506(c) offering, except when the
Commission requests such materials pursuant to the Commission's
authority under section 8A or section 20 of the Securities Act
of 1933 (15 U.S.C. 77h-1 or 77t) or section 9, 10(b), 21A, 21B,
or 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78i,
78j(b), 78u-1, 78u-2, or 78u-3).
(5) The Commission shall not extend the requirements
contained in Rule 156 to private funds.
(6) The Commission shall revise Rule 501(a) of Regulation D
to provide that a person who is a ``knowledgeable employee'' of
a private fund or the fund's investment adviser, as defined in
Rule 3c-5(a)(4) (17 CFR 270.3c-5(a)(4)), shall be an accredited
investor for purposes of a Rule 506 offering of a private fund
with respect to which the person is a knowledgeable employee.
Passed the House of Representatives September 8, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Accelerating Access to Capital Act of 2016 TITLE I--ACCELERATING ACCESS TO CAPITAL (Sec. 101) This bill directs the Securities and Exchange Commission (SEC) to revise Form S-3 (a simplified securities registration form for companies that have already met other reporting requirements) so as to permit securities to be registered pursuant to General Instruction I.B.1. of the form if: (1) the aggregate market value of voting and non-voting common equity held by non-affiliates of the registrant is $75 million or more, or (2) the registrant has at least one class of common equity securities listed and registered on a national securities exchange. The SEC must remove a certain listing and registration requirement from General Instruction I.B.6. of Form S-3. TITLE II--MICRO-OFFERING SAFE HARBOR (Sec. 201) The Securities Act of 1933 is amended to exempt from specified prohibitions against the sale or delivery after sale of unregistered securities, among other things, transactions involving the sale of securities by an issuer of micro-offerings if: each purchaser has a substantive pre-existing relationship with either an officer or director of the issuer, or with a shareholder holding 10% or more of the issuer's shares; during the 12-month period preceding the transaction there are no more than 35 purchasers of such micro-offerings sold in reliance on this exemption; and the aggregate amount of all securities sold by the issuer (including any amount sold in reliance upon the exemption) during the 12-month period preceding the transaction does not exceed $500,000. The exemption shall not apply, however, to transactions involving a sale of securities if issuers, officers, beneficial owners, promotors, investment managers, or other specified persons would have triggered the SEC's "bad actor" disqualification standards for certain previous securities violations or criminal convictions. These bad actors are prohibited from participating in a micro-offering. The bill also exempts such micro-offerings from state regulation of securities offerings. TITLE III--PRIVATE PLACEMENT IMPROVEMENT (Sec. 301) The SEC must revise the filing requirements of Regulation D (which provides exemptions from securities registration requirements) to require an issuer that offers or sells securities in reliance upon a certain exemption from registration (for limited offers and sales without regard to the dollar amount of the offering [Rule 506]) to file, no earlier than 15 days after the date of first sale of such securities, a single notice of sales containing the information required by Form D (used to file a notice of an exempt offering of securities under Regulation D) for each new offering of securities. The SEC shall not: (1) require the issuer to file any notice of sales containing the information required by Form D except for this single notice; (2) condition the availability of the Rule 506 exemption upon the filing of a Form D or similar report; or (3) require issuers to submit written general solicitation materials in connection with a limited offering subject to Rule 506, except when it requests such materials pursuant to specified authority. The SEC shall revise a specified rule, regarding a Rule 506 offering of a private fund, to characterize as an accredited investor a "knowledgeable employee" of that private fund or the fund's investment adviser. The SEC shall not extend to private funds the requirements governing investment company sales literature. | {"src": "billsum_train", "title": "Accelerating Access to Capital Act of 2016"} | 1,618 | 773 | 0.760715 | 2.4494 | 0.895985 | 3.428793 | 2.229102 | 0.871517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Stay Protection Act''.
SEC. 2. STANDARD RELATING TO HOSPITAL LENGTHS OF STAY.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act, as amended by section
703(a) of Public Law 104-204, is amended by adding at
the end the following new section:
``SEC. 2706. STANDARD RELATING TO HOSPITAL LENGTHS OF STAY.
``(a) Requirement.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, shall ensure that inpatient coverage is provided for
a period of time as is determined by a physician, in consultation with
the patient, to be medically appropriate.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny eligibility, or continued eligibility, to enroll
or to renew coverage under the terms of the plan, solely for
the purpose of avoiding the minimum coverage requirements of
subsection (a);
``(2) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to a participant or beneficiary in accordance with this
section;
``(3) provide incentives (monetary or otherwise) to a
provider to induce such provider to keep the length of
inpatient stays of patients below certain levels; or
``(4) require preauthorization for determination of a
length of stay.
``(c) Appeals Process and Penalty.--The Secretary, in consultation
with the Secretary of Labor shall establish--
``(1) a process for a participant, enrollee, or beneficiary
to appeal the decision of a plan or issuer; and
``(2) a penalty for plans or issuers that violate the
provisions of this section.
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2706''.
(2) Amendments to the employee retirement income security
act of 1974.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 713. STANDARDS FOR HOSPITAL LENGTHS OF STAY.
``(a) Requirement.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, shall ensure that inpatient coverage is provided for
a period of time as is determined by a physician, in consultation with
the patient, to be medically appropriate.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny eligibility, or continued eligibility, to enroll
or to renew coverage under the terms of the plan, solely for
the purpose of avoiding the minimum coverage requirements of
subsection (a);
``(2) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to a participant or beneficiary in accordance with this section;
``(3) provide incentives (monetary or otherwise) to a
provider to induce such provider to keep the length of
inpatient stays of patients below certain levels; or
``(4) require preauthorization for determination of a
length of stay.
``(c) Appeals Process and Penalty.--The Secretary, in consultation
with the Secretary of Health and Human Services shall establish--
``(1) a process for a participant, enrollee, or beneficiary
to appeal the decision of a plan or issuer; and
``(2) a penalty for plans or issuers that violate the
provisions of this section.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Conforming and clerical amendments.--(i) Section 731(c)
of such Act (29 U.S.C. 1191(c)) is amended by striking
``section 711'' and inserting ``sections 711 and 713''.
(ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 713''.
(iii) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standard for hospital lengths of stay.''.
(b) Individual Health Insurance.--
(1) In general.--Subpart 3 of part B of title XXVII of the
Public Health Service Act is amended by adding at the end the
following new section:
``SEC. 2752. STANDARDS FOR HOSPITAL LENGTHS OF STAY.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
they apply to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2752''.
(c) Effective Dates.--
(1) Group market reforms.--
(A) In general.--The amendments made by subsections
(a) and (b) shall apply with respect to plan years
beginning on or after January 1, 1999.
(B) Special rule for collective bargaining
agreements.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or
more employers ratified before such date, the
amendments made by such subsections shall not apply to
plan years beginning before the later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
enactment of this Act), or
(ii) January 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by such subsections shall not be
treated as a termination of such collective bargaining
agreement.
(2) Individual market amendments.--The amendments made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after January 1, 1999.
(d) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''. | Hospital Stay Protection Act - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plans and individual health insurance coverage to establish hospital lengths of stay based on a determination by an appropriate physician in consultation with the patient.
Amends the Health Insurance Portability and Accountability Act of 1996 to require related and coordinated regulations under PHSA, ERISA, and the Internal Revenue Code. | {"src": "billsum_train", "title": "Hospital Stay Protection Act"} | 1,958 | 100 | 0.509627 | 1.137443 | 0.550796 | 2.797619 | 20.333333 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Unfair Labor Practices.--Section 8(b)(1) of the National Labor
Relations Act (29 U.S.C. 158(b)(1)) is amended by striking ``restrain
or'' and inserting ``interfere with, restrain, or''.
(b) Representatives and Elections.--Section 9 of the National Labor
Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (a)--
(A) by striking ``designated or selected for the
purposes of collective bargaining'' and inserting ``for
the purposes of collective bargaining selected by
secret ballot in an election conducted by the Board,'';
and
(B) by inserting before the period the following:
``: Provided further, That, for purposes of determining
the majority of the employees in a secret ballot
election in a unit, the term `majority' shall mean the
majority of all the employees in the unit, and not the
majority of employees voting in the election''; and
(2) in subsection (e), by adding at the end the following:
``(3) Whenever any certified or voluntarily recognized bargaining
unit existing on or after the date of enactment of the Employee Rights
Act experiences turnover, expansion, or alteration by merger of unit
represented employees exceeding 50 percent of the bargaining unit on
such date and (A) the unit represented employees are covered by a
negotiated and agreed-upon collective bargaining agreement in effect
between a labor organization representative and an employer, the Board
shall conduct a secret paper ballot election among the represented
employees in the bargaining unit between the 120th day and 110th day
prior to the collective bargaining agreement's expiration or prior to
the conclusion of three years, whichever occurs earlier, or (B) there
is no negotiated collective bargaining agreement then in effect between
a labor organization and an employer, the Board shall conduct a secret
paper ballot election among the represented employees in the bargaining
unit within 30 days. Thereafter, a secret ballot election shall again
be conducted under the same conditions and procedures whenever the
recognized bargaining unit experiences turnover, expansion, or
alteration by merger of unit represented employees exceeding 50 percent
of the bargaining unit then in existence at the time of the preceding
secret paper ballot election. The election shall be conducted without
regard to the pendency of any unfair labor practice charge against the
employer or the labor organization representative and the Board shall
rule on any objections to the election pursuant to its established
timeframes for resolving such matters. If a majority of the votes cast
in a valid election reject the continuing representation by the labor
organization, the Board shall withdraw the labor organization's
certification, the labor organization shall cease representation of
employees in the bargaining unit, and any obligations to or on behalf
of the labor organization in a collectively bargained contract then in
effect shall terminate.''.
(c) Fair Representation in Elections.--Section 9 of the National
Labor Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (b), by inserting ``prior to an
election'' after ``in each case''; and
(2) in subsection (c)--
(A) in the flush matter following paragraph
(1)(B)--
(i) by inserting ``of 14 days in advance''
after ``appropriate hearing upon due notice'';
(ii) by inserting ``, and a review of post-
hearing appeals,'' after ``the record of such
hearing''; and
(iii) by adding at the end the following:
``The employer shall provide the Board a list
consisting only of employee names and home
addresses of all eligible voters within 7 days
following the Board's determination of the
appropriate unit or following any agreement
between the employer and the labor organization
regarding the eligible voters. Any employee may
elect to be excluded from such list by
notifying the employer in writing.''; and
(B) by adding at the end the following:
``(6)(A) No election shall take place after the filing of any
petition unless and until--
``(i) a hearing is conducted before a qualified hearing
officer in accordance with due process on any and all material,
factual issues regarding jurisdiction, statutory coverage,
appropriate unit, unit inclusion or exclusion, or eligibility
of individuals; and
``(ii) the issues are resolved by a Regional Director,
subject to appeal and review, or by the Board.
``(B) No election results shall be final and no labor organization
shall be certified as the bargaining representative of the employees in
an appropriate unit unless and until the Board has ruled on--
``(i) each pre-election issue not resolved before the
election; and
``(ii) the Board conducts a hearing in accordance with due
process and resolves each issue pertaining to the conduct or
results of the election.''.
(d) Penalties.--Section 10 of the National Labor Relations Act (29
U.S.C. 160) is amended by inserting after the second sentence following
the second proviso, the following: ``Any labor organization found to
have interfered with, restrained, or coerced employees in the exercise
of their rights under section 7 to form or join a labor organization or
to refrain therefrom, including the filing of a decertification
petition, shall be liable for wages lost and labor organization dues or
fees collected unlawfully, if any, and an additional amount as
liquidated damages. Any labor organization found to have interfered
with, restrained, or coerced an employee in connection with the filing
of a decertification petition shall be prohibited from filing
objections to an election held pursuant to such petition.''.
SEC. 3. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
OF 1959.
(a) Definition.--Section 3(k) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking
``ballot, voting machine, or otherwise, but'' and inserting ``paper
ballot, voting machine, or electronic ballot cast in the privacy of a
voting booth and''.
(b) Rights of Members.--Section 101(a)(1) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)(1)) is amended
by adding at the end the following: ``Every employee in a bargaining
unit represented by a labor organization, regardless of membership
status in the labor organization, shall have the same right as members
to vote by secret ballot regarding whether to ratify a collective
bargaining agreement with, or to engage in a strike or refusal to work
of any kind against, their employer.''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, or assessments or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
(d) Limitations.--Section 101(a) of the Labor-Management Reporting
and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended by adding at
the end the following:
``(6) Limitation.--No strike shall commence without the consent of
a majority of all represented unit employees affected, determined by a
secret ballot vote conducted by a neutral, private organization chosen
by agreement between the employer and the labor organization involved.
In any case in which the employer involved has made an offer for a
collective bargaining agreement, the represented unit employees
involved shall be provided the opportunity for a secret ballot vote on
such offer prior to any vote relating to the commencement of a strike.
The cost of any such election shall be borne by the labor
organization.''.
(e) Reporting by Labor Organizations.--Section 201(c) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is
amended--
(1) by inserting ``and the independently verified annual
audit report of the labor organization's financial condition
and operations'' after ``required to be contained in such
report'';
(2) by inserting ``and represented unit nonmembers'' after
``members'';
(3) by inserting ``and represented unit nonmember'' after
``any member'';
(4) by inserting ``and represented unit nonmember'' after
``such member'';
(5) by striking ``and'' after ``any books, records,''; and
(6) by inserting ``, and independently verified annual
audit report of the labor organization's financial condition
and operations'' before ``necessary to verify such report.''.
(f) Acts of Violence.--Section 610 of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is amended--
(1) by striking ``It shall'' and inserting ``(a) It
shall''; and
(2) by adding at the end the following:
``(b) It shall be unlawful for any person, through the use of force
or violence, or threat of the use of force or violence, to restrain,
coerce, or intimidate, or attempt to restrain, coerce, or intimidate
any person for the purpose of obtaining from any person any right to
represent employees or any compensation or other term or condition of
employment. Any person who willfully violates this subsection shall be
fined not more than $100,000 or imprisoned for not more than 10 years,
or both.
``(c) The lawfulness of a labor organization's objectives shall not
remove or exempt from the definition of extortion, as defined in
section 1951(b)(2) of title 18, United States Code, conduct by the
labor organization or its agents that otherwise constitutes extortion
as defined in such section.''. | Employee Rights Act This bill amends the National Labor Relations Act to: (1) make it an unlawful labor practice for a labor organization to interfere (currently, restrain or coerce) with the rights of employees to organize and collectively bargain; (2) require union recertification after a turnover in the workforce exceeding 50% of the bargaining unit; (3) require the National Labor Relations Board (NLRB) to give 14 days advance notice before a hearing investigating an election petition; and (4) require an employer to provide the NLRB with a list consisting only of employee names and addresses of all eligible voters within seven days after an NLRB determination of the appropriate bargaining unit or an agreement on eligible voters. The bill: (1) grants union and nonunion employees the right to vote by secret ballot on whether to ratify a collective bargaining agreement or engage in a strike, (2) prohibits the use of union dues for any purpose not directly related to collective bargaining, (3) prohibits a strike without the consent of a majority of all represented employees determined by secret ballot, and (4) prohibits the use or threat of force or violence to obtain the right to represent employees. | {"src": "billsum_train", "title": "Employee Rights Act"} | 2,477 | 249 | 0.527799 | 1.45455 | 0.729778 | 2.434783 | 9.469565 | 0.878261 |
SECTION. 1. PAYMENTS TO MEDICARE MANAGED CARE PLANS.
(a) In General.--Section 1876(a) of the Social Security Act (42
U.S.C. 1395mm(a)) is amended to read as follows:
``(a)(1)(A) The Secretary shall annually determine, and shall
announce (in a manner intended to provide notice to interested parties)
not later than August 1 before the calendar year concerned--
``(i) a per capita rate of payment for individuals who are
enrolled under this section with an eligible organization which
has entered into a risk-sharing contract and who are entitled
to benefits under part A and enrolled under part B, and
``(ii) a per capita rate of payment for individuals who are
so enrolled with such an organization and who are enrolled
under part B only.
For purposes of this section, the term ``risk-sharing contract'' means
a contract entered into under subsection (g) and the term ``reasonable
cost reimbursement contract'' means a contract entered into under
subsection (h).
``(B) The annual per capita rate of payment for each Medicare
payment area (as defined in paragraph (5)) shall be equal to the
adjusted capitation rate (as defined in paragraph (4)), adjusted by the
Secretary for--
``(i) individuals who are enrolled under this section with
an eligible organization which has entered into a risk-sharing
contract and who are enrolled under part B only; and
``(ii) such risk factors as age, disability status, gender,
institutional status, and such other factors as the Secretary
determines to be appropriate so as to ensure actuarial
equivalence. The Secretary may add to, modify, or substitute
for such factors, if such changes will improve the
determination of actuarial equivalence.
``(C) In the case of an eligible organization with a risk-sharing
contract, the Secretary shall make monthly payments in advance and in
accordance with the rate determined under subparagraph (B) and except
as provided in subsection (g)(2), to the organization for each
individual enrolled with the organization under this section.
``(D) The Secretary shall establish a separate rate of payment to
an eligible organization with respect to any individual determined to
have end-stage renal disease and enrolled with the organization. Such
rate of payment shall be actuarially equivalent to rates paid to other
enrollees in the payment area (or such other area as specified by the
Secretary).
``(E)(i) The amount of payment under this paragraph may be
retroactively adjusted to take into account any difference between the
actual number of individuals enrolled in the plan under this section
and the number of such individuals estimated to be so enrolled in
determining the amount of the advance payment.
``(ii)(I) Subject to subclause (II), the Secretary may make
retroactive adjustments under clause (i) to take into account
individuals enrolled during the period beginning on the date on which
the individual enrolls with an eligible organization (which has a risk-
sharing contract under this section) under a health benefit plan
operated, sponsored, or contributed to by the individual's employer or
former employer (or the employer or former employer of the individual's
spouse) and ending on the date on which the individual is enrolled in
the plan under this section, except that for purposes of making such
retroactive adjustments under this clause, such period may not exceed
90 days.
``(II) No adjustment may be made under subclause (I) with respect
to any individual who does not certify that the organization provided
the individual with the explanation described in subsection (c)(3)(E)
at the time the individual enrolled with the organization.
``(F)(i) At least 45 days before making the announcement under
subparagraph (A) for a year, the Secretary shall provide for notice to
eligible organizations of proposed changes to be made in the
methodology or benefit coverage assumptions from the methodology and
assumptions used in the previous announcement and shall provide such
organizations an opportunity to comment on such proposed changes.
``(ii) In each announcement made under subparagraph (A) for a year,
the Secretary shall include an explanation of the assumptions
(including any benefit coverage assumptions) and changes in methodology
used in the announcement in sufficient detail so that eligible
organizations can compute per capita rates of payment for individuals
located in each county (or equivalent medicare payment area) which is
in whole or in part within the service area of such an organization.
``(2) With respect to any eligible organization which has entered
into a reasonable cost reimbursement contract, payments shall be made
to such plan in accordance with subsection (h)(2) rather than paragraph
(1).
``(3) Subject to subsections (c)(2)(B)(ii) and (c)(7), payments
under a contract to an eligible organization under paragraph (1) or (2)
shall be instead of the amounts which (in the absence of the contract)
would be otherwise payable, pursuant to sections 1814(b) and 1833(a),
for services furnished by or through the organization to individuals
enrolled with the organization under this section.
``(4)(A) For purposes of this section, the `adjusted capitation
rate' for a medicare payment area (as defined in paragraph (5)) is
equal to the greatest of the following:
``(i) The sum of--
``(I) the area-specific percentage for the year (as
specified under subparagraph (B) for the year) of the
area-specific adjusted capitation rate for the year for
the medicare payment area, as determined under
subparagraph (C), and
``(II) the national percentage (as specified under
subparagraph (B) for the year) of the input-price-
adjusted national adjusted capitation rate for the
year, as determined under subparagraph (D),
multiplied by a budget neutrality adjustment factor determined
under subparagraph (E).
``(ii) An amount equal to--
``(I) in the case of 1998, 80 percent of the input-
price-adjusted national adjusted capitation rate for
the year, as determined under subparagraph (D); and
``(II) in the case of a succeeding year, the amount
specified in this clause for the preceding year
increased by the national average per capita growth
percentage specified under subparagraph (F) for that
succeeding year.
``(iii) An amount equal to--
``(I) in the case of 1998, 102 percent of the
annual per capita rate of payment for 1997 for the
medicare payment area (determined under this
subsection), as in effect on the day before the date of
enactment of this subclause; and
``(II) in the case of a subsequent year, 102
percent of the adjusted capitation rate under this
subsection for the area for the previous year.
``(B) For purposes of subparagraph (A)(i)--
``(i) for 1998, the `area-specific percentage' is 90
percent and the `national percentage' is 10 percent,
``(ii) for 1999, the `area-specific percentage' is 85
percent and the `national percentage' is 15 percent,
``(iii) for 2000, the `area-specific percentage' is 80
percent and the `national percentage' is 20 percent,
``(iv) for 2001, the `area-specific percentage' is 75
percent and the `national percentage' is 25 percent, and
``(v) for a year after 2001, the `area-specific percentage'
is 70 percent and the `national percentage' is 30 percent.
``(C) For purposes of subparagraph (A)(i), the area-specific
adjusted capitation rate for a medicare payment area--
``(i) for 1998, is the average of the annual per capita
rates of payment for the area for 1994 through 1997, after
adjusting the 1994 and 1995 rates of payment to 1997 dollars,
increased by the national average per capita growth percentage
for 1997 (as defined in subparagraph (F)); or
``(ii) for a subsequent year, is the area-specific adjusted
capitation rate for the previous year determined under this
subparagraph for the area, increased by the national average
per capita growth percentage for such subsequent year.
``(D)(i) For purposes of subparagraph (A)(i) and subparagraph
(A)(ii), the input-price-adjusted national adjusted capitation rate for
a medicare payment area for a year is equal to the sum, for all the
types of medicare services (as classified by the Secretary), of the
product (for each such type of service) of--
``(I) the national standardized adjusted capitation rate
(determined under clause (ii)) for the year,
``(II) the proportion of such rate for the year which is
attributable to such type of services, and
``(III) an index that reflects (for that year and that type
of services) the relative input price of such services in the
area compared to the national average input price of such
services.
In applying subclause (III), the Secretary shall, subject to clause
(iii), apply those indices under this title that are used in applying
(or updating) national payment rates for specific areas and localities.
``(ii) In clause (i)(I), the `national standardized adjusted
capitation rate' for a year is equal to--
``(I) the sum (for all medicare payment areas) of the
product of (aa) the area-specific adjusted capitation rate for
that year for the area under subparagraph (C), and (bb) the
average number of standardized medicare beneficiaries residing
in that area in the year; divided by
``(II) the total average number of standardized medicare
beneficiaries residing in all the medicare payment areas for
that year.
``(iii) In applying this subparagraph for 1998--
``(I) medicare services shall be divided into 2 types of
services: part A services and part B services;
``(II) the proportions described in clause (i)(II) for such
types of services shall be--
``(aa) for part A services, the ratio (expressed as
a percentage) of the national average annual per capita
rate of payment for part A for 1997 to the total
average annual per capita rate of payment for parts A
and B for 1997, and
``(bb) for part B services, 100 percent minus the
ratio described in item (aa);
``(III) for part A services, 70 percent of payments
attributable to such services shall be adjusted by the index
used under section 1886(d)(3)(E) to adjust payment rates for
relative hospital wage levels for hospitals located in the
payment area involved; and
``(IV) for part B services--
``(aa) 66 percent of payments attributable to such
services shall be adjusted by the index of the
geographic area factors under section 1848(e) used to
adjust payment rates for physicians' services furnished
in the payment area, and
``(bb) of the remaining 34 percent of the amount of
such payments, 70 percent shall be adjusted by the
index described in subclause (III).
The Secretary may continue to apply the rules described in this clause
(or similar rules) for 1999.
``(E) For each year, the Secretary shall compute a budget
neutrality adjustment factor so that the aggregate of the payments
under this section shall be equal to the aggregate payments that would
have been made under this section if the area-specific percentage for
the year had been 100 percent and the national percentage had been 0
percent.
``(F) In this section, the `national average per capita growth
percentage' is equal to the percentage growth in medicare fee-for-
service per capita expenditures, which the Secretary shall project for
each year.
``(5)(A) In this section, except as provided in subparagraph (C),
the term `medicare payment area' means a county, or equivalent area
specified by the Secretary.
``(B) In the case of individuals who are determined to have end
stage renal disease, the medicare payment area shall be specified by
the Secretary.
``(C)(i) Upon written request of the Chief Executive Officer of a
State for a contract year (beginning after 1997) made at least 7 months
before the beginning of the year, the Secretary shall adjust the system
under which medicare payment areas in the State are otherwise
determined under subparagraph (A) to a system which--
``(I) has a single statewide medicare payment area,
``(II) is a metropolitan based system described in clause
(iii), or
``(III) which consolidates into a single medicare payment
area noncontiguous counties (or equivalent areas described in
subparagraph (A)) within a State.
Such adjustment shall be effective for payments for months beginning
with January of the year following the year in which the request is
received.
``(ii) In the case of a State requesting an adjustment under this
subparagraph, the Secretary shall adjust the payment rates otherwise
established under this section for medicare payment areas in the State
in a manner so that the aggregate of the payments under this section in
the State shall be equal to the aggregate payments that would have been
made under this section for medicare payment areas in the State in the
absence of the adjustment under this subparagraph.
``(iii) The metropolitan based system described in this clause is
one in which--
``(I) all the portions of each metropolitan statistical
area in the State or in the case of a consolidated metropolitan
statistical area, all of the portions of each primary
metropolitan statistical area within the consolidated area
within the State, are treated as a single medicare payment
area, and
``(II) all areas in the State that do not fall within a
metropolitan statistical area are treated as a single medicare
payment area.
``(iv) In clause (iii), the terms `metropolitan statistical area',
`consolidated metropolitan statistical area', and `primary metropolitan
statistical area' mean any area designated as such by the Secretary of
Commerce.
