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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Geriatric Care Act
of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Extension of eligibility periods for geriatric graduate medical
education.
Sec. 3. Disregard of certain geriatric residents against graduate
medical education limitations.
Sec. 4. Medicare coverage of care coordination and assessment services.
SEC. 2. EXTENSION OF ELIGIBILITY PERIODS FOR GERIATRIC GRADUATE MEDICAL
EDUCATION.
(a) Direct GME.--Section 1886(h)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(h)(5)(G)) is amended by adding at the end the
following new clause:
``(vi) Geriatric residency and fellowship
programs.--In the case of an individual
enrolled in a geriatric residency or fellowship
program approved by the Secretary for purposes
of subparagraph (A), the period of board
eligibility and the initial residency period
shall be the period of board eligibility for
the subspecialty involved, plus 1 year.''.
(b) Conforming Amendment.--Section 1886(h)(5)(F) of the Social
Security Act (42 U.S.C. 1395ww(h)(5)(F)) is amended by striking
``subparagraph (G)(v)'' and inserting ``clauses (v) and (vi) of
subparagraph (G)''.
(c) Effective Date.--The amendments made by this section shall
apply to cost reporting periods beginning on or after the date that is
6 months after the date of enactment of this Act.
SEC. 3. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE
MEDICAL EDUCATION LIMITATIONS.
(a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the
following new clause:
``(iii) Increase in limitation for
geriatric fellowships.--For cost reporting
periods beginning on or after the date that is
6 months after the date of enactment of the
Geriatric Care Act of 2003, in applying the
limitations regarding the total number of full-
time equivalent residents in the field of
allopathic or osteopathic medicine under clause
(i) for a hospital, rural health clinic, or
Federally qualified health center, the
Secretary shall not take into account a maximum
of 3 residents enrolled in a fellowship or
residency in geriatric medicine or geriatric
psychiatry within an approved medical residency
training program to the extent that the
hospital, rural health clinic, or Federally
qualified health center increases the number of
such residents above the number of such
residents for the hospital's, rural health
clinic's, or Federally qualified health
center's most recent cost reporting period
ending before the date that is 6 months after
the date of enactment of such Act.''.
(b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the
following new clause:
``(ix) Clause (iii) of subsection (h)(4)(F), insofar as
such clause applies with respect to hospitals, shall apply to
clause (v) in the same manner and for the same period as such
clause (iii) applies to clause (i) of such subsection.''.
SEC. 4. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES.
(a) Part B Coverage of Care Coordination and Assessment Services.--
Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2))
is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V)(iii), by adding ``and'' after the
semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(W) care coordination and assessment services (as defined
in subsection (ww)).''.
(b) Care Coordination and Assessment Services Defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding
at the end the following new subsection:
``Care Coordination and Assessment Services; Individual With a Serious
and Disabling Chronic Condition; Care Coordinator
``(ww)(1) The term `care coordination and assessment services'
means services that are furnished to an individual with a serious and
disabling chronic condition (as defined in paragraph (2)) by a care
coordinator (as defined in paragraph (3)) under a plan of care
prescribed by such care coordinator for the purpose of care
coordination and assessment, which may include any of the following
services:
``(A)(i)(I) An initial assessment of an individual's
medical condition, functional and cognitive capacity, and
environmental and psychosocial needs.
``(II) Annual assessments after the initial assessment
performed under subclause (I), unless the physician or care
coordinator of the individual determines that additional
assessments are required due to sentinel health events or
changes in the health status of the individual that may require
changes in plans of care developed for the individual.
``(ii) The development of an initial plan of care, and
subsequent appropriate revisions to that plan of care.
``(iii) The management of, and referral for, medical and
other health services, including multidisciplinary care
conferences and coordination with other providers.
``(iv) The monitoring and management of medications.
``(v) Patient education and counseling services.
``(vi) Family caregiver education and counseling services.
``(vii) Self-management services, including health
education and risk appraisal to identify behavioral risk
factors through self-assessment.
``(viii) Providing access for consultations by telephone
with physicians and other appropriate health care
professionals, including 24-hour availability of such
professionals for emergency consultations.
``(ix) Coordination with the principal nonprofessional
caregiver in the home.
``(x) Managing and facilitating transitions among health
care professionals and across settings of care, including the
following:
``(I) Pursuing the treatment option elected by the
individual.
``(II) Including any advance directive executed by
the individual in the medical file of the individual.
``(xi) Activities that facilitate continuity of care and
patient adherence to plans of care.
``(xii) Information about, and referral to, hospice
services, including patient and family caregiver education and
counseling about hospice, and facilitating transition to
hospice when elected.
``(xiii) Such other medical and health care services for
which payment would not otherwise be made under this title as
the Secretary determines to be appropriate for effective care
coordination, including the additional items and services as
described in subparagraph (B).
``(B) The Secretary may specify additional benefits for
which payment would not otherwise be made under this title that
may be available to eligible beneficiaries who have made an
election under this section (subject to an assessment by the
care coordinator of an individual beneficiary's circumstances
and need for such benefits) in order to encourage the receipt
of, or to improve the effectiveness of, care coordination
services.
``(2) For purposes of this subsection, the term `individual with a
serious and disabling chronic condition' means an individual who a care
coordinator annually certifies--
``(A) is unable to perform (without substantial assistance
from another individual) at least 2 activities of daily living
(as defined in paragraph (4)) for a period of at least 60 days
due to a loss of functional capacity;
``(B) has a level of disability similar to the level of
disability described in subparagraph (A) (as determined under
regulations promulgated by the Secretary);
``(C) has a complex medical condition (as defined by the
Secretary) that requires medical management and coordination of
care; or
``(D) requires substantial supervision to protect such
individual from threats to health and safety due to a severe
cognitive impairment (as defined by the Secretary) or mental
condition (as defined by the Secretary).
``(3)(A) For purposes of this subsection, the term `care
coordinator' means an individual or entity that--
``(i) is--
``(I) a physician (as defined in subsection
(r)(1)); or
``(II) a practitioner described in section
1842(b)(18)(C) or an entity that meets such conditions
as the Secretary may specify (which may include
physicians, physician group practices, or other health
care professionals or entities the Secretary may find
appropriate) working in collaboration with a physician;
``(ii) has entered into a care coordination agreement with
the Secretary; and
``(iii) meets such other criteria as the Secretary may
establish (which may include experience in the provision of
care coordination or primary care physicians' services).
``(B) For purposes of subparagraph (A)(ii), each care coordination
agreement shall--
``(i) be entered into for a period of 1 year and may be
renewed if the Secretary is satisfied that the care coordinator
continues to meet the conditions of participation specified in
subparagraph (A);
``(ii) assure that the care coordinator will submit reports
to the Secretary on the functional and medical status of
individuals with a chronic and disabling condition who receive
care coordination services, expenditures relating to such
services, and health outcomes relating to such services, except
that the Secretary may not require a care coordinator to submit
more than 1 such report during a year; and
``(iii) contain such other terms and conditions as the
Secretary may require.
``(4) For purposes of this subsection, the term `activities of
daily living' means each of the following:
``(A) Eating.
``(B) Toileting.
``(C) Transferring.
``(D) Bathing.
``(E) Dressing.
``(F) Continence.
``(5) Rural health clinics and Federally qualified health centers
shall be eligible sites at which care coordination and assessment
services may be provided.''.
(c) Payment and Elimination of Coinsurance.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(U)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (V) with respect to care
coordination and assessment services described in
section 1861(s)(2)(W), the amounts paid shall be 100
percent of the lesser of the actual charge for the
service or the amount determined under the payment
basis determined under section 1848 by the Secretary
for such service''.
(2) Payment under 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),''.
(3) Elimination of coinsurance in outpatient hospital
settings.--The third sentence of section 1866(a)(2)(A) of the
Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by
inserting after ``1861(s)(10)(A)'' the following: ``, with
respect to care coordination and assessment services (as
defined in section 1861(ww)(1)),''.
(d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
``(vii) A care coordinator (as defined in section
1861(ww)(3)) that is not a physician.''.
(e) Exception to Limits on Physician Referrals.--Section 1877(b) of
the Social Security Act (42 U.S.C. 1395nn(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Private sector purchasing and quality improvement
tools for original medicare.--In the case of a designated
health service, if the designated health service is--
``(A) a care coordination and assessment service
(as defined in section 1861(ww)(1)); and
``(B) provided by a care coordinator (as defined in
paragraph (3) of such section).''.
(f) Rulemaking.--The Secretary of Health and Human Services shall
define such terms and establish such procedures as the Secretary
determines necessary to implement the provisions of this section.
(g) Effective Date.--The amendments made by this section shall
apply to care coordination and assessment services furnished on or
after January 1, 2004. | Geriatric Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals, rural health clinics, or Federally qualified health centers for direct graduate medical education (GME) costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation. Extends the eligibility period for GME payment for geriatric fellowship training.Amends SSA title XVIII to provide for Medicare coverage of care coordination and assessment services to an individual with a serious and disabling chronic condition. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to extend the eligibility periods for geriatric graduate medical education, to permit the expansion of medical residency training programs in geriatric medicine, to provide for reimbursement of care coordination and assessment services provided under the medicare program, and for other purposes."} | 3,017 | 156 | 0.546704 | 1.496136 | 0.58698 | 2.880342 | 22.290598 | 0.863248 |
SECTION 1. TAXABLE EXPENDITURES OF PRIVATE FOUNDATIONS NOT TO INCLUDE
CERTAIN EDUCATION GRANTS AND LOANS.
(a) In General.--Section 4945 of the Internal Revenue Code of 1986
is amended by redesignating subsection (i) as subsection (j) and by
adding after subsection (h) the following new subsection:
``(i) Qualified Employer-Related Grant Programs.--
``(1) In general.--An individual grant shall be treated as
made on an objective and nondiscriminatory basis for purposes
of subsection (g)(1) if it is demonstrated to the satisfaction
of the Secretary that it was made pursuant to a qualified
employer-related grant program.
``(2) Qualified employer-related grant program.--For
purposes of this subsection, the term `qualified employer-
related grant program' means any employer-related grant program
which--
``(A) is not used to recruit employees of the
employer, or to induce employees to continue their
employment with the employer or otherwise follow a
course of action sought by the employer,
``(B) selects grantees by a committee consisting
entirely of individuals who are not--
``(i) in a position to directly or
indirectly derive a private benefit if certain
applicants are selected, or
``(ii) current or former directors,
officers, or employees of the employer or
disqualified persons with respect to the
private foundation,
``(C) limits potential grantees to those who meet
the minimum standards for admission to an educational
institution (within the meaning of section
170(b)(1)(A)(ii)),
``(D) selects grantees based upon objective
criteria which are--
``(i) related to enabling grantees to
obtain an education solely for their personal
benefit, and
``(ii) not related (aside from the initial
qualification of the group of potential
grantees) to the employment of the grantees or
employees whose spouses or children are
grantees or to the employer's line of business,
``(E) does not fail to make grants, or does not
terminate or decline to renew grants previously made,
solely because of the failure of--
``(i) employees who are grantees, or
employees whose spouses or children are
grantees, to remain employed by the employer
for any length of time, or
``(ii) grantees to agree to become employed
by the employer at any time,
``(F) does not limit the courses of study for which
the grants are available,
``(G) is not established pursuant to an agreement
which the Secretary of Labor finds to be a collective
bargaining agreement between employee representatives
and the employer, if there is evidence that the program
was the subject of good faith bargaining between such
employee representatives and such employer, and
``(H) excludes from among the potential grantees--
``(i) disqualified persons with respect to
the private foundation, and
``(ii) highly compensated employees or
spouses or children of highly compensated
employees.
``(3) Definitions.--For purposes of this subsection--
``(A) Employer-related grant program.--The term
`employer-related grant program' means any program of
making grants conducted by a private foundation that--
``(i) treats employees (or spouses or
children of employees) of an employer as a
group from which grantees of all or a portion
of the grants will be selected,
``(ii) limits the potential grantees of all
or a portion of the grants to employees (or
spouses or children of employees) of an
employer, or
``(iii) otherwise gives employees (or
spouses or children of employees) of an
employer a preference or priority over other
individuals in being selected as grantees of
such grants.
``(B) Highly compensated employee.--The term
`highly compensated employee' means a highly
compensated employee under subparagraph (A) or (B) of
section 414(q)(1), except that the $75,000 amount under
subparagraph (B) shall be adjusted at the same time and
in the same manner as under section 415(d).''
(b) Effective Date.--The amendments made by this section shall
apply to grants or loans made after the date of enactment of this Act. | Amends the Internal Revenue Code to exempt a private foundation making an employer-related grant from the excise tax on taxable expenditures when an individual scholarship or fellowship grant made by such a foundation is made on an objective and nondiscriminatory basis and is made pursuant to a qualified employer-related grant program. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of educational grants by private foundations, and for other purposes."} | 1,004 | 72 | 0.539032 | 1.364844 | 1.42019 | 3.089286 | 15.714286 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Security Public Awareness Act
of 2011''.
SEC. 2. FINDINGS.
(a) Congress finds the following:
(1) Information technology is central to the effectiveness,
efficiency, and reliability of the industry and commercial
services, Armed Forces and national security systems, and the
critical infrastructure of the United States.
(2) Cyber criminals, terrorists, and agents of foreign
powers have taken advantage of the connectivity of the United
States to inflict substantial damage to the economic and
national security interests of the Nation.
(3) The cyber security threat is sophisticated, relentless,
and massive, exposing all consumers in the United States to the
risk of substantial harm.
(4) Businesses in the United States are bearing enormous
losses as a result of criminal cyber attacks, depriving
businesses of hard-earned profits that could be reinvested in
further job-producing innovation.
(5) Hackers continuously probe the networks of Federal and
State agencies, the Armed Forces, and the commercial industrial
base of the Armed Forces, and already have caused substantial
damage and compromised sensitive and classified information.
(6) Severe cyber security threats will continue, and will
likely grow, as the economy of the United States grows more
connected, criminals become increasingly sophisticated in
efforts to steal from consumers, industries, and businesses in
the United States, and terrorists and foreign nations continue
to use cyberspace as a means of attack against the national and
economic security of the United States.
(7) Public awareness of cyber security threats is essential
to cyber security defense. Only a well-informed public and
Congress can make the decisions necessary to protect consumers,
industries, and the national and economic security of the
United States.
(8) As of 2011, the level of public awareness of cyber
security threats is unacceptably low. Only a tiny portion of
relevant cyber security information is released to the public.
Information about attacks on Federal Government systems is
usually classified. Information about attacks on private
systems is ordinarily kept confidential. Sufficient mechanisms
do not exist to provide meaningful threat reports to the public
in unclassified and anonymized form.
SEC. 3. CYBER INCIDENTS AGAINST GOVERNMENT NETWORKS.
(a) Department of Homeland Security.--Not later than 180 days after
the date of enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit to Congress a report that--
(1) summarizes major cyber incidents involving networks of
executive agencies (as defined in section 105 of title 5,
United States Code), except for the Department of Defense;
(2) provides aggregate statistics on the number of breaches
of networks of executive agencies, the volume of data
exfiltrated, and the estimated cost of remedying the breaches;
and
(3) discusses the risk of cyber sabotage.
(b) Department of Defense.--Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the Secretary of
Defense shall submit to Congress a report that--
(1) summarizes major cyber incidents against networks of
the Department of Defense and the military departments;
(2) provides aggregate statistics on the number of breaches
against networks of the Department of Defense and the military
departments, the volume of data exfiltrated, and the estimated
cost of remedying the breaches; and
(3) discusses the risk of cyber sabatoge.
(c) Form of Reports.--Each report submitted under this section
shall be in unclassified form, but may include a classified annex as
necessary to protect sources, methods, and national security.
SEC. 4. PROSECUTION FOR CYBERCRIME.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General and the Director of the
Federal Bureau of Investigation shall submit to Congress reports--
(1) describing investigations and prosecutions by the
Department of Justice relating to cyber intrusions or other
cybercrimes the preceding year, including--
(A) the number of investigations initiated relating
to such crimes;
(B) the number of arrests relating to such crimes;
(C) the number and description of instances in
which investigations or prosecutions relating to such
crimes have been delayed or prevented because of an
inability to extradite a criminal defendant in a timely
manner; and
(D) the number of prosecutions for such crimes,
including--
(i) the number of defendants prosecuted;
(ii) whether the prosecutions resulted in a
conviction;
(iii) the sentence imposed and the
statutory maximum for each such crime for which
a defendant was convicted; and
(iv) the average sentence imposed for a
conviction of such crimes;
(2) identifying the number of employees, financial
resources, and other resources (such as technology and
training) devoted to the enforcement, investigation, and
prosecution of cyber intrusions or other cybercrimes, including
the number of investigators, prosecutors, and forensic
specialists dedicated to investigating and prosecuting cyber
intrusions or other cybercrimes; and
(3) discussing any impediments under the laws of the United
States or international law to prosecutions for cyber
intrusions or other cybercrimes.
(b) Updates.--The Attorney General and the Director of the Federal
Bureau of Investigation shall annually submit to Congress reports
updating the reports submitted under section (a) at the same time the
Attorney General and Director submit annual reports under section 404
of the Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (42 U.S.C. 3713d).
SEC. 5. ASSISTANCE PLAN FOR SIGNIFICANT PRIVATE CYBER INCIDENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit to Congress a report that describes
policies and procedures for Federal agencies to assist a private sector
entity in the defending of the information networks of the private
sector entity against cyber threats that could result in loss of life
or significant harm to the national economy or national security.
(b) Form of Reports.--Each report submitted under this section
shall be in unclassified form, but may include a classified annex as
necessary to protect sources, methods, proprietary or sensitive
business information, and national security.
SEC. 6. CYBERCRIME REPORTING TO SHAREHOLDERS.
Not later than 180 days after the date of enactment of this Act,
the Securities and Exchange Commission, in consultation with the
Secretary of Homeland Security, shall submit to Congress a report on--
(1) the extent of financial risk to issuers of securities
caused by cyber intrusions or other cybercrimes, and any
resulting legal liability; and
(2) whether current financial statements of issuers
transparently reflect the risk described in paragraph (1) to
shareholders.
SEC. 7. PRIMARY REGULATORS OF CRITICAL INFRASTRUCTURE.
(a) Definitions.--In this section the term ``primary regulators
responsible for the physical and economic security of each critical
industry'' means--
(1) for the energy industry, the Federal Energy Regulatory
Commission, the Nuclear Regulatory Commission, and the
Secretary of Energy;
(2) for the financial services industry, the Federal
Deposit Insurance Commission, the Secretary of the Treasury,
and the Chairman of the Securities and Exchange Commission;
(3) for the air, rail, and ground transportation industry,
the Secretary of Transportation;
(4) for the communications industry, the Federal
Communications Commission;
(5) for the food supply industry, the Commissioner of Food
and Drugs;
(6) for the water supply industry, the Administrator of the
Environmental Protection Agency; and
(7) for any other element of the economy determined to be
critical by the Secretary of Homeland Security, the Federal
Trade Commission.
(b) Reports.--Not later than 180 days after the date of enactment
of this Act, and annually thereafter for 3 years, the primary regulator
for each critical industry, in consultation with the Secretary of
Homeland Security, shall submit to Congress a report that describes
the--
(1) nature and state of the vulnerabilities to cyber
attacks of each industry described in subsection (a);
(2) prevalence and seriousness of cyber attacks in each
industry described in subsection (a);
(3) recommended steps to thwart or diminish cyber attacks;
and
(4) whether the concept of cyber security and information
assurance cooperative activities with private sector partners
developed by the Defense Industrial Base of the Department of
Defense may be applied to the critical industries described in
subsection (a).
(c) Form of Reports.--Each report submitted under this section--
(1) shall be--
(A) in unclassified form; and
(B) anonymized as the Secretary determines
necessary to protect confidential business information;
and
(2) may include a classified annex as necessary to protect
sources, methods, proprietary or sensitive business
information, and national security.
SEC. 8. RESEARCH REPORT ON IMPROVING SECURITY OF INFORMATION NETWORKS
OF CRITICAL INFRASTRUCTURE ENTITIES.
(a) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given that term in section 1016(e) of
the USA PATRIOT Act (42 U.S.C. 5195c(e)).
(b) Reports.--
(1) In general.--The Secretary of Homeland Security shall
enter into a contract with the National Research Council, or
another federally funded research and development corporation,
under which the Council or corporation shall submit to Congress
reports on available technical options, consistent with
Constitutional and statutory privacy rights, for enhancing the
security of the information networks of entities that own or
manage critical infrastructure through--
(A) technical improvements, including developing a
secure domain; or
(B) increased notice of and consent to the use of
technologies to scan for, detect, and defeat cyber
security threats, such as technologies used in a secure
domain.
(2) Timing.--The contract entered into under paragraph (1)
shall require that the report described in paragraph (1) be
submitted--
(A) not later than 180 days after the date of
enactment of this Act;
(B) annually, after the first report submitted
under paragraph (1), for 3 years; and
(C) more frequently, as determined appropriate by
the Secretary of Homeland Security in response to new
risks or technologies that emerge.
SEC. 9. PREPAREDNESS OF FEDERAL COURTS TO PROMOTE CYBER SECURITY.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in coordination with the Administrative Office of
the United States Courts, shall submit to Congress a report--
(1) on whether Federal courts have granted timely relief in
matters relating to botnets and other cybercrime and cyber
security threats; and
(2) that includes, as appropriate, recommendations on
changes or improvements to--
(A) the Federal Rules of Civil Procedure or the
Federal Rules of Criminal Procedure;
(B) the training and other resources available to
support the Federal judiciary;
(C) the capabilities and specialization of courts
to which such cases may be assigned; and
(D) Federal civil and criminal laws.
SEC. 10. IMPEDIMENTS TO PUBLIC AWARENESS.
Not later than 180 days after the date of enactment of this Act,
and annually thereafter for 3 years (or more frequently if determined
appropriate by the Secretary of Homeland Security) the Secretary of
Homeland Security shall submit to Congress a report on--
(1) legal or other impediments to appropriate public
awareness of--
(A) the nature of, methods of propagation of, and
damage caused by common cyber security threats such as
computer viruses, phishing techniques, and malware;
(B) the minimal standards of computer security
necessary for responsible Internet use; and
(C) the availability of commercial off the shelf
technology that allows consumers to meet such levels of
computer security;
(2) a summary of the plans of the Secretary of Homeland
Security to enhance public awareness of common cyber security
threats, including a description of the metrics used by the
Department of Homeland Security for evaluating the efficacy of
public awareness campaigns; and
(3) recommendations for congressional actions to address
these impediments to appropriate public awareness of common
cyber security threats.
SEC. 11. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN OF THE
UNITED STATES.
(a) Definitions.--In this section--
(1) the term ``information technology supply chain of the
United States'' means the public and private telecommunications
networks of the United States; and
(2) the term ``telecommunications networks of the United
States'' includes--
(A) telephone systems;
(B) Internet systems;
(C) fiber optic lines, including cable landings;
(D) computer networks; and
(E) smart grid technology under development by the
Department of Energy.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, and annually thereafter, the Secretary of Homeland Security
shall submit to Congress a report that--
(1) identifies foreign suppliers of information technology
(including equipment, software, and services) that are linked
directly or indirectly to a foreign government, including--
(A) by ties to the military forces of a foreign
government; or
(B) by being the beneficiaries of significant low
interest or no interest loans, loan forgiveness, or
other support by a foreign government;
(2) discusses the extent to which goods produced by
suppliers identified under paragraph (2) have been integrated
into the information technology supply chain of the United
States;
(3) identifies specific telecommunications networks of the
United States that include information technology identified
under paragraph (1); and
(4) assesses the vulnerability to malicious activity,
including cyber crime or espionage, of the telecommunications
networks of the United States identified under paragraph (3)
due to the presence of technology produced by suppliers
identified under paragraph (1).