``(6) Subject to subsections (c)(2)(B)(ii) and (c)(7), if an
individual is enrolled under this section with an eligible organization
having a risk-sharing contract, only the eligible organization shall be
entitled to receive payments from the Secretary under this title for
services furnished to the individual.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1997. | Amends title XVIII (Medicare) of the Social Security Act to revise the formulae for payments to health maintenance organizations and competitive medical plans.
Provides for a metropolitan based system under which: (1) all portions of each metropolitan statistical area in a State are treated as a single Medicare payment area; and (2) all areas in that State that do not fall within a metropolitan statistical area are treated as a single Medicare payment area. Requires the Secretary of Health and Human Services to determine the annual per capita rate of payment for each Medicare payment area by adjusting the adjusted capitation rate for: (1) individuals (not, as currently, a class of individuals) who are enrolled with an eligible organization which has entered into a risk-sharing contract and who are enrolled under Medicare part B (Supplementary Medical Insurance) only; and (2) such risk factors as age, disability status, gender, institutional status, and other appropriate factors so as to ensure actuarial equivalence.
Requires the Secretary to establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization.
Prescribes a general formula for the adjusted capitation rate of a Medicare payment area based on an area-specific adjusted capitation rate and an input-price-adjusted national adjusted capitation rate. Specifies area-specific and national percentages for contract years 1998 through 2001 and after.
Requires the Secretary, upon written request of the Chief Executive Officer of a State for a contract year, to adjust the system under which Medicare payment areas in the State are otherwise determined to a system which: (1) has a single Statewide Medicare payment area; (2) is a metropolitan based system; or (3) consolidates into a single Medicare payment area noncontiguous counties (or equivalent areas) within the State. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for equalization of Medicare reimbursement rates to managed care plans to improve the health of residents of rural areas."} | 3,258 | 414 | 0.668784 | 2.141567 | 0.725099 | 4.883978 | 8.5 | 0.928177 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opt Out of Iraq War Act of 2007''.
SEC. 2. TAX PAYMENTS TO FUTURE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--OPT OUT OF IRAQ WAR
``Sec. 6097. Opt out of Iraq war.
``SEC. 6097. OPT OUT OF IRAQ WAR.
``(a) Designation of Tax Payments to Future Fund.--Every individual
may designate that the following amounts be paid into the Future Fund
established by section 9511.
``(1) Income tax.--Such individual's income tax payment for
a taxable year.
``(2) Gift tax.--Such individual's payment of the tax
imposed by section 2501.
``(3) Estate tax.--The payment of the tax imposed by
section 2001 on the estate of such individual.
``(b) Limitation.--
``(1) In general.--The amount of any payment which may be
designated under this section shall not exceed the Iraq war
funding percentage of such payment.
``(2) Iraq war funding percentage.--
``(A) In general.--For purposes of this subsection,
the Iraq war funding percentage, with respect to any
payment made during a fiscal year, is the percentage
(determined by the Comptroller of the United States) of
the Federal budget which was spent during the preceding
fiscal year on the war in Iraq.
``(B) Certain spending not taken into account.--For
purposes of subparagraph (A), the amount determined to
be spent on the war in Iraq during the preceding year
shall be reduced by the amount which the Comptroller of
the United States estimates will be spent during the
fiscal year for which the percentage is being
determined--
``(i) to provide Iraq with humanitarian and
other non-military assistance, and
``(ii) to provide for the withdrawal of
United States infrastructure and personnel from
Iraq.
``(C) Exclusion of certain trust funds from
budget.--For purposes of this paragraph, none of the
trust funds established under the Social Security Act
or this title shall be treated as included in the
Federal budget.
``(c) Special Rules Relating to Income Tax Payments.--For purposes
of this section--
``(1) Income tax payment.--The term `income tax payment'
means the amount of tax imposed by chapter 1 and paid by or
withheld for any taxable year to the extent not in excess of
the taxpayer's income tax liability.
``(2) Income tax liability.--The term `income tax
liability' means the amount of the tax imposed by chapter 1 on
a taxpayer for any taxable year (as shown on such taxpayer's
tax return) reduced by the sum of--
``(A) the credits (as shown in such return)
allowable under part IV of subchapter A of chapter 1
(other than subpart C thereof), and
``(B) the amount designated under section 6096.
``(3) Joint returns.--A designation may be made on a joint
return only if both spouses make the designation.
``(d) Designation of Estate Tax Payments.--The designation under
subsection (a)(3) may be made by the executor of the estate under
written authority of the decedent.
``(e) Manner and Time of Designations.--A designation under
subsection (a) may be made--
``(1) at the time of filing the return of the tax to which
the designation relates, or
``(2) at any other time (after the time of filing such
return) specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time described in paragraph (1), such designation shall be made on
the page bearing the filer's signature.
``(f) Explanation of Future Fund Purposes.--Each publication of
general instructions accompanying an income, estate, or gift tax return
shall include--
``(1) an explanation of the purpose of the Future Fund, and
``(2) an explanation of the process for making the
designations under this section.
``(g) Termination.--This section shall not apply to payments made
during any period that fewer than 25,000 members of the Armed Forces of
the United States are serving in Iraq.''.
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Opt Out of Iraq War.''.
SEC. 3. FUTURE FUND.
(a) Creation of Trust Fund.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9511. FUTURE FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Future Fund',
consisting of such amounts as may be appropriated or credited into such
Fund as provided in this section and section 9602(b).
``(b) Transfers to Future Fund of Amounts Equivalent to Certain
Taxes.--There are hereby appropriated to the Future Fund amounts
equivalent to the sum of the amounts designated under section 6097 for
payment into the Fund.
``(c) Expenditures From Future Fund.--Amounts in the Future Fund
shall be available as follows:
``(1) Head start.--One-third of such amounts shall be
available, as provided in appropriation Acts, to carry out the
Head Start Act (42 U.S.C. 9831).
``(2) Reduction of national debt.--One-third of such
amounts shall be available for reducing the national debt in
accordance with subsection (d).
``(3) Children of iraq war veterans college fund.--One-
third of such amounts shall be transferred to the Children of
Iraq War Veterans College Fund in accordance with subsection
(e).
``(d) Reduction of National Debt.--The Secretary of the Treasury
shall, from time to time, transfer to the special account established
by section 3113(d) of title 31, United States Code, the amounts
described in subsection (c)(2).
``(e) Children of Iraq War Veterans College Fund.--
``(1) Creation of college fund.--There is established in
the Future Fund a separate account to be known as the `Children
of Iraq War Veterans College Fund', consisting of amounts
transferred or credited to the Children of Iraq War Veterans
College Fund as provided in this section and section 9602(b).
``(2) Expenditures from college fund.--Amounts in the
Children of Iraq War Veterans College Fund shall be available,
as provided in appropriation Acts, to pay the qualified tuition
and related expenses (as defined in section 117(b)(2)) of any
individual if either parent of such individual served as a
member of the Armed Forces of the United States in Iraq during
any portion of the period that Iraq is designated as a combat
zone for purposes of section 112 and--
``(A) such portion is at least 180 days,
``(B) such parent died as a result of wounds,
disease, or injury incurred while so serving, or
``(C) as a result of wounds, disease, or injury
incurred while so serving, such parent was hospitalized
and unable to return to duty in such zone.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9511. Future Fund.''. | Opt Out of Iraq War Act of 2007 - Amends the Internal Revenue Code of 1986 to allow taxpayers to designate that the percentage of their income, estate, or gift tax payments that would otherwise be used to fund the Iraq war be paid into a Future Fund from which funding will be provided, in equal amounts, to the Head Start program, to reduce the national debt, and for a Children of Iraq War Veterans College Fund.
Requires amounts in the College Fund to be used to pay the college costs of students that had a parent in the Armed Forces who served in the Iraq war for at least 180 days, died as the result of service in such war, or was hospitalized and unable to return to duty due to such service. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals to designate that their income, estate, or gift tax payments be spent other than for purposes of supporting the war in Iraq and to provide that amounts so designated shall be used to provide funding for Head Start, to reduce the national debt, and to provide college funding for children of Iraq war veterans."} | 1,796 | 161 | 0.54174 | 1.462852 | 0.788537 | 2.744828 | 11.075862 | 0.868966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teri Zenner Social Worker Safety
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Occupational Safety and Health
Administration, some 2 million American workers are victims of
job-related violence each year.
(2) On August 17, 2004, Teri Zenner, a social worker and
case manager with Johnson County Mental Health Center, was
stabbed and killed during a routine, in-home visit with a
client.
(3) Based on OSHA's most recently published ``Guidelines
for Preventing Workplace Violence for Health Care & Social
Service Workers'', 48 percent of all non-fatal injuries from
occupational assaults and violent acts occurred in the fields
of health care and social services.
(4) A major study by the American Federation of State,
County, and Municipal Employees, found that 70 percent of
front-line child welfare workers had been victims of violence
or threats in the line of duty. A review of the 585 exit
interviews found that 90 percent of former child welfare
workers experienced verbal threats, 30 percent experienced
physical attacks, and 13 percent had been threatened with
weapons.
(6) Based on 2000 Bureau of Labor Statistics findings,
social service workers in the public sector, including social
workers and case workers, are approximately 7 times more likely
to be the victims of violent assaults while at work than are
workers in the private sector.
(7) States such as California, New Jersey, and Washington,
and the National Association of Social Workers, have all
developed various safety programs with safety guidelines for
social workers and case workers to follow while in the course
of their employment;
(8) Social workers and case workers elevate service to
others above self-interest, and draw on their knowledge, values
and skills to help people in need and to address social
problems. Job-related violence against social workers and case
workers affects these hard-working and dedicated individuals,
their families, their clients, and their communities throughout
the United States;
(9) There is a need to increase public awareness and
understanding of job-related violence in the field of social
services and to meet the needs of social workers and case
workers in preventing such violence. Although not every
incident of job-related violence can be prevented, many can,
and the severity of injuries sustained by social workers and
case workers can be reduced.
SEC. 3. SOCIAL WORKER SAFETY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Health and Human Services
(the ``Secretary''), through the Substance Abuse and Mental Health
Services Administration, is authorized to award grants to States to
provide safety measures to social workers and other professionals
working with violent, drug-using, or other at-risk populations.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to provide or support the following safety measures:
(1) The procurement and installation of safety equipment,
including communications systems, such as GPS tracking devices
and GPS cell telephones to assist agencies in locating staff,
and any technical assistance and training for safety
communications.
(2) Training exercises for self-defense and crisis
management.
(3) Facility safety improvements.
(4) The provision of pepper spray for self-defense.
(5) Training in cultural competency, including linguistic
training, and training on strategies for de-escalating a
situation that could turn volatile.
(6) Training to help workers who work with mentally ill
community or that have behavioral problems and need help
coping.
(7) Educational resources and materials to train staff on
safety and awareness measures.
(8) Other activities determined by the Secretary to be
safety training.
(c) Application.--
(1) In general.--A State seeking a grant under subsection
(a) shall submit an application to the Secretary, at such time,
in such manner, and accompanied by such additional information
as the Secretary may require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the type of agencies that will be
receiving funding from the grant and type of work done
by such agencies;
(B) describe the specific activities for which
assistance under this section is sought and include a
program budget; and
(C) contain an assurance that the applicant will
evaluate the effectiveness of the safety measure
provided with funds received under the grant;
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants that--
(1) demonstrate the greatest need based on documented
incidents; and
(2) seek to provided assistance to multiple agencies.
(e) Quality Assurance and Cost-Effectiveness.--The Secretary shall
establish guidelines for assuring the cost-effectiveness and quality of
the safety measures funded under this section.
(f) Technical Assistance.--The Secretary may provide technical
assistance to grant recipients with respect to planning, developing,
and implementing safety measures under the grant.
(g) Report Requirement.--States receiving grants shall file with
the Secretary, not later than 2 years after the receipt of the grant,
information that includes--
(1) an assessment of the activities funded in whole or in
part with such grant;
(2) the range and scope of training opportunities,
including numbers and percentage of social workers engaged in
the training programs funded in whole or in part by such grant;
and
(3) the incidence of threats to social workers, if any, and
the strategies used to address their safety.
(h) Non-Federal Share.--For any State receiving a grant under this
section, the non-Federal share of any program to provide safety
measures shall be 50 percent.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2008 through 2012 to carry out this Act. | Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. | {"src": "billsum_train", "title": "To establish a grant program to assist in the provision of safety measures to protect social workers and other professionals who work with at-risk populations."} | 1,238 | 52 | 0.452559 | 1.22594 | 0.104286 | 9.288889 | 27.622222 | 0.977778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed the
Secretary of the Interior, in cooperation and consultation with
appropriate State and local governments and affected
landowners, to conduct a study of the eligibility and
suitability of White Clay Creek, Delaware and Pennsylvania, and
the tributaries of the creek for inclusion in the National Wild
and Scenic Rivers System;
(2) as a part of the study described in paragraph (1), the
White Clay Creek Study Wild and Scenic Study Task Force and the
National Park Service prepared a watershed management plan for
the study area entitled ``White Clay Creek and Its Tributaries
Watershed Management Plan'', dated May 1998, that establishes
goals and actions to ensure the long-term protection of the
outstanding values of, and compatible management of land and
water resources associated with, the watershed; and
(3) after completion of the study described in paragraph
(1), Chester County, Pennsylvania, New Castle County, Delaware,
Newark, Delaware, and 12 Pennsylvania municipalities located
within the watershed boundaries passed resolutions that--
(A) expressed support for the White Clay Creek
Watershed Management Plan;
(B) expressed agreement to take action to implement
the goals of the Plan; and
(C) endorsed the designation of the White Clay
Creek and the tributaries of the creek for inclusion in
the National Wild and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(161) White Clay Creek, Delaware and Pennsylvania.--
``(A) Segments.--The 191 miles of river segments of White
Clay Creek (including tributaries of the Creek and all second
order tributaries of the designated segments) in the States of
Delaware and Pennsylvania (referred to in this paragraph as the
`Creek'), as depicted on the recommended designation and
classification maps, as follows:
``(i) 30.8 miles of the east branch, including
Trout Run, beginning at the headwaters within West
Marlborough township downstream to a point that is 500
feet north of the Borough of Avondale wastewater
treatment facility, as a recreational river.
``(ii) 15.0 miles of the east branch beginning at
the southern boundary line of the Borough of Avondale
to a point where the East Branch enters New Garden
Township at the Franklin Township boundary line,
including Walnut Run and Broad Run outside the
boundaries of the White Clay Creek Preserve, as a
recreational river.
``(iii) 4.0 miles of the east branch that flow
through the boundaries of the White Clay Creek
Preserve, Pennsylvania, beginning at the northern
boundary line of London Britain township and downstream
to the confluence of the middle and east branches, as a
scenic river.
``(iv) 20.9 miles of the middle branch, beginning
at the headwaters within Londonderry township
downstream to the boundary of the White Clay Creek
Preserve in London Britain township, as a recreational
river.
``(v) 2.1 miles of the west branch that flow within
the boundaries of the White Clay Creek Preserve in
London Britain township, as a scenic river.
``(vi) 17.2 miles of the west branch, beginning at
the headwaters within Penn township downstream to the
confluence with the middle branch, as a recreational
river.
``(vii) 12.7 miles of the main stem, excluding
Lamborn Run, that flow through the boundaries of the
White Clay Creek Preserve, Pennsylvania and Delaware,
and White Clay Creek State Park, Delaware, beginning at
the confluence of the east and middle branches in
London Britain township, Pennsylvania, downstream to
the northern boundary line of the city of Newark,
Delaware, as a scenic river.
``(viii) 27.5 miles of the main stem (including all
second order tributaries outside the boundaries of the
White Clay Creek Preserve and White Clay Creek State
Park), beginning at the confluence of the east and
middle branches in London Britain township,
Pennsylvania, downstream to the confluence of the White
Clay Creek with the Christina River, as a recreational
river.
``(ix) 1.3 miles of Middle Run outside the
boundaries of the Middle Run Natural Area, as a
recreational river.
``(x) 5.2 miles of Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic
river.
``(xi) 15.6 miles of Pike Creek, as a recreational
river.
``(xii) 38.7 miles of Mill Creek, as a recreational
river.
``(B) Boundaries.--
``(i) In general.--Except as provided in clause
(ii), action required to be taken under subsection (b)
shall be taken not later than 1 year after the date of
enactment of this paragraph, except that, with respect
to the segments designated by subparagraph (A), in lieu
of the boundaries provided for in subsection (b), the
boundaries of the segments shall be the greater of--
``(I) the 500-year floodplain; or
``(II) 250 feet as measured from the
ordinary high water mark on both sides of the
segment.
``(ii) Exceptions.--The boundary limitations
described in clause (i) are inapplicable to--
``(I) the areas described in subparagraph
(D)(i); and
``(II) the properties, as generally
depicted on the map entitled ``White Clay Creek
Wild and Scenic River Study Area Recommended
Designated Area'', dated June 1999, on which
are located the surface water intakes and water
treatment and wastewater treatment facilities
of--
``(aa) the City of Newark,
Delaware;
``(bb) the corporation known as
United Water Delaware; and
``(cc) the Borough of West Grove,
Pennsylvania.
``(C) Administration.--
``(i) In general.--The segments designated by
subparagraph (A) shall be administered by the Secretary
of the Interior (referred to in this paragraph as the
`Secretary'), in cooperation with the White Clay Creek
Watershed Management Committee as provided for in the
plan prepared by the White Clay Creek Wild and Scenic
Study Task Force and the National Park Service,
entitled ``White Clay and Its Tributaries Watershed
Management Plan'' and dated May 1998 (referred to in
this paragraph as the `Management Plan').
``(ii) Requirement for comprehensive management
plan.--The Management Plan shall be considered to
satisfy the requirements for a comprehensive management
plan under subsection (d).
``(D) Churchman's marsh, lamborn run, and other
properties.--
``(i) In general.--Churchman's Marsh, Lamborn Run,
and the properties on which the intake structures and
pipelines for the proposed Thompson's Station Reservoir
shall be located shall be considered suitable for
designation as components of the National Wild and
Scenic Rivers System only at such time as those areas
are removed from consideration as locations for the
reservoir under the comprehensive plan of the Delaware
River Basin Commission.
``(ii) Subsequent designations.--Nothing in this
paragraph prohibits the designation of an area
described in clause (i) as a component of the National
Wild and Scenic Rivers System if, on a date after the
date of enactment of this paragraph, the additional
segment is determined to be suitable for such
designation.
``(iii) Assistance for subsequent designations.--
The Secretary shall offer assistance as authorized in
subparagraph (E) to the State of Delaware and New
Castle County, Delaware, if an area described in clause
(i) is subsequently determined to be suitable for
designation as a component of the National Wild and
Scenic Rivers System and is so designated.
``(E) Management.--
``(i) In general.--The segments designated by
subparagraph (A) shall be managed in accordance with
the Management Plan.
``(ii) Federal role.--
``(I) In general.--The Director of the
National Park Service (or a designee) shall
represent the Secretary in the implementation
of the Management Plan and this paragraph
(including the review, required under section
7(a), of proposed federally-assisted water
resources projects that could have a direct and
adverse effect on the values for which the
segments were designated and authorized).
``(II) Assistance.--To assist in the
implementation of the Management Plan and to
carry out this paragraph, the Secretary may
provide technical assistance, staff support,
and funding at a cost to the Federal Government
in an amount, in the aggregate, of not to
exceed $150,000 for each fiscal year.
``(iii) Cooperative agreements.--Any cooperative
agreement entered into under section 10(e) relating to
any of the segments designated by subparagraph (A)--
``(I) shall be consistent with the
Management Plan; and
``(II) may include provisions for financial
or other assistance from the United States to
facilitate the long-term protection,
conservation, and enhancement of the segments.
``(iv) State requirements.--State and local zoning
laws and ordinances, as in effect on the date of
enactment of this paragraph, shall be considered to
satisfy the standards and requirements under section
6(c).
``(v) National park system.--Notwithstanding
section 10(c), any portion of a segment designated by
subparagraph (A) that is not in the National Park
System as of the date of enactment of this paragraph
shall not, under this paragraph--
``(I) be considered a part of the National
Park System;
``(II) be managed by the National Park
Service; or
``(III) be subject to laws (including
regulations) that govern the National Park
System.
``(vi) No land acquisition.--The Federal Government
shall not acquire, by any means, any right or title in
or to land, any easement, or any other interest for the
purpose of carrying out this paragraph.''. | Requires the segments to be administered by the Secretary of the Interior, in cooperation with the White Clay Creek Watershed Management Committee pursuant to the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service.
Considers Churchman's Marsh, Lamborn Run, and the properties on which the intake structures and pipelines for the proposed Thompson's Station Reservoir shall be located suitable for designation as components of the NWSRS only at such time as those areas are removed from consideration as locations for the Reservoir under the comprehensive plan of the Delaware River Basin Commission. Provide that nothing in this Act shall prohibit such designation if, after the enactment of this Act, the additional segment is determined to be suitable.
Prohibits any portion of a segment designated by this Act that is not in the National Park System (NPS) as of the enactment of this Act from being: (1) considered a part of the NPS; (2) managed by the National Park Service; or (3) subject to NPS laws or regulations.
Bars the Federal Government from acquiring, by any means, any right or title in or to land, any easement, or any other interest for the purposes of carrying out this Act. | {"src": "billsum_train", "title": "White Clay Creek Wild and Scenic Rivers System Act"} | 2,308 | 267 | 0.566728 | 1.765686 | 0.684414 | 5.400844 | 9.012658 | 0.945148 |
SECTION 1. PURPOSES.
The purposes of this Act are--
(1) to provide renewed impetus in improving the United
States Government's ability to manage the complex process of
negotiating and implementing arms control treaties;
(2) to provide central leadership and coordination to
United States nonproliferation policy; and
(3) to improve congressional oversight of the operating
budget of the United States Arms Control and Disarmament
Agency.
SEC. 2. ACDA DIRECTOR.
(a) Director.--Section 22 of the Arms Control and Disarmament Act
(22 U.S.C. 2562) is amended to read as follows:
``SEC. 22. DIRECTOR.
``(a) Appointment.--The Agency shall be headed by a Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate. No person serving on active duty as a commissioned
officer of the Armed Forces of the United States may be appointed
Director.
``(b) Duties.--The Director shall serve as the principal adviser to
the President and other executive branch officials on matters relating
to arms control, disarmament, and nonproliferation. In carrying out his
or her duties under this Act, the Director, under the guidance of the
Secretary of State, shall have primary responsibility for matters
relating to arms control, disarmament, and nonproliferation, as defined
by this Act.''.
(b) Permanent Membership on National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is
amended--
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) the Director of the United States Arms Control and
Disarmament Agency;''.
SEC. 3. SPECIAL REPRESENTATIVES.
(a) In General.--Section 27 of the Arms Control and Disarmament Act
(22 U.S.C. 2567) is amended to read as follows:
``SEC. 27. SPECIAL REPRESENTATIVES.
``(a) Appointment.--The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of the
President for Arms Control and Nonproliferation. Each Presidential
Special Representative shall hold the personal rank of ambassador.
``(b) Duties.--Presidential Special Representatives shall perform
their duties and exercise their powers under direction of the
President, acting through the Director. One such Special Representative
shall serve as the United States Governor to the Board of Governors of
the International Atomic Energy Agency.
``(c) Administrative Support.--The Agency shall be the Government
agency responsible for providing administrative support, including
funding, staff, and office space, to all Presidential Special
Representatives appointed under this section.''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking ``Special Representatives for Arms Control
and Disarmament Negotiations, United States Arms Control and
Disarmament Agency (2).'' and inserting ``Special Representatives of
the President for Arms Control and Nonproliferation.''.
SEC. 4. NEGOTIATION MANAGEMENT.
Section 34 of the Arms Control and Disarmament Act (22 U.S.C. 2574)
is amended to read as follows:
``SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.
``The Director shall have primary responsibility for the
preparation and management of United States participation in all
international negotiations and implementation forums in the fields of
arms control, disarmament, and nonproliferation. To this end--
``(1) the Director shall have primary responsibility for
the preparation, formulation, support, and transmission of
instructions and guidance for all such negotiations and forums,
and shall manage interagency groups established within the
executive branch to support such negotiations and forums; and
``(2) all United States Government representatives
conducting negotiations or acting pursuant to agreements in the
fields of arms control, disarmament, or nonproliferation shall
perform their duties and exercise their powers, under the
direction of the President, acting through the Director.''.
SEC. 5. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.
(a) Arms Export Control Act.--(1) Section 38(a)(2) of the Arms
Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as
follows:
``(2) Decisions on issuing export licenses under this section shall
be made in coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the Director's
assessment as to whether the export of an article will contribute to an
arms race, aid in the development of weapons of mass destruction,
support international terrorism, increase the possibility of outbreak
or escalation of conflict, or prejudice the development of bilateral or
multilateral arms control or nonproliferation agreements or other
bilateral arrangements.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended by
striking out all that follows ``(3)'' in the last sentence and
inserting the following: ``the assessment of the Director of the United
States Arms Control and Disarmament Agency as to the extent to which
such sale might contribute to an arms race, aid in the development of
weapons of mass destruction, support international terrorism, increase
the possibility of outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements. No decision shall be
made over the objection of the Director unless the Director has been
informed in writing of the reasons why the Director's opinion was not
deemed sufficient to deny the proposed sale, and afforded a reasonable
opportunity to appeal the proposed decision.''.
(3) Section 71 of such Act (22 U.S.C. 2797) is amended--
(A) in subsection (a) by inserting ``, the Director of the
United States Arms Control and Disarmament Agency,'' after
``Secretary of Defense'';
(B) in subsection 7(b)(1) inserting ``and the Director of
the United States Arms Control and Disarmament Agency'' after
``Secretary of Defense''; and
(C) in subsection (b)(2)--
(i) by striking out ``and the Secretary of
Commerce'' and inserting in lieu thereof ``, the
Secretary of Commerce, and the Director of the United
States Arms Control and Disarmament Agency''; and
(ii) by striking the comma after ``applicant'' and
all that follows through ``documents''.