SEC. 12. PROTECTING THE ELECTRICAL GRID OF THE UNITED STATES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the Secretary
of Defense and the Director of National Intelligence, shall submit to
Congress a report on--
(1) the threat of a cyber attack disrupting the electrical
grid of the United States;
(2) the implications for the national security of the
United States if the electrical grid is disrupted;
(3) the options available to the United States and private
sector entities to quickly reconstitute electrical service to
provide for the national security of the United States, and,
within a reasonable time frame, the reconstitution of all
electrical service within the United States; and
(4) a plan to prevent disruption of the electric grid of
the United States caused by a cyber attack. | Cyber Security Public Awareness Act of 2011 - Directs the Secretary of Homeland Security (DHS) to submit an annual report that: (1) summarizes major cyber incidents involving networks of executive agencies, except for the Department of Defense (DOD); (2) provides aggregate statistics on the number of breaches of networks of executive agencies, the volume of data exfiltrated, and the estimated cost of remedying the breaches; and (3) discusses the risk of cyber sabotage. Requires a similar report by the Secretary of DOD.
Directs: (1) the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to submit reports and annual updates describing investigations and prosecutions by the Department of Justice (DOJ) relating to cyber crimes, resources devoted to the enforcement, investigation, and prosecution of such crimes, and legal impediments to such prosecutions; (2) the Securities and Exchange Commission (SEC) to report on the extent of financial risk to issuers of securities caused by cyber crimes, on any resulting legal liability, and on whether current financial statements of issuers transparently reflect that risk to shareholders; and (3) designated primary regulators responsible for the security of specified critical industries to submit annual reports describing vulnerabilities to, and the prevalence of, cyber attacks for each industry.
Directs the Attorney General, in coordination with the Administrative Office of the United States Courts, to submit a report on: (1) whether federal courts have granted timely relief in matters relating to botnets and other cyber crime and cyber security threats; and (2) recommended changes to the rules of civil or criminal procedure, the resources, capabilities, and specialization of courts to which such cases may be assigned, and federal civil and criminal laws.
Directs the Secretary of DHS to: (1) submit annual reports describing policies and procedures for federal agencies to assist a private sector entity in defending its information networks against cyber threats that could result in loss of life or significant harm to the national economy or national security; (2) contract with the National Research Council or another federally funded research and development corporation for reports on available technical options for enhancing the security of the information networks of entities that own or manage critical infrastructure; (3) submit annual reports on impediments to public awareness of common cyber security threats; (4) submit annual reports on the vulnerability to malicious activity of U.S. telecommunications networks due to the presence of technology produced by foreign suppliers linked to a foreign government; and (5) submit a report on the threat of a cyber attack disrupting the U.S. electrical grid and the national security implications. | {"src": "billsum_train", "title": "A bill to promote public awareness of cyber security."} | 3,184 | 544 | 0.576684 | 2.107088 | 0.641147 | 4.992032 | 6.047809 | 0.964143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Canyon Conservation Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
The Congress finds and declares that:
(1) The resources within the Black Canyon of the Gunnison
National Monument and on the adjacent Federal lands are
nationally and internationally significant.
(2) These resources offer exceptional opportunities to
expand and interpret ecological components and geologic
features.
(3) These resources offer a superlative opportunity for
recreation.
(4) These resources coincide with, compliment, and expand
the purposes for which the Black Canyon of the Gunnison
National Monument was established.
(5) Therefore, given that the historic boundary of the
Black Canyon of the Gunnison National Monument was statutorily
established and enlarged by Public Law 98-357.
(6) The lands in the lower Gunnison Gorge have been studied
and recommended for wilderness designation by the Bureau of
Land Management in 1987.
(7) The Gunnison River was studied by the Bureau of Land
Management in 1979 and was found to be eligible for wild and
scenic designation.
(8) The fishery in the Gunnison River that flows through
the Gunnison Gorge has been recognized by the State of Colorado
as a ``Gold Medal Stream'' and ``Wild Trout Water''.
(9) The creation of a national park, national conservation
area and the designation of the Gunnison River as a wild and
scenic river is appropriate and necessary to protect and
enhance the Black Canyon, the Gunnison Gorge, and the
surrounding natural resources for future generations.
SEC. 3. REDESIGNATION OF THE NATIONAL MONUMENT AS A NATIONAL PARK.
(a) Redesignation.--In order to protect, interpret, and promote the
spectacular gorges formed by the erosive work of the Gunnison River,
the Black Canyon of the Gunnison National Monument is hereby
redesignated as the Black Canyon of the Gunnison National Park.
(b) Area Included.--The national park shall consist of the existing
Black Canyon of the Gunnison National Monument. Any funds available for
the purposes of the monument shall be made available for the purposes
of the park. All valid existing rights within the monument shall be
included in the national park.
(c) Administration.--The Secretary of the Interior (hereinafter
referred to as the Secretary) shall administer the Black Canyon of the
Gunnison National Park in accordance with this Act and with the
provisions of law generally applicable to units of the National Park
System, including, but not limited to, the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(d) Water Right.--Designation of the Black Canyon of the Gunnison
National Park shall not constitute a reservation of water, water
rights, or instream flows beyond the water right described in section
6(c) of this Act.
SEC. 4. ESTABLISHMENT OF THE BLACK CANYON OF THE GUNNISON NATIONAL
CONSERVATION AREA.
(a) Establishment.--In order to protect that area in Colorado
containing the Gunnison Gorge and other unique and nationally important
recreational, geological, ecological, scenic, educational, scientific,
and wilderness resources of the public lands in and around the lower
Gunnison Gorge for the benefit and enjoyment of future generations,
there is hereby established the Gunnison Gorge National Conservation
Area (hereinafter referred to as the ``conservation area'').
(b) Area Included.--The conservation area shall consist of
approximately sixty-four thousand one hundred and thirty-nine acres as
generally depicted on the map entitled ``Gunnison Gorge National
Conservation Area'' numbered and dated . The map shall
be on file and available for inspection in the offices of the Director
of the Bureau of Land Management of the Department of the Interior.
(c) Legal Description.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a legal description of
the conservation area designated under this section with the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives. Such 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 such legal description.
The legal description shall be on file and available for public
inspection in the offices of the Director of the Bureau of Land
Management, Department of the Interior.
(d) Administration.--The Secretary, acting through the Director of
the Bureau of Land Management, shall manage the conservation area to
protect its resources in accordance with this Act, the Federal Land
Management and Policy Act of 1976 and other applicable provisions of
law.
(e) Withdrawal.--Subject to valid existing rights, all Federal
lands within the conservation area and all lands and interests therein
which are hereafter acquired by the United States are hereby withdrawn
from all forms of entry, appropriation, or disposal under the public
land laws and from location, entry, and patent under the mining laws,
and from operation of the mineral leasing and geothermal leasing laws
and all amendments thereto.
(f) Hunting, Trapping, and Fishing.--The Secretary shall permit
hunting, trapping, and fishing within the conservation area in
accordance with applicable laws and regulations of the United States
and the State of Colorado; except that 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 of public safety,
administration, or public use and enjoyment.
(g) Grazing.--The grazing of livestock in the conservation area
designated by this Act, where established prior to the date of the
enactment of this Act, shall be administered in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of
the Act entitled ``An Act to designate certain National Forest System
lands in the State of Colorado, South Dakota, Missouri, South Carolina,
and Louisiana for inclusion in the National Wilderness Preservation
System, and for other purposes'' (Public Law 96-560).
(h) Water Rights.--Designation of the conservation area shall not
constitute a reservation of water, water rights or instream flows
beyond the water right described in section 6(c) of this Act.
(i) Motorized Vehicles.--The use of motorized vehicles in the
conservation area shall be allowed on routes specifically designated
for such use as part of the management plan prepared pursuant to
section 7 of this Act, except where needed for administrative or
emergency purposes. The Secretary shall have the power to implement
such reasonable limits to visitation and use of the conservation area
as he finds appropriate for the protection of the resources of the
conservation area, including requiring permits for public use, or
closing portions of the conservation area to public use.
(j) Enforcement.--Any person who violates the provisions of this
Act or any regulation promulgated by the Secretary to implement this
Act shall be subject to a fine of up to $10,000 or imprisonment of up
to one year, or both.
SEC. 5. DESIGNATION OF WILDERNESS WITHIN THE CONSERVATION AREA.
(a) Designation.--Within the conservation area there are hereby
designated as wilderness, and as a component of the National Wilderness
Preservation System, the Gunnison Gorge Wilderness of approximately
twenty-one thousand thirty-eight acres, as generally depicted on the
map entitled the Gunnison Gorge Wilderness Area numbered and
dated . The map shall be on file and available for inspection
in the offices of the Director of the Bureau of Land Management,
Department of the Interior.
(b) Legal Description.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a legal description
of the wilderness area designated by this Act with the Committee on
Natural Resources of the United States House of Representatives and
with the Committee on Energy and Natural Resources of the United States
Senate. Such 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 such legal description. The legal
description shall be on file and available for public inspection in the
offices of the Director of the Bureau of Land Management, Department of
the Interior.
(c) Administration.--Subject to valid existing rights, the
wilderness area designated by this Act shall be administered by the
Secretary in accordance with the provisions of the Wilderness Act (78
Stat. 890; 16 U.S.C. 131), governing areas designated by that Act as
wilderness.
(d) No Buffer Zones.--The Congress does not intend for the
designation of this wilderness area to lead to the creation of
protective perimeters or buffer zones around any such wilderness area.
The fact that nonwilderness activities or uses can be seen or heard
from areas within a wilderness shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness areas.
(e) Fish and Wildlife.--As provided in paragraph (7) of section
4(d) of the Wilderness Act, nothing in this Act or in the Wilderness
Act shall be construed as affecting the jurisdiction or
responsibilities of the State of Colorado with respect to wildlife and
fish on the public lands located in that State.
(f) Grazing.--The grazing of livestock in the conservation area
designated by this Act, where established prior to the date of the
enactment of this Act, shall be administered in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and section 108 of
the Act entitled ``An Act to designate certain National Forest System
lands in the State of Colorado, South Dakota, Missouri, South Carolina,
and Louisiana for inclusion in the National Wilderness Preservation
System, and for other purposes'' (Public Law 96-560).
(g) Water Rights.--Designation of the Gunnison Gorge Wilderness
shall not constitute a reservation of water, water rights or instream
flows beyond the water right described in section 6(c) of this Act.
SEC. 6. DESIGNATING THE GUNNISON RIVER AS A WILD AND SCENIC RIVER.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding the following new paragraph at
the end:
``( ) Gunnison, Colorado--the Gunnison River from the upstream
boundary of the Black Canyon of the Gunnison National Monument down
stream to the confluence of the North Fork of the Gunnison River to be
administered by the Secretary of the Interior.''.
(b) Water Development.--For the purposes of this Act, the storage
and diversion of water outside of the designated reach shall not be
considered to have an adverse effect on the values for which the reach
was established.
(c) Water Rights.--No water rights or the reservation of water
which would expand on the existing reserved water right for the Black
Canyon of the Gunnison National Monument, shall be created by this
designation.
SEC. 7. GENERAL MANAGEMENT PLANS.
(a) In General.--Within three full fiscal years following the
fiscal year of enactment of this Act, the Secretary shall develop and
transmit to the Committee on Natural Resources of the United States
House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate, a comprehensive plan for the
long-range protection and management of the conservation area which
shall describe the appropriate uses and development of the conservation
area consistent with the purposes of this Act. This plan shall
incorporate appropriate decisions contained in the Uncompahgre Basin
Resource Management Plan (completed in September, 1988), the Gunnison
Gorge Recreation Area Management Plan (completed on July 24, 1985 and
supplemented on July 21, 1988). The conservation area plan shall also
incorporate wildlife habitat management plans that have been prepared
for the area, and will be prepared in close consultation with
appropriate agencies of the State of Colorado and consider previous
studies of the area.
(b) Public Lands.--For the purpose of this Act, the term ``public
lands'' shall have the same meaning as such term has when used in the
Federal Land Policy and Management Act of 1976.
(c) Management of Acquired Lands.--Any non-Federal lands or
interests within or adjacent to the boundaries of the conservation area
which after the date of enactment of this Act may be acquired by the
United States shall be incorporated into the conservation area, and
shall be managed in accordance with all the provisions of this Act and
other laws applicable to the conservation area.
(d) Limitations.--No federally owned lands located within the
boundaries of the conservation area shall be transferred out of Federal
ownership, or be placed in trust, by exchange or otherwise.
SEC. 8. APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act. | Black Canyon Conservation Act of 1993 - Redesignates the Black Canyon of the Gunnison National Monument in Colorado as the Black Canyon of the Gunnison National Park.
Establishes the Gunnison Gorge National Conservation Area (conservation area).
Designates the Gunnison Gorge Wilderness (located within the conservation area) as a component of the National Wilderness Preservation System.
Amends the Wild and Scenic Rivers Act to designate the Gunnison River, Colorado, as a component of the National Wild and Scenic Rivers System.
Directs the Secretary of the Interior to transmit to specified congressional committees a comprehensive plan for the long-range protection and management of the conservation area.
Authorizes appropriations. | {"src": "billsum_train", "title": "Black Canyon Conservation Act of 1993"} | 2,977 | 168 | 0.604047 | 1.536083 | 0.71962 | 4.816 | 21.064 | 0.928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Athletic Organization
Protection Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Amateur Sports and education-based athletics are an
important part of our culture. Sports provide a tremendous
opportunity for the youth of America to learn the skills of
leadership, teamwork, and discipline. Studies have shown that
participation in these activities is directly connected to
academic achievement and overall social development.
(2) Amateur athletics are integral to the good health and
overall well-being of American society. Nonprofit organizations
put forward their best efforts to enact rules that are in the
best interests of young people. Injuries will occur as a result
of the inherent risks involved in sports. These risks, however,
should not work to the detriment of the greater good served by
amateur athletics.
(3) Young people who participate in school sports and other
amateur competition have lower levels of obesity.
(4) Young people who participate in sports tend to be
fitter adults, and suffer fewer health problems as they age.
(5) Playing rules in amateur sports are necessary to
provide the opportunity for young people to participate in age-
and skill level-appropriate competition.
(6) Sport involves intense physical activity. It also
involves a certain element of danger. Rules making is
anticipatory, and it involves tradeoffs and balancing acts.
Rules makers must draw unambiguous lines; they do not have the
luxury of self-protective vagueness. Given the large number of
participants and the risks inherent in sport, injuries cannot
be avoided. By deciding to partake in competition, athletes
assume such risks. Allowing lawsuits based merely on the good
faith development of the rules is wrong and unfair.
(7) Rules makers have been the target of an increasing
number of lawsuits claiming negligence due to the adoption, or
failure to adopt, particular rules for amateur sports.
(8) Repeatedly defending claims will have a detrimental
impact on the ability of rules makers to continue to provide
these services, and will discourage the best and brightest
coaches, officials, and administrators from serving on rules
committees.
SEC. 3. DEFINITIONS.
In this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss.--The term ``noneconomic loss'' means
any loss resulting from physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code; or
(B) any not-for-profit organization which is
organized and conducted for public benefit and operated
primarily for charitable, civic, educational,
religious, welfare, or health purposes.
(5) Nonprofit athletic organization.--The term ``nonprofit
athletic organization'' means a nonprofit organization that has
as one of its primary functions the adoption of rules for
sanctioned or approved athletic competitions and practices. The
term includes the employees, agents, and volunteers of such
organization, provided such individuals are acting within the
scope of their duties with the nonprofit athletic organization.
(6) State.--The term ``State'' includes the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
SEC. 4. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.
(a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic
organization shall not be liable for harm caused by an act or omission
of the nonprofit athletic organization in the adoption of rules for
sanctioned or approved athletic competitions or practices if--
(1) the nonprofit athletic organization was acting within
the scope of the organization's duties at the time of the
adoption of the rules at issue;
(2) the nonprofit athletic organization was, if required,
properly licensed, certified, or authorized by the appropriate
authorities for the competition or practice in the State in
which the harm occurred or where the competition or practice
was undertaken; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, or reckless misconduct on the
part of the nonprofit athletic organization.
(b) Responsibility of Employees, Agents, and Volunteers to
Nonprofit Athletic Organizations.--Nothing in this section shall be
construed to affect any civil action brought by any nonprofit athletic
organization against any employee, agent, or volunteer of such
organization.
(c) Exceptions to Nonprofit Athletic Organization Liability
Protection.--If the laws of a State limit nonprofit athletic
organization liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit athletic
organization to adhere to risk management procedures, including
mandatory training of its employees, agents, or volunteers.
(2) A State law that makes the nonprofit athletic
organization liable for the acts or omissions of its employees,
agents, and volunteers to the same extent as an employer is
liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(d) Nonapplicability to Certain Claims.--The limitation on
liability provided by subsection (a) does not apply to an action or
claim arising out of a Federal, State, or local antitrust, labor,
environmental, defamation, tortious interference of contract law, or
civil rights law, or any other Federal, State, or local law providing
protection from discrimination.
SEC. 5. PREEMPTION.
This Act preempts the laws of any State to the extent that such
laws are inconsistent with this Act, except that this Act shall not
preempt any State law that provides additional protection from
liability relating to the rule-making activities of nonprofit athletic
organizations.
SEC. 6. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of
enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a nonprofit athletic organization that is filed
on or after the effective date of this Act but only if the harm that is
the subject of the claim or the conduct that caused the harm occurred
on or after such effective date. | Nonprofit Athletic Organization Protection Act of 2004 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct.
Allows exceptions to such protection where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government. | {"src": "billsum_train", "title": "A bill to provide immunity for nonprofit athletic organizations in lawsuits arising from claims of ordinary negligence relating to passage or adoption of rules for athletic competitions and practices."} | 1,567 | 197 | 0.488578 | 1.452429 | 0.685196 | 5.939891 | 8.071038 | 0.989071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCORE Program Improvement Act of
2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``SCORE'' means the Service Corps of Retired
Executives established under section 8(b)(1) of the Small
Business Act (15 U.S.C. 637(b)(1));
(3) the term ``SCORE Advisory Board'' means the SCORE
Advisory Board established under section 101 of this Act;
(4) the term ``SCORE chapter'' means a chapter of the
Service Corps of Retired Executives; and
(5) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
TITLE I--SCORE ADVISORY BOARD
SEC. 101. ESTABLISHMENT OF ADVISORY BOARD.
(a) Establishment.--There is established the SCORE Advisory Board.
(b) Membership.--
(1) Composition.--The SCORE Advisory Board shall be
composed of 6 members, who shall be appointed from among
individuals having outstanding qualifications and known to be
familiar with and sympathetic to the needs and problems of
small business concerns.
(2) Limitations.--Of the individuals appointed under
paragraph (1)--
(A) not more than 3 may be members of a SCORE
chapter; and
(B) 3 shall be owners or employees of small
business concerns or members of an association that
represents small business concerns.
(3) Prohibition.--The members of the SCORE Advisory Board
may not be employees of the Federal Government.
(4) Date.--The appointments of the members of the SCORE
Advisory Board shall be made not later than 90 days after the
date of enactment of this Act.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), a
member of the SCORE Advisory Board shall be appointed for a
term of 3 years.
(2) First members.--Of the members first appointed to the
SCORE Advisory Board--
(A) 2 shall be appointed for a term of 4 years, of
whom 1 shall be a member described in subsection
(b)(2)(A) and 1 shall be a member described in
subsection (b)(2)(B);
(B) 2 shall be appointed for a term of 3 years, of
whom 1 shall be a member described in subsection
(b)(2)(A) and 1 shall be a member described in
subsection (b)(2)(B); and
(C) 2 shall be appointed for a term of 2 years, of
whom 1 shall be a member described in subsection
(b)(2)(A) and 1 shall be a member described in
subsection (b)(2)(B).
(d) Vacancies.--
(1) In general.--A vacancy on the SCORE Advisory Board
shall be filled in the manner in which the original appointment
was made and shall be subject to any conditions which applied
with respect to the original appointment.
(2) Filling unexpired term.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of the member
replaced.
(e) Initial Meeting.--Not later than 60 days after the date on
which all members of the SCORE Advisory Board have been appointed, the
SCORE Advisory Board shall hold its first meeting.
(f) Meetings.--The SCORE Advisory Board shall meet--
(1) not less frequently than semiannually; and
(2) at the call of the Chairman.
(g) Quorum.--A majority of the members of the SCORE Advisory Board
shall constitute a quorum, but a lesser number of members may hold
hearings.
(h) Chairman.--The SCORE Advisory Board shall select a Chairman
from among its members.
SEC. 102. DUTIES OF THE SCORE ADVISORY BOARD.
(a) Duties.--The SCORE Advisory Board shall--
(1) review and monitor plans and programs developed in the
public and private sector which affect SCORE chapters;
(2) provide advice on improving coordination between plans
and programs described in paragraph (1);
(3) advise SCORE chapters on the use of Federal funds
allocated to SCORE;
(4) develop and promote initiatives, policies, programs,
and plans designed to assist with the mentoring services
offered by SCORE chapters throughout the United States; and
(5) advise the Administrator on the development and
implementation of an annual comprehensive plan under subsection
(b).
(b) Development of Plan.--The Administrator shall develop and
implement an annual comprehensive plan for joint efforts by the public
and private sectors to facilitate the formation and development of
mentoring by SCORE volunteers.
(c) Annual Report.--Not later than 30 days after the end of each
fiscal year, the SCORE Advisory Board shall submit to the President,
the Committee on Small Business and Entrepreneurship of the Senate, and
the Committee on Small Business of the House of Representatives a
report that contains--
(1) the minutes of each meeting of the SCORE Advisory Board
during the fiscal year to which the report relates;
(2) a detailed description of the activities of the SCORE
Advisory Board during the fiscal year to which the report
relates, including how the SCORE Advisory Board carried out the
duties described in subsection (a);
(3) recommendations for promoting SCORE chapters and
mentoring services; and
(4) any concurring or dissenting views of the
Administrator.
SEC. 103. POWERS OF THE SCORE ADVISORY BOARD.
(a) Hearings.--The SCORE Advisory Board may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the SCORE Advisory Board considers advisable to carry out
this Act.
(b) Task Groups.--The SCORE Advisory Board may establish a
temporary task group to carry out any duty of the SCORE Advisory Board
described in section 4.
(c) Information From Federal Agencies.--The SCORE Advisory Board
may secure directly from any Federal department or agency such
information as the SCORE Advisory Board considers necessary to carry
out this Act. Upon request of the Chairman of the SCORE Advisory Board,
the head of such department or agency shall furnish such information to
the SCORE Advisory Board.
(d) Postal Services.--The SCORE Advisory Board may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Gifts.--The SCORE Advisory Board may accept, use, and dispose
of gifts or donations of services or property.
SEC. 104. SCORE ADVISORY BOARD PERSONNEL MATTERS.
(a) Compensation.--Members of the SCORE Advisory Board shall not be
compensated for services performed on behalf of the SCORE Advisory
Board.
(b) Travel Expenses.--The members of the SCORE Advisory Board shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
SCORE Advisory Board.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the SCORE Advisory Board without
reimbursement, and such detail shall be without interruption or loss of
civil service status or privilege.
SEC. 105. INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO THE
SCORE ADVISORY BOARD.
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the SCORE Advisory Board.
SEC. 106. FUNDING.
The expenses of the SCORE Advisory Board, including expenses
relating to personnel, as described in section 104, shall be paid by
SCORE, from amounts made available to SCORE to carry out section
8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)).
TITLE II--FINANCIAL REFORMS
SEC. 201. REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--The Administrator may make grants and enter
into cooperative agreements to carry out the SCORE program authorized
by section 8(b)(1) in a total amount that does not exceed $7,000,000
for each of fiscal years 2013, 2014, and 2015.''.
SEC. 202. CHIEF EXECUTIVE OFFICER OF SCORE.
(a) Limitation on Amount of Salary.--The rate of basic pay of the
chief executive officer of SCORE may not exceed the maximum rate of
basic pay established under section 5382 of title 5, United States
Code, for a position in the Senior Executive Service.
(b) Federal Share of Salary.--For any year during which the chief
executive officer of SCORE serves in a leadership capacity on a
foundation affiliated with SCORE, the Federal share of the basic pay of
the chief executive officer of SCORE may not exceed 80 percent.
SEC. 203. ALLOCATION COMMITTEE.
(a) Establishment.--SCORE shall establish a committee to determine
the amount allocated each year to each SCORE chapter.
(b) Members.--The members of the committee established under
subsection (a) shall include--
(1) 1 member of the staff of SCORE who is not the chief
executive officer of SCORE; and
(2) not fewer than 4 members of the SCORE Advisory Board.
SEC. 204. ALLOCATION OF AMOUNTS.
SCORE shall establish a method for allocating amounts received by
SCORE from the Federal Government, which shall--
(1) ensure that not less than 50 percent of the amounts are
allocated to SCORE chapters; and
(2) be subject to the approval of the Administrator and the
committee established under section 203.
SEC. 205. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the technology activities of SCORE that includes an
examination of each expenditure by SCORE for technology activities and
the result of each such expenditure.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to Congress and the
Administrator a report that contains--
(1) a detailed description of the amounts SCORE has
expended for technology activities, including how SCORE
expended Federal funds to carry out and sustain technology
initiatives during the 4-year period ending on the date of
enactment of this Act;
(2) a determination of whether SCORE has expended Federal
funds efficiently and effectively to carry out technology
activities;
(3) an evaluation of--
(A) how well SCORE has met objectives relating to
technology spending; and
(B) the policy that resulted in the establishment
of objectives relating to technology spending; and
(4) recommendations for actions by SCORE to achieve
objectives relating to technology spending while safeguarding
Federal funds. | SCORE Program Improvement Act of 2012 - Establishes the SCORE Advisory Board to: (1) review and monitor plans and programs which affect SCORE (Service Corps of Retired Executives) chapters; (2) advise on improving coordination between such plans and programs; (3) advise SCORE chapters on the use of allocated federal funding; (4) develop and promote initiatives, policies, programs, and plans designed to assist with mentoring services offered by SCORE chapters; and (5) advise the Administrator of the Small Business Administration (SBA) on the development and implementation of an annual comprehensive plan for joint public-private efforts to facilitate the formation and development of mentoring by SCORE volunteers. Requires an annual activities report from the Board to the President and the congressional small business committees.
Amends the Small Business Act to reauthorize the SCORE program through FY2015.
Limits the rate of pay of the SCORE chief executive officer to the maximum rate within the Senior Executive Service.
Directs SCORE to establish a committee to determine the amount of, and methods for, allocations to each chapter.
Requires the Comptroller General to: (1) conduct a study that includes an examination of each SCORE expenditure for technology activities and the result of each expenditure; and (2) report study results to Congress. | {"src": "billsum_train", "title": "A bill to improve the Service Corps of Retired Executives, and for other purposes."} | 2,517 | 271 | 0.600826 | 1.759103 | 0.752709 | 3.931174 | 8.88664 | 0.935223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reverse the Raid on Student Aid Act
of 2006''.
SEC. 2. INTEREST RATE REDUCTIONS.
(a) FFEL Interest Rates.--Section 427A(l) (20 U.S.C. 1077a(l)) is
amended--
(1) in paragraph (1)--
(A) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(B) by inserting before the period at the end the
following: ``, except that for any loan made pursuant
to section 428H for which the first disbursement is
made on or after July 1, 2006, the applicable rate of
interest shall be 6.8 percent on the unpaid principal
balance of the loan''; and
(2) in paragraph (2), by striking ``8.5 percent'' and
inserting ``4.25 percent''.
(b) Direct Loans.--Section 455(b)(7) (20 U.S.C. 1087e(b)(7)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``and Federal Direct Unsubsidized
Stafford Loans'';
(B) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(C) by inserting before the period at the end the
following: ``, and for any Federal Direct Unsubsidized
Stafford Loan made for which the first disbursement is
made on or after July 1, 2006, the applicable rate of
interest shall be 6.8 percent on the unpaid principal
balance of the loan''; and
(2) in subparagraph (B), by striking ``7.9 percent'' and
inserting ``4.25 percent''.
SEC. 3. FEDERAL PELL GRANT AWARDS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by striking clauses (i)
through (v) and inserting the following:
``(i) $4,500 for academic year 2007-2008;
``(ii) $4,800 for academic year 2008-2009;
``(iii) $5,200 for academic year 2009-2010;
``(iv) $5,600 for academic year 2010-2011; and
``(v) $6,000 for academic year 2011-2012,'';
(B) in paragraph (3)(A), by striking ``an
appropriation Act'' and inserting ``this section''; and
(C) in paragraph (7), by striking ``the appropriate
Appropriation Act for this subpart'' and inserting
``this section'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j), as
subsections (g), (h), and (i), respectively; and
(4) by adding at the end the following:
``(j) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, to carry out
this section--
``(1) for academic year 2007-2008, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $4,500;
``(2) for academic year 2008-2009, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $4,800;
``(3) for academic year 2009-2010, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $5,200;
``(4) for academic year 2010-2011, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $5,600;
``(5) for academic year 2011-2012, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $6,000; and
``(6) for each subsequent academic year, such sums as may
be necessary to award each student eligible for a Federal Pell
Grant for such subsequent academic year not more than the
amount that is equal to the maximum award amount for the
previous academic year increased by a percentage equal to the
estimated percentage increase in the Consumer Price Index (as
determined by the Secretary) between such previous academic
year and such subsequent academic year.''.
SEC. 4. IN-SCHOOL CONSOLIDATION.
Section 428(b)(7)(A) of the Higher Education Act of 1965 (20 U.S.C.
1078(b)(7)(A)) is amended by striking ``shall begin'' and all that
follows through the period and inserting ``shall begin--
``(i) the day after 6 months after the date the
student ceases to carry at least one-half the normal
full-time academic workload (as determined by the
institution); or
``(ii) on an earlier date if the borrower requests
and is granted a repayment schedule that provides for
repayment to commence at an earlier date.''.
SEC. 5. ADMINISTRATIVE ACCOUNT FOR DIRECT LOAN PROGRAM.
Section 458 of the Higher Education Act of 1965 (20 U.S.C. 1087h)
is amended to read as follows:
``SEC. 458. FUNDS FOR ADMINISTRATIVE EXPENSES.
``(a) Administrative Expenses.--
``(1) In general.--Each fiscal year there shall be
available to the Secretary, from funds not otherwise
appropriated, funds to be obligated for--
``(A) administrative costs under this part and part
B, including the costs of the direct student loan
programs under this part; and
``(B) account maintenance fees payable to guaranty
agencies under part B and calculated in accordance with
subsection (b),
not to exceed (from such funds not otherwise appropriated)
$904,000,000 in fiscal year 2007, $943,000,000 in fiscal year
2008, $983,000,000 in fiscal year 2009, $1,023,000,000 in
fiscal year 2010, $1,064,000,000 in fiscal year 2011, and
$1,106,000,000 in fiscal year 2012.
``(2) Account maintenance fees.--Account maintenance fees
under paragraph (1)(B) shall be paid quarterly and deposited in
the Agency Operating Fund established under section 422B.
``(3) Carryover.--The Secretary may carry over funds made
available under this section to a subsequent fiscal year.
``(b) Calculation Basis.--Account maintenance fees payable to
guaranty agencies under subsection (a)(1)(B) shall not exceed the basis
of 0.10 percent of the original principal amount of outstanding loans
on which insurance was issued under part B.
``(c) Budget Justification.--No funds may be expended under this
section unless the Secretary includes in the Department of Education's
annual budget justification to Congress a detailed description of the
specific activities for which the funds made available by this section
have been used in the prior and current years (if applicable), the
activities and costs planned for the budget year, and the projection of
activities and costs for each remaining year for which administrative
expenses under this section are made available.''.
SEC. 6. SINGLE HOLDER RULE.
Subparagraph (A) of section 428C(b)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1078-3(b)(1)) is amended by striking ``and (i)'' and
all that follows through ``so selected for consolidation)''. | Reverse the Raid on Student Aid Act of 2006 - Amends the Higher Education Act of 1965 to cut student loan interest rates to 3.4% for student borrowers and 4.25% for parent borrowers under the Federal Family Education Loan (FFEL) and William D. Ford Direct Loan programs for loans whose first disbursement is made on or after July 1, 2006. Maintains the current 6.8% interest rate, however, for unsubsidized Stafford loans for middle-income borrowers under such programs.
Authorizes and appropriates the funds necessary to award eligible students with Pell Grants up to specified maximum increasing amounts from academic year 2007 to 2012, with increases thereafter gauged to the Consumer Price Index.
Allows students to consolidate loans under the FFEL program while still in school.
Sets limits on funds available for administrative expenses under the FFEL and Direct Loan programs for FY2007-2012. Eliminates the current FY2007-2011 authorization of appropriations for the administrative costs of such programs.
Repeals the single holder rule which requires borrowers to apply to their current lenders for FFEL consolidation loans. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to provide interest rate reductions, to authorize and appropriate amounts for the Federal Pell Grant program, to allow for in-school consolidation, to provide the administrative account for the Federal Direct Loan Program as a mandatory program, to strike the single holder rule, and for other purposes."} | 1,701 | 237 | 0.545178 | 1.581445 | 0.790309 | 1.768844 | 7.643216 | 0.763819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Opportunities in Medical
Education Distribution Act of 2016''.
SEC. 2. REDISTRIBUTING UNUSED RESIDENCY POSITIONS TO HOSPITALS IN
STATES WITH SHORTAGES OF RESIDENTS AND HEALTH
PROFESSIONALS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``(7) and (8)'' and
inserting ``(7), (8), and (9)'';
(2) in paragraph (4)(H)(i), by striking ``(7) and (8)'' and
inserting ``(7), (8), and (9)'';
(3) in paragraph (7)(E), by striking ``paragraph (8)'' and
inserting ``paragraph (8) or (9)'' before the period at the
end; and
(4) by adding at the end the following new paragraph:
``(9) Distribution of additional residency positions.--
``(A) Reductions in limit based on unused
positions.--
``(i) Making of determinations.--Not later
than 180 days after the date of the enactment
of this paragraph and each four years
thereafter, the Secretary shall make a set of
reduction determinations (as defined in clause
(ii)).
``(ii) Set of reduction determinations
defined.--For purposes of this paragraph, the
term `set of reduction determinations' means
determinations with respect to each hospital of
whether, with respect to the one-year period
ending on the date of such set of reduction
determinations (referred to in this paragraph
as the `measurement period' for such set of
reduction determinations), the hospital's
reference resident level (as defined in
subparagraph (F)(i)) for such period was less
than the otherwise applicable resident limit
(as defined in subparagraph (F)(iii)) for such
hospital and period.
``(iii) Reduction based on determination.--
In the case that, with respect to the
measurement period for a set of reduction
determinations, the Secretary determines under
this subparagraph that the reference resident
level of a hospital for such period was less
than the otherwise applicable resident limit
for such hospital and period, effective for
portions of cost reporting periods occurring
after the date of such set of reduction
determinations and on or before the date of any
subsequent set of reduction determinations
under clause (i) (referred to in this paragraph
as the `consequence period' for such set of
reduction determinations), the otherwise
applicable resident limit for such hospital
shall be reduced by 65 percent of the
difference between such otherwise applicable
resident limit for the hospital and measurement
period and such reference resident level for
the hospital and measurement period (or, in the
case that the Secretary determines that, with
respect to the consequence period immediately
preceding such consequence period, the hospital
was a hospital described in clause (ii) of
subparagraph (B) that did not meet the
requirements of such clause, by the number
described in clause (iv)).
``(iv) Number described.--The number
described in this clause, with respect to a
hospital and consequence period (referred to in
this clause as the `target consequence
period'), is the greater of--
``(I) the number by which the
otherwise applicable resident limit for
such hospital would be reduced for the
target consequence period under clause
(iii) without the application of this
clause; and
``(II) the number by which the
otherwise applicable resident limit for
such hospital was increased for the
consequence period that immediately
preceded the target consequence period.
``(v) Exception.--This subparagraph shall
not apply to a hospital located in a rural area
(as defined in subsection (d)(2)(D)(ii)) with
fewer than 250 acute care inpatient beds.
``(vi) Determination timing.--In the case
of a reduction determination made in a year by
the Secretary under clause (i) that is not the
first such reduction determination so made, the
Secretary shall make such determination on a
date that is not later than March 31 of such
year.
``(B) Distribution.--
``(i) In general.--With respect to each set
of reduction determinations under subparagraph
(A)(i), the Secretary shall, in accordance with
the succeeding provisions of this paragraph,
increase the otherwise applicable resident
limit for each qualifying hospital that submits
an application under this subparagraph by such
number as the Secretary may approve for
portions of cost reporting periods occurring
during the consequence period for such set of
reduction determinations. The aggregate number
of increases in the otherwise applicable
resident limit under this subparagraph for such
consequence period shall be equal to the
aggregate reduction in such limits attributable
to subparagraph (A) (as estimated by the
Secretary) for such consequence period.
``(ii) Requirements.--A hospital that
receives an increase in the otherwise
applicable resident limit under this
subparagraph for a consequence period shall
ensure that, during such consequence period,
the positions resulting from the increase under
this paragraph will be filled. The Secretary
may determine whether a hospital has met the
requirements under this clause during such
consequence period in such manner and at such
time as the Secretary determines appropriate,
including at the end of such period.
``(C) Capacity considerations in redistribution.--
In determining which hospitals are to receive increases
in their otherwise applicable resident limits under
subparagraph (B) for a consequence period for a set of
reduction determinations, the Secretary shall take into
account the demonstrated likelihood of each such
hospital filling the positions made available under
this paragraph within such consequence period, as
determined by the Secretary.
``(D) Priority in redistribution.--Subject to
subparagraph (C), the Secretary shall select, with
respect to a set of reduction determinations under
subparagraph (A)(i), the qualifying hospitals that will
receive increases under subparagraph (B) in the
otherwise applicable resident limits for such hospitals
for the consequence period for such set of reduction
determinations. The Secretary shall make such selection
in a manner that distributes the positions made
available to hospitals for such consequence period
under this paragraph in accordance with the following:
``(i) The Secretary shall, with respect to
such positions that are so made available for
such consequence period, make--
``(I) 70 percent of such positions
available to hospitals located in low
resident-to-population States (as
defined in subparagraph (F)(iv)); and
``(II) 30 percent of such positions
available to hospitals located in high
HPSA-to-population States (as defined
in subparagraph (F)(v)).
``(ii) The Secretary shall, in accordance
with clause (i), make such positions available
for such consequence period in a manner that
prioritizes the distribution of such positions
to hospitals that are anticipated to fill such
positions with individuals from residence
programs located in the State in which such
hospitals are located.
``(E) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under
paragraph (2)(D) for that hospital.
``(F) Definitions.--In this paragraph:
``(i) Reference resident level.--The term
`reference resident level' means, with respect
to a hospital and measurement period, the
resident level for the cost reporting periods
of the hospital occurring during such
measurement period and for which a cost report
has been settled (or, if not, submitted
(subject to audit)), as determined by the
Secretary.
``(ii) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).
``(iii) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital and
period, the limit otherwise applicable under
subparagraphs (F)(i) and (H) of paragraph (4)
on the resident level of the hospital for such
period, determined without regard to this
paragraph but taking into account paragraph
(7)(A).
``(iv) Low resident-to-population states.--
``(I) In general.--The term `low
resident-to-population State' means a
State that has a smaller applicable
number than do at least 75 percent of
all States.
``(II) Applicable number.--For
purposes of subclause (I), the term
`applicable number' means, with respect
to a State, the number that results
from dividing the number of residents
in the State by the number of
individuals residing in the State.
``(v) High hpsa-to-population states.--
``(I) In general.--The term `high
HPSA-to-population State' means a State
that has a larger applicable number
than do at least 90 percent of all
States.
``(II) Applicable number.--For
purposes of subclause (I), the term
`applicable number' means, with respect
to a State, the number that results
from dividing the number of areas in
the State designated by the Health
Resources & Services Administration of
the Department of Health and Human
Services as Health Professional
Shortage Areas by the number of
individuals residing in the State.
``(G) Affiliation.--The provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)).''.
(b) IME.--
(1) In general.--Section 1886(d)(5)(B)(v) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the second
sentence, is amended by striking ``subsections (h)(7) and
(h)(8)'' and inserting ``subsections (h)(7), (h)(8), and
(h)(9)''.
(2) Conforming amendment.--Section 1886(d)(5)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by
adding at the end the following clause:
``(xii) For discharges occurring on or
after the date that is 180 days after the date
of the enactment of this clause, insofar as an
additional payment amount under this
subparagraph is attributable to resident
positions distributed to a hospital under
subsection (h)(9)(B), the indirect teaching
adjustment factor shall be computed in the same
manner as provided under clause (ii) with
respect to such resident positions.''.
(c) Conforming Amendment.--Section 422(b)(2) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173), as amended by section 5503 of the Patient Protection and
Affordable Care Act (Public Law 111-148), is amended by striking
``paragraphs (7) and (8)'' and inserting ``paragraphs (7), (8), and
(9).''. | Graduate Opportunities in Medical Education Distribution Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to redistribute unused residency positions for which graduate medical education costs are paid under Medicare. Specifically, the Centers for Medicare & Medicaid Services must: (1) reduce a hospital's resident limit by a specified amount if the hospital has unused residency positions and is not a rural hospital with fewer than 250 acute care inpatient beds, and (2) increase the resident limit for each qualifying hospital that applies for an increase. In aggregate, the number of increased positions shall equal the number of reduced positions. The bill establishes specified priorities and capacity considerations with respect to redistribution. | {"src": "billsum_train", "title": "Graduate Opportunities in Medical Education Distribution Act of 2016"} | 2,581 | 157 | 0.559011 | 1.607326 | 0.73771 | 2.270677 | 17.398496 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opportunities for Fairness in
Farming Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the generic programs to promote and provide research
and information for an agricultural commodity (commonly known
as ``checkoff programs'') are intended to increase demand for
all of that agricultural commodity and benefit all assessed
producers of that agricultural commodity;
(2) although the laws establishing checkoff programs
broadly prohibit the use of funds in any manner for the purpose
of influencing legislation or government action, checkoff
programs have repeatedly been shown to use funds to influence
policy directly or by partnering with organizations that lobby;
(3) the unlawful use of checkoff programs funds benefits
some agricultural producers while harming many others;
(4) to more effectively prevent Boards from using funds for
unlawful purposes, strict separation of engagement between the
Boards and policy entities is necessary;
(5) conflicts of interest in the checkoff programs allow
special interests to use checkoff program funds for the benefit
of some assessed agricultural producers at the expense of many
others;
(6) prohibiting conflicts of interest in checkoff programs
is necessary to ensure the proper and lawful operation of the
checkoff programs;
(7) checkoff programs are designed to promote agricultural
commodities, not to damage other types of agricultural
commodities through anticompetitive conduct or otherwise;
(8) prohibiting anticompetitive and similar conduct is
necessary to ensure proper and lawful operation of checkoff
programs;
(9) lack of transparency in checkoff programs enables
abuses to occur and conceals abuses from being discovered; and
(10) requiring transparency in the expenditure of checkoff
program funds is necessary to prevent and uncover abuses in
checkoff programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a board, committee, or
similar entity established to carry out a checkoff program or
an order issued by the Secretary under a checkoff program.
(2) Checkoff program.--The term ``checkoff program'' means
a program to promote and provide research and information for a
particular agricultural commodity without reference to specific
producers or brands, including a program carried out under any
of the following:
(A) The Cotton Research and Promotion Act (7 U.S.C.
2101 et seq.).
(B) The Potato Research and Promotion Act (7 U.S.C.
2611 et seq.).
(C) The Egg Research and Consumer Information Act
(7 U.S.C. 2701 et seq.).
(D) The Beef Research and Information Act (7 U.S.C.
2901 et seq.).
(E) The Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.).
(F) The Floral Research and Consumer Information
Act (7 U.S.C. 4301 et seq.).
(G) Subtitle B of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(H) The Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4601 et seq.).
(I) The Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801 et seq.).
(J) The Watermelon Research and Promotion Act (7
U.S.C. 4901 et seq.).
(K) The Pecan Promotion and Research Act of 1990 (7
U.S.C. 6001 et seq.).
(L) The Mushroom Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101 et seq.).
(M) The Lime Research, Promotion, and Consumer
Information Act of 1990 (7 U.S.C. 6201 et seq.).
(N) The Soybean Promotion, Research, and Consumer
Information Act (7 U.S.C. 6301 et seq.).
(O) The Fluid Milk Promotion Act of 1990 (7 U.S.C.
6401 et seq.).
(P) The Fresh Cut Flowers and Fresh Cut Greens
Promotion and Information Act of 1993 (7 U.S.C. 6801 et
seq.).
(Q) The Sheep Promotion, Research, and Information
Act of 1994 (7 U.S.C. 7101 et seq.).
(R) Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401).
(S) The Commodity Promotion, Research, and
Information Act of 1996 (7 U.S.C. 7411 et seq.).
(T) The Canola and Rapeseed Research, Promotion,
and Consumer Information Act (7 U.S.C. 7441 et seq.).
(U) The National Kiwifruit Research, Promotion, and
Consumer Information Act (7 U.S.C. 7461 et seq.).
(V) The Popcorn Promotion, Research, and Consumer
Information Act (7 U.S.C. 7481 et seq.).
(W) The Hass Avocado Promotion, Research, and
Information Act of 2000 (7 U.S.C. 7801 et seq.).
(3) Conflict of interest.--The term ``conflict of
interest'' means a direct or indirect financial interest in a
person or entity that performs a service for, or enters into a
contract or agreement with, a Board for anything of economic
value.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. REQUIREMENTS OF CHECKOFF PROGRAMS.
(a) Prohibitions.--
(1) In general.--A Board shall not enter into any contract
or agreement to carry out checkoff program activities with a
party that engages in activities for the purpose of influencing
any government policy or action that relates to agriculture.
(2) Conflict of interest.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in, any act that may
involve a conflict of interest.
(3) Other prohibitions.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in--
(A) any anticompetitive activity;
(B) any unfair or deceptive act or practice; or
(C) any act that may be disparaging to, or in any
way negatively portray, another agricultural commodity
or product.