(b) Atomic Energy Act.--(1) Section 131 b. of the Atomic Energy Act
of 1954 (42 U.S.C. 2160(b)) is amended--
(A) in paragraph (2) by inserting ``and the Director of the
United States Arms Control and Disarmament Agency'' after
``Secretary of State''; and
(B) in paragraph (3) by inserting ``and the Director of the
United States Arms Control and Disarmament Agency'' after
``Secretary of State''.
(2) Section 142 of such Act (42 U.S.C. 2162) is amended by adding
at the end thereof the following new subsection:
``(f) All determinations under this section to remove data from the
Restricted Data category shall be made only after consultation with the
Director of the United States Arms Control and Disarmament Agency. If
the Commission, the Department of Defense, and the Director do not
agree, the determination shall be made by the President.''.
(c) Nuclear Non-Proliferation Act.--Section 309(c) of the Nuclear
Non-Proliferation Act of 1978 (42 U.S.C. 2139a) is amended to read as
follows:
``(c)(1) The Department of Commerce shall maintain controls over
all export items, other than those licensed by the Commission, which
could be, if used for purposes other than those for which the export is
intended, of significance for nuclear explosive purposes.
``(2) The Commission shall not grant any individual, distribution,
or project license for the export of items controlled pursuant to
paragraph (1) without prior consultation with the Department of State,
the United States Arms Control and Disarmament Agency, the Commission,
the Department of Energy, and the Department of Defense.
``(3)(A) The Secretary of Commerce shall, within 90 days after the
date of enactment of this paragraph, establish orderly and expeditious
procedures which are mutually agreeable to the Secretary of State, the
Secretary of Defense, the Secretary of Energy, the Director of the
United States Arms Control and Disarmament Agency, and the Nuclear
Regulatory Commission. These procedures shall include provision for
establishing the list of export items required by paragraph (1), for
permitting automated access to all license applications for such items
to all agencies listed in paragraph (2), and for formal interagency
referral of license applications for the export of items on the list.
``(B) The procedures in effect under this subsection on the date of
enactment of this paragraph shall cease to apply 90 days after the date
of enactment of this paragraph or upon the effective date of the new
procedures required by this paragraph, whichever occurs first.''. | Amends the National Security Act of 1947 to grant the Director of the U.S. Arms Control and Disarmament Agency membership on the National Security Council.
Amends the Arms Control and Disarmament Act to grant the Director primary responsibility for the preparation and management of U.S. participation in all international negotiations and implementation forums in arms control, disarmament, and nonproliferation.
Amends the Arms Export Control Act to provide for the participation of the Director in specified arms export and licensing activities.
Amends the Atomic Energy Act of 1954 to provide for consideration of the Director's judgment in specified nuclear export activities.
Requires all determinations under such Act to remove data from the Restricted Data category to be made only after consultation with the Director.
Amends the Nuclear Non-Proliferation Act of 1978 to require the Department of Commerce to maintain controls over all export items, other than those licensed by the Nuclear Regulatory Commission, which could be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Directs the Secretary of Commerce to establish procedures for establishing a list of such items, permitting automated access to all license applications, and for interagency referral of applications for the export of items on the list. | {"src": "billsum_train", "title": "To improve the negotiation and implementation of arms control treaties."} | 2,110 | 274 | 0.520509 | 1.520508 | 0.69562 | 4.84188 | 7.940171 | 0.918803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Opportunities for Success
Through Higher Education Reform'' or the ``FOSTER Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Recent studies by the Center for the Study of Social
Policy, Casey Family Programs, and the Packard Foundation
demonstrate that many of the 20,000 children aging out of
foster care each year face unique challenges as they enter the
adult world: a greater likelihood of becoming teen parents,
dependence on public assistance, participation in substance
abuse, homelessness, and involvement with the criminal justice
system compared to youth in the general population.
(2) According to a study of foster care children in
Washington State, a child who enters foster care is likely to
have poorer academic outcomes than children not in foster care,
even after controlling for a variety of factors such as
poverty.
(3) A follow-up study in Wisconsin found that 37 percent of
youth had not completed their high school education when
interviewed 12 to 18 months after discharge from foster care.
(4) A study of African American males in the Ohio foster
care system found that in the sixth grade, African American
males in foster care had significantly lower scores than 1 or
more of the 4 comparison groups (all students, all African
American students, all male students, all African American male
students).
(5) By the ninth grade, the African American males in
foster care had significantly lower scores than all of the
comparison groups.
(6) These youth in foster care are less likely to be
enrolled in college preparatory classes and are more than twice
as likely as non-foster care youth (37 percent vs. 16 percent)
to have dropped out of high school.
(7) A 2002 report issued by the Child Welfare League of
America (CWLA) found that more than 26 percent of foster
children have repeated a grade at least once since the seventh
grade; 60 percent have failed a class in the previous year;
over a third were below grade level in written language, math
and readings; foster youth have higher absentee and tardy rates
than their non-foster peers.
(8) A report from Casey Family Programs indicated that,
nationwide, fewer than 27 percent of foster youth who graduated
high school went on to college as compared to 52 percent of the
general population.
(9) A May 2002, report issued by the University of
California at Berkeley found that of more than 3200 foster care
youth who attended a community college from 1992 through 2000,
39 percent earned between 1 and 17 credits. Forty percent of
the foster care youth earned no credits. Many did not attempt
to take classes for credit, but rather were enrolled in
remedial or other non-credit classes.
SEC. 3. FOSTER CARE YOUTH OUTREACH AND HOUSING SERVICES.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
is amended by adding at the end the following new chapter:
``CHAPTER 4--FOSTER CARE YOUTH OUTREACH AND HOUSING SERVICES
``SEC. 408A. TECHNICAL ASSISTANCE AND SUPPORT SERVICES.
``(a) Program Authorized.--From the amounts appropriated under
section 408E(a), the Secretary shall provide competitive grants to
public and private institutions of higher education to provide
technical assistance and supportive services to foster care youth who
are prospective students to prepare for, enter, and remain in such
institutions.
``(b) Authorized Services.--Funds provided under this section may
be used to provide--
``(1) academic counseling;
``(2) college financial-aid counseling; and
``(3) other appropriate support services intended to
improve the delivery of services to foster care youth.
``(c) Applications.--An institution seeking a grant under this
section shall submit an application to the Secretary. Such application
shall--
``(1) contain assurances that the applicant will--
``(A) evaluate--
``(i) the extent to which the institution's
current programs are meeting the needs of
foster care youth; and
``(ii) how the institution's outreach and
retention services can be improved;
``(B) report to the Secretary on current and
expanded services and efforts to increase the number of
foster care youth who attend the institution and remain
in school to earn a degree or certificate;
``(C) expand representation on student body
governing boards to include at least one former foster
care youth that will serve to advise the institution on
student life issues, with particular attention to the
unique barriers for foster care youth in accessing and
completing postsecondary education; and
``(D) coordinate with the State social services and
child welfare departments in order to facilitate the
outreach and technical assistance efforts for
prospective students who are foster care youth; and
``(2) contain such additional information and assurances as
the Secretary may require.
``(d) Selection of Applicants.--The Secretary shall select
institutions of higher education for the award of grants under this
section on the basis of identifying those institutions that are most
likely to be able to successfully carry out the program under this
section and serve the goal of expanding higher educational
opportunities for foster care youth.
``SEC. 408B. HOUSING FOR FOSTER CARE YOUTH.
``(a) Grants Authorized.--From the amounts appropriated under
section 408E(b), the Secretary shall provide grants to institutions of
higher education to ensure basic housing during the regular academic
school year, including interim housing during regular periods of
dormitory closing (excluding summer break), for those foster care youth
living in college dormitories.
``(b) Applications.--An institution seeking a grant under this
section shall submit an application to the Secretary containing such
information as the Secretary may require.
``(c) Selection of Applicants.--The Secretary shall select
institutions of higher education for the award of grants under this
section on the basis of identifying those institutions that are most
likely to be able to successfully carry out the program under this
section and serve the goal of expanding higher educational
opportunities for foster care youth.
``SEC. 408C. COORDINATION.
``(a) Coordination With the John H. Chafee Foster Care Independence
Program.--The Secretary shall ensure that activities under this chapter
are coordinated with programs under section 477(i) of the Social
Security Act (42 U.S.C. 6383).
``(b) Coordination With TRIO and GEARUP.--Each recipient of funds
under the programs authorized by chapters 1 and 2 of this subpart shall
identify services to foster care youth as a permissible service in
those programs, and ensure that such youth receive supportive services,
including mentoring, tutoring, and other services provided by those
programs.
``SEC. 408D. ELIGIBLE FOSTER CARE YOUTH.
``(a) In General.--An individual shall be treated as a foster care
youth eligible for services and benefits under this chapter if such
individual is--
``(1) a youth for whom the State or an entity licensed by
the State has responsibility for placement, care, or
supervision, and includes youth in foster homes, group homes,
or kinship care; or
``(2) a high school senior or student currently enrolled in
a postsecondary education program who is older than 18 years
old and is no longer living with his or her foster family, as
long as he or she was under State care until age 18.
``(b) Kinship Care.--For a youth to be eligible as receiving
kinship care, the State or an entity licensed by the State must have
intervened on the youth's behalf and a court of competent jurisdiction
must have issued a court order of dependency and the court order or the
State or the entity licensed by the State must have placed the youth in
legal kinship care. A youth who is residing with his or her relatives
in any other type of situation is not eligible as receiving kinship
care.
``SEC. 408E. AUTHORIZATION.
``(a) Technical Assistance and Outreach Services.--There are
authorized to be appropriated for grants under section 408A, such sums
as may be necessary for fiscal year 2005 and for each of the 5
succeeding fiscal years.
``(b) Housing for Foster Care Youth.--There are authorized to be
appropriated for grants under section 408B, such sums as may be
necessary for fiscal year 2005 and for each of the 5 succeeding fiscal
years.''.
SEC. 4. FAIR TREATMENT FOR FOSTER CARE YOUTH IN FINANCIAL NEED
ANALYSIS.
(a) Cost of Attendance.--Section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll) is amended--
(1) by striking ``and'' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``; and''; and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) in the case of a foster care youth who is eligible
for services or benefits under section 408D, an additional
amount equal to 50 percent of the sum determined under the
preceding paragraphs, representing the reasonable living
additional expenses of such a youth.''.
(b) Advisory Committee on Student Financial Assistance.--Section
491(j) of the Higher Education Act of 1965 (20 U.S.C. 1098(j)) is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) examine methods for expanding access to Federal
financial aid by foster care youth who are eligible for
services or benefits under section 408D, and for simplifying
the application process for such youth.''.
(c) FAFSA Revision.--Section 483(a)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1090(a)(1)) is amended by inserting after the third
sentence the following new sentence: ``Such data elements shall include
an identification of whether the student is a foster care youth who is
eligible for services or benefits under section 408D.''.
(d) Assessment and Follow-Up.--Section 485(a)(1)(L) of the Higher
Education Act of 1965 (20 U.S.C. 1092(a)(1)(L)) is amended by inserting
before the semicolon at the end the following: ``, and, commencing with
the 2004-2005 academic year, the retention rates of students who
voluntarily provide to the institution of higher education their status
as emancipated foster care youth''. | Foster Opportunities for Success Through Higher Education Reform - FOSTER Act - Amends the Higher Education Act of 1965 (HEA) to establish a program of foster care youth outreach and housing services.
Directs the Secretary of Education to make grants to institutions of higher education to provide: (1) technical assistance and supportive services to foster care youth who are prospective students to prepare for, enter, and remain in such institutions; and (2) basic housing during the regular academic school year, including interim housing during regular periods of dormitory closing other than summer break, for those foster care youth living in college dormitories. Requires program coordination with: (1) the John H. Chafee foster care independence program under the Social Security Act; and (2) TRIO and GEAR UP programs under HEA.
Revises HEA financial need analysis to provide fair treatment for foster care youth. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to improve the ability of foster care youths to attend and succeed in higher education."} | 2,358 | 183 | 0.4307 | 1.294045 | 0.772231 | 4.975904 | 13.168675 | 0.939759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Young Victims from Sexual
Abuse Act of 2017''.
SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE AT FACILITIES
UNDER THE JURISDICTION OF AMATEUR SPORTS ORGANIZATIONS
RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE.
(a) Reporting Requirement.--Section 226 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13031) is amended--
(1) in subsection (a)--
(A) by striking ``A person who'' and inserting the
following:
``(1) Covered professionals.--A person who''; and
(B) by adding at the end the following:
``(2) Covered individuals.--A covered individual who learns
of facts that give reason to suspect that a child has suffered
an incident of child abuse shall as soon as possible make a
report of the suspected abuse to the agency designated by the
Attorney General under subsection (d).'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (a)'' and inserting ``subsection
(a)(1)'';
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(9) the term `covered individual' means an adult who is
authorized by a national governing body or a member of a
national governing body to interact with a minor or amateur
athlete at an amateur sports organization facility or at any
event sanctioned by a national governing body or a member of a
national governing body;
``(10) the term `event' includes travel, practice,
competition, and health or medical treatment; and
``(11) the terms `amateur athlete', `amateur sports
organization', and `national governing body' have the meanings
given such terms in section 220501(b) of title 36, United
States Code.'';
(4) in subsection (d), in the first sentence, by inserting
``and for all covered facilities'' after ``reside'';
(5) in subsection (f), in the first sentence--
(A) by striking ``and on all'' and inserting ``on
all''; and
(B) by inserting ``and for all covered
facilities,'' after ``lands,'';
(6) in subsection (h), by inserting ``and all covered
individuals,'' after ``facilities,''; and
(7) by adding at the end the following:
``(i) Rule of Construction.--Nothing in this section shall be
construed to require a victim of child abuse to self-report the
abuse.''.
(b) Penalty for Failure to Report.--Section 2258 of title 18,
United States Code, is amended by inserting after ``facility,'' the
following: ``or a covered individual (as described in subsection (a)(2)
of such section 226) who''.
SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.
Section 2255 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Any person who, while a minor, was a victim of a
violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251,
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who
suffers personal injury as a result of such violation, regardless of
whether the injury occurred while such person was a minor, may sue in
any appropriate United States District Court and shall recover the
actual damages such person sustains or liquidated damages in the amount
of $150,000, and the cost of the action, including reasonable
attorney's fees and other litigation costs reasonably incurred. The
court may also award punitive damages and such other preliminary and
equitable relief as the court determines to be appropriate.'';
(2) in subsection (b), by striking ``filed within'' and all
that follows through the end and inserting the following:
``filed--
``(1) not later than 10 years after the date on which the
plaintiff reasonably discovers the later of--
``(A) the violation that forms the basis for the
claim; or
``(B) the injury that forms the basis for the
claim; or
``(2) not later than 10 years after the date on which a
legal disability ends.''; and
(3) by adding at the end the following:
``(c) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
``(A) is an inhabitant; or
``(B) may be found.''.
SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF AMATEUR SPORTS
ORGANIZATIONS RECOGNIZED BY THE UNITED STATES OLYMPIC
COMMITTEE TO PREVENT THE ABUSE OF MINOR AND AMATEUR
ATHLETES.
(a) Expansion of Authorities.--Section 220523(a) of title 36,
United States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) develop training, oversight practices, policies, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete by any adult.''.
(b) Additional Duties.--Section 220524 of such title is amended--
(1) by inserting ``(a) In General.--'' before ``For the
sport'';
(2) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (9), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(10) develop and enforce policies, mechanisms, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete, including--
``(A) requiring all adults authorized by a national
governing body or a member of a national governing body
to interact with a minor or amateur athlete at an
amateur sports organization facility or at any event
sanctioned by a national governing body or a member of
a national governing body, to report facts that give
reason to suspect child abuse, including sexual abuse,
as required by relevant Federal or State law, to law
enforcement authorities and other appropriate
authorities, including an entity designated by the
corporation to investigate and resolve such
allegations;
``(B) establishing a mechanism, approved by a
trained expert on child abuse, that allows an
individual to easily report an incident of child abuse
as described in subparagraph (A) to the national
governing body or another authority, including an
entity designated by the corporation;
``(C) reasonable procedures designed to avoid one-
on-one interactions between an amateur athlete who is a
minor and an adult (who is not the minor's legal
guardian) at an amateur sports organization facility,
at any event sanctioned by a national governing body,
or any event sanctioned by a member of a national
governing body, without being observable or
interruptible by another adult, except where the safety
and welfare of the minor requires;
``(D) oversight procedures, including regular and
random audits, not to exceed once a year, conducted by
subject matter experts unaffiliated with the national
governing body, of all members and adults described in
subparagraph (A) to ensure that policies and procedures
developed under this paragraph are followed correctly
and that consistent training is offered and given to
all members regarding prevention of sexual abuse; and
``(E) requiring dedicated information and
resources, which may include sexual assault hotlines
and victims' support resources, to be clearly listed on
the national governing body's official website; and
``(11) in the case of a national governing body with
jurisdiction over more than one amateur sports organization
facility or event, establish a mechanism by which--
``(A) the national governing body can--
``(i) receive a report of suspected sexual
misconduct by an adult authorized by a national
governing body or a member of a national
governing body to interact with a minor or
amateur athlete at an amateur sports
organization facility or at any event
sanctioned by a national governing body or a
member of a national governing body; and
``(ii) confidentially share a report
received under clause (i) with each of the
other amateur sports organizations, facilities,
or members under the jurisdiction of the
national governing body; and
``(B) an amateur sports organization, facility, or
member under the jurisdiction of the national governing
body can--
``(i) review the reports received by the
national governing body under subparagraph
(A)(i) to assess any allegations of sexual
misconduct made in such reports; and
``(ii) withhold providing to an adult who
is the subject of an allegation of sexual
misconduct in a report reviewed under clause
(i) authority to interact with a minor or
amateur athlete at such organization, facility,
or event until the resolution of such
allegation.
``(b) Limited Liability for the United States Olympic Committee,
National Governing Bodies, and an Entity Designated by the United
States Olympic Committee to Investigate and Resolve Sexual Misconduct
Allegations.--
``(1) In general.--Except as provided in paragraphs (2), no
civil or criminal action may be brought in any Federal or State
court against the United States Olympic Committee, a national
governing body, or an amateur sports organization, facility, or
event under the jurisdiction of a national governing body, or
an entity designated by the United States Olympic Committee to
investigate and resolve sexual misconduct allegations described
in subsection (a)(11), including any director, officer,
employee, or agent of such entity, if the action arises from
the execution of the responsibilities or functions described in
subsection (a)(11).
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a civil or criminal action if
the United States Olympic Committee, a national governing body,
an amateur sports organization, facility, or event under the
jurisdiction of a national governing body, or an entity
designated by the United States Olympic Committee to
investigate and resolve sexual misconduct allegations described
in subsection (a)(11), or a director, officer, employee, or
agent of such entity acted or failed to act--
``(A) with reckless disregard for a risk of causing
injury; or
``(B) for a purpose unrelated to the performance of
any responsibility or function described in subsection
(a)(11).
``(3) Limited effect.--Nothing in this section shall apply
to any act or omission arising out of any responsibility or
function not described in subsection (a)(11).''.
(c) Rule of Construction.--Section 220522 of such title is amended
by adding at the end the following:
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to limit the ability of a national governing body to develop
a policy or procedure to prevent an individual who is the subject of an
allegation of sexual misconduct from interacting with a minor or
amateur athlete until such time as the national governing body, or an
entity with applicable jurisdiction resolves such allegation.''.
(d) Review of Recognition of Amateur Sports Organizations as
National Governing Bodies.--Section 220521(d) of title 36, United
States Code, is
amended by striking ``may'' each place it appears and inserting
``shall''.
Passed the House of Representatives May 25, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Protecting Young Victims from Sexual Abuse Act of 2017 (Sec. 2) This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse to adults who are authorized to interact with minor or amateur athletes at an amateur sports organization facility or at an event sanctioned by a national governing body (NGB) or member of an NGB. An NGB is an amateur sports organization that is recognized by the International Olympic Committee. An authorized adult who fails to report suspected child abuse is subject to criminal penalties. (Sec. 3) The bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim reasonably discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. (Sec. 4) Finally, the bill amends the Amateur Sports Act of 1978: to expand the authorities and duties of NGBs to prevent, report, and respond to the abuse of minor or amateur athletes; to limit the civil and criminal liability of the U.S. Olympic Committee, an NGB, or an amateur sport organization in certain circumstances; to prohibit construing certain provisions to limit the ability of an NGB to prevent interactions between an alleged abuser and an amateur athlete; and to require (currently, authorize) the U.S. Olympic Committee to review an NGB's certification. | {"src": "billsum_train", "title": "Protecting Young Victims from Sexual Abuse Act of 2017"} | 2,855 | 381 | 0.532748 | 1.61915 | 0.812011 | 1.902439 | 7.875 | 0.79878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Businesses Supporting Education Act
of 2006''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION SCHOLARSHIP
ORGANIZATIONS.
(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. 45N. CONTRIBUTIONS TO EDUCATION SCHOLARSHIP ORGANIZATIONS.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation, partnership, or trade or business carried on as a sole
proprietorship, the education scholarship credit determined under this
section for the taxable year is the aggregate amount of qualified
contributions for the taxable year.
``(b) Limitation.--
``(1) Dollar limitation.--The amount of the credit
determined under this section for any taxable year shall not
exceed $100,000.
``(2) Application to partnerships and s corporations.--In
the case of a partnership, the limitations of paragraph (1)
shall apply with respect to the partnership and with respect to
each partner. A similar rule shall apply in the case of an S
corporation and its shareholders.
``(c) Qualified Contributions.--For purposes of this section--
``(1) In general.--The term `qualified contribution' means
a charitable contribution (as defined by section 170(c)) to an
education scholarship organization.
``(2) Education scholarship organization.--The term
`education scholarship organization' means any organization
which is described in section 170(c)(2) and exempt from tax
under section 501(a) and whose exclusive purpose is to provide
scholarships for the qualified elementary and secondary
education expenses of eligible students.
``(3) Eligible student.--The term `eligible student' means
an individual--
``(A) who is enrolled in an elementary or secondary
school (within the meaning of section 530(b)(4)(B)),
``(B) who is a member of a household with a total
annual household income which does not exceed 250
percent of the Federal poverty guidelines (as
determined by the Secretary of Health and Human
Services), and
``(C) with respect to whom the taxpayer is entitled
to a deduction for the taxable year under section 151.
``(4) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' has the meaning given such term by section
530(b)(4), except that `child' shall be substituted for
`beneficiary' and `a child' shall be substituted for `the
designated beneficiary of the trust' in clauses (i) and (iii)
of subparagraph (A) thereof.
``(5) Scholarship.--The term `scholarship' does not include
any payment to fulfill or fund any obligation or project of any
school or school system to provide a free, appropriate public
education.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(e) Election.--This section shall apply to a taxpayer for a
taxable year only if such taxpayer elects to have this section apply
for such taxable year.''.
(b) Excise Tax on Failure of Education Scholarship Organizations to
Make Distributions.--
(1) In general.--Chapter 42 of such Code (relating to
private foundations and certain other tax-exempt organizations)
is amended by adding at the end the following new subchapter:
``Subchapter F--Education Scholarship Organizations
``Sec. 4966. Tax on failure to distribute receipts.
``SEC. 4966. TAX ON FAILURE TO DISTRIBUTE RECEIPTS.
``(a) Tax Imposed.--There is hereby imposed a tax on the failure of
an education scholarship organization to make required distributions
before the distribution deadline.
``(b) Amount of Tax.--The tax imposed by subsection (a) shall be
equal to 15 percent of the excess (if any) of--
``(1) the required distribution amount with respect to a
taxable year, over
``(2) the amount of receipts of the education scholarship
organization for such taxable year which are distributed before
the distribution deadline with respect to such receipts.
``(c) Definitions.--For purposes of this section--
``(1) Required distribution amount.--The required
distribution amount with respect to a taxable year is the
amount equal to 90 percent of the total receipts of the
education scholarship organization for such taxable year.
``(2) Distributions.--Distributions include amounts which
are formally committed but not distributed.
``(3) Distribution deadline.--The distribution deadline
with respect to receipts for a taxable year is the first day of
the second taxable year following the taxable year in which
such receipts are received by the education scholarship
organization.
``(d) Reasonable Cause Exception.--The tax imposed by subsection
(a) shall not apply with respect to any failure to make required
distributions before the distribution deadline which is not willful and
is due to reasonable cause.''.
(2) Abatement of tax.--
(A) General rule.--Subsection (b) of section 4962
of such Code (defining qualified first tier tax) is
amended by striking ``or D'' and inserting ``D, or F''.
(B) First tier tax.--Subsection (a) of section 4963
of such Code (defining first tier tax) is amended by
inserting ``4966,'' after ``4958,''.
(C) Taxable event.--Subsection (c) of section 4963
of such Code (defining taxable event) is amended by
inserting ``4966,'' after ``4958,''.
(3) Correction period.--Subparagraph (A) of section
4963(e)(2) of such Code (relating to special rules for when
taxable event occurs) is amended by inserting ``or 4966'' after
``4942''.
(4) Conforming amendment.--The table of subchapters for
chapter 42 of such Code is amended by adding at the end the
following new item:
``subchapter f. education scholarship organizations''.
(c) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (29), by striking
the period at the end of paragraph (30) and inserting ``, plus'' , and
by adding at the end the following new paragraph:
``(31) the education scholarship credit section 45N(a).''.
(d) Clerical 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 45M the following new
item:
``Sec. 45M. Contributions to education scholarship organizations.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Businesses Supporting Education Act of 2006 - Amends the Internal Revenue Code to allow business entities a tax credit for contributions to a tax-exempt education scholarship organization which provides scholarships to elementary or secondary school students from low or moderate income families. Limits the annual amount of such credit to $100,000.
Imposes a penalty tax on education scholarship organizations that fail to make required distributions of scholarship funds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business tax credit for contributions to education scholarship organizations."} | 1,670 | 86 | 0.561302 | 1.157164 | 0.65904 | 1.986667 | 19.053333 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability and Transparency in
Ethics Act of 2010''.