(b) Authority To Enter Into Contracts.--Notwithstanding any other
provision of law, on approval of the Secretary, a Board may enter
directly into contracts and agreements to carry out generic promotion,
research, or other activities authorized by law.
(c) Production of Records.--
(1) In general.--Each contract or agreement of a checkoff
program shall provide that the entity that enters into the
contract or agreement shall produce to the Board accurate
records that account for all funds received under the contract
or agreement, including any goods or services provided or costs
incurred in connection with the contract or agreement.
(2) Maintenance of records.--A Board shall maintain any
records received under paragraph (1).
(d) Publication of Budgets and Disbursements.--
(1) In general.--The Board shall publish and make available
for public inspection all budgets and disbursements of funds
entrusted to the Board that are approved by the Secretary,
immediately on approval by the Secretary.
(2) Required disclosures.--In carrying out paragraph (1),
the Board shall disclose--
(A) the amount of the disbursement;
(B) the purpose of the disbursement, including the
activities to be funded by the disbursement;
(C) the identity of the recipient of the
disbursement; and
(D) the identity of any other parties that may
receive the disbursed funds, including any contracts or
subcontractors of the recipient of the disbursement.
(e) Audits.--
(1) Periodic audits by inspector general of usda.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently
than every 5 years thereafter, the Inspector General of
the Department of Agriculture shall conduct an audit to
determine the compliance of each checkoff program with
this section during the period of time covered by the
audit.
(B) Review of records.--An audit conducted under
subparagraph (A) shall include a review of any records
produced to the Board under subsection (c)(1).
(C) Submission of reports.--On completion of each
audit under subparagraph (A), the Inspector General of
the Department of Agriculture shall--
(i) prepare a report describing the audit;
and
(ii) submit the report described in clause
(i) to--
(I) the appropriate committees of
Congress, including the Subcommittee on
Antitrust, Competition Policy and
Consumer Rights of the Committee on the
Judiciary of the Senate; and
(II) the Comptroller General of the
United States.
(2) Audit by comptroller general.--
(A) In general.--Not earlier than 3 years, and not
later than 5 years, after the date of enactment of this
Act, the Comptroller General of the United States
shall--
(i) conduct an audit to assess--
(I) the status of actions taken for
each checkoff program to ensure
compliance with this section; and
(II) the extent to which actions
described in subclause (I) have
improved the integrity of a checkoff
program; and
(ii) prepare a report describing the audit
conducted under clause (i), including any
recommendations for--
(I) strengthening the effect of
actions described in clause (i)(I); and
(II) improving Federal legislation
relating to checkoff programs.
(B) Consideration of inspector general reports.--
The Comptroller General of the United States shall
consider reports described in paragraph (1)(C) in
preparing any recommendations in the report under
subparagraph (A)(ii).
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance, shall not be affected. | Opportunities for Fairness in Farming Act of 2017 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. A board or its employees or agents acting in their official capacity may not engage in any: act that may involve a conflict of interest; anticompetitive activity; unfair or deceptive act or practice; or act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs. | {"src": "billsum_train", "title": "Opportunities for Fairness in Farming Act of 2017"} | 2,307 | 275 | 0.653663 | 2.154797 | 0.841273 | 4.203252 | 8.268293 | 0.869919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fern Lake Conservation and
Recreation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Fern Lake and its surrounding watershed in Bell County,
Kentucky, and Claiborne County, Tennessee, is within the
potential boundaries of Cumberland Gap National Historical Park
as originally authorized by the Act of June 11, 1940 (54 Stat
262; 16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle Overlook,
which is one of the park's most valuable scenic resources and
most popular attractions, and enhance recreational
opportunities at the park.
(3) Fern Lake is the water supply source for the City of
Middlesboro, Kentucky, and environs.
(4) The 4,500-acre Fern Lake watershed is privately owned,
and the 150-acre lake and part of the watershed are currently
for sale, but the Secretary of the Interior is precluded by the
first section of the Act of June 11, 1940 (16 U.S.C. 261), from
using appropriated funds to acquire the lands.
(b) Purposes.--The purposes of the Act are--
(1) to authorize the Secretary of the Interior to use
appropriated funds if necessary, in addition to other
acquisition methods, to acquire from willing sellers Fern Lake
and its surrounding watershed in order to protect scenic and
natural resources and enhance recreational opportunities at
Cumberland Gap National Historical Park; and
(2) to allow the continued supply of safe, clean, drinking
water from Fern Lake to the City of Middlesboro, Kentucky, and
environs.
SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL
PARK.
(a) Definitions.--In this section:
(1) Fern lake.--The term ``Fern Lake'' means Fern Lake
located in Bell County, Kentucky, and Claiborne County,
Tennessee.
(2) Land.--The term ``land'' means land, water, interests
in land, and any improvements on the land.
(3) Park.--The term ``park'' means Cumberland Gap National
Historical Park, as authorized and established by the Act of
June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Acquisition Authorized.--The Secretary may acquire for addition
to the park lands consisting of approximately 4,500 acres and
containing Fern Lake and its surrounding watershed, as generally
depicted on the map entitled ``Fern Lake Watershed Boundary Addition,
Cumberland Gap National Historical Park'', numbered 380/80,004, and
dated May 2001. The map shall be on file in the appropriate offices of
the National Park Service.
(c) Boundary Adjustment and Administration.--Subject to subsection
(d), the Secretary shall revise the boundaries of the park to include
the land acquired under subsection (b). The Secretary shall administer
the acquired lands as part of the park in accordance with the laws and
regulations applicable to the park.
(d) Conveyance of Fern Lake.--
(1) Conveyance required.--If the Secretary acquires Fern
Lake, the Secretary shall convey, notwithstanding any other law
and without consideration, to the city of Middlesboro,
Kentucky, all right, title, and interest of the United States
in and to Fern Lake, up to the normal operating elevation of
1200.4 feet above sea level, along with the dam and all
appurtenances associated with the withdrawal and delivery of
water from Fern Lake.
(2) Terms of conveyance.--In executing the conveyance under
paragraph (1), the Secretary may retain an easement for scenic
and recreational purposes.
(3) Reversionary interest.--In the event Fern Lake is no
longer used as a source of municipal water supply for the city
of Middlesboro, Kentucky, and its environs, ownership of Fern
Lake shall revert to the United States and it shall be managed
by the Secretary as part of the park.
(e) Consultation Requirements.--In order to better manage lands
acquired under this section in a manner that will facilitate the
provision of water for municipal needs, as well as the establishment
and promotion of new recreational opportunities at the park, the
Secretary shall consult with--
(1) appropriate officials in the States of Kentucky,
Tennessee, and Virginia and political subdivisions of these
States;
(2) organizations involved in promoting tourism in these
States; and
(3) other interested parties. | Fern Lake Conservation and Recreation Act - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to acquire for addition to the Cumberland Gap National Historical Park specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee.Requires the Secretary, upon making such acquisition, to convey the Lake, along with the dam and appurtenances associated with the withdrawal and delivery of water from the Lake, to the City of Middlesboro, Kentucky. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park, and for other purposes."} | 1,059 | 118 | 0.68327 | 2.068796 | 0.602788 | 4.928571 | 9.673469 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to All Fallen Vietnam War
Service Members Act of 2002''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam
Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to
construct a memorial ``in honor and recognition of the men and
women of the Armed Forces of the United States who served in
the Vietnam war''.
(2) The Memorial Fund determined that the most fitting
tribute to those who served in the Vietnam war would be to
permanently inscribe the names of the members of the Armed
Forces who died during the Vietnam war, or who remained missing
at the conclusion of the war, on a memorial wall.
(3) The Memorial Fund relied on the Department of Defense
to compile the list of individuals whose names would be
inscribed on the memorial wall and the criteria for inclusion
on such list.
(4) The Memorial Fund established procedures under which
mistakes and omissions in the inscription of names on the
memorial wall could be corrected.
(5) Under such procedures, the Department of Defense
established eligibility requirements that must be met before
the Memorial Fund will make arrangements for the name of a
veteran to be inscribed on the memorial wall.
(6) The Department of Defense determines the eligibility
requirements and has periodically modified such requirements.
(7) As of February 1981, in order for the name of a veteran
to be eligible for inscription on the memorial wall, the
veteran must have--
(A) died in Vietnam between November 1, 1955, and
December 31, 1960;
(B) died in a specified geographic combat zone on
or after January 1, 1961;
(C) died as a result of physical wounds sustained
in such combat zone; or
(D) died while participating in, or providing
direct support to, a combat mission immediately en
route to or returning from such combat zone.
(8) Public Law 106-214 (114 Stat. 335) authorizes the
American Battle Monuments Commission to provide for the
placement of a plaque within the Vietnam Veterans Memorial ``to
honor those Vietnam veterans who died after their service in
the Vietnam war, but as a direct result of that service, and
whose names are not otherwise eligible for placement on the
memorial wall''.
(9) The names of a number of veterans who died during the
Vietnam war are not eligible for inscription on the memorial
wall or the plaque.
(10) Examples of such names include the names of the 74
servicemembers who died aboard the USS Frank E. Evans (DD-174)
on June 3, 1969, while the ship was briefly outside the combat
zone participating in a training exercise.
SEC. 3. STUDY AND REPORT.
(a) Study.--The Secretary of Defense shall conduct a study that--
(1) identifies the veterans (as defined in section 101(2)
of title 38, United States Code) who died on or after November
1, 1955, as a direct or indirect result of military operations
in southeast Asia and whose names are not eligible for
inscription on the memorial wall of the Vietnam Veterans
Memorial;
(2) evaluates the feasibility and equitability of revising
the eligibility requirements applicable to the inscription of
names on the memorial wall to be more inclusive of such
veterans; and
(3) evaluates the feasibility and equitability of creating
an appropriate alternative means of recognition for such
veterans.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
based on the study conducted under subsection (a). Such report shall
include--
(1) the reasons (organized by category) that the names of
the veterans identified under subsection (a)(1) are not
eligible for inscription on the memorial wall under current
eligibility requirements, and the number of veterans affected
in each category;
(2) a list of the alternative eligibility requirements
considered under subsection (a)(2);
(3) a list of the alternative means of recognition
considered under subsection (a)(3); and
(4) the conclusions and recommendations of the Secretary of
Defense with regard to the feasibility and equitability of each
alternative considered.
(c) Consultations.--In conducting the study under subsection (a)
and preparing the report under subsection (b), the Secretary of Defense
shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Secretary of the Interior;
(3) the Vietnam Veterans Memorial Fund, Inc.;
(4) the American Battle Monuments Commission;
(5) the Vietnam Women's Memorial, Inc.; and
(6) the National Capital Planning Commission. | Fairness to All Fallen Vietnam War Service Members Act of 2002 - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them. | {"src": "billsum_train", "title": "A bill to require the Secretary of Defense to report to Congress regarding the requirements applicable to the inscription of veterans' names on the memorial wall of the Vietnam Veterans Memorial."} | 988 | 99 | 0.571231 | 1.44551 | 0.96879 | 3.494505 | 10.978022 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Supplemental Assistance
Act''.
SEC. 2. INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS.
(a) Federal-State Agreements.--Any State which desires to do so may
enter into and participate in an agreement under this section with the
Secretary of Labor (hereinafter in this section referred to as the
``Secretary''). Any State which is a party to an agreement under this
section may, upon providing 30 days' written notice to the Secretary,
terminate such agreement.
(b) Provisions of Agreement.--
(1) Additional compensation.--Any agreement under this
section shall provide that the State agency of the State will
make payments of regular compensation to individuals in amounts
and to the extent that they would be determined if the State
law of the State were applied, with respect to any week for
which the individual is (disregarding this section) otherwise
entitled under the State law to receive regular compensation,
as if such State law had been modified in a manner such that
the amount of regular compensation (including dependents'
allowances) payable for any week shall be equal to the amount
determined under the State law (before the application of this
paragraph) plus an additional $50.
(2) Allowable methods of payment.--Any additional
compensation provided for in accordance with paragraph (1)
shall be payable either--
(A) as an amount which is paid at the same time and
in the same manner as any regular compensation
otherwise payable for the week involved; or
(B) at the option of the State, by payments which
are made separately from, but on the same weekly basis
as, any regular compensation otherwise payable.
(c) Nonreduction Rule.--An agreement under this section shall not
apply (or shall cease to apply) with respect to a State upon a
determination by the Secretary that the method governing the
computation of regular compensation under the State law of that State
has been modified in a manner such that--
(1) the average weekly benefit amount of regular
compensation which will be payable during the period of the
agreement (determined disregarding any additional amounts
attributable to the modification described in subsection
(b)(1)) will be less than
(2) the average weekly benefit amount of regular
compensation which would otherwise have been payable during
such period under the State law, as in effect on December 31,
2008.
(d) Payments to States.--
(1) In general.--
(A) Full reimbursement.--There shall be paid to
each State which has entered into an agreement under
this section an amount equal to 100 percent of--
(i) the total amount of additional
compensation (as described in subsection
(b)(1)) paid to individuals by the State
pursuant to such agreement; and
(ii) any additional administrative expenses
incurred by the State by reason of such
agreement (as determined by the Secretary).
(B) Terms of payments.--Sums payable to any State
by reason of such State's having an agreement under
this section shall be payable, either in advance or by
way of reimbursement (as determined by the Secretary),
in such amounts as the Secretary estimates the State
will be entitled to receive under this section for each
calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or
less than the amounts which should have been paid to
the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be
agreed upon by the Secretary and the State agency of
the State involved.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) Appropriation.--There are appropriated from the general
fund of the Treasury, without fiscal year limitation, such sums
as may be necessary for purposes of this subsection.
(e) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
(A) beginning after the date on which such
agreement is entered into; and
(B) ending before January 1, 2010.
(2) Transition rule for individuals remaining entitled to
regular compensation as of january 1, 2010.--In the case of any
individual who, as of the date specified in paragraph (1)(B),
has not yet exhausted all rights to regular compensation under
the State law of a State with respect to a benefit year that
began before such date, additional compensation (as described
in subsection (b)(1)) shall continue to be payable to such
individual for any week beginning on or after such date for
which the individual is otherwise eligible for regular
compensation.
(3) Termination.--Notwithstanding any other provision of
this subsection, no additional compensation (as described in
subsection (b)(1)) shall be payable for any week beginning
after June 30, 2010.
(f) Fraud and Overpayments.--The provisions of section 4005 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat.
2356) shall apply with respect to additional compensation (as described
in subsection (b)(1)) to the same extent and in the same manner as in
the case of emergency unemployment compensation.
(g) Application to Other Unemployment Benefits.--
(1) In general.--Each agreement under this section shall
include provisions to provide that the purposes of the
preceding provisions of this section shall be applied with
respect to unemployment benefits described in subsection (h)(3)
to the same extent and in the same manner as if those benefits
were regular compensation.
(2) Eligibility and termination rules.--Additional
compensation (as described in subsection (b)(1))--
(A) shall not be payable, pursuant to this
subsection, with respect to any unemployment benefits
described in subsection (h)(3) for any week beginning
on or after the date specified in subsection (e)(1)(B),
except in the case of an individual who was eligible to
receive additional compensation (as so described) in
connection with any regular compensation or any
unemployment benefits described in subsection (h)(3)
for any period of unemployment ending before such date;
and
(B) shall in no event be payable for any week
beginning after the date specified in subsection
(e)(3).
(h) Definitions.--For purposes of this section--
(1) the terms ``compensation'', ``regulation
compensation'', ``benefit year'', ``State'', ``State agency'',
``State law'', and ``week'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note);
(2) the term ``emergency unemployment compensation'' means
emergency unemployment compensation under title IV of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122
Stat. 2353); and
(3) any reference to unemployment benefits described in
this paragraph shall be considered to refer to--
(A) extended compensation (as defined by section
205 of the Federal-State Extended Unemployment
Compensation Act of 1970); and
(B) unemployment compensation (as defined by
section 85(b) of the Internal Revenue Code of 1986)
provided under any program administered by a State
under an agreement with the Secretary. | Unemployment Supplemental Assistance Act - Provides for federal-state agreements for increased regular unemployment compensation payments to individuals.
Requires federal payments to states to cover 100% of such additional payments. | {"src": "billsum_train", "title": "To provide for certain temporary additional unemployment benefits."} | 1,585 | 41 | 0.490538 | 1.215565 | 0.712391 | 1.457143 | 43.485714 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Trading on Congressional
Knowledge Act''.
SEC. 2. NONPUBLIC INFORMATION RELATING TO CONGRESS.
(a) Securities Transactions.--Section 10 of the Securities Exchange
Act of 1934 is amended by adding at the end the following:
``(c) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling the securities
of any issuer while such person is in possession of material nonpublic
information, as defined by the Commission, relating to any pending or
prospective legislative action relating to such issuer if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(d) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling the securities of
any issuer while such person is in possession of material
nonpublic information derived from Federal employment and
relating to such issuer if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(b) Commodities Transactions.--Section 4c of the Commodities
Exchange Act (7 U.S.C. 6c) is amended by adding at the end the
following:
``(h) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling any commodity
for future delivery while such person is in possession of material
nonpublic information, as defined by the Commission, relating to any
pending or prospective legislative action relating to such commodity
if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(i) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling any commodity for
future delivery while such person is in possession of material
nonpublic information derived from Federal employment and
relating to such commodity if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
SEC. 3. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES
REGARDING SECURITIES TRADING BASED ON NONPUBLIC
INFORMATION.
Rule XXIII (known as the ``Code of Official Conduct'') of the Rules
of the House of Representatives is amended by redesignating clause 18
as clause 19 and by inserting after clause 17 the following new clause:
``18. A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall not--
``(a) disclose material nonpublic information
relating to any pending or prospective legislative
action relating to any publicly-traded company if that
Member, Delegate, Resident Commissioner, officer, or
employee has reason to believe that the information
will be used to buy or sell the securities of such
publicly-traded company based on such information; or
``(b) disclose material nonpublic information
relating to any pending or prospective legislative
action relating to any commodity if that Member,
Delegate, Resident Commissioner, officer, or employee
has reason to believe that the information will be used
to buy or sell such commodity for future delivery based
on such information.''.
SEC. 4. TIMELY REPORTING OF SECURITIES TRANSACTIONS.
(a) Amendment.--Section 103 of the Ethics in Government Act of 1978
is amended by adding at the end the following subsection:
``(l) Within 90 days after the purchase, sale, or exchange of any
stocks, bonds, commodities futures, or other forms of securities that
are otherwise required to be reported under this Act and the
transaction of which involves at least $1000 by any Member of Congress
or officer or employee of the legislative branch required to so file,
that Member, officer, or employee shall file a report of that
transaction with the Clerk of the House of Representatives in the case
of a Representative in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico, or with the Secretary of the
Senate in the case of a Senator.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to transactions occurring on or after the date that is 90 days
after the date of the enactment of this Act.
SEC. 5. REGISTRATION OF POLITICAL INTELLIGENCE FIRMS.
(a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
(1) in paragraph (2)--
(A) by inserting after ``lobbying activities'' both
places such term appears the following: ``or political
intelligence activities''; and
(B) by inserting after ``lobbyists'' the following:
``or political intelligence consultants''; and
(2) by adding at the end the following new paragraphs:
``(17) Political intelligence activities.--The term
`political intelligence activities' means political
intelligence contacts and efforts in support of such contacts,
including preparation and planning activities, research and
other background work that is intended, at the time it is
performed, for use in contacts, and coordination with the
political intelligence activities of others.
``(18) Political intelligence contact.--
``(A) Definition.--The term `political intelligence
contact' means any oral or written communication
(including an electronic communication) to or from a
covered executive branch official or a covered
legislative branch official, the information derived
from which is intended for use in analyzing securities
or commodities markets, that is made on behalf of a
client with regard to--
``(i) the formulation, modification, or
adoption of Federal legislation (including
legislative proposals);
``(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy,
or position of the United States Government; or
``(iii) the administration or execution of
a Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license).
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is made
by or to a representative of a media organization if
the purpose of the communication is gathering and
disseminating news and information to the public.
``(19) Political intelligence firm.--The term `political
intelligence firm' means a person or entity that has 1 or more
employees who are political intelligence consultants to a
client other than that person or entity.
``(20) Political intelligence consultant.--The term
`political intelligence consultant' means any individual who is
employed or retained by a client for financial or other
compensation for services that include one or more political
intelligence contacts.''.
(b) Registration Requirement.--Section 4 of that Act (2 U.S.C.
1603) is amended--
(1) in subsection (a)(1)--
(A) by inserting after ``whichever is earlier,''
the following: ``or a political intelligence consultant
first makes a political intelligence contact,''; and
(B) by inserting after ``such lobbyist'' both
places such term appears the following: ``or
consultant'';
(2) in subsection (a)(2), by inserting after ``lobbyists''
both places such term appears the following: ``or
consultants'';
(3) in subsection (a)(3)(A)--
(A) by inserting after ``lobbying activities'' each
place such term appears the following: ``and political
intelligence activities''; and
(B) in clause (i), by inserting after ``lobbying
firm'' the following: ``or political intelligence
firm'';
(4) in subsection (b)(3), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities'';
(5) in subsection (b)(4), by inserting after ``lobbying
activities'' the following: ``or political intelligence
activities'';
(6) in subsection (b)(4)(C), by inserting after ``lobbying
activity'' the following: ``or political intelligence
activity'';
(7) in subsection (b)(5), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities'';
(8) in subsection (b)(6), by inserting after ``lobbyist''
both places such term appears the following: ``or political
intelligence consultant'';
(9) in subsection (c)(1), by inserting after ``lobbying
contacts'' the following: ``or political intelligence
contacts'';
(10) in subsection (c)(2)--
(A) by inserting after ``lobbying contact'' the
following: ``or political intelligence contact''; and
(B) by inserting after ``lobbying contacts'' the
following: ``and political intelligence contacts''; and
(11) in subsection (d)(1), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities''.
(c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in subsection (a), by inserting after ``lobbying
activities'' the following: ``and political intelligence
activities'';
(2) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
inserting after ``lobbying activities'' the following:
``or political intelligence activities'';
(B) in subparagraph (A)--
(i) by inserting after ``lobbyist'' the
following: ``or political intelligence
consultant''; and
(ii) by inserting after ``lobbying
activities'' the following: ``or political
intelligence activities'';
(C) in subparagraph (B), by inserting after
``lobbyists'' the following: ``or political
intelligence consultants''; and
(D) in subparagraph (C), by inserting after
``lobbyists'' the following: ``or political
intelligence consultants'';
(3) in subsection (b)(3)--
(A) by inserting after ``lobbying firm'' the
following: ``or political intelligence firm''; and
(B) by inserting after ``lobbying activities'' both
places such term appears the following: ``or political
intelligence activities''; and
(4) in subsection (b)(4), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities''.
(d) Disclosure and Enforcement.--Section 6 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
(1) in paragraph (3)(A), by inserting after ``lobbying
firms'' the following: ``, political intelligence consultants,
political intelligence firms,'';
(2) in paragraph (7), by inserting after ``lobbying firm''
the following: ``, or political intelligence consultant or
political intelligence firm,''; and
(3) in paragraph (8), by inserting after ``lobbying firm''
the following: ``, or political intelligence consultant or
political intelligence firm,''.
(e) Rules of Construction.--Section 8 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607) is amended in subsection (b) by inserting
after ``lobbying contacts'' the following: ``, or political
intelligence activities or political intelligence contacts,''. | Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodities Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities or commodities for future delivery by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress; (2) by reason of being a Member or employee of Congress; and (3) other federal employees.
Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit designated House personnel from disclosing material nonpublic information relating to any pending or prospective legislative action relating to either securities of a publicly-traded company or a commodity if such personnel has reason to believe that the information will be used to buy or sell the securities or commodity based on such information.
Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate.
Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements political intelligence activities, contacts, firms, and consultants. | {"src": "billsum_train", "title": "To prohibit securities and commodities trading based on nonpublic information relating to Congress, and to require additional reporting by Members and employees of Congress of securities transaction, and for other purposes."} | 3,205 | 277 | 0.582804 | 1.69074 | 0.844321 | 3.297959 | 11.995918 | 0.922449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Credit Score Disclosure Act
of 2000''.
SEC. 2. DEFINITIONS.
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is
amended by adding at the end the following:
``(q) Definitions Relating to Credit Scores.--In this title--
``(1) when used in connection with an application for an
extension of credit for a consumer purpose that is to be
secured by a dwelling--
``(A) the term `credit score'--
``(i) means a numerical value or
categorization derived from a statistical tool
or modeling system used to predict the
likelihood of certain credit behaviors,
including default; and
``(ii) does not include--
``(I) any mortgage score or rating
of an automated underwriting system
that considers 1 or more factors in
addition to credit information,
including the loan-to-value ratio, the
amount of down payment, or the
financial assets of a consumer; or
``(II) other elements of the
underwriting process or underwriting
decision; and
``(B) the term `key factors' means all relevant
elements or reasons affecting the credit score for a
consumer, listed in the order of their importance,
based on their respective effects on the credit score;
and
``(2) the terms `creditor' and `dwelling' have the same
meanings as in section 103 of the Truth in Lending Act.''.
SEC. 3. DUTIES OF CONSUMER REPORTING AGENCIES TO DISCLOSE CREDIT
SCORES.
(a) In General.--Section 609(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended by adding at the end the following:
``(6) In connection with an application for an extension of
credit for a consumer purpose that is to be secured by a
dwelling--
``(A) the current, or most recent, credit score of
the consumer that was previously calculated by the
agency;
``(B) the range of possible credit scores under the
model used;
``(C) the key factors, if any, not to exceed 4,
that adversely affected the credit score of the
consumer in the model used;
``(D) the date on which the credit score was
created; and
``(E) the name of the person or entity that
provided the credit score or the credit file on the
basis of which the credit score was created.''.
(b) Limitations on Required Provision of Credit Score.--Section 609
of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding
at the end the following:
``(d) Limitations on Required Provision of Credit Score.--
``(1) In general.--Subsection (a)(6) may not be construed--
``(A) to compel a consumer reporting agency to
develop or disclose a credit score if the agency does
not, in the ordinary course of its business--
``(i) distribute scores that are used in
connection with extensions of credit secured by
residential real property; or
``(ii) develop credit scores that assist
creditors in understanding the general credit
behavior of the consumer and predicting future
credit behavior;
``(B) to require a consumer reporting agency that
distributes credit scores developed by another person
or entity to provide a further explanation of those
scores, or to process a dispute arising pursuant to
section 611(a), except that the consumer reporting
agency shall be required to provide to the consumer the
name and information for contacting the person or
entity that developed the score;
``(C) to require a consumer reporting agency to
maintain credit scores in its files; or
``(D) to compel disclosure of a credit score,
except upon specific request of the consumer, except
that if a consumer requests the credit file and not the
credit score, then the consumer shall be provided with
the credit file and a statement that the consumer may
request and obtain a credit score.
``(2) Provision of scoring model.--In complying with
subsection (a)(6) and this subsection, a consumer reporting
agency shall supply to the consumer--
``(A) a credit score that is derived from a credit
scoring model that is widely distributed to users of
credit scores by that consumer reporting agency in
connection with any extension of credit secured by a
dwelling; or
``(B) a credit score that assists the consumer in
understanding the credit scoring assessment of the
credit behavior of the consumer and predictions about
future credit behavior.''.
(c) Conforming Amendment.--Section 609(a)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by inserting before
the period ``, other than as provided in paragraph (6)''.
SEC. 4. DUTIES OF USERS OF CREDIT SCORES.
(a) In General.--Section 615 of the Fair Credit Reporting Act (15
U.S.C. 1681m) is amended by adding at the end the following:
``(e) Duties of Users of Credit Scores.--
``(1) Disclosures.--Any person that makes or arranges
extensions of credit for consumer purposes that are to be
secured by a dwelling and that uses credit scores for that
purpose, shall be required to provide to the consumer to whom
the credit score relates, as soon as is reasonably practicable
after such use--
``(A) a copy of the information described in
section 609(a)(6) that was obtained from a consumer
reporting agency or that was developed and used by that
user of the credit score information; or
``(B) if the user of the credit score information
obtained such information from a third party that
developed such information, (other than a consumer reporting agency or
the user itself) only--
``(i) a copy of the information described
in section 609(a)(6) provided to the user by
the person or entity that developed the credit
score; and
``(ii) a notice that generally describes
credit scores, their use, and the sources and
kinds of data used to generate credit scores.
``(2) Rule of construction.--This subsection may not be
construed to require the user of a credit score described in
paragraph (1)--
``(A) to explain to the consumer the information
provided pursuant to section 609(a)(6), unless that
information was developed by the user;
``(B) to disclose any information other than a
credit score or the key factors required to be
disclosed under section 609(a)(6)(C);
``(C) to disclose any credit score or related
information obtained by the user after a transaction
occurs; or
``(D) to provide more than 1 disclosure under this
subsection to any 1 consumer per credit transaction.
``(3) Limitation.--Except as otherwise provided in this
subsection, the obligation of a user of a credit score under
this subsection shall be limited solely to providing a copy of
the information that was received from the consumer reporting
agency or other person. A user of a credit score has no
liability under this subsection for the content of credit score
information received from a consumer reporting agency or for
the omission of any information within the report provided by
the consumer reporting agency.''.
(b) Conforming Amendment.--Section 615 of the Fair Credit Reporting
Act (15 U.S.C. 1681m) is amended in the section heading, by adding at
the end ``and credit scores''.
SEC. 5. CONTRACTUAL LIABILITY.
Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is
amended by adding at the end the following:
``(d) Use of Credit Scores.--Any provision of any contract that
prohibits the disclosure of a credit score by a consumer reporting
agency or a person who makes or arranges extensions of credit to the
consumer to whom the credit score relates is void. A user of a credit
score shall not have liability under any such contractual provision for
disclosure of a credit score.''.
SEC. 6. RELATION TO STATE LAWS.
Section 624(b)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681t(b)(1)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraphs:
``(G) section 609(a)(6), relating to the disclosure
of credit scores by consumer reporting agencies; or
``(H) section 615(e), relating to the duties of
users of credit scores to disclose credit score
information to consumers;''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
180 days after the date of enactment of this Act. | Declares void any contract provision that prohibits credit score disclosure by either a consumer reporting agency or a person who makes or arranges for the pertinent credit.
Shields a user of the credit score from liability for such a disclosure. | {"src": "billsum_train", "title": "Consumer Credit Score Disclosure Act of 2000"} | 2,010 | 54 | 0.497354 | 1.156512 | -0.022828 | 2.581395 | 42.488372 | 0.906977 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Citizenship
Promotion Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Immigration service fees.
Sec. 3. Administration of tests for naturalization.
Sec. 4. Voluntary electronic filing of applications.
Sec. 5. Timely background checks.
Sec. 6. National citizenship promotion program.
SEC. 2. IMMIGRATION SERVICE FEES.
(a) In General.--Subsection (m) of section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356(m)) is amended to read as follows:
``(m) Immigration Service Fees.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, all adjudication
fees as are designated by the Secretary of Homeland Security in
regulations shall be deposited as offsetting receipts into a
separate account entitled `Immigration Examinations Fee
Account' in the Treasury of the United States, whether
collected directly by the Secretary or through clerks of
courts.
``(2) Virgin islands and guam.--All fees received by the
Secretary of Homeland Security from applicants residing in the
Virgin Islands of the United States, or in Guam, under this
subsection shall be paid over to the treasury of the Virgin
Islands or to the treasury of Guam, respectively.
``(3) Fees for immigration services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Homeland Security may set fees for
providing immigration services at a level that will--
``(i) ensure recovery of the full costs of
providing such services, or a portion thereof,
including the costs of similar services
provided without charge to asylum applicants or
other immigrants; and
``(ii) recover the full cost of
administering the collection of fees under this
paragraph, or a portion thereof.
``(B) Report requirement.--The Secretary of
Homeland Security may not increase any fee under this
paragraph above the level of such fee on the day before
the date of the introduction of the Citizenship
Promotion Act of 2007, until--
``(i) the Secretary submits to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that--
``(I) identifies the direct and
indirect costs associated with
providing immigration services, and
distinguishes such costs from
immigration enforcement and national
security costs; and
``(II) contains information
regarding the amount the fee will be
increased; and
``(ii) a period of 45 days has expired
beginning on the date that the report in clause
(i) is received by the committees described in
such clause.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Homeland Security should set fees
under section 286(m)(3) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)(3)), as amended by subsection (a) of this
section, at a level that ensures recovery of only the direct
costs associated with the services described in such section
286(m)(3); and
(2) Congress should appropriate to the Secretary of
Homeland Security such funds as may be necessary to cover the
indirect costs associated with the services described in such
section 286(m)(3).
(c) Technical Amendment.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended--
(1) in subsections (d), (e), (f), (h), (i), (j), (k), (l),
(n), (o), (q), (t), and (u), by striking ``Attorney General''
each place it appears and inserting ``Secretary of Homeland
Security'';
(2) in subsection (i) of such section, by striking
``Attorney General's'' and inserting ``Secretary's''; and
(3) in subsection (r)--
(A) in paragraph (2), by striking ``Department of
Justice'' and inserting ``Department of Homeland
Security''; and
(B) in paragraphs (3) and (4), by striking
``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
(d) Authorization of Appropriations.--For each fiscal year, there
is authorized to be appropriated to the Secretary of Homeland Security
an amount equal to the difference between the fees collected under
section 286(m)(3) of the Immigration and Nationality Act (8 U.S.C.
1356(m)(3)), as amended by subsection (a) of this section, and the cost
of providing the services referred to in such section 286(m)(3).
SEC. 3. ADMINISTRATION OF TESTS FOR NATURALIZATION.
(a) In General.--Subsection (a) of section 312 of the Immigration
and Nationality Act (8 U.S.C. 1423) is amended to read as follows:
``(a) Naturalization Test.--
``(1) Requirements.--Except as otherwise provided in this
title, a person may not be naturalized as a citizen of the
United States upon the application of such person if such
person cannot demonstrate the following:
``(A) A proficiency in the English language.
``(B) A knowledge and understanding of--
``(i) the fundamentals of the history of
the United States; and
``(ii) the principles and form of
government of the United States.
``(2) Testing.--
``(A) In general.--The Secretary of Homeland
Security, in administering any test that the Secretary
uses to determine whether an applicant for
naturalization as a citizen of the United States has
the proficiency and knowledge sufficient to meet the
requirements of paragraph (1), shall administer such
test uniformly throughout the United States.
``(B) Consideration.--In selecting and phrasing
items in the administration of a test described in
subparagraph (A) and in evaluating the performance of
an applicant on such test, the Secretary shall consider
the following:
``(i) The age of the applicant.
``(ii) The education level of the
applicant.
``(iii) The amount of time the applicant
has resided in the United States.
``(iv) The efforts made by the applicant,
and the opportunities available to the
applicant, to acquire the knowledge and
proficiencies required by paragraph (1).
``(v) Such other factors as the Secretary
considers appropriate.
``(C) English language testing.--The requirement in
paragraph (1)(A) shall be satisfactorily met if an
applicant can--
``(i) speak words in ordinary usage in the
English language; and
``(ii) read or write simple words and
phrases in ordinary usage in the English
language.
``(D) Prohibition on extraordinary and unreasonable
conditions.--The Secretary may not impose any
extraordinary or unreasonable condition on any
applicant seeking to meet the requirements of paragraph
(1).''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)'';
(2) in paragraph (2), by striking ``subsection (a)(1)'' and
inserting ``subsection (a)(1)(A)''; and
(3) in paragraph (3)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (a)(1)(B)'';
(B) by striking ``The Attorney General'' and
inserting ``The Secretary of Homeland Security''; and
(C) by striking ``determined by the Attorney
General'' and inserting ``determined by the
Secretary''.
SEC. 4. VOLUNTARY ELECTRONIC FILING OF APPLICATIONS.
The Secretary of Homeland Security may not require that an
applicant or petitioner for permanent residence or citizenship of the
United States use an electronic method to file any application to, or
access a customer account.
SEC. 5. TIMELY BACKGROUND CHECKS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the process used by the
Department of Justice on the day before the date of the
enactment of this Act to conduct a background check on an
applicant for citizenship of the United States.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the Comptroller
General of the United States shall report to Congress on the
findings of the study required by paragraph (1).
(3) Contents of report.--The report required by paragraph
(2) shall include the following information with respect to the
calendar year preceding the date on which the report is filed:
(A) The number of background checks conducted by
the Department of Justice on applicants for citizenship
of the United States.
(B) The types of such background checks conducted.
(C) The average time spent on each such type of
background check.
(D) A description of the obstacles that impede the
timely completion of such background checks.
(b) Timely Completion of Background Checks.--
(1) In general.--With respect to a request submitted to the
Attorney General by the Secretary of Homeland Security for a
background check on an applicant for temporary or permanent
residence or citizenship of the United States, the Attorney
General shall make a reasonable effort to complete a background
check on such applicant not later than 90 days after the
Attorney General receives such request from the Secretary of
Homeland Security.
(2) Delays on background checks.--If a background check
described in paragraph (1) is not completed by the Attorney
General before the date that is 91 days after the date that the
Attorney General receives a request described in paragraph
(1)--
(A) the Attorney General shall document the reason
why such background check was not completed before such
date; and
(B) if such background check is not completed
before the date that is 181 days after the date of such
receipt, then the Attorney General shall, not later
than 210 days after the date of such receipt, submit to
the appropriate congressional committees and the
Secretary of Homeland Security a report that
describes--
(i) the reason that such background check
was not completed within 180 days; and
(ii) the earliest date on which the
Attorney General is certain the background
check will be completed.
(3) Annual report on delayed background checks.--Not later
than the end of each fiscal year, the Attorney General shall
submit to the appropriate congressional committees a report
containing, with respect to that fiscal year--
(A) the number of background checks described in
subparagraph (B) or (C) of paragraph (2);
(B) the time taken to complete each such background
check;
(C) a statistical analysis of the causes of the
delays in completing such background checks; and
(D) a description of the efforts being made by the
Attorney General to address each such cause.
(4) Notification to applicant.--If, with respect to a
background check on an applicant described in paragraph (1),
the Secretary of Homeland Security receives a report under
paragraph (2)(C), then the Secretary shall provide to such
applicant a copy of such report, redacted to remove any
classified information contained therein.
(5) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on the Judiciary of the Senate.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(C) The Committee on the Judiciary of the House of
Representatives.
(D) The Committee on Homeland Security of the House
of Representatives.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Attorney General such funds as may be
necessary to carry out the provisions of this subsection.
SEC. 6. NATIONAL CITIZENSHIP PROMOTION PROGRAM.
(a) Establishment.--
(1) In general.--Not later than January 1, 2008, the
Secretary of Homeland Security shall establish a program to
assist aliens who have been lawfully admitted for permanent
residence in becoming citizens of the United States.
(2) Designation.--The program required by paragraph (1)
shall be known as the ``New Americans Initiative'' (in this
section referred to as the ``Program'').
(b) Program Activities.--As part of the Program required by
subsection (a), the Secretary of Homeland Security shall--
(1) award grants in accordance with subsection (c); and
(2) carry out outreach activities in accordance with
subsection (d).
(c) Grants.--
(1) In general.--The Secretary of Homeland Security shall
award grants to eligible entities to assist aliens who have
been lawfully admitted for permanent residence in becoming
citizens of the United States.
(2) Eligible entity defined.--In this subsection, the term
``eligible entity'' means a not-for-profit organization that
has experience working with immigrant communities.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities to assist aliens who have been
lawfully admitted for permanent residence in becoming citizens
of the United States, including--
(A) conducting English language and citizenship
classes for such aliens;
(B) providing legal assistance, by attorneys or
entities accredited by the Board of Immigration
Appeals, to such aliens to assist such aliens in
becoming citizens of the United States;
(C) carrying out outreach activities and providing
education to immigrant communities to assist such
aliens in becoming citizens of the United States; and
(D) assisting such aliens with applications to
become citizens of the United States, as allowed by
Federal and State law.
(4) Application for grant.--
(A) In general.--Each eligible entity seeking a
grant under this subsection shall submit an application
to the Secretary of Homeland Security at such time, in
such manner, and accompanied by such information as the
Secretary shall require.
(B) Contents.--Each application submitted pursuant
to subparagraph (A) shall include a description of--
(i) the activities for which a grant under
this section is sought;
(ii) the manner in which the entity plans
to leverage available private and State and
local government resources to assist aliens who
have been lawfully admitted for permanent
residence in becoming citizens of the United
States;
(iii) the experience of the entity in
carrying out the activities for which a grant
under this section is sought, including the
number of aliens and geographic regions served
by such entity; and
(iv) the manner in which the entity plans
to employ best practices developed by adult
educators, State and local governments, and
community organizations--
(I) to promote citizenship and
civic participation by such aliens; and
(II) to provide assistance to such
aliens with the process of becoming
citizens of the United States.
(d) Outreach.--The Secretary of Homeland Security shall--
(1) develop outreach materials targeted to aliens who have
been lawfully admitted for permanent residence to encourage
such aliens to apply to become citizens of the United States;
and
(2) make such outreach materials available through--
(A) public service announcements;
(B) advertisements; and
(C) such other media as the Secretary determines is
appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security, $80,000,000 to
carry out this section. | Citizenship Promotion Act of 2007 - Amends the Immigration and Nationality Act to revise provisions respecting: (1) immigration service fees; and (2) naturalization testing.
Prohibits an applicant or petitioner for U.S. permanent residence or citizenship from being required to use an electronic method to file any application to, or access a customer account.
Requires: (1) a Government Accountability Office (GAO) study and report on naturalization background checks; and (2) the Attorney General to make reasonable efforts to complete background checks of applicants for temporary or permanent residence or citizenship within 90 days.
Directs the Secretary of Homeland Security to establish a national citizenship promotion program to assist lawful permanent resident aliens become citizens. | {"src": "billsum_train", "title": "A bill to assist aliens who have been lawfully admitted in becoming citizens of the United States, and for other purposes."} | 3,481 | 153 | 0.473 | 1.301219 | 0.685225 | 3.140741 | 24.125926 | 0.903704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Cats and Canids Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide financial resources and to
foster international cooperation--
(1) to restore and perpetuate healthy populations of rare
felids and rare canids in the wild; and
(2) to assist in the conservation of rare felid and rare
canid populations worldwide.
SEC. 3. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices.
(2) Conservation.--The term ``conservation''--
(A) means the methods and procedures necessary to
bring a population, subspecies, species, or taxon of
rare felid or rare canid to the point at which there
are sufficient populations in the wild to ensure its
long-term viability; and
(B) includes all activities associated with
protection and management of a population, subspecies,
species, or taxon of rare felid or rare canid,
including--
(i) maintenance, management, protection,
and restoration of rare felid or rare canid
habitat;
(ii) research and monitoring;
(iii) law enforcement;
(iv) community outreach and education;
(v) conflict resolution initiatives; and
(vi) strengthening the capacity of local
communities, governmental agencies,
nongovernmental organizations and other
institutions to implement conservation
programs.
(3) Fund.--The term ``Fund'' means the Rare Cats and Canids
Conservation Fund established by section 5.
(4) IUCN red list.--The term ``IUCN Red List'' means the
Red List of Threatened Species Maintained by the World
Conservation Union.
(5) Rare canid.--
(A) In general.--Except as provided in subparagraph
(B), the term ``rare canid'' means any population,
subspecies, species, or taxon in the family Canidae
that is listed in the IUCN Red List as near threatened,
vulnerable, endangered, or critically endangered.
(B) Exclusions.--The term ``rare canid'' does not
include any subspecies or population that is native to
the area comprised of the United States and Canada.
(6) Rare felid.--
(A) In general.--Except as provided in subparagraph
(B), the term ``rare felid'' means any population,
subspecies, species, or taxon in the family Felidae
that is listed in the IUCN Red List as near threatened,
vulnerable, endangered, or critically endangered.
(B) Exclusions.--The term ``rare felid'' does not
include--
(i) any subspecies or population that is
native to the area comprised of the United
States and Canada; and
(ii) any tiger (Panthera tigris).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FINANCIAL ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects for the conservation of rare felid and rare canids for which
project proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of rare felid and canids may be submitted to the
Secretary by--
(A) any wildlife management authority of a country
that has within its boundaries any part of the range of
a rare felid or rare canid, respectively; and
(B) any person or group with the demonstrated
expertise required for the conservation in the wild of
rare felids or rare canids, respectively.
(2) Project proposals.--To be considered for financial
assistance for a project under this Act, an applicant shall
submit a project proposal that includes--
(A) a concise statement of the purposes of the
project;
(B) the name of the individual responsible for
conducting the project;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) a concise description of--
(i) methods for project implementation and
outcome assessment;
(ii) staffing for the project;
(iii) the logistics of the project; and
(iv) community involvement in the project;
(E) an estimate of funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to the
appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine if the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other appropriate Federal officials, shall--
(A) ensure the proposal contains assurances that
the project will be implemented in consultation with
relevant wildlife management authorities and other
appropriate government officials with jurisdiction over
the resources addressed by the project;
(B) approve or disapprove the proposal; and
(C) provide written notification of the approval or
disapproval to the person who submitted the proposal,
other appropriate Federal officials, and each country
within whose borders the project will take place.
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will contribute to
conservation of rare felids or rare canids in the wild by assisting
efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and rare felids or
rare canids, respectively, that arise from competition for the
same habitat or resources;
(3) enhance compliance with CITES, the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws
that prohibit or regulate the taking or trade of rare felids
and rare canids or regulate the use and management of rare
felid and rare canid habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition and health of rare felid or rare
canid habitat;
(B) rare felid or rare canid population numbers and
trends; and
(C) the ecological characteristics and requirements
of populations of rare felids or rare canids for which
there are little or no data;
(5) promote cooperative projects among government entities,
affected local communities, nongovernmental organizations, and
other persons in the private sector; or
(6) funds will not be appropriated for the purchase or
lease of lands to be used as suitable habitat for felids or
canids.
(e) Project Sustainability.--In approving project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conservation
of rare felids and rare canids and their habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which there exists some measure of matching funds.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary considers
necessary) that include all information that the Secretary,
after consultation with other appropriate government officials,
determines is necessary to evaluate the progress and success of
the project for the purposes of ensuring positive results,
assessing problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
(h) Limitations on Use for Captive Breeding or Display.--Amounts
provided as a grant under this Act may not be used for captive breeding
unless as part of an accredited reintroduction or restoration program.
(i) Advisory Group.--
(1) In general.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of
individuals representing public and private organizations
actively involved in the conservation of felids and canids.
(2) Public participation.--
(A) Meetings.--The advisory group shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting, an
opportunity for interested persons to present
oral or written statements concerning items on
the agenda.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group, including the meeting agenda.