SEC. 2. LOBBYING BAN FOR MEMBERS AND EMPLOYEES OF CONGRESS AND
EXECUTIVE BRANCH OFFICIALS.
(a) In General.--Section 207 of title 18, United States Code, is
amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking ``One-
Year'' and inserting ``Two-Year'';
(B) in paragraph (1), by striking ``1 year'' and
inserting ``2 years'' each place it appears; and
(C) in paragraph (2)(B), by striking ``1-year
period'' and inserting ``2-year period'';
(2) in subsection (d)(2)(A), by striking ``1 year'' and
inserting ``2 years'';
(3) in subsection (e)--
(A) in paragraph (1)(B), by striking ``1 year'' and
inserting ``2 years'';
(B) in paragraph (2), by striking ``1 year'' and
inserting ``2 years'';
(C) in paragraph (3)(A), by striking ``1 year'' and
inserting ``2 years'';
(D) in paragraph (4), by striking ``1 year'' and
inserting ``2 years'';
(E) in paragraph (5)(A), by striking ``1 year'' and
inserting ``2 years'';
(F) in paragraph (6), by striking ``1 year'' and
inserting ``2 years''; and
(G) in paragraph (7), by striking ``1-year period''
each place it appears and inserting ``2-year period'';
and
(4) in subsection (f), by striking ``1 year'' and inserting
``2 years''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to any individual who leaves office or employment (to which the
restrictions in section 207 of title 18, United States apply) more than
120 days after the date of the enactment of this Act.
SEC. 3. PROHIBITING PAYMENT OF CAMPAIGN FUNDS TO IMMEDIATE FAMILY
MEMBERS OF CANDIDATES.
(a) Prohibition.--Section 313 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 439a) is amended by adding at the end the following
new subsection:
``(d) Restrictions on Payments to Spouses and Immediate Family
Members.--
``(1) In general.--Notwithstanding any other provision of
this Act, an authorized committee of a candidate and a
leadership PAC of a candidate or individual holding Federal
office may not make any payment to the spouse or any immediate
family member of the candidate or individual (as the case may
be) for services provided to the committee or leadership PAC.
``(2) Exception for nominal reimbursements.--Paragraph (1)
does not apply to nominal amounts paid to reimburse a spouse or
immediate family member for supplies and equipment used by the
committee or leadership PAC involved, so long as the total
amount paid by the committee or leadership PAC for all such
reimbursements during a calendar year does not exceed $500.
``(3) Definitions.--In this subsection--
``(A) the term `immediate family member' means the
son, daughter, stepson, stepdaughter, son-in-law,
daughter-in-law, mother, father, stepmother,
stepfather, mother-in-law, father-in-law, brother,
sister, stepbrother, or stepsister of the candidate or
individual involved; and
``(B) the term `leadership PAC' has the meaning
given such term in section 304(i)(8)(B)''.
(b) Conforming Amendment.--Section 313(a)(1) of such Act (2 U.S.C.
439a(a)(1)) is amended by striking ``for otherwise'' and inserting
``subject to subsection (d), for otherwise''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to payments made on or after the date of the
enactment of this Act.
SEC. 4. ETHICS TRAINING FOR LOBBYISTS.
(a) Training Course.--During each Congress, the Committee on
Standards of Official Conduct of the House of Representatives shall
provide an 8-hour ethics training course to persons registered as
lobbyists under the Lobbying Disclosure Act of 1995.
(b) Contents of Course.--Training under subsection (a) shall cover
information on the code of conduct and disclosure requirements
applicable to Members, officers, and employees of the House of
Representatives, including rules relating to acceptance of gifts
(including travel and meals), and financial disclosure requirements
under the Ethics in Government Act of 1978.
(c) Penalties for Failure To Complete Training.--Any person who is
registered or required to register as a lobbyist under the Lobbying
Disclosure Act of 1995 and who fails to complete the training course
under subsection (a) at least once during each Congress shall be
subject to the penalties under section 7 of that Act to the same extent
as a failure to comply with any provision of that Act.
SEC. 5. SENSE OF THE CONGRESS REGARDING THE DUTIES AND RESPONSIBILITIES
OF THE OFFICE OF CONGRESSIONAL ETHICS.
It is the sense of the Congress that any changes to the duties and
responsibilities of the Office of Congressional Ethics (OCE) should
strengthen, not undermine, its powers to further improve accountability
and transparency in Congress.
SEC. 6. SUBPOENA POWER FOR THE OFFICE OF CONGRESSIONAL ETHICS.
(a) Subpoena Power.--For the purpose of carrying out its duties,
the board of the Office of Congressional Ethics (established by House
Resolution 895 (110th Congress)) is authorized to require, by subpoena
or otherwise, the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memoranda, papers,
and documents as it considers necessary.
(b) Issuance of Subpoenas.--(1) A subpoena may be issued under this
section only by the agreement of the chairman and cochairman of the
board of the Office of Congressional Ethics or by the affirmative vote
of 4 members of the board.
(2) Subpoenas issued under this section may be issued under the
chairman of the board of the Office of Congressional Ethics or any
member designated by the majority of the board, and may be served by
any person designated by the chairman or by a member designated by the
majority of the board.
(c) Administration of Oaths.--The chairman of the board of the
Office of Congressional Ethics or a member designated by the chairman
may administer oaths to witnesses. | Accountability and Transparency in Ethics Act of 2010 - Amends the federal criminal code to revise post-employment restrictions on former officers, employees, and elected officials of the executive and legislative branches.
Increases from one to two years the ban on lobbying contacts by the following individuals with a Member, officer, or employee of the entity in which they served before his or her tenure terminated: (1) former senior and very senior personnel of the executive branch and independent agencies (except for special government employees who serve less that 60 days in the two-year period before termination); (2) former Members of the House of Representatives or elected officers; (3) former elected officers and employees of the Senate; (4) former personal staff of House Members; (5) former employees of House committees or congressional joint committees; (6) House leadership staff; and (7) employees of other legislative offices.
Increases from one to two years the lobbying ban on former officers, employees, and elected officials of the executive and legislative branches for foreign entities.
Amends the Federal Election Campaign Act of 1971 to prohibit payment of campaign funds, except reimbursements under $500, to immediate family members of candidates.
Requires the Committee on Standards of Official Conduct to provide an ethics training course to registered lobbyists.
Expresses the sense of Congress that any changes to the duties and responsibilities of the Office of Congressional Ethics (OCE) should strengthen, not undermine, its powers to further improve accountability and transparency in Congress.
Grants subpoena power to the OCE board to carry out its duties. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to extend the post-employment restrictions on certain executive and legislative branch officers and employees, and for other purposes."} | 1,596 | 328 | 0.451676 | 1.447792 | 0.612769 | 2.543689 | 4.440129 | 0.783172 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Chesapeake Bay
Ballast Water Management Act of 1995''.
(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 Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND
CONTROL ACT OF 1990.
(a) Aquatic Nuisance Species Control Program.--Section 1101 (16
U.S.C. 4711) is amended--
(1) by striking the heading and inserting the following new
heading:
``SEC. 1101. AQUATIC NUISANCE SPECIES CONTROL PROGRAM.'';
(2) by striking subsection (a) and inserting the following
new subsection:
``(a) Guidelines.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Ballast Water Management Act of 1995, the
Secretary shall issue voluntary guidelines to prevent the
introduction and spread of aquatic nuisance species into the
waters of the United States that result from the release of
ballast water.
``(2) Contents of guidelines.--The guidelines issued under
this subsection shall--
``(A) ensure that, to the maximum extent
practicable, ballast water containing aquatic nuisance
species is not discharged into the waters of the United
States;
``(B) take into consideration--
``(i) variations in the ecological
conditions of coastal waters of the United
States; and
``(ii) different vessel operating
conditions;
``(C) not jeopardize the safety of--
``(i) any vessel; or
``(ii) the crew and passengers of any
vessel;
``(D) provide for reporting by vessels concerning
ballast water practices; and
``(E) be based on the best scientific information
available.'';
(3) in subsection (b)--
(A) by striking the paragraph (3) added by section
302(b)(1) of the Water Resources Development Act of
1992 (106 Stat. 4839); and
(B) in the paragraph (3) added by section 4002 of
the Oceans Act of 1992 (106 Stat. 5068)--
(i) by striking ``issue'' and inserting
``promulgate''; and
(ii) by adding at the end the following:
``Subject to the requirements of this
subsection, the Secretary shall, on a periodic
basis, promulgate such revised regulations as
are necessary to ensure the prevention of the
introduction and spread of aquatic nuisance
species into the Hudson River.'';
(4) in subsection (c)--
(A) by striking ``subsection (b)'' and inserting
``this subsection''; and
(B) by striking ``(c) Civil Penalties.--'' and
inserting the following:
``(4) Civil penalties.--'';
(5) in subsection (d)--
(A) by striking ``subsection (b)'' and inserting
``this subsection''; and
(B) by striking ``(d) Criminal Penalties.--'' and
inserting the following:
``(5) Criminal penalties.--'';
(6) in subsection (e), by striking ``(e) Consultation With
Canada.--'' and inserting the following:
``(6) Consultation with canada.--'';
(7) in subsection (b), by striking ``(b) Authority of
Secretary.--(1)'' and inserting the following:
``(d) Great Lakes.--
``(1) In general.--'';
(8) in subsection (d) (as redesignated by paragraph (7) of
this subsection)--
(A) in paragraph (1)--
(i) by striking ``issue'' and inserting
``promulgate''; and
(ii) by adding at the end the following:
``Subject to the requirements of this
subsection, the Secretary shall, on a periodic
basis, promulgate such revised regulations as
are necessary to ensure the prevention of the
introduction and spread of aquatic nuisance
species into the Great Lakes.'';
(B) in paragraph (2)--
(i) by striking ``(2) The regulations
issued under this subsection shall--'' and
inserting the following:
``(2) Requirements for regulations.--The regulations
promulgated under this subsection shall--'';
(ii) by indenting subparagraphs (A) through
(I) appropriately; and
(iii) in subparagraph (A), by striking
``require'' and inserting ``cover''; and
(C) in paragraph (6) (as redesignated by paragraph
(6) of this subsection), by striking ``the guidelines
and regulations'' and inserting ``the regulations
promulgated under this subsection''; and
(9) by inserting after subsection (a) the following new
subsections:
``(b) Education and Technical Assistance.--At the same time as the
Secretary issues voluntary guidelines under subsection (a), the
Secretary shall implement multilingual (as defined and determined by
the Secretary) education and technical assistance programs and other
measures to encourage compliance with the guidelines issued under this
subsection. To the extent practicable, in carrying out the programs
implemented under this subsection, the Secretary shall arrange to use
the expertise, facilities, members, or personnel of established
agencies and organizations that have routine contact with vessels,
including the Animal and Plant Health Inspection Service of the
Department of Agriculture, port administrations, and ship pilots
associations.
``(c) Report to Congress.--Not later than 3 years after the
issuance of guidelines under subsection (a), the Secretary shall submit
to the Congress a report concerning--
``(1) the effectiveness of the voluntary guidelines; and
``(2) the need for a mandatory program to prevent the
spread of aquatic nuisance species through the exchange of
ballast water.''.
(b) Ballast Water Control Studies.--
(1) Heading.--The heading of section 1102 (16 U.S.C. 4712)
is amended to read as follows:
``SEC. 1102. BALLAST WATER CONTROL STUDIES.''.
(2) Additional studies.--Section 1102(a) (16 U.S.C.
4712(a)) is amended by adding at the end the following new
paragraphs:
``(4) Ballast release practices.--
``(A) Initial study.--Not later than the date of
issuance of the guidelines required under section
1101(a), the Secretary shall conduct a study to
determine trends in ballast water releases in the
Chesapeake Bay and other waters of the United States
that the Secretary determines to--
``(i) be highly susceptible to invasion
from aquatic nuisance species; and
``(ii) require further study.
``(B) Followup study.--Not later than 2 years after
the date of issuance of the guidelines required under
section 1101(a), the Secretary shall conduct a followup
study of the ballast water releases described in
subparagraph (A) to determine the extent of compliance
with the guidelines and the effectiveness of the
guidelines in reducing the introduction and spread of
aquatic nuisance species.
``(5) Aquatic nuisance invasions.--
``(A) Initial study.--Not later than the date of
issuance of the guidelines required under section
1101(a), the Task Force shall conduct a study to
examine the attributes and patterns of invasions of
aquatic nuisance species that occur as a result of
ballast water releases in the Chesapeake Bay and other
waters of the United States that the Task Force
determines to--
``(i) be highly susceptible to invasion
from aquatic nuisance species; and
``(ii) require further study.
``(B) Followup study.--Not later than 2 years after
the date of issuance of the guidelines required under
section 1101(a), the Task Force shall conduct a
followup study of the attributes and patterns described
in subparagraph (A) to determine the effectiveness of
the guidelines in reducing the introduction and spread
of aquatic nuisance species.''.
(c) Naval Ballast Water Program.--Subtitle B (16 U.S.C. 4701 et
seq.) is amended by adding at the end the following new section:
``SEC. 1103. NAVAL BALLAST WATER PROGRAM.
``Subject to operational conditions, the Chief of Naval Operations
of the Department of the Navy, in consultation with the Secretary, the
Task Force, and the International Maritime Organization, shall
implement a ballast water management program for the seagoing fleet of
the Navy to limit the risk of invasion by nonindigenous species
resulting from releases of ballast water.''.
(d) Authorization of Appropriations.--Section 1301(a) (16 U.S.C.
4741(a)) is amended to read as follows:
``(a) Prevention of Unintentional Introductions.--There are
authorized to be appropriated to develop and implement the provisions
of subtitle B--
``(1) $500,000 to the department in which the Coast Guard
is operating, for the period beginning with fiscal year 1996
and ending with fiscal year 2000, to be used by the Secretary
to carry out the study under section 1102(a)(4);
``(2) $2,000,000 to the Task Force, for the period
beginning with fiscal year 1996 and ending with fiscal year
2000, to be used by the Director and the Under Secretary (as
co-chairpersons of the Task Force) to carry out the study under
section 1102(a)(5); and
``(3) $1,250,000 to the department in which the Coast Guard
is operating, for each of fiscal years 1996 through 2000, to be
used by the Secretary for the development and implementation of
the guidelines issued under section 1101(a) and the
implementation and enforcement of the regulations promulgated
under section 1101(d).''. | Chesapeake Bay Ballast Water Management Act of 1995 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to mandate voluntary guidelines to prevent the introduction and spread of aquatic nuisance species (ANS) into U.S. waters that result from the release of ballast water (currently, into the Great Lakes through the exchange of ballast water prior to entering those waters).
Mandates: (1) periodic revisions to regulations to ensure the prevention of the introduction and spread of ANS into the Hudson River; (2) multilingual education and technical assistance measures to encourage guideline compliance; (3) studies, regarding the Chesapeake Bay and other U.S. waters, on trends in ballast water releases and the attributes and patters of ANS invasions from ballast water releases; and (4) a ballast water management program for the seagoing fleet of the Navy to limit ANS invasion risk.
Authorizes appropriations to develop and implement provisions relating to prevention of unintentional introductions of ANS. | {"src": "billsum_train", "title": "Chesapeake Bay Ballast Water Management Act of 1995"} | 2,276 | 223 | 0.576476 | 1.601245 | 0.85914 | 3.447514 | 11.254144 | 0.872928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Stewardship Act of 2012''.
SEC. 2. DEFINITIONS.
Section 2 of the Helium Act (50 U.S.C. 167) is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting a period;
(2) in paragraph (2), by striking ``; and'' and inserting a
period; and
(3) by adding at the end the following:
``(4) Federal helium reserve.--
``(A) In general.--The term `Federal Helium
Reserve' means helium reserves owned by the United
States.
``(B) Inclusions.--The term `Federal Helium
Reserve' includes--
``(i) the Cliffside Field helium storage
reservoir;
``(ii) the federally owned helium pipeline
system; and
``(iii) all associated infrastructure
owned, leased, or managed under contract by the
Secretary for storage, transportation,
withdrawal, purification, or management of
helium.
``(5) Low-btu gas.--The term `low-Btu gas' means a fuel gas
with a heating value of less than 250 Btu per standard cubic
foot measured as the higher heating value resulting from the
inclusion of noncombustible gases, including nitrogen, helium,
argon, and carbon dioxide.''.
SEC. 3. SALE OF CRUDE HELIUM.
Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as
follows:
``SEC. 6. SALE OF CRUDE HELIUM.
``(a) Phase A: Business as Usual.--
``(1) In general.--Subject to paragraph (2), the Secretary
may offer for sale crude helium for Federal, medical,
scientific, and commercial uses in such quantities, at such
times, and under such conditions as the Secretary, in
consultation with the helium industry, determines necessary to
carry out this subsection with minimum market disruption.
``(2) Minimum quantity.--The Secretary shall offer for sale
during each fiscal year under paragraph (1) a quantity of crude
helium that is not less than the quantity of crude helium
offered for sale by the Secretary during fiscal year 2012.
``(3) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal,
medical, and scientific uses from persons who have entered into
enforceable contracts to purchase an equivalent quantity of
crude helium from the Secretary.
``(4) Duration.--This subsection applies during the
period--
``(A) beginning on the date of enactment of the
Helium Stewardship Act of 2012; and
``(B) ending on the date on which all amounts
required to be repaid to the United States under this
Act as of October 1, 1995, are repaid in full.
``(b) Phase B: Maximizing Total Recovery of Helium.--
``(1) In general.--The Secretary may offer for sale crude
helium for Federal, medical, scientific, and commercial uses in
such quantities, at such times, and under such conditions as
the Secretary, in consultation with the helium industry,
determines necessary--
``(A) to maximize total recovery of helium from the
Federal Helium Reserve over the long term;
``(B) to manage crude helium sales according to the
ability of the Secretary to extract and produce helium
from the Federal Helium Reserve;
``(C) to respond to helium market supply and
demand;
``(D) to give priority to meeting the helium demand
of Federal users in event of any disruption to the
Federal Helium Reserve; and
``(E) to carry out this subsection.
``(2) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal,
medical, and scientific uses from persons who have entered into
enforceable contracts to purchase an equivalent quantity of
crude helium from the Secretary.
``(3) Duration.--This subsection applies during the
period--
``(A) beginning on the day after the date described
in subsection (a)(4)(B); and
``(B) ending on the date on which the volume of
recoverable crude helium at the Federal Helium Reserve
(other than privately owned quantities of crude helium
stored temporarily at the Federal Helium Reserve under
section 5 and this section) is 3,000,000,000 standard
cubic feet.
``(c) Phase C: Access for Federal Users.--
``(1) In general.--The Secretary may offer for sale crude
helium for Federal uses (including medical and scientific uses)
in such quantities, at such times, and under such conditions as
the Secretary determines necessary to carry out this
subsection.
``(2) Purchase by federal agencies.--Federal agencies, and
extramural holders of 1 or more Federal research grants, may
purchase refined helium under this subsection for Federal uses
(including medical and scientific uses) from persons who have
entered into enforceable contracts to purchase an equivalent
quantity of crude helium from the Secretary.
``(3) Effective date.--This subsection applies beginning on
the day after the date described in subsection (b)(3)(B).
``(d) Prices and Determinations.--
``(1) In general.--Sales of crude helium by the Secretary
shall be at prices established by the Secretary that
approximate the crude helium price in the private market as of
the date of the offer for sale.
``(2) Determination of sale price.--The Secretary may make
a determination of the prices described in paragraph (1)
using--
``(A) a confidential survey of qualifying domestic
helium sourcing transactions to which any holder of a
contract with the Secretary for the acceptance,
storage, and redelivery of crude helium in the
Cliffside Field helium storage reservoir is a party;
``(B) current market crude helium prices inferred
from any amount received by the Secretary from the sale
or disposition of helium on Federal land under
subsection (f); and
``(C) in consultation with the helium industry, the
volume-weighted average cost among helium refiners,
producers, and liquefiers, in dollars per thousand
cubic feet, of converting gaseous crude helium into
bulk liquid helium.
``(3) Authority of secretary.--The Secretary shall require
all persons or entities that are parties to a contract with the
Secretary for the acceptance, storage, and redelivery of crude
helium to disclose, on a strictly confidential basis in dollars
per thousand cubic feet, the weighted average price of all
crude helium and bulk liquid helium purchased or processed by
the persons in all qualifying domestic helium sourcing
transactions during the fiscal year.
``(4) Qualifying domestic helium sourcing transactions.--
``(A) In general.--In establishing the prices
described in paragraph (1), the Secretary shall
consider subparagraphs (B) and (C) to ensure a
reasonable number of transactions.
``(B) Inclusions.--For the purposes of this
subsection, qualifying domestic helium sourcing
transactions include any new agreement in the United
States for the purchase of at least 20,000,000 standard
cubic feet of crude helium or liquid helium in the
fiscal year in which the Secretary collects the data.
``(C) Exclusions.--For the purposes of this
subsection, qualifying domestic helium sourcing
transactions do not include--
``(i) purchases of crude helium from the
Secretary; or
``(ii) transactions at prices indexed to
the posted crude helium price of the Secretary.
``(5) Use of information.--The Secretary may use the
information gathered under this subsection to approximate the
current fair market price for crude helium to ensure recovery
of fair value for the taxpayers of the United States from sales
of crude helium.
``(6) Protection of confidentiality.--The Secretary shall
adopt such administrative policies and procedures that the
Secretary considers necessary and reasonable to ensure robust
protection of the confidentiality of data submitted by private
persons.
``(e) Helium Production Fund.--
``(1) In general.--All amounts received under this Act,
including amounts from the sale of crude helium, shall be
credited to the Helium Production Fund, which shall be
available without fiscal year limitation for purposes
considered necessary by the Secretary to carry out this
subsection.
``(2) Capital investments and maintenance.--The Secretary
may use funds credited to the Helium Production Fund to fund
capital investments in upgrades and maintenance at the Federal
Helium Reserve, including--
``(A) well head maintenance at the Cliffside Field
helium storage reservoir;
``(B) capital investments in maintenance and
upgrades of facilities that pressurize the Cliffside
Field helium storage reservoir;
``(C) capital investments in maintenance and
upgrades of equipment related to the storage,
withdrawal, transportation, purification, and sale of
crude helium at the Cliffside Field helium storage
reservoir; and
``(D) any other scheduled or unscheduled
maintenance of the Cliffside Field helium storage
reservoir and helium pipeline.
``(3) Excess funds.--Any amounts in the Fund described in
paragraph (1) that exceed the amounts that the Secretary
determines to be necessary to carry out paragraph (1) and any
contracts negotiated under this Act shall be paid to the
Treasury and credited against the amounts required to be repaid
to the Treasury under subsection (a).
``(f) Extraction of Helium From Deposits on Federal Land.--All
amounts received by the Secretary from the sale or disposition of
helium on Federal land shall be paid to the Treasury and credited
against the amounts required to be repaid to the Treasury under
subsection (a).''.
SEC. 4. HELIUM RESOURCE ASSESSMENT, CONSERVATION RESEARCH, AND HELIUM-3
SEPARATION.
The Helium Act is amended by striking section 15 (50 U.S.C. 167m)
and inserting the following:
``SEC. 15. HELIUM GAS RESOURCE ASSESSMENT.
``Not later than 2 years after the date of enactment of the Helium
Stewardship Act of 2012, the Secretary, acting through the Director of
the United States Geological Survey, shall--
``(1) in coordination with appropriate heads of State
geological surveys--
``(A) complete a national helium gas assessment
that identifies and quantifies the quantity of helium,
including the isotope helium-3, in each reservoir,
including assessments of the constituent gases found in
each helium resource, such as carbon dioxide, nitrogen,
and natural gas; and
``(B) make available the modern seismic and
geophysical log data for characterization of the Bush
Dome Reservoir;
``(2) in coordination with appropriate international
agencies and the global geology community, complete a global
helium gas assessment that identifies and quantifies the
quantity of the helium, including the isotope helium-3, in each
reservoir;
``(3) in coordination with the Secretary of Energy, acting
through the Administrator of the Energy Information
Administration, complete--
``(A) an assessment of trends in global demand for
helium, including the isotope helium-3;
``(B) a 10-year forecast of domestic demand for
helium across all sectors, including scientific and
medical research, manufacturing, space technologies,
cryogenics, and national defense; and
``(C) an inventory of medical, scientific,
industrial, commercial, and other uses of helium in the
United States, including Federal and commercial helium
uses, that identifies the nature of the helium use, the
amounts required, the technical and commercial
viability of helium recapture and recycling in that
use, and the availability of material substitutes
wherever possible; and
``(4) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing the results
of the assessments required under this paragraph.
``SEC. 16. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION RESEARCH AND
DEVELOPMENT.
``(a) Authorization.--The Secretary of Energy shall support
programs of research, development, commercial application, and
conservation (including the programs described in subsection (b))--
``(1) to expand the domestic production of low-Btu gas and
helium resources;
``(2) to separate and capture helium from natural gas
streams at the wellhead; and
``(3) to reduce the venting of helium and helium-bearing
low-Btu gas during natural gas exploration and production.
``(b) Programs.--
``(1) Membrane technology research.--The Secretary of
Energy, in consultation with other appropriate agencies, shall
support a civilian research program to develop advanced
membrane technology that is used in the separation of low-Btu
gases, including technologies that remove helium and other
constituent gases that lower the Btu content of natural gas.
``(2) Helium separation technology.--The Secretary of
Energy shall support a research program to develop technologies
for separating, gathering, and processing helium in low
concentrations that occur naturally in geological reservoirs or
formations, including--
``(A) low-Btu gas production streams; and
``(B) technologies that minimize the atmospheric
venting of helium gas during natural gas production.
``(3) Industrial helium program.--The Secretary of Energy,
working through the Industrial Technologies Program of the
Department of Energy, shall carry out a research program--
``(A) to develop low-cost technologies and
technology systems for recycling, reprocessing, and
reusing helium; and
``(B) to develop industrial gathering technologies
to capture helium from other chemical processing,
including ammonia processing.