(C) Minutes.--Minutes of each meeting of the
advisory group shall be kept by the Secretary and shall
be made available to the public.
(3) Exemption from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
SEC. 5. RARE CATS AND CANIDS CONSERVATION FUND.
(a) Establishment.--There is established, in the Multinational
Species Conservation Fund established in title I of the Department of
the Interior and Related Agencies Appropriations Act, 1999 under the
heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account
to be known as the ``Rare Cats and Canids Conservation Fund'',
consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into such account under subsection (c); and
(2) amounts appropriated to such account under section 6.
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), upon request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to
provide assistance under section 4.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than three percent, or up to $100,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.
(c) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4, and may make
public on the Internet Web site and in publications of the Department
of the Interior that the Secretary is authorized to accept and use such
donations. Amounts received by the Secretary in the form of such
donations shall be transferred to the Secretary of the Treasury for
deposit into the Fund.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund, $5,000,000 for
each of fiscal years 2015 through 2019 to carry out this Act. | Rare Cats and Canids Act of 2014 This bill establishes a Rare Cats and Canids Conservation Fund as a separate account within the Multinational Species Conservation Fund. The Department of the Interior must use amounts in the fund to provide assistance for the conservation of rare felids and rare canids. Grant amounts may not be used for captive breeding unless it is a part of an accredited reintroduction or restoration program. Rare felids or rare canids are any population in the family Felidae (cats) or Canidae (dogs), respectively, that are listed in the Red List of Threatened Species Maintained by the World Conservation Union as near-threatened, vulnerable, endangered, or critically endangered, excluding any population native to the United States or Canada. Tigers are not considered to be rare felids. Interior may convene an advisory group of individuals representing organizations actively involved in the conservation of felids and canids. | {"src": "billsum_train", "title": "Rare Cats and Canids Act of 2014"} | 2,578 | 227 | 0.673327 | 1.671731 | 0.612745 | 4.317365 | 13.802395 | 0.952096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Dream Downpayment Act''.
SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM.
(a) Downpayment Assistance Initiative.--Subtitle E of title II of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821)
is amended to read as follows:
``Subtitle E--Other Assistance
``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE.
``(a) Grant Authority.--The Secretary may make grants to
participating jurisdictions to assist low-income families to achieve
homeownership, in accordance with this section.
``(b) Eligible Activities.--
``(1) In general.--Amounts made available under this
section may be used only for downpayment assistance toward the
purchase of single family housing by eligible families. For
purposes of this title, the term `downpayment assistance' means
assistance to help a family acquire a principal residence.
``(2) Eligible families.--For purposes of this section, the
term `eligible family' means a family who--
``(A) is a low-income family and a first-time
homebuyer; or
``(B) notwithstanding the income limitation under
section 215(b)(2)--
``(i) includes a uniformed employee (which
shall include policemen, firemen, and
sanitation and other maintenance workers) or a
teacher who is an employee, of the
participating jurisdiction (or an agency or
school district serving such jurisdiction) that
is providing the downpayment assistance under
this section for the family; and
``(ii) has an income, at the time referred
to in subparagraph (A), (B), or (C) of section
215(b)(2), as appropriate, and as determined by
the Secretary with adjustments for smaller and
larger families, that does not exceed 115
percent of the median income of the area,
except that, with respect only to such areas
that the Secretary determines have high housing
costs, taking into consideration median house
prices and median family incomes for the area,
such income limitation shall be 150 percent of
the median income of the area, as determined by
the Secretary with adjustments for smaller and
larger families.
``(c) Housing Strategy.--To be eligible to receive a grant under
this section for a fiscal year, a participating jurisdiction shall
include in its comprehensive housing affordability strategy under
section 105 for such year--
``(1) a description of the use of the grant amounts;
``(2) a plan for conducting targeted outreach to residents
and tenants of public housing, trailer parks, and manufactured
housing, and to other families assisted by public housing
agencies, for the purpose of ensuring that grant amounts
provided under this section to a participating jurisdiction are
used for downpayment assistance for such residents, tenants,
and families; and
``(3) a description of the actions to be taken to ensure
the suitability of families provided downpayment assistance
under this section to undertake and maintain homeownership.
``(d) Formula Allocation.--For each fiscal year, the Secretary
shall allocate any amounts made available for assistance under this
section for the fiscal year in accordance with a formula, which shall
be established by the Secretary, that considers a participating
jurisdiction's need for and prior commitment to assistance to
homebuyers. The formula may include minimum allocation amounts. In
considering a participating jurisdiction's prior year's commitment to
assistance to homebuyers, the formula shall consider amounts committed
to such purpose under the HOME investment partnerships program, the
community development block grant program, mortgage revenue bonds, and
prior year's funding from State and local governments, provided that
the data underlying such funding is uniform, verifiable, and accurate
by the State and local government, and shall consider other factors
that the Secretary determines to be appropriate.
``(e) Reallocation.--If any amounts allocated to a participating
jurisdiction under this section become available for reallocation, the
amounts shall be reallocated to other participating jurisdictions in
accordance with the formula established pursuant to subsection (d),
except that if a local participating jurisdiction failed to receive
amounts allocated under this section and is located in a State that is
a participating jurisdiction, the funds shall be reallocated to the
State.
``(f) Applicability of Other Provisions.--
``(1) In general.--Except as otherwise provided in this
section, grants under this section shall not be subject to the
provisions of this title.
``(2) Applicable provisions.--In addition to the
requirements of this section, grants under this section shall
be subject to the provisions of title I, sections 215(b)
(except as provided in subsection (b)(2)(B) of this section),
218, 219, 221, 223, 224, and 226(a) of subtitle A of this
title, and subtitle F of this title.
``(3) References.--In applying the requirements of subtitle
A referred to in paragraph (2)--
``(A) any references to funds under subtitle A
shall be considered to refer to amounts made available
for assistance under this section; and
``(B) any references to funds allocated or
reallocated under section 217 or 217(d) shall be
considered to refer to amounts allocated or reallocated
under subsection (d) or (e) of this section,
respectively.
``(g) Administrative Costs.--Notwithstanding section 212(c), a
participating jurisdiction may use funds under subtitle A for
administrative and planning costs of the jurisdiction in carrying out
this section, and the limitation in section 212(c) shall be based on
the total amount of funds available under subtitle A and this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2004 and 2005.''.
(b) Relocation Assistance and Downpayment Assistance.--Subtitle F
of title II of the Cranston-Gonzalez National Affordable Housing Act is
amended by inserting after section 290 (42 U.S.C. 12840) the following
new section:
``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE.
``The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 shall not apply to downpayment assistance under
this title.''.
Passed the House of Representatives October 1, 2003.
Attest:
Clerk. | American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize the Secretary of Housing and Urban Development to make grants to participating jurisdictions for single family residential downpayment assistance to: (1) low-income or first-time home buyers; or (2) income-qualifying uniformed employees (police, fire, sanitation and maintenance) or teachers of a participating jurisdiction.
Requires a participating jurisdiction to include in its comprehensive housing affordability strategy information regarding: (1) grant use; (2) outreach activities; and (3) activities to ensure the suitability of recipient families to maintain homeownership.
Sets forth allocation criteria. Permits fund reallocation.
Authorizes specified FY 2004 and 2005 appropriations.
Makes the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 inapplicable to such assistance. | {"src": "billsum_train", "title": "To provide downpayment assistance under the HOME Investment Partnerships Act, and for other purposes."} | 1,440 | 180 | 0.573476 | 1.603087 | 0.849414 | 2.649682 | 8.216561 | 0.828025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Patient's Voice Act of
2017''.
SEC. 2. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
(a) In General.--The Employee Retirement Income Security Act of
1974 is amended by inserting after section 715 of such Act (29 U.S.C.
1185d) the following new section:
``SEC. 716. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides coverage of a prescription drug pursuant to a medication step
therapy protocol, the plan or coverage shall--
``(1) implement a clear process for a participant or
beneficiary (or the prescribing health care provider) to
request an exception to such medication step therapy protocol;
and
``(2) if such a request demonstrates through supporting
documentation that any of the circumstances listed in
subsection (b) exists, authorize coverage for the prescription
drug without regard to such medication step therapy protocol.
``(b) Expedited Approval.--The circumstances warranting an
exception to a medication step therapy protocol, pursuant to a request
under subsection (a), are any of the following:
``(1) The treatment otherwise required under the protocol,
or a drug or drugs in the same pharmacological class, are
contraindicated or have been ineffective in the treatment of
the disease or condition of the participant or beneficiary.
``(2) The treatment otherwise required under the protocol
is reasonably expected to be ineffective based upon--
``(A) the known physical or mental characteristics
of the participant or beneficiary, including medical
history; and
``(B) the known characteristics of such treatment.
``(3) The treatment otherwise required under the protocol
will cause or is likely to cause an adverse reaction or other
physical harm to the participant or beneficiary.
``(4) The treatment otherwise required under the protocol
is not in the best interest of the participant or beneficiary,
based on medical necessity, because the participant or
beneficiary's use of such treatment is expected to decrease the
participant or beneficiary's ability--
``(A) to achieve or maintain reasonable and safe
functional ability in performing daily activities or
occupational responsibilities; or
``(B) to adhere to the treatment plan as defined by
the prescribing health care provider.
``(5) The participant or beneficiary is stable for his or
her disease or condition on the prescription drugs selected by
the prescribing health care provider.
``(c) Clear Process.--The process required by subsection (a)(1)
shall make information regarding such process readily available on the
website of the group health plan, including--
``(1) the requirements for requesting an exception to a
medication step therapy protocol pursuant to this section; and
``(2) any necessary forms and contact information.
``(d) Timing for Granting Exception.--The process required by
subsection (a)(1) shall provide for the disposition of requests
received under such paragraph in accordance with the following:
``(1) Such a request shall be granted as quickly as the
disease or condition of the participant or beneficiary
requires, but no later than 3 days after the day of receipt of
the request.
``(2) For circumstances in which the applicable medication
step therapy protocol may seriously jeopardize the life,
health, or ability to regain maximum function of the
participant or beneficiary, such a request shall be granted--
``(A) on an expedited basis; and
``(B) no later than 24 hours after receipt of such
request.
``(e) Medication Step Therapy Protocol.--In this section, the term
`step therapy protocol' means a protocol or program that establishes a
specific sequence in which prescription drugs that--
``(1) are for a specified disease or condition, and
``(2) are medically necessary for a particular patient,
are covered under a pharmacy or medical benefit by a group health plan
or a health insurance issuer offering group or individual health
insurance coverage.''.
(b) Technical Correction; Clerical Change.--The table of contents
in section 1 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item relating to
section 714 the following new items:
Sec. 715. Additional market reforms.
Sec. 716. Required exceptions process for medication step therapy
protocols.
(c) Effective Date.--The amendment made by subsection (a) applies
to plan years beginning no sooner than 6 months after the date of
enactment of this Act. | Restoring the Patient's Voice Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. To warrant an exception to the protocol, at least one of the following circumstances must be met: (1) the treatment is contraindicated, (2) the treatment is expected to be ineffective, (3) the treatment will cause or is likely to cause an adverse reaction to the individual, (4) the treatment is expected to decrease the individual's ability either to perform daily activities or occupational responsibilities or adhere to the treatment plan, or (5) the individual is stable based on the prescription drugs already selected. The bill requires a group health plan to implement a clear process for an individual to request an exception to the protocol. The process shall be readily available on the website of the group health plan and must list the requirements for a request and any necessary forms and contact information. Requests shall be granted no later than three days after receipt of the request. In certain cases where the life, health, and ability of the individual are jeopardized by the protocol, the request shall be granted no later than 24 hours after receipt of the request. | {"src": "billsum_train", "title": "Restoring the Patient\u2019s Voice Act of 2017"} | 1,050 | 379 | 0.614412 | 2.10988 | 0.840287 | 3.392308 | 3.757692 | 0.853846 |
SECTION 1. FINDINGS.
Congress finds that--
(1) in section 1103(a)(2) of the Water Resources
Development Act of 1986 (100 Stat. 4225), Congress recognized
the Upper Mississippi River System as ``a nationally
significant ecosystem and a nationally significant commercial
navigation system'' and declared that the system ``shall be
administered and regulated in recognition of its several
purposes'';
(2) inaction on construction of new locks will lead to
economic decline, and inaction on implementation of an enhanced
ecosystem restoration program will lead to further
environmental decline;
(3) the Upper Mississippi River and Illinois Waterway carry
approximately 60 percent of the corn exports of the United
States and 45 percent of the soybean exports of the United
States, providing a significant positive balance of trade
benefit for the Nation;
(4) the movement of more than 100,000,000 tons of product
supports 400,000 full- and part-time jobs in the United States,
generating over $4,000,000,000 in income and $12,000,000,000 to
$15,000,000,000 in economic activity;
(5) Midwestern utilities use coal, the second largest
category of cargo shipped on the Upper Mississippi River
System, to produce cost-efficient energy;
(6) keeping the cost of transportation lower through
competition between transportation modes is the United States
farmer's competitive advantage in capturing future global
growth in agricultural exports;
(7) United States farm and trade policies work to open
world markets and promote United States exports, and water
resource policy has provided a low-cost transportation
alternative to other modes;
(8) the Department of Agriculture projects that corn
exports will grow 44 percent over the next decade, with a \1/3\
increase in growth exported through the Gulf of Mexico;
(9) United States exports of soybeans and soybean products
topped 1,000,000,000 bushels for the third straight year in
2003, with roughly 75 percent exported through the Port of New
Orleans via the Mississippi waterways and its tributaries;
(10) those transportation savings--
(A) provide higher income to farmers and rural
communities; and
(B) generate Federal and State taxes to support
community activities, quality of life, and national
benefits;
(11) the construction of new 1,200-foot locks and lock
extensions will provide more than 48,000,000 man-hours of
employment over 10 to 15 years;
(12) foreign competitors have worked over the last 10 years
to improve foreign transportation infrastructure to compete
more effectively with United States production;
(13) the inland waterway transportation system moves 16
percent of the freight in the United States for 2 percent of
the cost, including more than 100,000,000 tons on the Upper
Mississippi River System;
(14) the Department of Transportation projects that freight
congestion on the roads and rails in the United States will
double in the next 25 years and that water transportation will
need to play an increasing role in moving freight;
(15) the movement of 100,000,000 tons on the river system
in 4,400 15-barge tows out of harms way would require an
equivalent of 4,000,000 trucks or 1,000,000 rail cars moving
directly through our communities;
(16) econometric models are useful analytic tools to
provide valuable information, but are unable to account for
every market trend, development, and public policy impact;
(17) the current capacity of the Upper Mississippi River
System is--
(A) declining by 10 percent annually because of
unplanned closures of a 70-year old infrastructure; and
(B) reducing the potential for sustained growth;
(18) the current 600-foot lock system was designed for
steamboats, at a time when 4,000,000 tons moved on the
Mississippi River and a total of 2,000,000,000 bushels of corn
were produced nationally, compared to today, when 100,000,000
to 120,000,000 tons are shipped and the national production of
corn exceeds 10,000,000,000 bushels;
(19) the 600-foot locks at Locks and Dam Nos. 20, 21, 22,
24, and 25 on the Upper Mississippi River and LaGrange and
Peoria on the Illinois Waterway are operating at 80 percent
utilization and are unable to provide for or process
effectively the volatile growth of traditional export grain
markets;
(20) based on the current construction schedule of new
locks and dams on the inland system, lock modernization will
need to take place over 30 years, starting immediately, as an
imperative to avoid lost export grain sales and diminished
national competitiveness;
(21) the Corps of Engineers has been studying the needs for
national investments on the Upper Mississippi River System for
the last 15 years and has based initial recommendations on the
best available information and science;
(22) the Upper Mississippi and Illinois Rivers ecosystem
consists of hundreds of thousands of acres of bottomland
forests, islands, backwaters, side channels, and wetlands;
(23) the river ecosystem is home to 270 species of birds,
57 species of mammals, 45 species of amphibians and reptiles,
113 species of fish, and nearly 50 species of mussels;
(24) more than 40 percent of migratory waterfowl and
shorebirds in North America depend on the river for food,
shelter, and habitat during migration;
(25) the annual operation of the Upper Mississippi River
Basin needs to take into consideration opportunities for
ecosystem restoration;
(26) development since the 1930s has altered and reduced
the biological diversity of the large flood plain river systems
of the Upper Mississippi and Illinois Rivers;
(27) Congress recognizes the need for significant Federal
investment in the restoration of the Upper Mississippi and
Illinois River ecosystems;
(28) the Upper Mississippi River System provides important
economic benefits from recreational and tourist uses, resulting
in the basin's receiving more visitors annually than most
National Parks, with the ecosystems and wildlife being the main
attractions;
(29) the Upper Mississippi River System--
(A) includes 284,688 acres of National Wildlife
Refuge land that is managed as habitat for migratory
birds, fish, threatened and endangered species, and a
diverse assortment of other species and related
habitats; and
(B) provides many recreational opportunities; and
(30) the Upper Mississippi River System also includes over
975,000 acres of land protected by levees and needs a balanced
ecosystem restoration program that adequately considers the
existing network of flood control infrastructure that protects
thousands of homes and businesses.
SEC. 2. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM
RESTORATION PLAN FOR THE UPPER MISSISSIPPI RIVER AND
ILLINOIS WATERWAY SYSTEM.
(a) Definitions.--In this section, the following definitions apply:
(1) Plan.--The term ``Plan'' means the preferred integrated
plan contained in the document entitled ``Integrated
Feasibility Report and Programmatic Environmental Impact
Statement for the UMR-IWW System Navigation Feasibility
System'' and dated April 29, 2004.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to
Upper St. Anthony Falls Lock in Minneapolis-St. Paul,
Minnesota, River Mile 854.0; and
(B) the Illinois Waterway from its confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
(b) Authorization of Construction of Navigation Improvements.--
(1) Small scale and nonstructural measures.--At a cost of
$24,000,000 in funds from the general fund of the Treasury, to
be matched in an equal amount from the Inland Waterways Trust
Fund (which is paid by private users), the Secretary shall--
(A) construct mooring facilities at Locks 12, 14,
18, 20, 22, 24, and LaGrange Lock;
(B) provide switchboats at Locks 20 through 25 over
5 years for project operation; and
(C) conduct development and testing of an
appointment scheduling system.
(2) New locks.--At a cost of $730,000,000 in funds from the
general fund of the Treasury, with an equal matching amount
provided from the Inland Waterways Trust Fund (which is paid by
the private users), the Secretary shall construct new 1,200-
foot locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock on the
Illinois Waterway.
(3) Mitigation.--At a cost of $100,000,000 in funds from
the general fund of the Treasury, with an equal matching amount
provided from the Inland Waterway Trust Fund (which is paid by
private users), the Secretary shall conduct mitigation for new
locks and small scale and nonstructural measures authorized
under paragraphs (1) and (2).
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall modify, consistent with
requirements to avoid any adverse effects on navigation, the
operation of the Upper Mississippi River and Illinois Waterway
System to address the cumulative environmental impacts of
operation of the system and improve the ecological integrity of
the Upper Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall carry out,
consistent with requirements to avoid any adverse
effects on navigation, ecosystem restoration projects
to attain and maintain the sustainability of the
ecosystem of the Upper Mississippi River and Illinois
River in accordance with the general framework outlined
in the Plan.
(B) Projects included.--Ecosystem restoration
projects may include--
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
(iv) water level management (including
water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration and
modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for
environmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway modification to benefit the
environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) Cost sharing.--
(i) In general.--Except as provided in
clause (ii), the Federal share of the cost of
carrying out an ecosystem restoration project
under this paragraph shall be 65 percent.
(ii) Exception for certain restoration
projects.--In the case of a project under this
paragraph for ecosystem restoration, the
Federal share of the cost of carrying out the
project shall be 100 percent if the project--
(I) is located below the ordinary
high water mark or in a connected
backwater;
(II) modifies the operation or
structures for navigation; or
(III) is located on federally owned
land.
(iii) Nongovernmental organizations.--
Nongovernmental organizations shall be eligible
to contribute the non-Federal cost-sharing
requirements applicable to projects under this
paragraph.
(D) Land acquisition.--The Secretary may acquire
land or an interest in land for an ecosystem
restoration project from a willing owner through
conveyance of--
(i) fee title to the land; or
(ii) a flood plain conservation easement.
(3) Specific projects authorization.--
(A) In general.--Subject to subparagraph (B), the
ecosystem restoration projects described in paragraph
(2) shall be carried out at a total construction cost
of $1,460,000,000.
(B) Limitation on available funds.--Of the amounts
made available under subparagraph (A), not more than
$35,000,000 for each fiscal year shall be available for
land acquisition under paragraph (2)(D).
(4) Implementation reports.--
(A) In general.--Not later than June 30, 2005, and
every 4 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an
implementation report that--
(i) includes baselines, benchmarks, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting the
goals.
(B) Advisory panel.--
(i) In general.--The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the development
of each implementation report under
subparagraph (A).
(ii) Panelists.--Panelists shall include--
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin;
(II) 1 representative of the
Department of Agriculture;
(III) 1 representative of the
Department of Transportation;
(IV) 1 representative of the United
States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the
Environmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of
conservation and environmental advocacy
groups; and
(IX) 2 representatives of
agriculture and industry advocacy
groups.
(iii) Co-chairpersons.--The Secretary and
the Secretary of the Interior shall serve as
co-chairpersons of the advisory panel.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out subsection (c) for
fiscal years 2006 through 2020.
(2) Special rules.--After fiscal year 2020--
(A) funds that have been made available under this
subsection, but have not been expended, may be
expended; and
(B) funds that have been authorized to be
appropriated by this subsection, but have not been made
available, may be made available. | Directs the Secretary of the Army (at a specified cost of Treasury funds to be matched by the Inland Waterways Trust Fund, which is paid by private users) to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock, provide switch boats at Locks 20 through 25 over five years for project operation, and conduct development and testing of an appointment scheduling system; (2) construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway; and (3) conduct mitigation for new locks and small scale and nonstructural measures authorized under this Act.
Directs the Secretary to modify the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.
Directs the Secretary to carry out ecosystem restoration projects to attain and maintain the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the preferred integrated plan contained in the Integrated Feasibility Report and Programmatic Environmental Impact Statement for the UMR-IWW System Navigation Feasibility System, dated April 29, 2004. Lists projects that may be included, such as island building, floodplain restoration, and land acquisition.
Directs the Secretary to: (1) submit implementation reports to specified congressional committees; and (2) appoint and convene an advisory panel. | {"src": "billsum_train", "title": "To enhance navigation capacity improvements and the ecosystem restoration plan for the Upper Mississippi River and Illinois Waterway System."} | 2,986 | 316 | 0.504852 | 1.800043 | 0.671134 | 5.696246 | 9.696246 | 0.952218 |
SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Good health is important to every citizen of the world
and access to the highest standards of health information and
services is necessary to improve the public health.
(2) Direct and unobstructed participation in international
health cooperation forums and programs is beneficial for all
parts of the world, especially today with the great potential
for the cross-border spread of various infectious diseases such
as the human immunodeficiency virus (HIV), tuberculosis, and
malaria.
(3) Taiwan's population of 23,500,000 people is greater
than that of \3/4\ of the member states already in the World
Health Organization (WHO).
(4) Taiwan's achievements in the field of health are
substantial, including--
(A) attaining--
(i) 1 of the highest life expectancy levels
in Asia; and
(ii) maternal and infant mortality rates
comparable to those of western countries;
(B) eradicating such infectious diseases as
cholera, smallpox, the plague, and polio; and
(C) providing children with hepatitis B
vaccinations.