``SEC. 17. HELIUM-3 SEPARATION.
``(a) Interagency Cooperation.--The Secretary shall cooperate with
the Secretary of Energy, or a designee, on any assessment or research
relating to the extraction and refining of the isotope helium-3 from
crude helium at the Federal Helium Reserve or along the helium pipeline
system, including--
``(1) gas analysis;
``(2) infrastructure studies; and
``(3) cooperation with private helium refiners.
``(b) Feasibility Study.--The Secretary, in consultation with the
Secretary of Energy, or a designee, may carry out a study to assess the
feasibility of establishing a facility to separate the isotope helium-3
from crude helium at--
``(1) the Federal Helium Reserve; or
``(2) an existing helium separation or purification
facility connected to the helium pipeline system.
``(c) Report.--Not later than 1 year after the date of enactment of
the Helium Stewardship Act of 2012, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that contains a description of the results of the assessments conducted
under this section.''.
SEC. 5. MISCELLANEOUS.
Section 102 of the Soda Ash Royalty Reduction Act of 2006 (30
U.S.C. 262 note; Public Law 109-338) is amended by striking ``5-year''
and inserting ``7-year''. | Helium Stewardship Act of 2012 - Amends the Helium Act to name all U.S.-owned helium reserves the Federal Helium Reserve, including: (1) the Cliffside Field helium storage reservoir; (2) the federally owned helium pipeline system; and (3) all associated infrastructure owned, leased, or managed under contract by the Secretary of the Interior for helium storage, transportation, withdrawal, purification, or management.
Revises the authority of the Secretary of the Interior (Secretary) to offer crude helium for sale for federal, medical, scientific, and commercial uses, dividing such sales into three phases the second of which is to maximize total recovery of helium from the Reserve.
Authorizes extramural holders of federal research grants, as well as federal agencies, to purchase refined helium for federal uses, including medical and scientific uses, from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary.
Replaces the current formula for determining the price of helium with guidelines referring to current market crude helium prices.
Directs the Secretary, acting through the Director of the U.S. Geological Survey, to undertake a national helium gas assessment.
Directs the Secretary of Energy (DOE) to support research, development, commercial application, and conservation programs to: (1) expand domestic production of low-Btu gas and helium resources, (2) separate and capture helium from natural gas streams at the wellhead, and (3) reduce venting helium and helium-bearing low-Btu gas during natural gas operations.
Instructs the Secretary of Energy to support or carry out directly research programs to develop: (1) advanced membrane technology, (2) helium separation technology, and (3) low-cost technologies and technology systems for recycling, reprocessing, and reusing helium (industrial helium program).
Directs the Secretary of the Interior to cooperate with the Secretary of Energy on any assessment or research regarding extraction and refinement of the isotope helium-3 from crude helium at the Reserve or along the helium pipeline system.
Amends the Soda Ash Royalty Reduction Act of 2006 to extend from 5 to 7 years the reduced royalty rate on soda ash produced from federal land. | {"src": "billsum_train", "title": "A bill to amend the Helium Act to ensure the expedient and responsible draw-down of the Federal Helium Reserve in a manner that protects the interests of private industry, the scientific, medical, and industrial communities, commercial users, and Federal agencies, and for other purposes."} | 3,506 | 503 | 0.681873 | 2.087487 | 0.7824 | 3.892601 | 7.451074 | 0.918854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare and Medicaid Fraud
Enforcement and Prevention Act of 2010''.
SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
(1) in subsection (a), by striking ``$10,000 or imprisoned
for not more than one year'' and inserting ``$20,000 or
imprisoned for not more than two years''; and
(2) in each of subsections (a), (b)(1), (b)(2), (c), and
(d), by striking ``$25,000 or imprisoned for not more than five
years'' and inserting ``$50,000 or imprisoned for not more than
10 years''.
(b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of such Act (42
U.S.C. 1320a-7b) is amended by adding at the end the following new
subsection:
``(g) Whoever knowingly, intentionally, and with the intent to
defraud purchases, sells, or distributes, or arranges for the purchase,
sale, or distribution of one or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than three years or fined under
title 18, United States Code (or, if greater, an amount equal to the
monetary loss to the Federal and any State government as a result of
such acts), or both.''.
(c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.
SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
FRAUD.
(a) In General.--Section 1128A(a) of the Social Security Act (42
U.S.C. 1320a-7a(a)) is amended--
(1) in paragraph (1), by striking ``to an officer,
employee, or agent of the United States, or of any department
or agency thereof, or of any State agency (as defined in
subsection (i)(1)),'';
(2) by inserting after paragraph (10), as added by section
6402(d)(2) of the Patient Protection and Affordable Care Act
(Public Law 111-148) the following new paragraphs:
``(11) conspires to commit a violation of this section; or
``(12) knowingly makes, uses, or causes to be made or used,
a false record or statement material to an obligation to pay or
transmit money or property to a Federal health care program, or
knowingly conceals or knowingly and improperly avoids or
decreases an obligation to pay or transmit money or property to
a Federal health care program;'';
(3) in the first sentence--
(A) by striking ``or in cases under paragraph (9)''
and inserting ``in cases under paragraph (9)''; and
(B) by striking ``fact)'' and inserting ``fact), in
cases under paragraph (11), $50,000 for any violation
described in this section committed in furtherance of
the conspiracy involved, and in cases under paragraph
(12), $50,000 for each false record or statement, or
concealment, avoidance, or decrease''; and
(4) in the second sentence, by striking ``material fact).''
and inserting ``material fact); or in cases under paragraph
(11), an assessment of not more than 3 times the total amount
that would otherwise apply for any violation described in this
section committed in furtherance of the conspiracy involved; or
in cases under paragraph (12), an assessment of not more than 3
times the total amount of the obligation to which the false
record or statement was material or that was avoided or
decreased.''.
(b) Timeframe.--Section 1128A(c)(1) of the Social Security Act (42
U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
inserting ``10 years''.
(c) Definitions.--Section 1128A(i) of the Social Security Act (42
U.S.C. 1320a-7a(i)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) The term `claim' means any application, request, or
demand, whether under contract, or otherwise, for money or
property for items and services under a Federal health care
program (as defined in section 1128B(f)), whether or not the
United States or a State agency has title to the money or
property, that--
``(A) is presented or caused to be presented to an
officer, employee, or agent of the United States, or of
any department or agency thereof, or of any State
agency (as defined in subsection (i)(1)); or
``(B) is made to a contractor, grantee, or other
recipient if the money or property is to be spent or
used on the Federal health care program's behalf or to
advance a Federal health care program interest, and if
the Federal health care program--
``(i) provides or has provided any portion
of the money or property requested or demanded;
or
``(ii) will reimburse such contractor,
grantee, or other recipient for any portion of
the money or property which is requested or
demanded.'';
(2) by amending paragraph (3) to read as follows:
``(3) The term `item or service' means, without limitation,
any medical, social, management, administrative, or other item
or service used in connection with or directly or indirectly
related to a Federal health care program.'';
(3) in paragraph (7)--
(A) by striking ``term `should know' means'' and
inserting ``terms `knowing', `knowingly', and `should
know' mean'';
(B) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(C) by inserting before subparagraph (B), as
redesignated by clause (ii), the following new
subparagraph:
``(A) has actual knowledge of the information;'';
and
(D) in the matter following subparagraph (C), as
redesignated by clause (ii)--
(i) by inserting ``require'' after ``and'';
and
(ii) by striking ``is required''; and
(4) by adding at the end the following new paragraphs:
``(8) The term `obligation' means an established duty,
whether or not fixed, arising from an express or implied
contractual, grantor-grantee, or licensor licensee
relationship, from a fee-based or similar relationship, from
statute or regulation, or from the retention of any
overpayment.
``(9) The term `material' means having a natural tendency
to influence, or be capable of influencing, the payment or
receipt of money or property.''.
SEC. 4. MEDICARE DATA-MINING SYSTEM; BENEFICIARY VERIFICATION PILOT
PROGRAM.
(a) Access to Claims and Payment Data.--Section1128J(a)(2) of the
Social Security Act, as added by section 6402(a) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended--
(1) by inserting ``including claims and payment data,''
after ``access to claims and payment data''; and
(2) by adding at the end the following sentence: ``In
carrying out this section, the Inspector General of the
Department of Health and Human Services, in consultation with
the Attorney General, shall implement mechanisms for the
sharing of information about suspected fraud relating to the
Federal health care programs under titles XVIII, XIX, and XXI
with other appropriate law enforcement officials.''.
(b) Beneficiary Verification Pilot Program.--
(1) In general.--By not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human
Services (in this subsection referred to as the ``Secretary'')
shall implement a 5-year pilot program (to be know as the
``Beneficiary Verification Pilot Program'') under which the
Secretary shall establish a process to verify, with respect to
claims for reimbursement under title XVIII of the Social
Security Act for items and services (as specified by the
Secretary) furnished to Medicare beneficiaries, that the
beneficiary for which the claim was made was actually furnished
such item or service. Such process may include communicating,
by phone or other means, directly with the beneficiary in order
to conduct such verification.
(2) Reports.--The Secretary shall, for each of the third,
fourth, and fifth years of the Beneficiary Verification Pilot
Program under this section, submit to Congress a report on the
effectiveness of the pilot program in reducing the occurrence
of waste, fraud, and abuse in the Medicare program under title
XVIII of the Social Security Act.
(3) Authorization of appropriations.--For purpose of
carrying out the Beneficiary Verification Pilot Program under
this subsection, there is authorized to be appropriated such
sums as may be necessary.
SEC. 5. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on Medicare administrative contractors under section
1874A of the Social Security Act, including Recovery Audit Contractors,
regarding the following areas:
(1) Training and expertise in identifying fraud, including
the education levels of the key individuals tasked to identify
or refer potential cases of fraud, and whether the Centers for
Medicare & Medicaid Services should be providing more training
to contractors, or require contractors to hire experts with
greater medical training.
(2) Acquisition and implementation of data mining software
among Medicare administrative contractors, if applicable, and
the ability or availability of such software to provide real-
time data mining capabilities.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete the study under this section and submit a report to
Congress regarding the findings of the study and recommendations for
legislation and administrative action. | Medicare and Medicaid Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid).
Adds a new offense of distribution of one or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud.
Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim.
Amends SSA title XI, as amended by the Patient Protection and Affordable Care Act, with respect to the access to claims and payment data granted to the Inspector General of the Department of Health and Human Services (HHS). Requires the Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials.
Directs the HHS Secretary to implement a five-year Beneficiary Verification Pilot Program to verify, with respect to Medicare claims, that the beneficiary for which the claim was made was actually furnished the claimed item or service.
Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors. | {"src": "billsum_train", "title": "A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system, and a Beneficiary Verification Pilot Program, and for other purposes."} | 2,348 | 353 | 0.592953 | 1.883748 | 0.706349 | 3.451505 | 7.093645 | 0.882943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Appeals Assistance and
Improvement Act of 2015''.
SEC. 2. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT
FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) In General.--Chapter 59 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5906. Program of financial assistance for support of programs
that furnish legal assistance to veterans seeking review
by United States Court of Appeals for Veterans Claims
``(a) In General.--The United States Court of Appeals for Veterans
Claims shall establish a program for the provision of financial
assistance (through grant or contract made, to the maximum extent
feasible) to facilitate the furnishing of legal and other assistance,
without charge, through programs described in subsection (b), for
veterans and other persons who are unable to afford the cost of legal
representation in connection with decisions to which section 7252(a) of
this title may apply or with other proceedings in the United States
Court of Appeals for Veterans Claims.
``(b) Programs Described.--Programs described in this subsection
are programs that furnish case screening and referral, training and
education for attorney and related personnel, and encouragement and
facilitation of pro bono representation by members of the bar and law
school clinical and other appropriate programs, such as veterans
service organizations, and through defraying expenses incurred in
providing representation to persons described in subsection (a).
``(c) Legal Services Corporation.--(1) The United States Court of
Appeals for Veterans Claims shall carry out subsection (a) by entering
into an interagency agreement with the Legal Services Corporation. The
agreement shall specify that the Corporation shall carry out the
financial assistance program described in subsection (a).
``(2) Grants or contracts awarded under the financial assistance
program described in subsection (a) shall be made by the Legal Services
Corporation pursuant to a reimbursable payment from the Court in
accordance with this section.
``(3) The Legal Services Corporation may receive a reimbursable
payment from the Court for the purpose of providing the financial
assistance described in subsection (a).
``(d) Limitation on Use of Funds.--No funds appropriated or
otherwise made available to carry out this section may be used for the
payment of attorney's fees.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2015 through 2018.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 59 is amended by inserting after the item relating to section
5905 the following new item:
``5906. Program of financial assistance for support of programs that
furnish legal assistance to veterans
seeking review by United States Court of
Appeals for Veterans Claims.''.
SEC. 3. PROGRAM OF FINANCIAL ASSISTANCE FOR SUPPORT OF PROGRAMS THAT
FURNISH LEGAL ASSISTANCE TO VETERANS SEEKING REVIEW BY
BOARD OF VETERANS' APPEALS.
(a) In General.--Chapter 59 of title 38, United States Code, as
amended by section 2(a), is further amended by adding at the end the
following new section:
``Sec. 5907. Program of financial assistance for support of programs
that furnish legal assistance to veterans seeking review
by Board of Veterans' Appeals
``(a) In General.--The Secretary shall establish a program for the
provision of financial assistance (through grant or contract made, to
the maximum extent feasible) to facilitate the furnishing of legal and
other assistance, without charge, through programs described in
subsection (b), to veterans and other persons who are unable to afford
the cost of legal representation in connection with decisions to which
section 7104 of this title may apply or with other proceedings of the
Board of Veterans' Appeals.
``(b) Programs Described.--Programs described in this subsection
are programs that furnish case screening and referral, training and
education for attorney and related personnel, and encouragement and
facilitation of pro bono representation by members of the bar and law
school clinical and other appropriate programs, such as veterans
service organizations, and through defraying expenses incurred in
providing representation to persons described in subsection (a).
``(c) Legal Services Corporation.--(1) The Secretary shall carry
out subsection (a) by entering into an interagency agreement with the
Legal Services Corporation. The agreement shall specify that the
Corporation shall carry out the financial assistance program described
in subsection (a).
``(2) Grants or contracts awarded under the financial assistance
program described in subsection (a) shall be made by the Legal Services
Corporation pursuant to a reimbursable payment from the Secretary in
accordance with this section.
``(3) The Legal Services Corporation may receive a reimbursable
payment from the Secretary for the purpose of providing the financial
assistance described in subsection (a).
``(d) Limitation on Use of Funds.--No funds appropriated or
otherwise made available to carry out this section may be used for the
payment of attorney's fees.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2015 through 2018.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 59, as amended by section 2(b), is further amended by inserting
after the item relating to section 5906 the following new item:
``5907. Program of financial assistance for support of programs that
furnish legal assistance to veterans
seeking review by Board of Veterans'
Appeals.''.
SEC. 4. EXPEDITED TREATMENT OF UNREASONABLY DELAYED CLAIMS.
(a) In General.--Section 7112 of title 38, United States Code, is
amended to read as follows:
``Sec. 7112. Expedited treatment of remanded or unreasonably delayed
claims
``(a) In General.--The Secretary shall take such actions as may be
necessary to provide for the expeditious treatment by the Board of any
claim that--
``(1) is remanded to the Secretary by the Court of Appeals
for Veterans Claims; or
``(2) has been subjected to unreasonable or excessive
delay.
``(b) Unreasonable or Excessive Delay.--For purposes of this
section, a claim shall be presumed to have been subjected to
unreasonable or excessive delay if the claim has been pending before
the Board for eight years or more.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of such title is amended by striking the item relating to
section 7112 and inserting the following new item 7112:
``7112. Expedited treatment of remanded or unreasonably delayed
claims.''.
SEC. 5. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF APPEALS OF
DECISIONS OF SECRETARY OF VETERANS AFFAIRS REGARDING
CLAIMS FOR DISABILITY COMPENSATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) complete a review of the processing of appeals of
decisions of the Secretary of Veterans Affairs regarding claims
for compensation under chapters 11 and 13 of title 38, United
States Code; and
(2) submit to Congress a report on the review completed
under paragraph (1).
(b) Elements.--The review required by subsection (a)(1) shall
include the following:
(1) Assessment of the regional offices of the Department of
Veterans Affairs, the Board of Veterans' Appeals, and the
United States Court of Appeals for Veterans Claims.
(2) Examination of prolonged delays in processing appeals
described in subsection (a)(1) and assessment of whether
reviews of such appeals are meeting statutory requirements for
timeliness.
(3) Recommendations for such legislative and administrative
action as the Comptroller General considers appropriate to
improve the processing of such appeals. | Veterans Appeals Assistance and Improvement Act of 2015 This bill directs the U.S. Court of Appeals for Veterans Claims to establish a financial assistance program to provide legal and other assistance without charge for veterans and other persons seeking Court review who are unable to afford legal representation costs. (Programs include case screening and referral, training for attorney and related personnel, and facilitation of pro bono representation by members of the bar and law school clinical and other programs.) The Department of Veterans Affairs (VA) shall establish a financial assistance program to provide legal and other assistance without charge to veterans and other persons seeking review by the Board of Veterans' Appeals who are unable to afford legal representation costs. The Court and the VA shall each carry out such programs through an interagency agreement with the Legal Services Corporation. The Corporation may receive a reimbursable payment from the Court or VA for providing such financial assistance. Funds may not be used for the payment of attorney's fees. VA shall provide for the expeditious treatment by the Board of any claim that: (1) is remanded to VA by the Court, or (2) has been pending before the Board for eight years or more. The Government Accountability Office shall review the processing of appeals of VA decisions regarding service-connected disability and dependency and indemnity compensation claims. | {"src": "billsum_train", "title": "Veterans Appeals Assistance and Improvement Act of 2015"} | 1,874 | 283 | 0.70933 | 2.280148 | 0.80149 | 4.239044 | 6.454183 | 0.916335 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extremely Hazardous Materials
Transportation Security Act of 2005''.
SEC. 2. RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the heads of other appropriate Federal, State, and
local government entities, security experts, representatives of the
hazardous materials shipping industry and labor unions representing
persons who work in the hazardous materials shipping industry, and
other interested persons, shall issue, after notice and opportunity for
public comment, regulations concerning the shipping of extremely
hazardous materials.
(b) Purposes of Regulations.--The regulations shall be consistent,
to the extent the Secretary determines appropriate, with and not
duplicative of other Federal regulations and international agreements
relating to the shipping of extremely hazardous materials and shall
require--
(1) physical security measures for such shipments, such as
the use of passive secondary containment of tanker valves and
other technologies to ensure the physical integrity of
pressurized tank cars used to transport extremely hazardous
materials, additional security force personnel, and
surveillance technologies and barriers;
(2) concerned Federal, State, and local law enforcement
authorities (including, if applicable, transit, railroad, or
port authority police agencies) to be informed before an
extremely hazardous material is transported within, through, or
near an area of concern;
(3) the creation of terrorism response plans for shipments
of extremely hazardous materials;
(4) the use of currently available technologies and systems
to ensure effective and immediate communication between
transporters of extremely hazardous materials and all entities
charged with responding to acts of terrorism involving
shipments of extremely hazardous materials;
(5) comprehensive and appropriate training in the area of
extremely hazardous materials transportation security for all
individuals who transport, load, unload, or are otherwise
involved in the shipping of extremely hazardous materials or
who would respond to an accident or incident involving a
shipment of extremely hazardous material or would have to
repair transportation equipment and facilities in the event of
such an accident or incident; and
(6) for the transportation of extremely hazardous materials
through or near an area of concern, the Secretary to determine
whether or not the transportation could be made by one or more
alternate routes at lower security risk and, if the Secretary
determines the transportation could be made by an alternate
route, the use of such alternate route, except when the
origination or destination of the shipment is located within
the area of concern.
(c) Judicial Relief.--A person (other than an individual) who
transports, loads, unloads, or is otherwise involved in the shipping of
hazardous materials and violates or fails to comply with a regulation
issued by the Secretary under this section may be subject, in a civil
action brought in United States district court, for each shipment with
respect to which the violation occurs--
(1) to an order for injunctive relief; or
(2) to a civil penalty of not more than $100,000.
(d) Administrative Penalties.--
(1) Penalty orders.--The Secretary may issue an order
imposing an administrative penalty of not more than $1,000,000
for failure by a person (other than an individual) who
transports, loads, unloads, or is otherwise involved in the
shipping of hazardous materials to comply with a regulation
issued by the Secretary under this section.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against whom the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30
days after the date on which the person receives the
notice, a hearing on the proposed order.
(3) Procedures.--The Secretary may issue regulations
establishing procedures for administrative hearings and
appropriate review of penalties issued under this subsection,
including necessary deadlines.
SEC. 3. WHISTLEBLOWER PROTECTION.
(a) In General.--No person involved in the shipping of extremely
hazardous materials may be discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against because of any
lawful act done by the person--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the person reasonably believes constitutes a
violation of any law, rule or regulation related to the
security of shipments of extremely hazardous materials, or any
other threat to the security of shipments of extremely
hazardous materials, when the information or assistance is
provided to or the investigation is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of
Congress; or
(C) a person with supervisory authority over the
person (or such other person who has the authority to
investigate, discover, or terminate misconduct);
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed or about to be
filed relating to a violation of any law, rule or regulation
related to the security of shipments of extremely hazardous
materials or any other threat to the security of shipments of
extremely hazardous materials; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation related to the security of shipments
of extremely hazardous materials.
(b) Enforcement Action.--
(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
(A) filing a complaint with the Secretary of Labor;
or
(B) if the Secretary has not issued a final
decision within 180 days of the filing of the complaint
and there is no showing that such delay is due to the
bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--
(A) In general.-- An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
person's employer.
(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 90 days
after the date on which the violation occurs.
(c) Remedies.--
(1) In general.--A person prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to
make the person whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status
that the person would have had, but for the
discrimination;
(B) the amount of any back pay, with interest; and
(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
(d) Rights Retained by Person.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any person
under any Federal or State law, or under any collective bargaining
agreement.
SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORTATION
SECURITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the heads of other appropriate Federal agencies,
shall transmit to Congress a report on the security of, and risk of a
terrorist attack on, shipments of extremely hazardous materials.
(b) Content.--The report under subsection (a) shall include--
(1) information specifying--
(A) the Federal and State agencies that are
responsible for the regulation of the transportation of
extremely hazardous materials; and
(B) the particular authorities and responsibilities
of the heads of each such agency; and
(2) an assessment of the vulnerability of the
infrastructure associated with the transportation of extremely
hazardous materials.
(c) Form.--The report under subsection (a) shall be in unclassified
form but may contain a classified annex.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Extremely hazardous material.--The term ``extremely
hazardous material'' means--
(A) a material that is toxic by inhalation;
(B) a material that is extremely flammable;
(C) a material that is highly explosive; and
(D) any other material designated by the Secretary
to be extremely hazardous.
(2) Area of concern.--The term ``area of concern'' means an
area that the Secretary determines could pose a particular
interest to terrorists. | Extremely Hazardous Materials Transportation Security Act of 2005 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) the creation of response plans for shipments of extremely hazardous materials; (4) the use of currently available technologies and systems to ensure effective communication between transporters of extremely hazardous materials and all entities charged with responding to acts of terrorism involving shipments of such materials; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area of concern could be made by alternate routes at a lower security risk.
Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties.
Sets forth whistleblower protections for persons involved in the shipment of extremely hazardous materials.
Requires the Secretary to report to Congress on the security of, and risk of a terrorist attack on, such shipments.
Defines "extremely hazardous material" as material that is toxic by inhalation, extremely flammable, highly explosive, or otherwise designated by the Secretary. | {"src": "billsum_train", "title": "To direct the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials, and for other purposes."} | 1,964 | 293 | 0.709094 | 2.089349 | 0.863144 | 4.539326 | 7.048689 | 0.951311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Library Donation Reform
Act of 2009''.
SEC. 2. PRESIDENTIAL LIBRARIES.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) Any Presidential library fundraising organization shall
submit on a quarterly basis, in accordance with paragraph (2),
information with respect to every contributor who gave the organization
a contribution or contributions (whether monetary or in-kind) totaling
$200 or more for the quarterly period.
``(2) For purposes of paragraph (1)--
``(A) the entities to which information shall be submitted
under that paragraph are the Administration, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the dates by which information shall be submitted
under that paragraph are April 15, July 15, October 15, and
January 15 of each year and of the following year (for the
fourth quarterly filing);
``(C) the requirement to submit information under that
paragraph shall continue until the later of the following
occurs:
``(i) The Archivist has accepted, taken title to,
or entered into an agreement to use any land or
facility for the archival depository.
``(ii) The President whose archives are contained
in the depository no longer holds the Office of
President and a period of four years has expired
(beginning on the date the President left the Office).
``(3) In this subsection:
``(A) The term `Presidential library fundraising
organization' means an organization that is established for the
purpose of raising funds for creating, maintaining, expanding,
or conducting activities at--
``(i) a Presidential archival depository; or
``(ii) any facilities relating to a Presidential
archival depository.
``(B) The term `information' means the following:
``(i) The amount or value of each contribution made
by a contributor referred to in paragraph (1) in the
quarter covered by the submission.
``(ii) The source of each such contribution, and
the address of the entity or individual that is the
source of the contribution.
``(iii) If the source of such a contribution is an
individual, the occupation of the individual.
``(iv) The date of each such contribution.
``(4) The Archivist shall make available to the public through the
Internet (or a successor technology readily available to the public) as
soon as is practicable after each quarterly filing any information that
is submitted under paragraph (1). The information shall be made
available without a fee or other access charge, in a searchable,
sortable, and downloadable database.
``(5)(A) It shall be unlawful for any person who makes a
contribution described in paragraph (1) to knowingly and willfully
submit false material information or omit material information with
respect to the contribution to an organization described in such
paragraph.