(5) The United States Centers for Disease Control and
Prevention and its counterpart agencies in Taiwan have enjoyed
close collaboration on a wide range of public health issues.
(6) In recent years Taiwan has expressed a willingness to
assist financially and technically in international aid and
health activities supported by the WHO.
(7) On January 14, 2001, an earthquake, registering between
7.6 and 7.9 on the Richter scale, struck El Salvador. In
response, the Taiwanese Government sent 2 rescue teams,
consisting of 90 individuals specializing in firefighting,
medicine, and civil engineering. The Taiwanese Ministry of
Foreign Affairs also donated $200,000 in relief aid to the
Salvadoran Government.
(8) The World Health Assembly has allowed observers to
participate in the activities of the organization, including
the Palestine Liberation Organization in 1974, the Order of
Malta, and the Holy See in the early 1950's.
(9) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations.
(10) Public Law 106-137 required the Secretary of State to
submit a report to Congress on efforts by the executive branch
to support Taiwan's participation in international
organizations, in particular the WHO.
(11) In light of all benefits that Taiwan's participation
in the WHO can bring to the state of health not only in Taiwan,
but also regionally and globally, Taiwan and its 23,500,000
people should have appropriate and meaningful participation in
the WHO.
(12) On May 11, 2001, President Bush stated in a letter to
Senator Murkowski that the United States ``should find
opportunities for Taiwan's voice to be heard in international
organizations in order to make a contribution, even if
membership is not possible'', further stating that the
administration ``has focused on finding concrete ways for
Taiwan to benefit and contribute to the WHO''.
(13) In his speech made in the World Medical Association on
May 14, 2002, Secretary of Health and Human Services Tommy
Thompson announced ``America's work for a healthy world cuts
across political lines. That is why my government supports
Taiwan's efforts to gain observership status at the World
Health Assembly. We know this is a controversial issue, but we
do not shrink from taking a public stance on it. The people of
Taiwan deserve the same level of public health as citizens of
every nation on earth, and we support them in their efforts to
achieve it''.
(14) The Government of the Republic of China on Taiwan, in
response to an appeal from the United Nations and the United
States for resources to control the spread of HIV/AIDS, donated
$1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and
Malaria in December 2002.
(15) In 2003, the outbreak of Severe Acute Respiratory
Syndrome (SARS) caused 84 deaths in Taiwan.
(16) Avian influenza, commonly known as bird flu, has
reemerged in Asia, with strains of the influenza reported by
the People's Republic of China, Cambodia, Indonesia, Japan,
Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos.
(17) The SARS and avian influenza outbreaks illustrate that
disease knows no boundaries and emphasize the importance of
allowing all people access to the WHO.
(18) As the pace of globalization quickens and the spread
of infectious disease accelerates, it is crucial that all
people, including the people of Taiwan, be given the
opportunity to participate in international health
organizations such as the WHO.
(19) The Secretary of Health and Human Services
acknowledged during the 2003 World Health Assembly meeting that
``[t]he need for effective public health exists among all
peoples''.
(b) Plan.--The Secretary of State is authorized to--
(1) initiate a United States plan to endorse and obtain
observer status for Taiwan at the annual week-long summit of
the World Health Assembly each year in Geneva, Switzerland;
(2) instruct the United States delegation to the World
Health Assembly in Geneva to implement that plan; and
(3) introduce a resolution in support of observer status
for Taiwan at the summit of the World Health Assembly.
(c) Report Concerning Observer Status for Taiwan at the Summit of
the World Health Assembly.--Not later than 30 days after the date of
the enactment of this Act, and not later than April 1 of each year
thereafter, the Secretary of State shall submit a report to the
Congress, in unclassified form, describing the United States plan to
endorse and obtain observer status for Taiwan at the annual week-long
summit of the World Health Assembly (WHA) held by the World Health
Organization (WHO) in May of each year in Geneva, Switzerland. Each
report shall include the following:
(1) An account of the efforts the Secretary of State has
made, following the last meeting of the World Health Assembly,
to encourage WHO member states to promote Taiwan's bid to
obtain observer status.
(2) The steps the Secretary of State will take to endorse
and obtain observer status at the next annual meeting of the
World Health Assembly in Geneva, Switzerland.
Passed the House of Representatives April 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes the Secretary of State to: (1) initiate, and instruct the U.S. delegation to implement, a plan to endorse and obtain observer status for Taiwan at the annual World Health Assembly summit in Geneva, Switzerland; and (2) introduce a resolution in support of observer status for Taiwan at such summit.
Directs the Secretary to report annually on U.S. efforts to obtain observer status for Taiwan at the World Health Assembly held yearly by the World Health Organization (WHO). | {"src": "billsum_train", "title": "To address the participation of Taiwan in the World Health Organization."} | 1,359 | 103 | 0.511647 | 1.445552 | 1.006496 | 3.945652 | 14.478261 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Innovation Zone Pilot Act
of 2009''.
SEC. 2. HEALTHCARE INNOVATION ZONE PILOT PROGRAM.
(a) Establishment.--The Secretary of Health and Human Services
shall establish a Healthcare Innovation Zone pilot program to increase
health care provider integration and align health care provider
incentives to reduce the rate of growth of health care costs while
improving quality of care for Medicare, Medicaid, and privately insured
patients. The HIZ program, by including teaching hospitals, shall
provide for the incorporation of new and innovative clinical
initiatives for the training of the next generation of physicians,
nurses, and other health professionals in a new model of cost-
effective, high-quality health care.
(b) Features of Program.--The HIZ pilot program established under
subsection (a) shall consist of--
(1) an HIZ planning grant program, as described in section
3; and
(2) an HIZ pilot project, as described in section 4.
SEC. 3. HIZ PLANNING GRANT PROGRAM.
(a) Establishment.--Within 6 months after the date of the enactment
of this Act, the Secretary shall begin accepting applications for HIZ
planning grants. The Secretary will make grants to successful
applicants for the purposes of researching and preparing an HIZ design
plan, in accordance with subsection (d).
(b) Eligibility Requirements.--An applicant for a grant under this
section shall be a group of clinical or other entities that provides a
full spectrum of health care, including inpatient, outpatient, post-
acute, and preventive care, to Medicare beneficiaries, Medicaid
enrollees, and other individuals enrolled in private insurance plans.
Such applicants must include a teaching hospital, and may include--
(1) other clinical entities, including community hospitals
and health centers or physician group practices;
(2) schools of medicine or other health professions; and
(3) other nonclinical entities, including community
organizations.
(c) Application.--An application for a grant under this section
shall include--
(1) a description of the geographic region to be included
in the HIZ established under section 4, including population
and health care provider demographics, as well as an estimate
of the number of people that could be cared for in the HIZ;
(2) a demonstration that the grant applicant has the
expertise to engage community and clinical care leaders in
developing a design plan for the HIZ that will meet the
requirements listed in subsection (e); and
(3) a proposed budget setting forth the costs to be
incurred in creating the HIZ design plan.
(d) Criteria for Awarding Grants.--The Secretary shall give
preference to grant applications in which the potential HIZ would care
for large and diverse populations and that also demonstrate the
commitment of clinical and community partners to participate in the
planning process for creating and submitting the HIZ design plan as set
forth in subsection (e).
(e) HIZ Design Plan Requirements.--A recipient of a grant under
this section must submit to the Secretary, within 1 year after
receiving such grant funds, an HIZ design plan describing the HIZ to be
created in the pilot program under section 4. Such HIZ design plan must
contain--
(1) an estimate of the number of people to whom health care
will be delivered by the providers in the HIZ using the models
of care described in such plan;
(2) a description of the legal and management structure of
the HIZ Coordinating Entity under which the full spectrum of
care would be provided through the HIZ, and that will receive
and administer payments received under the pilot program;
(3) a description of how the full spectrum of care will be
provided and by whom;
(4) a description, including supporting financial
documentation, of how the HIZ will reduce the rate of increase
in Medicare and other health care spending including the level
of the reduction and over what time frame such reduction will
be achieved;
(5) a description of how physician, hospital, and other
providers will be integrated and aligned, and how health care
delivery processes will be changed to reduce the rate of growth
of health care costs while improving quality of care for
Medicare, Medicaid, and privately insured patients;
(6) a description of the target population to be served by
the HIZ;
(7) a list and description of quality metrics that will be
used to measure quality improvement, including both quality of
care and community health status; and cost indicators that best
would track cost containment over time;
(8) a description of how the HIZ will incorporate the
training of the next generation of physicians, nurses, and
other health professionals in a new model of cost-effective,
high-quality health care;
(9) a proposal to address non-financial barriers to the
provision of the full spectrum of care, including physician
self-referral laws, anti-trust considerations, State laws, and
accreditation or certification requirements;
(10) a description of the infrastructure and mechanisms to
be used to collect, analyze, and appropriately share data among
clinical partners;
(11) a description of the methods to be used to monitor and
track health costs and utilization;
(12) a description of a strategy to improve prevention and
public health and the health status of the community;
(13) a description of mechanisms to achieve involvement by
the community and external experts as ongoing partners in and
monitors of the HIZ;
(14) a description of payment methodology options that
address both funding level and mechanisms to distribute funds
to HIZ providers; and
(15) a description of the start-up and other additional
costs that would be required to establish and operate the HIZ.
(f) Number and Amount of Planning Grants.--The Secretary shall
award no more than 25 grants under this section in an amount of at
least $250,000 and not more than $1,000,000 per grant.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for the first fiscal
year beginning after the date of enactment of this section and such
sums as may be necessary for subsequent fiscal years.
SEC. 4. HEALTHCARE INNOVATION ZONE PILOT PROJECT.
(a) Establishment.--The Secretary shall establish an HIZ pilot
project to test the effectiveness of HIZs in reducing the rate of
growth of health care costs while improving quality of care for
Medicare, Medicaid, and privately insured patients.
(b) Duration.--The pilot project shall operate for a period of at
least 3 years and shall be subject to renewal at the Secretary's
discretion.
(c) Application.--A person who is eligible under section 3(b) may
submit an application for participation in the HIZ pilot project to the
Secretary at such time and manner, and containing the information
described in sections 3(e) and section 4(d) and any such additional
information, as the Secretary may require.
(d) Requirements.--In addition to the requirements established by
the Secretary under subsection (c), to be eligible to participate in
the HIZ pilot project under this section, the HIZ providers shall--
(1) provide comprehensive health care services, as defined
by the Secretary, to at least 50 percent of the population
within the HIZ;
(2) maintain or improve the quality of health care services
provided under the HIZ, according to metrics approved by the
Secretary, and submit the information necessary to the
Secretary so that the Secretary may determine whether such
maintenance or improvement has occurred; and
(3) collect and submit information on changes that are
being made to clinical education processes to reflect changes
made in the delivery of health care.
(e) Payment.--The Secretary shall distribute payments to the HIZ
Coordinating Entity so that the aggregate level of payment for all
Medicare beneficiaries participating in the HIZ pilot project will be
equal to a base level of Medicare payments, as defined by the
Secretary, increased by a rate of growth that is 1.5 percentage points
less than the projected rate of growth for the HIZ. The Secretary may
modify the 1.5 percentage point reduction if the estimated growth rate
is lower than the national average. The types of payments subject of
this arrangement and additional payment mechanisms shall be at the
discretion of the Secretary and each HIZ based on the methodology
options submitted by the grant recipient, as set forth under section
3(e)(14).
(f) Waiver of Rights to Payment Under Public Programs.--A health
care provider receiving payments for patients under this section shall
waive any right to additional reimbursement under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) beyond those established
under subsection (e) for those services provided to Medicare
beneficiaries participating in the HIZ pilot.
(g) Waivers.--The Secretary may waive any requirements under titles
XI, XVIII, and XIX of the Social Security Act (42 U.S.C. 1301 et seq.;
42 U.S.C. 1395 et seq.; and 42 U.S.C. 1396 et seq.), including the
antikickback and civil monetary penalty statutes, and with regard to
title XIX, statewideness, comparability, and managed care requirements,
as necessary to carry out the pilot program established under this
section. In the interest of facilitating the development of HIZ pilot
projects, the Secretary shall release a streamlined Medicare or
Medicaid waiver application form. Use of such form is voluntary.
Nothing contained in the antitrust laws shall be construed to prohibit
persons providing health care services as part of a pilot project
authorized under this section from lawfully carrying out the legitimate
object thereof, nor shall such persons be held or construed to be
illegal combinations or conspiracies in restraint of trade under the
antitrust laws, if acting in accordance with the business model
approved by the Secretary under this section.
(h) Reports.--
(1) HIZ report.--A person that establishes an HIZ pilot
project under this section shall submit, 2 years after the
beginning of such project to the Secretary a report that
describes and evaluates the activities of the HIZ.
(2) Secretary report.--The Secretary shall submit to
Congress an evaluation of the current status of the pilot
within 6 months after the end of the first year of the pilot
and every year thereafter until the end of pilot.
SEC. 5. DEFINITIONS.
In this Act:
(1) Planning grant program.--The term ``planning grant
program'' means the HIZ planning grant program as described in
section 3.
(2) HIZ.--Each of the terms ``HIZ'' and ``Healthcare
Innovation Zone'' mean a geographic region that contains--
(A) clinical and other entities that provide a full
spectrum of health care, including inpatient,
outpatient, post-acute, and preventive care, to
Medicare beneficiaries, Medicaid enrollees, and other
individuals enrolled in private insurance plans; and
(B) a teaching hospital that has the capacity to
conduct health services research and provides clinical
training for health professionals.
(3) HIZ coordinating entity.--The term ``HIZ Coordinating
Entity'' means a legal and management structure that is
responsible for overseeing the delivery of the full spectrum of
care in the HIZ, and that will receive and administer payments
received under the pilot program.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Healthcare Innovation Zone Pilot Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Healthcare Innovation Zone (HIZ) pilot program to increase health care provider integration and align provider incentives to reduce the rate of growth of health care costs while improving quality of care for Medicare, Medicaid, and privately insured patients. Defines an "HIZ" as a geographic region that contains clinical and other entities that provide a full spectrum of health care to such patients and a teaching hospital that has the capacity to conduct health services research and provide clinical training for health professionals.
Requires the HIZ program to: (1) incorporate innovative clinical initiatives for training health professionals in a new model of cost-effective, high-quality health care; and (2) consist of an HIZ planning grant program and an HIZ pilot project.
Directs the Secretary to make up to 25 HIZ planning grants to eligible health care entities for researching and preparing HIZ design plans, which shall describe the HIZ Coordinating Entity (who will receive and administer payments under the program), how care will be provided, how spending will be reduced, how providers will be integrated and delivery processes changed to reduce costs and improve care, the target population,quality improvement metrics, training, data collection mechanisms, methods for monitoring health costs and use, a strategy to improve prevention, mechanisms to achieve community involvement, payment methodology options, and startup and operating costs.
Directs the Secretary to establish an HIZ pilot project to test the effectiveness of HIZs in reducing the rate of growth of health care costs while improving quality of care. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to establish a Healthcare Innovation Zone pilot program."} | 2,458 | 334 | 0.760973 | 2.362223 | 0.945998 | 4.487097 | 7.422581 | 0.951613 |
SECTION 1. RELATIONSHIP TO OUTER CONTINENTAL SHELF LEASING PROGRAM AND
EXISTING LAW.
(a) Relationship to Outer Continental Shelf Leasing Program.--
Notwithstanding the Outer Continental Shelf Leasing Program maintained
by the Secretary pursuant to section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) or any lease sale schedule contained in a
specific leasing program thereunder, the Secretary shall carry out such
program consistent with the provisions of this Act.
(b) Relationship to Existing Law.--Except as otherwise specifically
provided in this Act, nothing in this Act shall be construed to affect
the application of other Federal law to activities conducted on the
Outer Continental Shelf.
SEC. 2. OUTER CONTINENTAL SHELF LEASING ENVIRONMENTAL SCIENCES REVIEW.
(a) Environmental Sciences Review Panel.--
(1) Establishment.--An environmental sciences review panel
shall be established for the areas of the Outer Continental
Shelf that are offshore Florida.
(2) Purposes.--The purposes of the review panel established
under paragraph (1) shall be--
(A) to assess the adequacy of available physical
oceanographic, ecological, and socioeconomic
information in enabling the Secretary to carry out his
responsibilities under the Outer Continental Shelf
Lands Act with respect to authorizing--
(i) leasing and exploration; and
(ii) development and production,
in the area covered by such review panel;
(B) if such available information is not adequate
for such purposes, to identify the additional studies
required to obtain such information;
(C) to identify the potential physical
oceanographic, ecological, and socioeconomic impacts of
exploration and development in the area covered by such
review panel;
(D) to provide for and supervise the peer review,
by qualified scientists not employed by the Federal
Government, of the proposed studies identified under
subparagraph (B) before their submission to the
Secretary and separate reviews of each research
proposal designed to implement those studies; and
(E) to report to the Secretary on its findings and
recommendations under this paragraph.
(3) Membership.--The review panel established under
paragraph (1) shall consist of--
(A) one representative each from the Environmental
Protection Agency, the Minerals Management Service, the
National Oceanic and Atmospheric Administration, and
the United States Fish and Wildlife Service;
(B) four representatives from the State of Florida
approved by the Governor of such State; and
(C) three members appointed by the Secretary of
Commerce from a list of individuals nominated by the
National Academy of Sciences who are professional
scientists in the fields of physical oceanography,
marine ecology, and social science.
(4) Compensation.--(A) Members of the review panel
appointed under paragraph (3)(C), while performing official
duties under this Act shall receive compensation for travel and
transportation expenses under section 5703 of title 5, United
States Code.
(B) Members of the review panel appointed under paragraph
(3)(C) may be compensated at a rate to be fixed by the
Secretary of Commerce, but not in excess of the maximum rate of
pay for grade GS-18 provided in the General Schedule under
section 5332 of title 5, United States Code, for each day such
member spends performing the duties of the panel.
(b) Reports to Congress.--The Secretary shall, after consideration
of the findings and recommendations of the review panel established
under subsection (a), submit a report to the Congress--
(1) certifying that the physical oceanographic, ecological,
and socioeconomic information available is sufficient to enable
the Secretary to carry out his responsibilities under the Outer
Continental Shelf Lands Act with respect to authorizing leasing
and development in the area covered by such review panel; and
(2) including a detailed explanation of any differences
between such certification and the findings and recommendations
of the review panel, along with a detailed justification for
each such difference.
(c) Leasing Considerations.--The Secretary shall, in determining
whether to lease any area described in subsection (a)(1)--
(1) consider the findings and recommendations of the review
panel established under subsection (a); and
(2) to the extent that the Secretary disagrees with such
findings and recommendations, provide substantial evidence for
such disagreement.
SEC. 3. RESTRICTIONS AND REQUIREMENTS.
(a) General Rule.--In the areas described in section 2(a)(1), the
following restrictions and requirements shall apply:
(1) No preleasing activity shall be conducted before the
issuance of the first final 5-year leasing plan under section
18 of the Outer Continental Shelf Lands Act after January 1,
2002.
(2) No lease sale shall be held until after the expiration
of 45 days of continuous session of Congress after the
Secretary submits a report with respect to the area under
section 2(b).
(b) Specific Provisions.--(1) In the Eastern Gulf of Mexico
Planning Area north of 26 degrees north latitude and east of the
lateral seaward boundary between the States of Florida and Alabama, no
exploration or development plans or permits to drill shall be approved
for any lease in existence on the date of enactment of this Act until
after January 1, 2002.
(2) In the Eastern Gulf of Mexico Planning Area offshore Florida,
south of 26 degrees north latitude and east of 86 degrees west
longitude--
(A) studies to acquire the information found inadequate by
the National Research Council's report shall be completed prior
to any lease sale held after January 1, 2002; and
(B)(i) notwithstanding the requirements of section 5(a)(2)
(A) and (B) of the Outer Continental Shelf Lands Act (43 U.S.C.
1334(a)(2) (A) and (B)), the Secretary, within 90 days after
the date of enactment of this Act, shall cancel any active
leases in the area;
(ii) before the cancellation required under clause (i), no
exploration or development plans or permits to drill shall be
approved for any such lease in existence on the date of
enactment of this Act; and
(iii) compensation to lessees owning leases that are
canceled under clause (i) shall be determined under section
5(a)(2) (C) and (D) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1334(a)(2) (C) and (D)).
(c) Continuous Session of Congress.--In computing any 45-day period
of continuous session of Congress under this section--
(1) continuity of session is broken only by an adjournment
of the Congress sine die; and
(2) the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day
certain are excluded.
SEC. 4. ENVIRONMENTAL STUDIES.
Section 20(a)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1346(a)(1)) is amended by adding at the end the following new
sentence: ``Such study shall include an assessment of the adequacy of
available physical oceanographic, ecological, and socioeconomic
information.''.
SEC. 5. ADEQUACY OF INFORMATION.
Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C.
1346) is amended by adding at the end the following new subsection:
``(g) Adequacy of Information.--For the purposes of this section,
the term `adequacy' means sufficiently complete to enable necessary
decisions to be made under this Act, and of sufficient quality to be
repeatable, reliable, and valid in measurements and analysis with
appropriate methods and subject.''.
SEC. 6. COMPENSATION FOR LEASE BUYBACKS.
Section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1334(a)(2)) is amended--
(1) by inserting ``and'' at the end of subparagraph (C);
and
(2) by adding at the end the following new subparagraph:
``(D) that compensation a lessee is entitled to
receive under subparagraph (C) may be made in the form
of currency, forgiveness of the lessee's obligation to
pay rents or royalties which would otherwise be paid to
the Federal Government on another lease issued pursuant
to this Act, or a combination of currency with such
forgiveness.''.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) terms defined in the Outer Continental Shelf Lands Act
have the meaning given such terms in that Act;
(2) references to specific Outer Continental Shelf planning
areas shall be to areas so designated in the Department of the
Interior Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program 1992-1997 Proposal, dated July
1991;
(3) the term ``adequate'' means sufficiently complete to
enable necessary decisions to be made under the Outer
Continental Shelf Lands Act, and of sufficient scientific
quality to be repeatable, reliable, and valid in measurements
and analysis with appropriate methods and subject;
(4) the term ``National Research Council's report'' means
the report entitled ``The Adequacy of Environmental Information
for Outer Continental Shelf Oil and Gas Decisions: Florida and
California'' issued in 1989 by the Council's Committee to
Review the Outer Continental Shelf Environmental Studies
Program and supported by the President's Outer Continental
Shelf Leasing and Development Task Force through Department of
the Interior Contract No. 1435000130495; and
(5) the term ``preleasing activities'' means activities
conducted before a lease sale is held, and includes the
scheduling of a lease, requests for industry interest, calls
for information and nominations, area identifications,
publication of draft or final environmental impact statements,
notices of sale, and any form of rotary drilling; but such term
does not include environmental, geologic, geophysical,
economic, engineering, or other scientific analyses, studies,
and evaluations. | Directs the Secretary of the Interior (the Secretary) to implement the Outer Continental Shelf Leasing Program consistent with the provisions of this Act.
Establishes the environmental sciences review panel for certain areas of the Outer Continental Shelf off-shore Florida in order to assess the adequacy of oceanographic, ecological, and socio-economic information available with respect to authorizing leasing and exploration, development, and production activities.
Sets limitations with respect to preleasing activities and lease sales within such areas, including specific points in the Eastern Gulf of Mexico Planning Area.