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(6)(A) It shall be unlawful for any Presidential library
fundraising organization to knowingly and willfully submit false
material information or omit material information under paragraph (1).
``(B) The penalties described in section 1001 of title 18, United
States Code, shall apply with respect to a violation of subparagraph
(A) in the same manner as a violation described in such section.
``(7)(A) It shall be unlawful for a person to knowingly and
willfully--
``(i) make a contribution described in paragraph (1) in the
name of another person;
``(ii) permit his or her name to be used to effect a
contribution described in paragraph (1); or
``(iii) accept a contribution described in paragraph (1)
that is made by one person in the name of another person.
``(B) The penalties set forth in section 309(d) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a
violation of subparagraph (A) in the same manner as if such violation
were a violation of section 316(b)(3) of such Act (2 U.S.C.
441b(b)(3)).
``(8) The Archivist shall promulgate regulations for the purpose of
carrying out this subsection.''.
(b) Applicability.--Section 2112(h) of title 44, United States Code
(as added by subsection (a))--
(1) shall apply to an organization established for the
purpose of raising funds for creating, maintaining, expanding,
or conducting activities at a Presidential archival depository
or any facilities relating to a Presidential archival
depository before, on or after the date of the enactment of
this Act; and
(2) shall only apply with respect to contributions (whether
monetary or in-kind) made after the date of the enactment of
this Act.
Passed the House of Representatives January 7, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Presidential Library Donation Reform Act of 2009 - Amends federal law regarding presidential archival depositories to require any presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration and specified congressional committees on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period.
Requires the Archivist of the United States to make such information available to the public through the Internet as soon as is practicable after each quarterly filing.
Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit false information or omit material information. Prescribes criminal penalties for violation of such prohibitions. | {"src": "billsum_train", "title": "To amend title 44, United States Code, to require information on contributors to Presidential library fundraising organizations."} | 1,163 | 149 | 0.545466 | 1.513728 | 0.710563 | 4.464 | 8.912 | 0.864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian and Alaska Native Foster Care
and Adoption Services Amendments of 2005''.
SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
(a) Children Placed in Tribal Custody Eligible for Foster Care
Funding.--Section 472(a) of the Social Security Act (42 U.S.C.
672(a)(2)) is amended by striking paragraph (2) and inserting the
following:
``(2) the placement and care of a child under this section
shall be the responsibility of--
``(A) the State agency administering the State plan
approved under section 471;
``(B) any other public agency with which the State
agency administering or supervising the administration
of the State plan approved under section 471 has made
an agreement that is in effect; or
``(C) an Indian tribe (as defined in section
479B(e)) or an intertribal consortium, if the Indian
tribe or intertribal consortium--
``(i) does not operate a program under
section 479B; and
``(ii)(I) has a cooperative agreement with
a State under section 479B(c); or
``(II) submits to the Secretary a
description of the arrangements (jointly
developed or developed in consultation with the
State) made by the Indian tribe or intertribal
consortium for the payment of funds and the
provision of the child welfare services and
protections required under this title;''.
(b) Programs Operated by Indian Tribal Organizations.--Part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended
by adding at the end the following:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
``(a) Definitions of Indian Tribe; Tribal Organization.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given those terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(b) Application.--Except as provided in subsection (b), this part
shall apply to an Indian tribe that elects to operate a program under
this part in the same manner as this part applies to a State.
``(c) Modification of Plan Requirements.--
``(1) In general.--In the case of an Indian tribe
submitting a plan for approval under section 471, the plan
shall--
``(A) in lieu of the requirement of section
471(a)(3), identify any service area and population to
be served by the Indian tribe; and
``(B) in lieu of the requirement of section
471(a)(10), provide for the approval of foster homes in
accordance with tribal standards and in a manner that
ensures the safety of, and accountability for, children
placed in foster care.
``(2) Determination of Federal share.--
``(A) Per capita income.--
``(i) In general.--For purposes of
determining the Federal medical assistance
percentage applicable to an Indian tribe under
paragraphs (1) and (2) of section 474(a), the
calculation of the per capita income of an
Indian tribe shall be based on the service
population of the Indian tribe as defined in
the plan of the tribe, in accordance with
paragraph (1)(A).
``(ii) Consideration of other
information.--Before making a calculation under
clause (i), the Secretary shall consider any
information submitted by an Indian tribe that
the Indian tribe considers relevant to the
calculation of the per capita income of the
Indian tribe.
``(B) Administrative expenditures.--The Secretary
shall, by regulation, determine the proportions to be
paid to Indian tribes pursuant to section 474(a)(3),
except that in no case shall an Indian tribe receive a
lesser proportion than the corresponding amount
specified for a State under that section.
``(C) Sources of non-federal share.--An Indian
tribe may use Federal or State funds to match payments
for which the Indian tribe is eligible under section
474.
``(3) Modification of other requirements.--On the request
of an Indian tribe, the Secretary may modify any requirement
under this part if, after consulting with the Indian tribe, the
Secretary determines that modification of the requirement would
advance the best interests and the safety of children served by
the Indian tribe.
``(4) Consortium.--The participating Indian tribes of an
intertribal consortium may develop and submit a single plan
under section 471 that meets the requirements of this section.
``(d) Cooperative Agreements.--
``(1) In general.--An Indian tribe or intertribal
consortium and a State may enter into a cooperative agreement
for the administration or payment of funds under this part.
``(2) Effect of section on agreements.--If an Indian tribe
or intertribal consortium and a State enter into a cooperative
agreement that incorporates any of the provisions of this
section, those provisions shall be valid and enforceable.
``(3) Prior existing agreements.--A cooperative agreement
under paragraph (1) that is in effect as of the date of
enactment of this section shall remain in full force and
effect, subject to the right of either party to the agreement
to revoke or modify the agreement pursuant to the terms of the
agreement.
``(e) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary, in consultation with Indian
tribes and tribal organizations, shall promulgate regulations to carry
out this section.''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act, regardless of the date on
which regulations are promulgated to carry out the amendments. | Indian and Alaska Native Foster Care and Adoption Services Amendments of 2005 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize an Indian tribe or intertribal consortium operating a foster care program to receive Federal foster care maintenance payments for children placed in its custody. Requires the State to make such payments if the tribe or consortium does not operate such a program but does have a cooperative agreement with the State for such purpose. | {"src": "billsum_train", "title": "A bill to amend part E of title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas."} | 1,356 | 107 | 0.631074 | 1.616502 | 0.926332 | 2.752809 | 13.168539 | 0.865169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Retirement Health Savings Act of
2015''.
SECTION 2. ROLLOVERS FROM RETIREMENT PLANS TO HEALTH SAVINGS ACCOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139E the following new section:
``SEC. 139F. HSA FUNDING DISTRIBUTIONS.
``(a) In General.--In the case of an eligible individual, gross
income does not include a qualified HSA funding distribution.
``(b) Qualified HSA Funding Distribution.--For purposes of this
section, the term `qualified HSA funding distribution' means any
distribution from an eligible retirement plan of an eligible individual
to the extent that such distribution is contributed to a health savings
account of such individual (or of the surviving spouse, a dependent of
the surviving spouse, or alternate payee (as defined in section
414(p)(8)) of such individual) not later than the 60th day after the
day on which such individual (or such surviving spouse, dependent, or
alternate payee) receives such distribution or in a direct trustee-to-
trustee transfer.
``(c) Distribution Treated as Rollover to HSA.--For purposes of
sections 223 and 4973(g), a qualified HSA funding distribution shall be
treated as a rollover contribution described in section 223(f)(5).
``(d) Definitions.--For purposes of this section--
``(1) Eligible retirement plan.--The term `eligible
retirement plan' has the meaning given such term by section
402(c)(8)(B), except that such term shall also include an
eligible deferred compensation plan maintained by an eligible
employer described in section 457(e)(1)(B).
``(2) Eligible individual.--The term `eligible individual'
has the meaning given such term by section 223(c)(1).''.
(b) 10-Percent Penalty on Early Distributions Not To Apply.--
Section 72(t)(2)(A) of such Code is amended by striking ``or'' at the
end of clause (vii), by striking the period at the end of clause (viii)
and inserting ``, or'', and by inserting after clause (viii) the
following new clause:
``(ix) a qualified HSA funding distribution
(as defined by section 139F(b)).''.
(c) Repeal of One-Time Qualified HSA Funding Distributions From
IRAs.--Section 408(d) of such Code is amended by striking paragraph
(9).
(d) Conforming Amendments.--
(1) Section 26(b)(2)(S) of such Code is amended by striking
``, 223(b)(8)(B)(i)(II), and 408(d)(9)(D)(i)(II)'' and
inserting ``and 223(b)(8)(B)(i)(II)''.
(2) Section 223(b)(4) of such Code is amended by striking
subparagraph (C), by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and by inserting ``,
and'' at the end of subparagraph (A).
(3) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (IV), by striking
``and'' at the end of subclause (V) and inserting ``or'', and
by inserting after subclause (V) the following new subclause:
``(VI) the funding of a health
savings account under section 139F,
and''.
(4) Section 402(c)(4) 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
inserting after subparagraph (C) the following new
subparagraph:
``(D) any qualified HSA funding distribution (as
defined by section 139F(b)).''.
(5) Section 403(a) of such Code is amended by adding at the
end the following new paragraph:
``(6) Special rule for qualified hsa funding
distribution.--To the extent provided in section 139F,
paragraph (1) shall not apply to the amount distributed under
the contract which is otherwise includible in gross income
under this subsection.''.
(6) Section 403(b) of such Code is amended by adding at the
end the following new paragraph:
``(15) Special rule for qualified hsa funding
distribution.--To the extent provided in section 139F,
paragraph (1) shall not apply to the amount distributed under
the contract which is otherwise includible in gross income
under this subsection.''.
(7) Section 457(a) of such Code is amended by adding at the
end the following new paragraph:
``(4) Special rule for qualified hsa funding
distribution.--To the extent provided in section 139F,
paragraph (1) shall not apply to amounts otherwise includible
in gross income under this subsection.''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after the date of the
enactment of this Act. | Retirement Health Savings Act of 2015 This bill amends the Internal Revenue Code to exclude from gross income, for income tax purposes, distributions from certain tax-exempt retirement plans to a heath savings account in which an individual who is covered by a high deductible health care plan is participating (qualified HSA funding distribution). The bill also exempts such distributions from the 10% penalty for premature retirement plan distributions. | {"src": "billsum_train", "title": "Retirement Health Savings Act of 2015"} | 1,260 | 105 | 0.539463 | 1.26616 | 1.02274 | 1.493333 | 13.52 | 0.746667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Big Cats and Public Safety
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The global illicit trade in wildlife may be worth up to
$20,000,000,000 annually and the value of legal wildlife trade
in the United States was recently estimated at $2,800,000,000
annually.
(2) The illegal trade in prohibited wildlife species (as
defined in section 2(g) of the Lacey Act Amendments of 1981 (16
U.S.C. 3371(g)) stimulates demand and expands markets in which
those species can be illegally sold.
(3) The private possession, breeding, and sale of
prohibited wildlife species has a substantial and detrimental
effect on the health and general welfare of the people of the
United States and on the conservation of the species
themselves.
(4) Private possession and breeding of prohibited wildlife
species have a substantial and direct effect on interstate
commerce because prohibited wildlife species are frequently
bred and possessed to be used in public exhibition or for sale
or transfer of ownership in the exotic pet trade, and are often
transported in interstate commerce for these purposes.
(5) Private possession and breeding of prohibited wildlife
species contributes to the interstate traffic in those species
and may contribute to illegal international wildlife trade.
(6) Prohibited wildlife species in private possession, or
distributed intrastate, are fungible commodities that cannot be
differentiated, in terms of control, from prohibited wildlife
species possessed or distributed interstate.
(7) It is exceedingly difficult to distinguish between
prohibited wildlife species that are possessed, bred, sold, or
transported in interstate commerce from those that have not
been.
(8) Federal control of the intrastate private possession
and breeding of prohibited wildlife species is essential to the
effective control of the interstate incidents of traffic in
prohibited wildlife species.
(9) The United States is a party to the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, which was designed to protect species of wild fauna and
flora against overexploitation through international trade.
SEC. 3. DEFINITIONS.
(a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
(1) by redesignating subsections (a) through (k) as
subsections (b) through (l), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Breed.--The term `breed' means to facilitate the propagation
or reproduction (whether intentionally or negligently), or to fail to
prevent the propagation or reproduction, of a prohibited wildlife
species or other animal.''; and
(3) by adding at the end the following:
``(m) Traveling Circus.--The term `traveling circus' means an
exhibitor holding a Class C license issued under the Animal Welfare Act
(7 U.S.C. 2131 et seq.).''.
(b) Conforming Amendments.--
(1) Consolidated farm and rural development act.--Section
349(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
inserting ``section 2(b)''.
(2) Lacey act amendments of 1981.--
(A) Section 3(e)(2)(C) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
(i) in clause (ii), by striking ``section
2(g)'' and inserting ``section 2(h)''; and
(ii) in clause (iii), by striking ``section
2(g)'' and inserting ``section 2(h)''.
(B) Section 7(c) of the Lacey Act Amendments of
1981 (16 U.S.C. 3376(c)) is amended by striking
``section 2(f)(2)(A)'' and inserting ``section
2(g)(2)(A)''.
SEC. 4. PROHIBITIONS.
Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3372(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking the semicolon
at the end and inserting ``; or'';
(B) in subparagraph (B)(iii), by striking ``; or''
and inserting a semicolon; and
(C) by striking subparagraph (C);
(2) in paragraph (3)(B)(iii), by striking ``; or'' and
inserting a semicolon;
(3) by redesignating paragraph (4) as paragraph (5);
(4) by inserting after paragraph (3) the following:
``(4) subject to subsection (e), to import, export,
transport, sell, receive, acquire, or purchase in interstate or
foreign commerce, or to breed or possess, any prohibited
wildlife species; or''; and
(5) in paragraph (5), (as so redesignated), by striking
``(1) through (3)'' and inserting ``(1) through (4)''.
SEC. 5. NONAPPLICABILITY OF OFFENSES.
(a) In General.--Section 3(e) of the Lacey Act Amendments of 1981
(16 U.S.C. 3372(e)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Subsection (a)(4) shall not apply to--
``(A) the importation, exportation, transportation,
sale, receipt, acquisition, purchase, breeding, or
possession of an animal of a prohibited wildlife
species, by any person that, under any regulation
promulgated under paragraph (3), is described in
subparagraph (A), (B), (C), (D), or (F) of paragraph
(2) with respect to that species; and
``(B) the transportation or possession of an animal
of a prohibited wildlife species, by a person that,
under any regulation promulgated under paragraph (3),
is described in paragraph (2)(E) with respect to that
species.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) is an institution accredited by the
Association of Zoos and Aquariums (AZA) or certified
related facilities that coordinate with an AZA Species
Survival Plan for breeding of species listed as
threatened or endangered pursuant to the provision of
law codified at section 1533 of title 16, United States
Code;'';
(B) in subparagraph (C)--
(i) by striking ``is an accredited'' and
inserting ``is a'';
(ii) in clause (iii), by striking ``and'';
(iii) in clause (iv), by striking ``or''
and inserting ``and''; and
(iv) by adding at the end the following:
``(v) does not allow the transportation and
display of animals off-site;'';
(C) in subparagraph (D), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(E) is in possession of any animal of any
prohibited wildlife species, that--
``(i) is born before the date of enactment
of this subparagraph; and
``(ii) not later than 180 days after the
date on which regulations are promulgated
implementing this subparagraph, is registered
with the Animal and Plant Health Inspection
Service; or
``(F) is a traveling circus that--
``(i) regularly travels in interstate
commerce to conduct performances featuring live
prohibited wildlife species and multiple
trained human entertainers, including clowns
and acrobats;
``(ii) does not allow members of the public
to be in direct contact with or unsafe
proximity to a prohibited wildlife species of
any age, including offering photographic
opportunities or interactive sessions; and
``(iii) during the 3-year period preceding
the date of the enactment of this subparagraph,
has not been determined by the Secretary of
Agriculture to have violated the Animal Welfare
Act (7 U.S.C. 2131 et seq.) by reason of
jeopardizing the health and well-being of a
prohibited wildlife species, including
jeopardizing such health and well-being by
providing--
``(I) inappropriate veterinary
care;
``(II) inappropriate handling of
the species causing stress or trauma to
the species or a threat to public
safety; or
``(III) insufficient food, water,
shelter, or space.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, and the
Secretary of Agriculture, acting through the Administrator of the
Animal and Plant Health Inspection Service, shall promulgate
regulations implementing the amendments made by this section.
SEC. 6. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by inserting ``(a)(4),'' after ``subsections''; and
(2) by striking ``subsection (d)'' and inserting
``subsection (a)(4), (d),''.
(b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' after
the comma at the end;
(B) in subparagraph (B), by adding ``or'' after the
comma at the end; and
(C) by inserting after subparagraph (B) the
following:
``(C) knowingly violates section 3(a)(4),''; and
(2) in paragraph (2), by inserting ``, or in the exercise
of due care should know that the conduct violates section
3(a)(4),'' after ``treaty or regulation''.
SEC. 7. FORFEITURE.
Section 5(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)) is amended--
(1) in paragraph (1), by striking ``or purchased'' and
inserting ``purchased, bred, or possessed,''; and
(2) in paragraph (2)--
(A) by striking ``or purchasing'' and inserting
``purchasing, breeding, or possessing,'' and
(B) by striking ``sale or purchase of, the offer of
sale or purchase of, or the intent to sell or
purchase'' and inserting ``importation, exportation,
transportation, sale, receipt, acquisition, purchase,
breeding, or possession of, the offer of importation,
exportation, transportation, sale, receipt,
acquisition, purchase, breeding, or possession of, or
the intent to import, export, transport, sell, receive,
acquire, purchase, breed, or possess''. | Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing in interstate or foreign commerce, breeding, or possessing any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the breeding transportation, or possession of such species by authorized persons. Defines "breeding" as facilitating the propagation or reproduction (whether intentionally or negligently), or failing to prevent the propagation or reproduction, of a prohibited wildlife species or other animal. Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, purchase, breed, or possess such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list: an institution accredited by the Association of Zoos and Aquariums (AZA) or certified related facilities that coordinate with an AZA Species Survival Plan for breeding of species listed as threatened or endangered under the Endangered Species Act of 1973; a wildlife sanctuary that cares for such species, is a tax exempt corporation, does not commercially trade in or propagate such species, does not allow direct contact between the public and animals, and does not allow the transportation and display of such species off-site; a person that is in possession of animals of such species that were born before the date of this Act's enactment and that are registered with APHIS within 180 days after such regulations are promulgated; and a traveling circus that regularly travels in interstate commerce to conduct performances featuring live prohibited wildlife species and multiple trained human entertainers, that does not allow members of the public to be in direct contact with or unsafe proximity to a prohibited wildlife species of any age, and that, during the three years preceding this Act's enactment, has not been determined by the Secretary of Agriculture to have violated the Animal Welfare Act by reason of jeopardizing the health and well-being of a prohibited wildlife species. Establishes civil and criminal penalties and forfeiture requirements for violations of this Act. | {"src": "billsum_train", "title": "Big Cats and Public Safety Protection Act"} | 2,565 | 519 | 0.543986 | 1.784883 | 0.701732 | 3.779043 | 5.218679 | 0.863326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaborative Academic Research
Efforts for Tourette Syndrome Act of 2011''.
SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO
TOURETTE SYNDROME.
Part B of title IV of the Public Health Service Act is amended by
inserting after section 409J (42 U.S.C. 284q) the following:
``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES
WITH RESPECT TO TOURETTE SYNDROME.
``(a) In General.--The Secretary, acting through the Director of
NIH, shall expand, intensify, and coordinate the programs and
activities of the National Institutes of Health with respect to
Tourette syndrome.
``(b) Data Collection.--
``(1) System.--In carrying out subsection (a), the
Secretary shall develop a system to collect data on Tourette
syndrome, including epidemiologic information with respect to
the incidence and prevalence of Tourette syndrome in the United
States.
``(2) Broad and narrow definitions.--The data collection
system under paragraph (1) shall provide for the collection of
primary data on Tourette syndrome, including related data on
the various conditions known to be comorbid with Tourette
syndrome.
``(3) Collection by population and geographical region.--
The data collection system under paragraph (1) shall provide
for the collection of data on the availability of medical and
social services for individuals with Tourette syndrome and
their families and the disaggregation of such data by
population and geographical region.
``(c) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall make awards of grants and contracts to public
or nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding research
on Tourette syndrome.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into Tourette syndrome.
Such research should include investigations into the cause,
diagnosis, early detection, prevention, control, and treatment
of Tourette syndrome. The centers, as a group, shall conduct
research including the fields of developmental neurobiology,
genetics, and psychopharmacology.
``(3) Services for patients.--
``(A) In general.--A center under paragraph (1) may
expend amounts provided under such paragraph to carry
out a program to make individuals aware of
opportunities to participate as subjects in research
conducted by the centers.
``(B) Referral and costs.--A program under
subparagraph (A) may, in accordance with such criteria
as the Secretary may establish, provide to the subjects
described in such subparagraph, referrals for health
and other services, and such patient care costs as are
required for research.
``(C) Availability and access.--The extent to which
a center can demonstrate availability and access to
clinical services shall be considered by the Secretary
in decisions about awarding grants to applicants which
meet the scientific criteria for funding under this
section.
``(4) Organization of centers.--
``(A) In general.--A center under paragraph (1)
may--
``(i) use the facilities of a single
institution; or
``(ii) be formed from a consortium of
cooperating institutions and patient advocacy
groups in order to maximize the scope of the
center's services and geographic coverage.
``(B) Eligibility requirements.--To be eligible to
make facilities so available (as described in
subparagraph (A)(i)) or participate in such a
consortium (as described in subparagraph (B)), an
institution or group shall meet such requirements as
the Secretary may prescribe.
``(5) Number of centers; duration of support.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall provide for the
establishment of not fewer than 4 and not more than 6
centers under paragraph (1).
``(B) Geographical distribution.--The Secretary
shall--
``(i) ensure that each of the centers
established under paragraph (1) is located in a
different region of the United States than the
other such centers; and
``(ii) encourage the formation of such
centers from a consortium of entities (as
described in paragraph (4)(A)(ii)) covering
multiple States.
``(C) Duration.--Support for a center established
under paragraph (1) may be provided under this section
for a period of not to exceed 5 years. Such period may
be extended for one or more additional periods not
exceeding 5 years if the operations of such center have
been reviewed by an appropriate technical and
scientific peer review group established by the
Secretary and if such group has recommended to the
Secretary that such period should be extended.
``(d) Research on Symptomology and Treatment.--In carrying out
subsection (a), the Secretary shall award grants on a competitive basis
for research on--
``(1) the full range of symptomology within the Tourette
syndrome clinical spectrum; and
``(2) the efficacy of treatment options for particular
patient subpopulations.
``(e) Funding.--Of the amounts made available to carry out the
programs and activities of the National Institutes of Health for a
fiscal year, the Secretary shall designate a portion of such amounts
for carrying out the programs and activities of the National Institutes
of Health with respect to Tourette syndrome.''. | Collaborative Academic Research Efforts for Tourette Syndrome Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH programs and activities regarding Tourette syndrome.
Requires the Director to develop a system to collect data on Tourette syndrome, including epidemiological information regarding its incidence and prevalence in the United States, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families.
Requires the Director to award grants and contracts to public or nonprofit private entities to pay costs of planning, establishing, improving, and providing basic operating support for between four and six centers of excellence in different regions of the United States to conduct basic and clinical research on Tourette syndrome.
Requires the Secretary to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome."} | 1,226 | 221 | 0.71345 | 2.088643 | 1.082021 | 4.145161 | 6.016129 | 0.930108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Democracy and Human
Rights in Ethiopia Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite progress and an estimated annual growth rate of
nearly 10 percent, Ethiopia remains one of the poorest and most
hunger-prone countries in the world, with more than half of the
population of 78,000,000 living on less than $1 per day.
(2) Since the collapse of the Derg and overthrow of the
Mengistu regime in 1991, the Ethiopian Peoples' Revolutionary
Democratic Front-led government has overseen the introduction
of a multiparty system and the adoption of a new constitution
that guarantees economic, social, and cultural rights and
states that ``human and democratic rights of peoples and
citizens shall be protected.''
(3) Ethiopia and Eritrea fought a bloody border war between
1998 and 2000, and, despite the Algiers Accord ending the
conflict and the agreement to abide by the final and binding
Ethiopia-Eritrea Border Commission (EEBC) arbitration, the
Government of Ethiopia has refused to comply with the final
physical demarcation of the border and the Government of
Eritrea has expelled the United Nations peacekeeping force,
causing regional instability and keeping alive the possibility
of a renewed border war.
(4) According to the March 2010 report by the United
Nations Monitoring Group on Somalia, ``Since the cessation of
hostilities between the [Ethiopia and Eritrea] in 2000, Asmara
has sought to counter Ethiopian influence in the region and
supported armed groups within Ethiopia who oppose the current
government. Since 2006, and possibly earlier, Eritrea has
supported opposition to the Transitional Federal Government,
which it perceives as a proxy for the Government of Ethiopia.''
(5) Sporadic fighting has continued between Ethiopian
National Defense Forces (ENDF) and armed opposition Ogaden
National Liberation Front (ONLF) in the Somali Region of
Ethiopia. Stringent restrictions continue to be placed on media
and aid workers, making it difficult for independent observers
and aid workers to monitor or respond to the humanitarian and
human rights situation, including the behavior of the Ethiopian
National Defense Forces, allied militia forces, and the Ogaden
National Liberation Front.
(6) Credible sources indicate there are ongoing and serious
human rights abuses against civilians in the Somali Region,
including arbitrary arrests and detentions by military, police
and paramilitary forces; allegations of torture in military and
police custody, including sexual violence against women and
girls; and diversion of food aid intended for civilian
communities.
(7) In the run up to the 2010 elections, the Ethiopian
Parliament passed a number of new laws, including the Charities
and Societies Proclamation and the Anti-Terrorism Proclamation,
which severely restrict freedom of expression, freedom of
association, peaceful assembly, and the right to a fair trial,
while broadening the definition of terrorism.
(8) The Department of State's 2009 Country Reports on Human
Rights Practices states that ``although the constitution and
law prohibit the use of torture and mistreatment . . .
[o]pposition political party leaders reported frequent and
systematic abuse and intimidation of their supporters by police
and regional militias'' and that ``opposition UDJ party
president Birtukan Mideksa, whose pardon was revoked and life
sentence reinstate in December 2008, remain in prison
throughout the year. She was held in solitary confinement . . .
despite a court ruling that indicate it was a violation of her
constitutional rights''.
(9) In its 2010 Freedom in the World report, Freedom House
noted that, in the run up to elections, Ethiopia saw a
``narrowing of political activity . . .'' and that ``the
government cracked down on operations of nongovernmental
organizations and . . . a series of arrests of opposition
figures''.
(10) The European Union Election Observer Mission noted in
its preliminary statement on the May 23, 2010 elections, ``The
National Electoral Board of Ethiopia administered the electoral
process in an efficient and competent manner, but failed to
dispel opposition parties' lack of trust in its independence.
While several positive improvements have been introduced, the
electoral process fell short of certain international
commitments, notably regarding the transparency of the process
and the lack of a level playing field for all contesting
parties.''
(11) In testimony before the Subcommittee on Africa and
Global Health of the Committee on Foreign Affairs of the House
of Representatives, Assistant Secretary of State for African
Affairs Johnnie Carson stated that ``[w]hile the [Ethiopian]
elections were calm and peaceful and largely without any kind
of violence we note with some degree of remorse that the
elections there were not up to international standards,'' and
that ``[i]t is important that Ethiopia move forward in
strengthening its democratic institutions and when elections
are held that it level the playing field to give everyone a
free opportunity to participate without fear or favor''.
(12) On May 25th, 2010, the National Security Council's
spokesman Mike Hammer, released a statement which noted with
concern that ``The limitation of independent observation and
the harassment of independent media representatives [in
Ethiopia] are deeply troubling . . . [and that an] environment
conducive to free and fair elections was not in place even
before Election Day.'' The statement also noted that ``[i]n
recent years, the Ethiopian government has taken steps to
restrict political space for the opposition through
intimidation and harassment, tighten its control over civil
society, and curtail the activities of independent media. We
are concerned that these actions have restricted freedom of
expression and association and are inconsistent with the
Ethiopian government's human rights obligations.''
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support and encourage efforts by the people and
Government of Ethiopia--
(A) to achieve a participatory multiparty
democracy, an active and unhindered civil society, rule
of law and accountability, judicial capacity and
independence, freedom of the press, respect for human
rights, and economic development; and
(B) to develop a comprehensive strategy to combat
extremism and terrorism in a manner consistent with
international law;
(2) to promote peace and stability, equal access to
humanitarian assistance regardless of gender, ethnicity,
religion, or political views, and good governance,
transparency, and accountability;
(3) to seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia, and the
repeal of laws that enable politically motivated arrests
without due process;
(4) to prohibit funding to any unit of the Ethiopian
security forces if the Secretary of State has credible
information that such unit has committed a gross violation of
human rights, unless the Secretary certifies to the appropriate
congressional committees that the Government of Ethiopia is
taking effective measures to bring the responsible members of
the security forces unit to justice; and
(5) to seek a resolution of the ongoing dispute between the
Government of Ethiopia and the Government of Eritrea consistent
with the Ethiopia-Eritrea Border Commission arbitration
decisions on border demarcation, to press the Government of
Eritrea to cease all support for armed opposition groups in
Ethiopia and the region, and to urge both Governments to
contribute constructively to stability throughout the Horn of
Africa, especially in Somalia.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government
should--
(1) build on successful diplomatic efforts that contributed
to the October 2007 release of political prisoners in Addis
Ababa, and press the Ethiopian government to release Birtukan
Mideksa, as well as other political prisoners;
(2) urge the Government of Ethiopia to repeal or at a
minimum amend the Civil Society Proclamation, the Anti-
Terrorism Proclamation, and the Mass Media and Freedom of
Information Proclamation in order to genuinely protect the
constitutional rights and freedoms of all Ethiopian citizens;
(3) press the Government of Ethiopia to allow human rights
and humanitarian groups, as well as the media, to have
unfettered access to areas of concern throughout the country;
(4) encourage and assist the United Nations and other
independent organizations and the media to investigate credible
reports of gross violations of human rights or international
humanitarian law in the Somali region of Ethiopia, to publish
any information of serious abuse, and send consistent messages
to the Government of Ethiopia that the continuation of such
violations or impunity in this region, or Ethiopia more
generally, has consequences for relations between the United
States and Ethiopia; and
(5) encourage the Governments of both Ethiopia and Eritrea
to immediately take steps to lessen tensions, physically
demarcate the border in accord with the Ethiopia-Eritrea Border
Commission decision, and promote normalization of relations
between the two countries.
SEC. 5. RESTRICTIONS ON ASSISTANCE.
(a) Conditions.--
(1) Prohibition of funds.--Notwithstanding any other
provision of law, assistance may not be provided to the
Government of Ethiopia unless the Secretary of State certifies
annually that the Government of Ethiopia has taken demonstrable
steps--
(A) to ensure the autonomy and fundamental freedoms
of civil society organizations to pursue work on civic
education, democratization, good governance,
accountability, human rights, and conflict resolution,
without excessive government intervention or
intimidation;
(B) to respect the rights of and permit non-violent
political parties to operate free from intimidation and
harassment, including releasing opposition political
leaders currently imprisoned;
(C) to strengthen the independence of its
judiciary, including developing the capacity of the
judiciary at the national, regional, and local levels;
(D) to allow Voice of America and other independent
media to operate and broadcast without interference in
Ethiopia;
(E) to promote respect for human rights and
accountability within its security forces, including
undertaking credible investigations into any
allegations of abuse and ensuring appropriate
punishment; and
(F) to ensure that humanitarian and development
entities, including those of the United Nations, have
unfettered access to all regions of the country without
prejudice to the political views of recipients.
(2) Waiver.--The prohibition included in paragraph (1)
shall not apply if the Secretary of State certifies in writing
to Congress that waiving such a prohibition is in the national
security interest of the United States.
(b) Exceptions.--The prohibitions in paragraph (1) shall not apply
to--
(1) health and HIV/AIDS assistance;
(2) humanitarian assistance; or
(3) emergency food aid.
(c) Report.--Not later than 120 days after exercising a waiver
pursuant to subsection (a)(2), and every 90 days thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees assessing progress made by the Government of
Ethiopia in the areas set forth in subparagraphs (A) through (F) of
subsection (a)(2).
SEC. 6. DEFINITIONS.
In this Act the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives. | Support for Democracy and Human Rights in Ethiopia Act of 2010 - Prohibits assistance to the government of Ethiopia unless the Secretary of State certifies annually that the government of Ethiopia has taken steps to: (1) ensure the freedoms of civil society organizations to pursue work on civic education, democratization, human rights, and conflict resolution; (2) respect the rights of and permit nonviolent political parties to operate free from intimidation, including releasing imprisoned opposition political leaders; (3) strengthen judicial independence; (4) allow Voice of America (VOA) and other independent media to operate without interference; (5) promote respect for human rights within its security forces, including investigating allegations of abuse; and (6) ensure that humanitarian and development entities have access to all regions of the country.
Authorizes the Secretary, with a certification to Congress, to waive the prohibition if in the U.S. national security interest.
States that the prohibition shall not apply to: (1) health and HIV/AIDS assistance; (2) humanitarian assistance; or (3) emergency food aid. | {"src": "billsum_train", "title": "A bill to reaffirm United States objectives in Ethiopia and encourage critical democratic and humanitarian principles and practices, and for other purposes."} | 2,425 | 217 | 0.507832 | 1.66164 | 0.973178 | 4.413462 | 11.091346 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access Improvement
Act''.
SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICE
PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. PRIMARY HEALTH SERVICE PROVIDERS SERVING HEALTH
PROFESSIONAL SHORTAGE AREAS.
``(a) Allowance of Credit.--In the case of a qualified primary
health service provider, there is allowed as a credit against the tax
imposed by this chapter for any taxable year in a mandatory service
period an amount equal to the product of--
``(1) the lesser of--
``(A) the number of months of such period occurring
in such taxable year, or
``(B) 60 months, reduced by the number of months
taken into account under this paragraph with respect to
such provider for all preceding taxable years (whether
or not in the same mandatory service period),
multiplied by
``(2) $1,000.
``(b) Qualified Primary Health Service Provider.--For purposes of
this section, the term `qualified primary health service provider'
means any qualified health provider who for any month during a
mandatory service period is certified by the Bureau to be a primary
health service provider who--
``(1) is providing health services described in subsection
(c)--
``(A) full time, and
``(B) to individuals at least 80 percent of whom
reside in a health professional shortage area,
``(2) is not receiving during such year a scholarship under
the National Health Service Corps Scholarship Program or the
Indian health professions scholarship program or a loan
repayment under the National Health Service Corps Loan
Repayment Program or the Indian Health Service Loan Repayment
Program,
``(3) is not fulfilling service obligations under such
Programs, and
``(4) has not defaulted on such obligations.
``(c) Health Services Described.--Health services described in this
subsection are--
``(1) basic health services (as described in section
330(b)(1)(A)(i) of the Public Health Service Act),
``(2) qualified psychologist services (as defined in
section 1861(ii) of the Social Security Act), and
``(3) clinical social worker services (as defined in
section 1861(hh) of the Social Security Act.
``(d) Other Definitions.--For purposes of this section--
``(1) Qualified health provider.--The term `qualified
health provider' means a physician (as defined in section
1861(r) of the Social Security Act), a clinical psychologist
(within the meaning of section 1861(ii) of such Act), and a
clinical social worker (as defined in section 1861(hh)(1) of
such Act).
``(2) Mandatory service period.--The term `mandatory
service period' means the period of 60 consecutive calendar
months beginning with the first month the taxpayer is a
qualified primary health service provider. In the case of an
individual who is such a provider on the date of enactment of
the Health Care Access Improvement Act, such term means the
period of 60 consecutive calendar months beginning with the
first month after such date.
``(3) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area designated under section 332 of the Public Health
Service Act.
``(4) Bureau.--The term `Bureau' means the Bureau of
Primary Health Care, Health Resources and Services
Administration of the Public Health Service.
``(e) Recapture of Credit.--
``(1) In general.--If, during any taxable year, there is a
recapture event, then the tax of the taxpayer under this
chapter for such taxable year shall be increased by an amount
equal to the product of--
``(A) the applicable percentage, and
``(B) the aggregate unrecaptured credits allowed to
such taxpayer under this section for all prior taxable
years.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
The applicable recapture
``If the recapture event occurs during: percentage is:
Months 1-24.......................... 100
Months 25-36......................... 75
Months 37-48......................... 50
Months 49-60......................... 25
Months 61 and thereafter............. 0.
``(B) Timing.--For purposes of subparagraph (A),
month 1 shall begin on the first day of the mandatory
service period.
``(3) Recapture event defined.--
``(A) In general.--For purposes of this subsection,
the term `recapture event' means the failure of the
taxpayer to be a qualified primary health service
provider for any month during any mandatory service
period.
``(B) Cessation of designation.--The cessation of
the designation of any area as a rural health
professional shortage area after the beginning of the
mandatory service period for any taxpayer shall not
constitute a recapture event.
``(C) Secretarial waiver.--The Secretary may waive
any recapture event caused by extraordinary
circumstances.
``(4) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under subpart A, B, or D of this part.''.
(b) Clerical Amendment.--The table of sections for subpart A 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 25D the
following new item:
``Sec. 25E. Primary health service providers serving health
professional shortage areas.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a primary health service provider (i.e., a physician, clinical psychologist, or clinical social worker) a tax credit for the value of professional services provided to individuals in a health professional shortage area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit to primary health service providers who establish practices in health professional shortage areas."} | 1,391 | 62 | 0.51534 | 1.120435 | 0.279006 | 2.627451 | 24.431373 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuels Energy Independence Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The over reliance of the United States on imported
petroleum creates a major strategic vulnerability for the
Nation, with nearly half of the energy supply of the United
States dependent on foreign sources.
(2) From the economically damaging Arab oil embargoes of
1973-74 and 1979 to the current recession precipitated by
rising oil prices which began in 1999, the economic stability
of the United States has too often been shaken by economic
forces outside its borders.
(3) This Act would shift America's dependence away from
foreign petroleum as an energy source toward alternative,
renewable, domestic agricultural sources. Its aim is to convert
the current petroleum trade deficit to a trade balance by
replacing foreign sources of supply with steady increases of
biobased fuels through domestic production.
(4) Currently the United States annually consumes about
164,000,000,000 gallons of vehicle fuels and 5,600,00,000
gallons of heating oil. In 2000, 52.9 percent of these fuels
were imported, yielding a $109,000,000,000 trade deficit with
the rest of the world. Since 1983, the United States
importation of petroleum and its derivatives has nearly
tripled, rising from 1,215,225,000 barrels in 1983 to
3,319,816,000 barrels in 2000.
(5) Further Strategic Petroleum Reserve policy should
encourage domestic production to the greatest extent possible.
Currently the Strategic Petroleum Reserve holds 545,000,000
barrels (out of a potential 700,000,000 barrels), sufficient to
cushion the United States from wild price swings for a period
of 53 days. None of the fuel in this Reserve is biobased. In
fact, 92.2 percent of the Strategic Petroleum Reserve has been
purchased from foreign sources: 41.9 percent from Mexico, 24
percent from the United Kingdom, and over 20 percent from OPEC
nations.
(6) Strategic Petroleum Reserve policy also should
encourage the development of alternatives to the Nation's
reliance on petroleum such as biomass fuels.
(7) As a first step in diversification, the Strategic
Petroleum Reserve should exchange 2,100,000 barrels from our
current reserves for 32,000,000 gallons of ethanol and
biodiesel, which would comprise less than 2 percent of the
United States market, but yield a doubling of ethanol products.
(8) The benefits of biofuels are as follows:
(A) Energy security.--
(i) Biofuels hold potential to address our
dependence on foreign energy sources
immediately. With agricultural surpluses,
commodity prices have reached record lows;
concurrently world petroleum prices have
reached record highs and are expected to
continue rising as global petroleum reserves
are drawn down over the next 25 years. It also
is clear that economic conditions are favorable
to utilize domestic surpluses of biobased oils
to enhance the Nation's energy security.
(ii) In the short term, biofuels can supply
at least one-fifth of current United States
fuel demand using existing technologies and
capabilities. Additional plant research, newer
processing and distribution technologies, and
placing additional acres under cultivation can
yield even greater results.
(iii) Biofuels can be used with existing
petroleum infrastructure and conventional
equipment.
(B) Economic security.--
(i) Continued dependence upon imported
sources of oil means our Nation is
strategically vulnerable to disruptions in our
oil supply.
(ii) Renewable biofuels domestically
produced directly replace imported oil.
(iii) Increased use of renewable biofuels
would result in significant economic benefits
to rural and urban areas and also reduce the
trade deficit.
(iv) According to the Department of
Agriculture, a sustained annual market of
100,000,000 gallons of biodiesel alone would
result in $170,000,000 in increased income to
farmers.
(v) Farmer-owned biofuels production has
already resulted in improved income for
farmers, as evidenced by the experience with
State-supported rural development efforts in
Minnesota where prices to corn producers have
been increased by $1.00 per bushel.
(C) Environmental security.--
(i) The use of grain-based ethanol reduces
greenhouse gas emissions from 35 to 46 percent
compared with conventional gasoline. Biomass
ethanol provides an even greater reduction.
(ii) The American Lung Association of
Metropolitan Chicago credits ethanol-blended
reformulated gasoline with reducing smog-
forming emissions by 25 percent since 1990.
(iii) Ethanol reduces tailpipe carbon
monoxide emissions by as much as 30 percent.
(iv) Ethanol reduces exhaust volatile
organic compounds emissions by 12 percent.
(v) Ethanol reduces toxic emissions by 30
percent.
(vi) Ethanol reduces particulate emissions,
especially fine-particulates that pose a health
threat to children, senior citizens, and those
with respiratory ailments.
(vii) Biodiesel contains no sulfur of
aromatics associated with air pollution.
(viii) The use of biodiesel provides a 78.5
percent reduction in CO<INF>2</INF> emissions
compared to petroleum diesel and when burned in
a conventional engine provides a substantial
reduction of unburned hydrocarbons, carbon
monoxide, and particulate matter.
TITLE I--BIOFUELS FEEDSTOCKS ENERGY RESERVE PROGRAM
SEC. 101. ESTABLISHMENT.
The Secretary of Agriculture (in this title referred to as the
``Secretary'') may establish and administer a reserve of agricultural
commodities (known as the ``Biofuels Feedstocks Energy Reserve'') for
the purpose of--
(1) providing feedstocks to support and further the
production of energy from biofuels; and
(2) supporting the biofuels energy industry when production
is at risk of declining due to reduced feedstocks or
significant commodity price increases.
SEC. 102. PURCHASES.
(a) In General.--The Secretary may purchase agricultural
commodities at commercial rates, subject to subsection (b), in order to
establish, maintain, or enhance the Biofuels Feedstocks Energy Reserve
when--
(1)(A) the commodities are in abundant supply; and
(B) there is need for adequate carryover stocks to ensure a
reliable supply of the commodities to meet the purposes of the
reserve; or
(2) it is otherwise necessary to fulfill the needs and
purposes of the biofuels energy reserve program.
(b) Limitation.--The agricultural commodities purchased for the
Biofuels Feedstocks Energy Reserve shall be--
(1) of the type and quantity necessary to provide not less
than 1-year's utilization for renewable energy purposes; and
(2) in such additional quantities to provide incentives for
research and development of new renewable fuels and bio-energy
initiatives.
SEC. 103. RELEASE OF STOCKS.
Whenever the market price of a commodity held in the Biofuels
Feedstocks Energy Reserve exceeds 100 percent of the economic cost of
producing the commodity (as determined by the Economic Research Service
using the best available information, and based on a 3-year moving
average), the Secretary shall release stocks of the commodity from the
reserve at cost of acquisition, in amounts determined appropriate by
the Secretary.
SEC. 104. STORAGE PAYMENTS.
(a) In General.--The Secretary shall provide for the storage of
agricultural commodities purchased for the Biofuels Feedstocks Energy
Reserve by making payments to producers for the storage of the
commodities. The payments shall--
(1) be in such amounts, under such conditions, and at such
times as the Secretary determines appropriate to encourage
producers to participate in the program; and
(2) reflect local, commercial storage rates, subject to
appropriate conditions concerning quality management and other
factors.
(b) Announcement of Program.--
(1) Time of announcement.--The Secretary shall announce the
terms and conditions of the storage payments for a crop of a
commodity by--
(A) in the case of wheat, December 15 of the year
in which the crop of wheat was harvested;
(B) in the case of feed grains, March 15 of the
year following the year in which the crop of corn was
harvested; and
(C) in the case of other commodities, such dates as
may be determined by the Secretary.
(2) Content of announcement.--In the announcement, the
Secretary shall specify the maximum quantity of a commodity to
be stored in the Biofuels Feedstocks Energy Reserve that the
Secretary determines appropriate to promote the orderly
marketing of the commodity, and to ensure an adequate supply
for the production of biofuels.
(c) Reconcentration.--The Secretary may, with the concurrence of
the owner of a commodity stored under this program, reconcentrate the
commodity stored in commercial warehouses at such points as the
Secretary considers to be in the public interest, taking into account
such factors as transportation and normal marketing patterns. The
Secretary shall permit rotation of stocks and facilitate maintenance of
quality under regulations that assure that the holding producer or
warehouseman shall, at all times, have available for delivery at the
designated place of storage both the quantity and quality of the
commodity covered by the producer's or warehouseman's commitment.
(d) Management.--Whenever a commodity is stored under this section,
the Secretary may buy and sell at an equivalent price, allowing for the
customary location and grade differentials, substantially equivalent
quantities of the commodity in different locations or warehouses to the
extent needed to properly handle, rotate, distribute, and locate the
commodity that the Commodity Credit Corporation owns or controls. The
purchases to offset sales shall be made within 2 market days following
the sales. The Secretary shall make a daily list available showing the
price, location, and quantity of the transactions.
(e) Review.--In announcing the terms and conditions under which
storage payments will be made under this section, the Secretary shall
review standards concerning the quality of a commodity to be stored in
the Biofuels Feedstocks Energy Reserve, and such standards should
encourage only quality commodities, as determined by the Secretary. The
Secretary shall review inspection, maintenance, and stock rotation
requirements and take the necessary steps to maintain the quality of
the commodities stored in the reserve.
SEC. 105. USE OF COMMODITY CREDIT CORPORATION.
The Secretary shall use the Commodity Credit Corporation, to the
extent feasible, to carry out this title. To the maximum extent
practicable consistent with the effective and efficient administration
of this title, the Secretary shall utilize the usual and customary
channels, facilities, and arrangements of trade and commerce.
SEC. 106. REGULATIONS.
Not later than 60 days after November 28, 2001, the Secretary shall
issue such regulations as are necessary to carry out this title.
TITLE II--BIOFUELS FINANCIAL ASSISTANCE
SEC. 201. LOANS AND LOAN GUARANTEES.
(a) In General.--The Secretary of Agriculture (in this section
referred to as the ``Secretary'') may make and guarantee loans for the
production, distribution, development, and storage of biofuels.
(b) Eligibility.--
(1) In general.--Except as provided in paragraph (2), an
applicant for a loan or loan guarantee under this section shall
be eligible to receive such a loan or loan guarantee if--
(A) the applicant is a farmer, member of an
association of farmers, member of a farm cooperative,
municipal entity, nonprofit corporation, State, or
Territory; and
(B) the applicant is unable to obtain sufficient
credit elsewhere to finance the actual needs of the
applicant at reasonable rates and terms, taking into
consideration prevailing private and cooperative rates
and terms in the community in or near which the
applicant resides for loans for similar purposes and
periods of time.
(2) Loan guarantee eligibility precludes loan
eligibility.--An applicant who is eligible for a loan guarantee
under this section shall not be eligible for a loan under this
section.
(c) Loan Terms.--
(1) Interest rate.--Interest shall be payable on a loan
under this section at the rate at which interest is payable on
obligations issued by United States for a similar period of
time.
(2) Repayment period.--A loan under this section shall be
repayable in not less than 5 years and not more than 20 years.
(d) Revolving Fund.--
(1) Establishment.--The Secretary shall establish a
revolving fund for the making of loans under this section.
(2) Deposits.--The Secretary shall deposit into the
revolving fund all amounts received on account of loans made
under this section.
(3) Payments.--The Secretary shall make loans under this
section, and make payments pursuant to loan guarantees provided
under this section, from amounts in the revolving fund.
(e) Regulations.--The Secretary may prescribe such regulations as
may be necessary to carry out this section.
(f) Limitations on Authorization of Appropriations.--For the cost
(as defined in section 502(5) of the Federal Credit Reform Act of 1990)
of loans and loan guarantees under this section, there are authorized
to be appropriated to the revolving fund established under subsection
(d) of this section such sums as may be necessary for fiscal years 2002
through 2009. | Biofuels Energy Independence Act of 2001 - Authorizes the Secretary of Agriculture to administer a Biofuels Feedstocks Energy Reserve to: (1) provide feedstocks in furtherance of biofuel-based energy production; and (2) support the biofuels energy industry when production is at risk due to reductions in feedstocks or commodity prices. Sets forth related provisions respecting commercial commodity purchases, release of commodity stocks, and storage payments.Authorizes the Secretary to make and guarantee loans for biofuel production, distribution, development, and storage. Sets forth loan eligibility provisions. Directs the Secretary to establish a related revolving fund. | {"src": "billsum_train", "title": "To provide for a Biofuels Feedstocks Energy Reserve, and to authorize the Secretary of Agriculture to make and guarantee loans for the production, distribution, development, and storage of biofuels."} | 2,883 | 140 | 0.424511 | 1.224826 | 0.576555 | 2.675676 | 23.594595 | 0.855856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minimum Obstetrical Medical Security
Act of 1996'' or the ``MOMS Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) health care for mothers and newborn children, including
the length of post-delivery inpatient care, should be based on
the unique characteristics of each mother and her newborn
child, taking into consideration the health of the mother, the
health and stability of the newborn, the ability and confidence
of the mother and father to care for the newborn, the adequacy
of support systems at home, and the access of the mother and
newborn to appropriate follow-up health care; and
(2) the timing of the discharge of a mother and her newborn
child from the hospital should be made by the attending
provider in consultation with the mother.
SEC. 3. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.
(a) In General.--Except as provided in subsection (b), a health
plan or an employee health benefit plan that provides maternity
benefits, including benefits for childbirth, shall ensure that coverage
is provided with respect to a mother who is a participant, beneficiary,
or policyholder under such plan and her newborn child for a minimum of
48 hours of inpatient length of stay following a normal vaginal
delivery, and a minimum of 96 hours of inpatient length of stay
following a caesarean section, without requiring the attending provider
to obtain authorization from the health plan or employee health benefit
plan.
(b) Exception.--Notwithstanding subsection (a), a health plan or an
employee health benefit plan shall not be required to provide coverage
for post-delivery inpatient length of stay for a mother who is a
participant, beneficiary, or policyholder under such plan and her
newborn child for the period referred to in subsection (a) if--
(1) a decision to discharge the mother and her newborn
child prior to the expiration of such period is made by the
attending provider in consultation with the mother; and
(2) the health plan or employee health benefit plan
provides coverage for post-delivery follow-up care as described
in section 4.
SEC. 4. POST-DELIVERY FOLLOW-UP CARE.
(a) In General.--In the case of a decision to discharge a mother
and her newborn child from the inpatient setting prior to the
expiration of 48 hours following a normal vaginal delivery or 96 hours
following a caesarean section, the health plan or employee health
benefit plan shall provide coverage for timely post-delivery care. Such
health care shall be provided to a mother and her newborn child by a
registered nurse, physician, osteopathic physician, nurse practitioner,
nurse midwife, or physician assistant experienced in maternal and child
health in--
(1) the home, a provider's office, a hospital, a birthing
center, an intermediate care facility, a federally qualified
health center, a federally qualified rural health clinic, or a
State health department maternity clinic; or
(2)another setting determined appropriate by the attending
provider and the mother;
except that such coverage shall ensure that the mother has the option
to be provided with such care in the home.
(b) Timely Care.--As used in subsection (a), the term ``timely
post-delivery care'' means health care that is provided--
(1) within the 72-hour period immediately following the
discharge of a mother and her newborn child from the inpatient
setting; and
(2) in a manner that meets the health care needs of the
mother and her newborn child and that provides for the
appropriate monitoring of the conditions of the mother and
child.
SEC. 5. PROHIBITIONS.
In implementing the requirements of this Act, a health plan or an
employee health benefit plan may not--
(1) deny enrollment, renewal, or continued coverage to a
mother and her newborn child who are participants,
beneficiaries, or policyholders based on compliance with this
Act;
(2) provide monetary payments or rebates to mothers to
encourage such mothers to request less than the minimum
coverage required under this Act;
(3) penalize or otherwise reduce or limit the reimbursement
of an attending provider because such provider provided
treatment in accordance with this Act; or
(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide treatment
to an individual policyholder, participant, or beneficiary in a
manner inconsistent with this Act.
SEC. 6. NOTICE.
(a) Employee Health Benefit Plan.--An employee health benefit plan
shall provide conspicuous notice to each participant regarding coverage
required under this Act not later than 120 days after the date of
enactment of this Act, and as part of its summary plan description.
(b) Health Plan.--A health plan shall provide notice to each
policyholder regarding coverage required under this Act. Such notice
shall be in writing, prominently positioned, and be transmitted--
(1) in a mailing made within 120 days of the date of
enactment of this Act by such plan to the policyholder; and
(2) as part of any annual enrollment packet or brochure
sent to the policyholder.
SEC. 7. APPLICABILITY.
(a) Construction.--
(1) In general.--A requirement or standard imposed under
this Act on a health plan shall be deemed to be a requirement
or standard imposed on the health plan issuer. Such
requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this Act. In the case of a health plan offered
by a health plan issuer in connection with an employee health
benefit plan, the requirements or standards imposed under this
Act shall be enforced with respect to the health plan issuer by
the State insurance commissioner for the State involved or the
official or officials designated by the State to enforce the
requirements of this Act.
(2) Limitation.--Except as provided in section 8(a)(2), the
Secretary of Health and Human Services shall not enforce the
requirements or standards of this Act as they relate to health
plan issuers or health plans. In no case shall a State of the
Secretary of Health and Human Services enforce the requirements
or standards of this Act as they relate to employee health
benefit plans.
(b) Rule of Construction.--Nothing in this Act shall be construed
to affect or modify the provisions of section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).
(c) Rule of Construction.--Nothing in this Act shall be construed
to require that a mother who is a participant, beneficiary, or
policyholder covered under this Act--
(1) give birth in a hospital; or
(2) stay in the hospital for a fixed period of time
following the birth of her child.
SEC. 8. ENFORCEMENT.
(a) Health Plan Issuers.--
(1) State enforcement.--Each State shall require that each
health plan issued, sold, renewed, offered for sale, or
operated in such State by a health plan issuer meet the
standards established under this Act. A State shall submit such
information as required by the Secretary of Health and Human
Services demonstrating effective implementation of the
requirements of this Act.
(2) Fallback federal enforcement.--In the case of the
failure of a State to substantially enforce the standards and
requirements set forth in this Act with respect to health
plans, the Secretary of Health and Human Services shall enforce
the standards of this Act in such State. In enforcing such
standards, the Secretary may apply against a health plan issuer
the sanctions similar to the sanctions described in sections
502, 504, 506, and 510 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140).
(b) Employee Health Benefit Plans.--With respect to employee health
benefit plans, the standards established under this Act shall be
enforced in the same manner as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C.
1132(c)) shall apply to any information required by the Secretary of
Labor to be disclosed and reported under this section.
(c) Regulations.--The Secretaries of Health and Human Services and
Labor (as the case may be) may promulgate such regulations as may be
necessary or appropriate to carry out this Act.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Attending provider.--The term ``attending provider''
means an obstetrician-gynecologist, pediatrician, family
physician, osteopathic physician, or other physician or a nurse
practitioner, nurse midwife, or other health care provider
primarily responsible for the care of a mother and her newborn
child, and includes a group including such a provider.
(2) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(3) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit
plan'' means any employee welfare benefit plan,
governmental plan, or church plan (as defined under
paragraphs (1), (32), and (33) of section 3 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002 (1), (32), and (33))) that provides or pays
for health benefits (such as provider and hospital
benefits) for participants and beneficiaries whether--
(i) directly;
(ii) through a health plan offered by a
health plan issuer as defined in paragraph (4);
or
(iii) otherwise.
(B) Rule of construction.--An employee health
benefit plan shall not be construed to be a health plan
or a health plan issuer.
(C) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(4) Group purchaser.--The term ``group purchaser'' means
any person (as defined under paragraph (9) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(9))) or entity that purchases or pays for health benefits
(such as provider or hospital benefits) on behalf of
participants or beneficiaries in connection with an employee
health benefit plan.
(5) Health plan.--
(A) In general.--The term ``health plan'' means any
group health plan or individual health plan.
(B) Group health plan.--The term ``group health
plan'' means any contract, policy, certificate, or
other arrangement offered by a health plan issuer to a
group purchaser that provides or pays for health
benefits (such as provider and hospital benefits) in
connection with an employee health benefit plan.
(C) Individual health plan.--The term ``individual
health plan'' means any contract, policy, certificate,
or other arrangement offered to individuals by a health
plan issuer that provides or pays for health benefits
(such as provider and hospital benefits) and that is
not a group health plan.
(D) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(E) Certain plans included.--Such term includes any
plan or arrangement not described in any clause of
subparagraph (D) which provides for benefit payments,
on a periodic basis, for a period of hospitalization,
without regard to the costs incurred or services
rendered during the period to which the payments
relate.
(6) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a health plan.
(7) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
SEC. 10. PREEMPTION.
(a) In General.--The provisions of this Act shall not preempt those
provisions of State law--
(1) that provide greater protections to patients or
policyholders than those required in this Act;
(2) that require health plans to provide coverage for at
least 48 hours of inpatient length of stay following a normal
vaginal delivery, and at least 96 hours of inpatient length of
stay following a caesarean section;
(3) that require health plans to provide coverage for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional associations of licensed health care
providers specializing in obstetrical, gynecological, or
pediatric care; or
(4) that leave decisions regarding appropriate length of
stay entirely to the attending provider in consultation with
the mother.
(b) Follow-Up Care.--The provisions of this Act with respect to
follow-up care as described in section 4 shall not preempt those
provisions of State law that provide greater protections to patients or
policyholders than those required under this Act or that provide
mothers and newborns with an option of timely post-discharge follow-up
care in the home.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided for in this Act, the provisions of
this Act shall apply as follows:
(1) With respect to health plans, such provisions shall
apply to such plans on the first day of the contract year
beginning on or after January 1, 1997.
(2) With respect to employee health benefit plans, such
provisions shall apply to such plans on the first day of the
first plan year beginning on or after January 1, 1997. | Minimum Obstetrical Medical Security Act of 1996 - MOMS Act of 1996 - Requires a health plan or an employee health benefit plan that provides maternity (including childbirth) benefits to provide coverage for a minimum period after delivery and, in certain circumstances, for post-delivery follow-up care. Prohibits a plan from taking certain punitive or incentive actions regarding mothers and providers. | {"src": "billsum_train", "title": "MOMS Act of 1996"} | 3,422 | 91 | 0.553114 | 1.367333 | 0.920092 | 3.239437 | 45.098592 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Career Transition Assistance Act of
1997''.
SEC. 2. EXCLUSION FROM INCOME OF SEVERANCE PAYMENT AMOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 139 as section
140 and by inserting after section 138 the following new section:
``SEC. 139. SEVERANCE PAYMENTS.
``(a) In General.--In the case of an individual, gross income shall
not include any qualified severance payment.
``(b) Limitations.--
``(1) Amount.--The amount to which the exclusion under
subsection (a) applies shall not exceed--
``(A) $15,000, with respect to any separation from
employment, reduced by
``(B) the aggregate amount excluded from gross
income under subsection (a) in prior taxable years on
account of such separation.
``(2) Years To Which Exclusion Applies.--No qualified
severance payment shall be excluded from gross income under
subsection (a) unless such payment is received in the taxable
year in which separation from employment occurs or in one of
the two succeeding taxable years.
``(c) Qualified Severance Payment.--For purposes of this section,
the term `qualified severance payment' means any payment received by an
individual if--
``(1) such payment was paid by such individual's employer
on account of such individual's separation from employment, and
``(2) such separation was in connection with a reduction in
the work force of the employer.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 139 and inserting the following new items:
``Sec. 139. Severance payments.
``Sec. 140. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 3. REFUNDABLE CREDIT FOR RETRAINING EXPENSES FOR CERTAIN OLDER
LONG-TIME EMPLOYEES WHO ARE LAID OFF.
(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. RETRAINING EXPENSES FOR CERTAIN OLDER LONG-TIME EMPLOYEES
WHO ARE LAID OFF.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle an amount equal to the qualified job training expenses which
are paid or incurred during the taxable year.
``(b) Maximum Credit.--The amount of qualified job training
expenses of an individual which may be taken into account under
subsection (a) with respect to a reduction in a work force for the
taxable year shall not exceed $2,000, reduced by the amount of such
expenses which were taken into account under subsection (a) (or would
have been so taken into account but for subsection (c)) with respect to
such reduction for all prior taxable years.
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The dollar amount contained in
subsection (b) shall be reduced (but not below zero) by an
amount which bears the same ratio to such limitation as--
``(A) the excess of--
``(i) the taxpayer's adjusted gross income
for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) $20,000.
``(2) Rounding.--Any amount determined under paragraph (1)
which is not a multiple of $10 shall be rounded to the next
lowest $10.
``(3) Applicable dollar amount.--For purposes of this
subsection, the term `applicable dollar amount' means--
``(A) in the case of a taxpayer filing a joint
return, $100,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$75,000, and
``(C) in the case of a married individual filing a
separate return, $50,000.
A rule similar to the rule of section 219(g)(4) shall apply for
purposes of this paragraph.
``(d) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means any individual if--
``(A) during the taxable year or the preceding
taxable year, such individual separated from employment
in connection with a reduction in the work force of his
employer (other than a seasonal reduction), and
``(B) as of the date of such separation--
``(i) such individual had attained age 50,
and
``(ii) during the 30-year period ending on
the date of such separation, such individual
had been employed by such employer (or any
predecessor of such employer) as a full-time
employee for periods aggregating 20 years or
more.
``(2) Qualified job training expenses.--
``(A) In general.--The term `qualified job training
expenses' means--
``(i) tuition and fees required for the
enrollment or attendance of the eligible
individual--
``(I) at an eligible educational
institution, or
``(II) in an applicable training
program,
``(ii) fees, books, supplies, and equipment
required for an eligible individual for--
``(I) courses of instruction at an
eligible educational institution, or
``(II) an applicable training
program, and
``(iii) a reasonable allowance for meals
and lodging while attending an eligible
educational institution or an applicable
training program.
``(B) Eligible educational institution.--The term
`eligible educational institution' means--
``(i) an institution of higher education,
or
``(ii) a vocational school.
``(C) Institution of higher education.--The term
`institution of higher education' means the
institutions described in section 1201(a) or 481(a) of
the Higher Education Act of 1965.
``(D) Vocational school.--The term `vocational
school' means an area vocational education school as
defined in subparagraph (C) or (D) of section 521(4) of
the Carl D. Perkins Vocational and Applied Technology
Education Act to the extent such school is located
within any State (as defined in such section).
``(E) Applicable training program.--The term
`applicable training program' means--
``(i) any applicable program (as defined in
section 314(g) of the Job Training Partnership
Act), and
``(ii) any training program approved under
section 236 of the Trade Act of 1974.''
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``from section 35 of such
Code, or'' after ``1978,''.
(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. Retraining expenses for
certain older long-time
employees who are laid off.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Career Transition Assistance Act of 1997 - Amends the Internal Revenue Code to: (1) exclude from gross income a limited amount of qualified severance pay; and (2) permit a limited credit for qualified job training expenses for certain individuals over the age of 50 who have been laid off. | {"src": "billsum_train", "title": "Career Transition Assistance Act of 1997"} | 1,798 | 61 | 0.562307 | 1.269171 | 0.20299 | 2.245614 | 28.105263 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Assistance
and Self-Determination Reauthorization Act of 2002''.
SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996.
(a) Block Grants.--Section 108 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is
amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998
through 2007''.
(b) Federal Guarantees.--Section 605 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is
amended--
(1) in subsection (a), by striking ``1997, 1998, 1999, 2000,
and 2001'' and inserting ``1997 through 2007''; and
(2) in subsection (b), by striking ``1997, 1998, 1999, 2000,
and 2001'' and inserting ``1997 through 2007''.
(c) Training and Technical Assistance.--Section 703 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and
2001'' and inserting ``1997 through 2007''.
(d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i))
is amended--
(1) in paragraph (5)(C), by striking ``each fiscal year'' and
inserting ``each of fiscal years 1997 through 2007''; and
(2) in paragraph (7), by striking ``each fiscal year'' and
inserting ``each of fiscal years 1997 through 2007''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the
end the following:
``(22) Housing related community development.--
``(A) In general.--The term `housing related community
development' means any tribally-owned and operated facility,
business, activity, or infrastructure that--
``(i) is necessary to the direct construction of
reservation housing; and
``(ii) would help an Indian tribe or its tribally-
designated housing authority reduce the cost of
construction of Indian housing or otherwise promote the
findings of this Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by any
Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C.
2710 et seq.).''.
SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.
Section 101(h) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111(h)) is amended--
(1) in the heading, by inserting ``and Planning'' after
``Administrative''; and
(2) by inserting after the word ``Act'' the first place that
term appears, the following: ``for comprehensive housing and
community development planning activities and''.
SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114) is amended--
(1) in subsection (a)(1)--
(A) by striking ``A recipient'' and inserting the
following: ``Notwithstanding any other provision of this Act, a
recipient''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) the recipient has agreed that it will utilize such
income for housing related activities in accordance with this
Act.''; and
(2) in subsection (a)(2)--
(A) in the heading, by inserting ``Restricted Access or''
before the word ``Reduction'';
(B) in subparagraph (B), by striking ``or'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(D) whether the recipient has expended retained program
income for housing-related activities.''.
SEC. 6. REGULATIONS.
Section 106(b)(2)(A) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by
inserting after ``required under this Act'' the following: ``,
including any regulations that may be required pursuant to amendments
made to this Act after the date of enactment of this Act,''.
SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES.
Section 601 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191) is amended--
(1) in subsection (a), by inserting after ``section 202'' the
following: ``and housing related community development activity as
consistent with the purposes of this Act'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING
ASSISTANCE IN NATIVE COMMUNITIES.
Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the
end the following:
``(7) Community development demonstration project.--
``(A) In general.--Consistent with principles of Indian
self-determination and the findings of this Act, the Secretary
shall conduct and submit to Congress a study of the feasibility
of establishing a demonstration project in which Indian tribes,
tribal organizations, or tribal consortia are authorized to
expend amounts received pursuant to the Native American Housing
Assistance and Self-Determination Reauthorization Act of 2002
in order to design, implement, and operate community
development demonstration projects.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary shall
submit the study conducted under subparagraph (A) to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee on
Financial Services and the Committee on Resources of the House
of Representatives.
``(8) Self-determination act demonstration project.--
``(A) In general.--Consistent with the provisions of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), the Secretary shall conduct and submit to
Congress a study of the feasibility of establishing a
demonstration project in which Indian tribes and tribal
organizations are authorized to receive assistance in a manner
that maximizes tribal authority and decision-making in the
design and implementation of Federal housing and related
activity funding.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary shall
submit the study conducted under subparagraph (A) to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee on
Financial Services and the Committee on Resources of the House
of Representatives.''.
SEC. 9. BLACK MOLD INFESTATION STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall--
(1) complete a study on the extent of black mold infestation of
Native American housing in the United States; and
(2) submit to Congress a report that describes recommendations
of the Secretary for means by which to address the infestation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 - (Sec. 2) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to reauthorize through FY 2007: (1) block grants; (2) Federal loan guarantees (aggregate fiscal year limitation and credit subsidy); (3) training and technical assistance; and (4) the Indian Housing Loan Guarantee Fund.(Sec. 4) Includes planning among permitted block grant activities.(Sec. 5) Requires a recipient to use program income for housing related activities (currently, only for affordable housing activities).(Sec. 6) Subjects regulations pursuant to any amendments to such Act to negotiated rulemaking procedures.(Sec. 7) Extends Federal loan guarantees to encompass housing-related community development activity. Repeals the requirement that an Indian tribe or its housing entity seek alternative financing before using guaranteed loan funds.(Sec. 8) Directs the Secretary of Housing and Urban Development to study and report to Congress on the feasibility of demonstration projects for possible community development demonstration projects and for self-determination in the design and implementation of Federal housing funding.(Sec. 9) Requires the Secretary to study and report to Congress on the extent of black mold infestation of Native American housing in the United States. | {"src": "billsum_train", "title": "A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996."} | 1,903 | 289 | 0.639776 | 1.908282 | 0.798411 | 2.713043 | 6.982609 | 0.843478 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``San Gabriel
Mountains Forever Act of 2017''.
(b) Definitions.--In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of
California.
SEC. 2. DESIGNATION OF WILDERNESS, ANGELES NATIONAL FOREST, CALIFORNIA.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following National Forest System lands in the State
are designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,417 acres,
as generally depicted on the map entitled ``Condor Peak
Wilderness--Proposed'' and dated _____, which shall be known as
the Condor Peak Wilderness.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately 2,027
acres, as generally depicted on the map entitled ``San Gabriel
Wilderness Additions'' and dated _____, which is incorporated
in, and considered to be a part of, the San Gabriel Wilderness
designated by Public Law 90-318 (16 U.S.C. 1132 note; 82 Stat.
131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,851 acres, as generally depicted on the map entitled ``Sheep
Mountain Wilderness Additions'' and dated _____, which is
incorporated in, and considered to be a part of, the Sheep
Mountain Wilderness designated by section 101(a)(29) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public
Law 98-425; 98 Stat. 1623).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,774 acres,
as generally depicted on the map entitled ``Yerba Buena
Wilderness--Proposed'' and dated _____, which shall be known as
the Yerba Buena Wilderness.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the wilderness areas and wilderness
additions designated by subsection (a) with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 3. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and wilderness additions designated by section 2 shall be
administered by the Secretary in accordance with this section and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
the Wilderness Act to the effective date of that Act shall be
considered to be a reference to the date of enactment of this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section 2
as are necessary for the control of fire, insects, and diseases
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this Act limits funding
for fire and fuels management in the wilderness areas or
wilderness additions designated by section 2.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area or
wilderness addition by section 2.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and
wilderness additions designated by section 2, the Secretary
shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas or
wilderness additions designated by section 2, if established before the
date of enactment of this Act, shall be administered in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act
affects the jurisdiction or responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management
activities that are necessary to maintain or restore
fish and wildlife populations and habitats in the
wilderness areas and wilderness additions designated by
section 2, if the management activities are--
(i) consistent with relevant wilderness
management plans; and
(ii) conducted in accordance with
appropriate policies, such as the policies
established in Appendix B of House Report 101-
405.
(B) Inclusions.--Management activities under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the use, as
determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife
populations that would enhance wilderness values while
causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and in accordance with appropriate policies, such as
those established in Appendix B of House Report 101-
405, the State may use aircraft (including helicopters)
in the wilderness areas and wilderness additions
designated by section 2 to survey, capture, transplant,
monitor, and provide water for wildlife populations,
including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 2 to lead to the creation of protective perimeters or
buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 2 shall not, of itself, preclude the activities or uses
up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this Act precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
2;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 2; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by section 2.
(g) Horses.--Nothing in this Act precludes horseback riding in, or
the entry of recreational or commercial saddle or pack stock into, an
area designated as a wilderness area or wilderness addition by section
2--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Law Enforcement.--Nothing in this Act precludes law enforcement
and drug interdiction efforts within the wilderness areas and
wilderness additions designated by section 2 in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness
areas and wilderness additions designated by section 2 are withdrawn
from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or wilderness addition designated by
section 2 that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas or wilderness
additions designated by section 2 if the Secretary determines that the
facilities and access to the facilities are essential to flood warning,
flood control, or water reservoir operation activities.
SEC. 4. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(213) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of
the Prairie Fork and Vincent Gulch to 100 yards
upstream of the Heaton Flats trailhead and day use
area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream
of the Heaton Flats trailhead and day use area to 100
yards upstream of the confluence with Williams Canyon,
as a recreational river.
``(214) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to .25 miles upstream of the
confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a recreational
river.
``(215) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in section
14, T2N, R12W, to the confluence with the unnamed
tributary .25 miles downstream of the power lines in
section 22, T2N, R11W, as a recreational river.
``(B) The 1.6-mile segment of the West Fork from
0.25 miles downstream of the powerlines in section 22,
T2N, R11W, to the confluence with Bobcat Canyon, as a
wild river.
``(216) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in section 6, T3N, R9W, to 100 yards
upstream of the confluence with the South Fork Little
Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream
of the confluence with the South Fork Little Rock Creek
to the confluence with Santiago Canyon, as a
recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek
from .25 miles downstream of Highway 2 to 100 yards
downstream of Cooper Canyon Campground, as a scenic
river.
``(D) The 1.3-mile segment of Cooper Canyon Creek
from 100 yards downstream of Cooper Canyon Campground
to the confluence with Little Rock Creek, as a wild
river.
``(E) The 1-mile segment of Buckhorn Creek from 100
yards downstream of the Buckhorn Campground to its
confluence with Cooper Canyon Creek, as a wild
river.''.
(b) Water Resource Facilities and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water
resource facility'' means--
(i) irrigation and pumping facilities, dams
and reservoirs, flood control facilities, water
conservation works, including debris protection
facilities, sediment placement sites, rain
gauges and stream gauges, water quality
facilities, recycled water pumping, conveyance
distribution systems, and treatment facilities,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities; and
(ii) other water diversion, storage, and
carriage structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall alter,
modify, or affect--
(i) the use, operation, maintenance,
repair, construction, reconfiguration,
expansion, or replacement of a water resource
facility downstream of a wild and scenic river
segment designated by this section, provided
that the physical structures of such facilities
or reservoirs shall not be located within the
river areas designated in this section; or
(ii) access to a water resource facility
downstream of a wild and scenic river segment
designated by this section.
(C) No effect on new water resource facilities.--
Nothing in this section shall preclude the
establishment of new water resource facilities
(including instream sites, routes, and areas)
downstream of a wild and scenic river segment
designated by this section.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to fulfill the purposes of the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) shall be for non-
consumptive instream use only within the segments designated by
this section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act (16 U.S.C. 1531 et
seq.).
SEC. 5. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this Act and no action to
implement this Act--
(1) shall constitute or be construed to constitute either
an express or implied reservation of any water or water rights
or authorizing an expansion of water use pursuant to existing
water rights held by the United States with respect to the land
designated as a wilderness area or wilderness addition by
section 2 or land adjacent to the wild and scenic river
segments designated by the amendment made by section 4;
(2) shall affect, alter, modify or condition any water
rights in the State existing on the date of enactment of this
Act, including any water rights held by the United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision or action made pursuant to, any
other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportion water among and between
the State and other States.
(b) State Water Law.--The Secretary shall comply with and follow
the procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the date
of enactment of this Act with respect to the wilderness areas and
wilderness additions designated by section 2, and the wild and scenic
rivers designated by the amendment made by section 4. | San Gabriel Mountains Forever Act of 2017 This bill designates specified federal lands in Angeles National Forest in California as wilderness and as components of the National Wilderness Preservation System. The bill amends the Wild and Scenic Rivers Act to designate specified segments of the East Fork San Gabriel River, the North Fork San Gabriel River, the West Fork San Gabriel River, and Little Rock Creek in California as wild, recreational, or scenic rivers and as components of the National Wild and Scenic Rivers System. | {"src": "billsum_train", "title": "San Gabriel Mountains Forever Act of 2017"} | 3,816 | 109 | 0.549442 | 1.311341 | 0.683654 | 4.225806 | 35.72043 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, and is expected to be expanded into additional States
to improve the administrative process by which children are
placed with families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers can
spend more time helping children instead of copying and mailing
paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate
case-processing system have been able to reduce from 24
business days to 13 business days the time it takes to identify
a family for a child and prepare the paperwork required to
start the ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF
CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 637) is amended
by adding at the end the following:
``(g) Grants for the Development of an Electronic Interstate Case-
processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are
sought, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the grant funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing
the electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed pursuant
to paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is
amended by striking ``2016'' and inserting ``2017''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2017 for grants under subsection (g), and the
amount so reserved shall remain available through fiscal year
2021.''.
Passed the House of Representatives March 22, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Modernizing the Interstate Placement of Children in Foster Care Act (Sec. 3) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include the use of an electronic interstate case-processing system. (Sec. 4) The bill also authorizes grants for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. (Sec. 5) Discretionary funding shall continue through FY2017 to promote safe and stable families. (Sec. 6) The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2017, which reserved amount shall remain available through FY2021. | {"src": "billsum_train", "title": "Modernizing the Interstate Placement of Children in Foster Care Act"} | 1,990 | 194 | 0.53226 | 1.620863 | 0.704123 | 3.427673 | 11.534591 | 0.91195 |
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