Amends the Outer Continental Shelf Lands Act to: (1) include within certain required environmental studies an assessment of the adequacy of available physical oceanographic, ecological, and socioeconomic information; and (2) provide that certain lessee compensation may be a combination of currency and forgiveness of debts due on other leases. | {"src": "billsum_train", "title": "Imposing certain restrictions and requirements on the leasing of lands offshore Florida under the Outer Continental Shelf Lands Act, and for other purposes."} | 2,144 | 185 | 0.597239 | 1.853202 | 0.847733 | 3.380368 | 12.09816 | 0.91411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Research Investment Act of
2000''.
SEC. 2. INCREASE IN LIMITATION ON CHARITABLE DEDUCTION FOR
CONTRIBUTIONS FOR MEDICAL RESEARCH.
(a) In General.--Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 (relating to percentage limitations) is amended by
adding at the end the following new subparagraph:
``(G) Special limitation with respect to certain
contributions for medical research.--
``(i) In general.--Any medical research
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the lesser of--
``(I) 80 percent of the taxpayer's
contribution base for any taxable year,
or
``(II) the excess of 80 percent of
the taxpayer's contribution base for
the taxable year over the amount of
charitable contributions allowable
under subparagraphs (A) and (B)
(determined without regard to
subparagraph (C)).
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation of such clause, such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
medical research contribution in each of the 10
succeeding taxable years in order of time.
``(iii) Treatment of capital gain
property.--In the case of any medical research
contribution of capital gain property (as
defined in subparagraph (C)(iv)), subsection
(e)(1) shall apply to such contribution.
``(iv) Medical research contribution.--For
purposes of this subparagraph, the term
`medical research contribution' means a
charitable contribution--
``(I) to an organization described
in clauses (ii), (iii), (v), or (vi) of
subparagraph (A), and
``(II) which is designated for the
use of conducting medical research.
``(v) Medical research.--For purposes of
this subparagraph, the term `medical research'
has the meaning given such term under the
regulations promulgated under subparagraph
(A)(ii), as in effect on the date of the
enactment of this subparagraph.''.
(b) Conforming Amendments.--
(1) Section 170(b)(1)(A) of the Internal Revenue Code of
1986 is amended in the matter preceding clause (i) by inserting
``(other than a medical research contribution)'' after
``contribution''.
(2) Section 170(b)(1)(B) of such Code is amended by
inserting ``or a medical research contribution'' after
``applies''.
(3) Section 170(b)(1)(C)(i) of such Code is amended by
striking ``subparagraph (D)'' and inserting ``subparagraph (D)
or (G)''.
(4) Section 170(b)(1)(D)(i) of such Code is amended--
(A) in the matter preceding subclause (I), by
inserting ``or a medical research contribution'' after
``applies'', and
(B) in the second sentence, by inserting ``(other
than medical research contributions)'' before the
period.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) to contributions made in taxable years beginning after
December 31, 2000, and
(2) to contributions made on or before December 31, 2000,
but only to the extent that a deduction would be allowed under
section 170 of the Internal Revenue Code of 1986 for taxable
years beginning after December 31, 1999, had section
170(b)(1)(G) of such Code (as added by this section) applied to
such contributions when made.
SEC. 3. TREATMENT OF CERTAIN INCENTIVE STOCK OPTIONS.
(a) AMT Adjustments.--Section 56(b)(3) of the Internal Revenue Code
of 1986 (relating to treatment of incentive stock options) is amended--
(1) by striking ``Section 421'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), section 421'', and
(2) by adding at the end the following new subparagraph:
``(B) Exception for certain medical
research stock.--
``(i) In general.--This paragraph
shall not apply in the case of a
medical research stock transfer.
``(ii) Medical research stock
transfer.--For purposes of clause (i),
the term `medical research stock
transfer' means a transfer--
``(I) of stock which is
traded on an established
securities market,
(II) of stock which is
acquired pursuant to the
exercise of an incentive stock
option within the same taxable
year as such transfer occurs,
and
``(III) which is a medical
research contribution (as
defined in section
170(b)(1)(G)(iv)).''.
(b) Nonrecognition of Certain Incentive Stock Options.--Section
422(c) of the Internal Revenue Code of 1986 (relating to special rules)
is amended by adding at the end the following new paragraph:
``(8) Medical research contributions.--For purposes of this
section and section 421, the transfer of a share of stock which
is a medical research stock transfer (as defined in section
56(b)(3)(B)) shall be treated as meeting the requirements of
subsection (a)(1).''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers of stock made after the date of the enactment of
this Act. | Provides for the special treatment of medical research incentive stock options. | {"src": "billsum_train", "title": "Medical Research Investment Act of 2000"} | 1,300 | 14 | 0.453671 | 0.999001 | -0.064895 | 2.416667 | 93.333333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tule Lake National Historic Site
Establishment Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``Historic Site'' means the
Tule Lake National Historic Site established by section 3(a).
(2) Map.--The term ``Map'' means the map entitled ``Tule
Lake National Historic Site Proposed Boundary'', numbered 501/
128,313, and dated March 2015.
(3) Monument.--The term ``Monument'' means the World War II
Valor in the Pacific National Monument.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
California.
(6) Airport.--The term ``Airport'' means the Tule Lake
Municipal Airport, designated O81 by the Federal Aviation
Administration.
(7) County.--The term ``County'' means the County of Modoc.
(8) City.--The term ``City'' means the City of Tulelake.
SEC. 3. TULE LAKE NATIONAL HISTORIC SITE.
(a) Establishment.--To preserve, protect, and interpret for the
benefit of present and future generations the historic site of
incarceration and segregation of United States citizens of Japanese
descent and resident immigrants of Japanese citizenry at Tule Lake
during World War II, there is established the Tule Lake National
Historic Site in the State as a unit of the National Park System.
(b) Boundaries.--The boundaries of the Historic Site shall be the
boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Administration.--
(1) In general.--The Secretary shall administer the
Historic Site in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Interagency agreement.--The Director of the National
Park Service and the Director of the United States Fish and
Wildlife Service shall enter into an agreement to allow the
Director of the National Park Service to manage and interpret
the resources of the portions of the Historic Site, as depicted
on the Map, that are located within the boundary of the Tule
Lake National Wildlife Refuge, consistent with the management
requirements of the Refuge.
(3) Shared resources.--To the maximum extent practicable,
the Secretary may use the resources of the Lava Beds National
Monument to administer the Historic Site.
(4) Management plan.--
(A) In general.--Not later than 3 years after the
date on which this Act is enacted available to prepare
a general management plan for the Historic Site, the
Secretary shall prepare the general management plan in
accordance with section 100502 of title 54, United
States Code.
(B) Coordination.--The Secretary shall coordinate
the preparation and implementation of the general
management plan under subparagraph (A) with the Tule
Lake National Wildlife Refuge.
(C) Consultation.--When preparing the general
management plan, the Secretary shall consult with the
City, County, and Airport to ensure that management of
the Historic Site does not negatively impact operation
of the Airport.
SEC. 4. REMOVAL OF TULE LAKE UNIT FROM THE WORLD WAR II VALOR IN THE
PACIFIC NATIONAL MONUMENT.
(a) Boundaries.--The boundaries of the Monument are revised to
exclude from the Monument the land and interests in land known as the
``Tule Lake Unit'', consisting of portions of the Tule Lake Segregation
Center National Historic Landmark and Camp Tule Lake, as depicted on
the Map.
(b) Incorporation Into Historic Site.--
(1) In general.--The land and interests in land excluded
from the Monument under subsection (a) are incorporated in and
made part of the Historic Site in accordance with section 3.
(2) Use of funds.--Any funds for the purposes of the land
and interests in land excluded from the Monument under
subsection (a) shall be made available for the purposes of the
Historic Site.
(c) References.--Any reference in a law, regulation, document,
record, map, or other paper of the United States to the Tule Lake Unit
of World War II Valor in the Pacific National Monument shall be
considered to be a reference to the Tule Lake National Historic Site.
SEC. 5. CONSULTATION REQUIREMENT.
The President may not designate lands for inclusion in the Historic
Site outside the boundaries depicted on the Map, and the Secretary may
not acquire lands for inclusion in the Historic Site outside the
boundaries depicted on the Map, unless not more than 1 year before such
designation or acquisition, the Secretary of the Interior--
(1) consulted with County and City; and
(2) obtained written concurrence for the designation or
acquisition from the governing bodies of the City and County.
SEC. 6. BUFFER ZONES OR REGULATION.
Nothing in this Act, the establishment of the park, or the
management plan of the park shall be construed to create buffer zones
outside of the park. That an activity or use can be seen or heard from
within the park shall not preclude the conduct of that activity or use
outside the park. | Tule Lake National Historic Site Establishment Act of 2015 This bill establishes the Tule Lake National Historic Site in California as a unit of the National Park System in order to preserve, protect, and interpret the site of incarceration and segregation of U.S. citizens of Japanese descent and resident immigrants of Japanese citizenry at Tule Lake during World War II. The National Park Service (NPS) and the U.S. Fish and Wildlife Service shall enter into an agreement to allow the NPS to manage and interpret the resources of the portions of the Site within the Tule Lake National Wildlife Refuge. The resources of the Lava Beds National Monument may be used to administer the Site. The Department of the Interior shall prepare a general management plan for the Site. The boundaries of the World War II Valor in the Pacific National Monument are revised to exclude from the Monument the Tule Lake Unit, consisting of portions of the Tule Lake Segregation Center National Historic Landmark and Camp Tule Lake, and incorporate the excluded lands and interests into the Site. The President may not designate, nor may Interior acquire, lands for inclusion in the Site outside specified boundaries unless Interior has: (1) consulted with the county of Modoc and the city of Tulelake, and (2) obtained their written concurrence for the designation or acquisition. | {"src": "billsum_train", "title": "Tule Lake National Historic Site Establishment Act of 2016"} | 1,256 | 281 | 0.698472 | 2.131435 | 0.812818 | 4.619433 | 4.497976 | 0.927126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Forensics and Attribution
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The threat of a nuclear terrorist attack on American
interests, both domestic and abroad, is one of the most serious
threats to the national security of the United States. In the wake
of an attack, attribution of responsibility would be of utmost
importance. Because of the destructive power of a nuclear weapon,
there could be little forensic evidence except the radioactive
material in the weapon itself.
(2) Through advanced nuclear forensics, using both existing
techniques and those under development, it may be possible to
identify the source and pathway of a weapon or material after it is
interdicted or detonated. Though identifying intercepted smuggled
material is now possible in some cases, pre-detonation forensics is
a relatively undeveloped field. The post-detonation nuclear
forensics field is also immature, and the challenges are compounded
by the pressures and time constraints of performing forensics after
a nuclear or radiological attack.
(3) A robust and well-known capability to identify the source
of nuclear or radiological material intended for or used in an act
of terror could also deter prospective proliferators. Furthermore,
the threat of effective attribution could compel improved security
at material storage facilities, preventing the unwitting transfer
of nuclear or radiological materials.
(4)(A) In order to identify special nuclear material and other
radioactive materials confidently, it is necessary to have a robust
capability to acquire samples in a timely manner, analyze and
characterize samples, and compare samples against known signatures
of nuclear and radiological material.
(B) Many of the radioisotopes produced in the detonation of a
nuclear device have short half-lives, so the timely acquisition of
samples is of the utmost importance. Over the past several decades,
the ability of the United States to gather atmospheric samples--
often the preferred method of sample acquisition--has diminished.
This ability must be restored and modern techniques that could
complement or replace existing techniques should be pursued.
(C) The discipline of pre-detonation forensics is a relatively
undeveloped field. The radiation associated with a nuclear or
radiological device may affect traditional forensics techniques in
unknown ways. In a post-detonation scenario, radiochemistry may
provide the most useful tools for analysis and characterization of
samples. The number of radiochemistry programs and radiochemists in
United States National Laboratories and universities has
dramatically declined over the past several decades. The narrowing
pipeline of qualified people into this critical field is a serious
impediment to maintaining a robust and credible nuclear forensics
program.
(5) Once samples have been acquired and characterized, it is
necessary to compare the results against samples of known material
from reactors, weapons, and enrichment facilities, and from
medical, academic, commercial, and other facilities containing such
materials, throughout the world. Some of these samples are
available to the International Atomic Energy Agency through
safeguards agreements, and some countries maintain internal sample
databases. Access to samples in many countries is limited by
national security concerns.
(6) In order to create a sufficient deterrent, it is necessary
to have the capability to positively identify the source of nuclear
or radiological material, and potential traffickers in nuclear or
radiological material must be aware of that capability.
International cooperation may be essential to catalogue all
existing sources of nuclear or radiological material.
SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR FORENSICS
COOPERATION.
It is the sense of the Congress that the President should--
(1) pursue bilateral and multilateral international agreements
to establish, or seek to establish under the auspices of existing
bilateral or multilateral agreements, an international framework
for determining the source of any confiscated nuclear or
radiological material or weapon, as well as the source of any
detonated weapon and the nuclear or radiological material used in
such a weapon;
(2) develop protocols for the data exchange and dissemination
of sensitive information relating to nuclear or radiological
materials and samples of controlled nuclear or radiological
materials, to the extent required by the agreements entered into
under paragraph (1); and
(3) develop expedited protocols for the data exchange and
dissemination of sensitive information needed to publicly identify
the source of a nuclear detonation.
SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION OFFICE.
(a) Additional Responsibilities.--Section 1902 of the Homeland
Security Act of 2002 (as redesignated by Public Law 110-53; 6 U.S.C.
592) is amended--
(1) in subsection (a)--
(A) in paragraph (9), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (10) as paragraph (14); and
(C) by inserting after paragraph (9) the following:
``(10) lead the development and implementation of the national
strategic five-year plan for improving the nuclear forensic and
attribution capabilities of the United States required under
section 1036 of the National Defense Authorization Act for Fiscal
Year 2010;
``(11) establish, within the Domestic Nuclear Detection Office,
the National Technical Nuclear Forensics Center to provide
centralized stewardship, planning, assessment, gap analysis,
exercises, improvement, and integration for all Federal nuclear
forensics and attribution activities--
``(A) to ensure an enduring national technical nuclear
forensics capability to strengthen the collective response of
the United States to nuclear terrorism or other nuclear
attacks; and
``(B) to coordinate and implement the national strategic
five-year plan referred to in paragraph (10);
``(12) establish a National Nuclear Forensics Expertise
Development Program, which--
``(A) is devoted to developing and maintaining a vibrant
and enduring academic pathway from undergraduate to post-
doctorate study in nuclear and geochemical science specialties
directly relevant to technical nuclear forensics, including
radiochemistry, geochemistry, nuclear physics, nuclear
engineering, materials science, and analytical chemistry;
``(B) shall--
``(i) make available for undergraduate study student
scholarships, with a duration of up to 4 years per student,
which shall include, if possible, at least 1 summer
internship at a national laboratory or appropriate Federal
agency in the field of technical nuclear forensics during
the course of the student's undergraduate career;
``(ii) make available for doctoral study student
fellowships, with a duration of up to 5 years per student,
which shall--
``(I) include, if possible, at least 2 summer
internships at a national laboratory or appropriate
Federal agency in the field of technical nuclear
forensics during the course of the student's graduate
career; and
``(II) require each recipient to commit to serve
for 2 years in a post-doctoral position in a technical
nuclear forensics-related specialty at a national
laboratory or appropriate Federal agency after
graduation;
``(iii) make available to faculty awards, with a
duration of 3 to 5 years each, to ensure faculty and their
graduate students have a sustained funding stream; and
``(iv) place a particular emphasis on reinvigorating
technical nuclear forensics programs while encouraging the
participation of undergraduate students, graduate students,
and university faculty from historically Black colleges and
universities, Hispanic-serving institutions, Tribal
Colleges and Universities, Asian American and Native
American Pacific Islander-serving institutions, Alaska
Native-serving institutions, and Hawaiian Native-serving
institutions; and
``(C) shall--
``(i) provide for the selection of individuals to
receive scholarships or fellowships under this section
through a competitive process primarily on the basis of
academic merit and the nuclear forensics and attribution
needs of the United States Government;
``(ii) provide for the setting aside of up to 10
percent of the scholarships or fellowships awarded under
this section for individuals who are Federal employees to
enhance the education of such employees in areas of
critical nuclear forensics and attribution needs of the
United States Government, for doctoral education under the
scholarship on a full-time or part-time basis;
``(iii) provide that the Secretary may enter into a
contractual agreement with an institution of higher
education under which the amounts provided for a
scholarship under this section for tuition, fees, and other
authorized expenses are paid directly to the institution
with respect to which such scholarship is awarded;
``(iv) require scholarship recipients to maintain
satisfactory academic progress; and
``(v) require that--
``(I) a scholarship recipient who fails to maintain
a high level of academic standing, as defined by the
Secretary, who is dismissed for disciplinary reasons
from the educational institution such recipient is
attending, or who voluntarily terminates academic
training before graduation from the educational program
for which the scholarship was awarded shall be liable
to the United States for repayment within 1 year after
the date of such default of all scholarship funds paid
to such recipient and to the institution of higher
education on the behalf of such recipient, provided
that the repayment period may be extended by the
Secretary if the Secretary determines it necessary, as
established by regulation; and
``(II) a scholarship recipient who, for any reason
except death or disability, fails to begin or complete
the post-doctoral service requirements in a technical
nuclear forensics-related specialty at a national
laboratory or appropriate Federal agency after
completion of academic training shall be liable to the
United States for an amount equal to--
``(aa) the total amount of the scholarship
received by such recipient under this section; and
``(bb) the interest on such amounts which would
be payable if at the time the scholarship was
received such scholarship was a loan bearing
interest at the maximum legally prevailing rate;
``(13) provide an annual report to Congress on the activities
carried out under paragraphs (10), (11), and (12); and''; and
(2) by adding at the end the following new subsection:
``(b) Definitions.--In this section:
``(1) Alaska native-serving institution.--The term `Alaska
Native-serving institution' has the meaning given the term in
section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d).
``(2) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native American
Pacific Islander-serving institution' has the meaning given the
term in section 320 of the Higher Education Act of 1965 (20 U.S.C.
1059g).
``(3) Hawaiian native-serving institution.--The term `Hawaiian
native-serving institution' has the meaning given the term in
section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d).
``(4) Hispanic-serving institution.--The term `Hispanic-serving
institution' has the meaning given that term in section 502 of the
Higher Education Act of 1965 (20 U.S.C. 1101a).
``(5) Historically black college or university.--The term
`historically Black college or university' has the meaning given
the term `part B institution' in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)).
``(6) Tribal college or university.--The term `Tribal College
or University' has the meaning given that term in section 316(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''.
(b) Joint Interagency Annual Reporting Requirement to Congress and
the President.--
(1) In general.--Section 1907(a)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 596a(a)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B)(iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) the Director of the Domestic Nuclear Detection Office
and each of the relevant departments that are partners in the
National Technical Forensics Center--
``(i) include, as part of the assessments, evaluations,
and reviews required under this paragraph, each office's or
department's activities and investments in support of
nuclear forensics and attribution activities and specific
goals and objectives accomplished during the previous year
pursuant to the national strategic five-year plan for
improving the nuclear forensic and attribution capabilities
of the United States required under section 1036 of the
National Defense Authorization Act for Fiscal Year 2010;
``(ii) attaches, as an appendix to the Joint
Interagency Annual Review, the most current version of such
strategy and plan; and
``(iii) includes a description of new or amended
bilateral and multilateral agreements and efforts in
support of nuclear forensics and attribution activities
accomplished during the previous year.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Nuclear Forensics and Attribution Act - Expresses the sense of Congress that the President should: (1) pursue bilateral and multilateral international agreements to establish an international framework for determining the source of any confiscated nuclear or radiological material or weapon, as well as the source of any detonated weapon and the nuclear or radiological material used in such a weapon; (2) develop protocols for the data exchange and dissemination of sensitive information relating to nuclear or radiological materials and samples of controlled nuclear or radiological materials to the extent required by such agreements; and (3) develop expedited protocols for the data exchange and dissemination of sensitive information needed to publicly identify the source of a nuclear detonation.
Amends the Homeland Security Act of 2002 to include within the mission of the Domestic Nuclear Detection Office to: (1) lead the development and implementation of the national strategic five-year plan for improving U.S. nuclear forensic and attribution capabilities required under the National Defense Authorization Act for FY2010; (2) establish within the Office a National Technical Nuclear Forensics Center to provide centralized stewardship, planning, assessment, gap analysis, exercises, improvement, and integration for all federal nuclear forensics and attribution activities; (3) establish a National Nuclear Forensics Expertise Development Program that is devoted to developing and maintaining a vibrant and enduring academic pathway from undergraduate to post-doctorate study in nuclear and geochemical science specialties directly relevant to technical nuclear forensics and that shall provide undergraduate and doctoral student scholarships and awards to ensure that faculty and their graduate students have a sustained funding stream; and (4) report to Congress annually on such activities.
Requires the Director of the Office and each of the relevant departments that are partners in the Center to: (1) include, as part of required assessments, evaluations, and reviews, each office's or department's activities and investments in support of nuclear forensics and attribution activities and specific goals and objectives accomplished during the previous year pursuant to the national strategic five-year plan for improving U.S. nuclear forensic and attribution capabilities; (2) attach, as an appendix to the Joint Interagency Annual Review, the most current version of such strategy and plan; and (3) include a description of new or amended bilateral and multilateral agreements and efforts in support of nuclear forensics and attribution activities accomplished during the previous year. | {"src": "billsum_train", "title": "To strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit attribution of the source of nuclear material, and for other purposes."} | 2,941 | 513 | 0.547623 | 1.984688 | 0.696207 | 6.358277 | 6.079365 | 0.975057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi and Japanese World War II War
Crimes Disclosure Act''.
SEC. 2. DISCLOSURE OF JAPANESE WAR CRIMINAL RECORDS.
(a) Disclosure of Records.--Section 3 of the Nazi War Crimes
Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) is amended--
(1) in subsection (a)--
(A) by striking ``Records.--'' and all that follows
through ``(1) pertain'' and inserting ``Record.--For
purposes of this Act, the term `Nazi war criminal
record' means a classified record or portion of a
record that--
``(1) pertains''; and
(B) in paragraph (2)--
(i) by striking ``pertain to any
transaction as to which'' and inserting
``pertains to any transaction which''; and
(ii) in subparagraph (B), by striking
``such transaction'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Japanese War Criminal Record.--For purposes of this Act, the
term `Japanese war criminal record' means any classified record or
portion of a record that--
``(1) pertains to any person with respect to whom the
United States Government, in its sole discretion, has grounds
to believe ordered, incited, assisted, or otherwise
participated in the experimentation on or persecution of any
person because of race, religion, national origin, or political
opinion, during the period beginning on September 18, 1931, and
ending on September 2, 1945, under the direction of, or in
association with--
``(A) the Imperial Government of Japan;
``(B) any government in any area occupied by the
military forces of the Imperial Government of Japan;
``(C) any government established with the
assistance or cooperation of the Imperial Government of
Japan; or
``(D) any government which was an ally of the
Imperial Government of Japan; or
``(2) pertains to any transaction which the United States
Government, in its sole discretion, has grounds to believe--
``(A) involved assets taken from persecuted persons
during the period beginning on September 18, 1931, and
ending on September 2, 1945, by, under the direction
of, on behalf of, or under authority granted by the
Imperial Government of Japan or any nation then allied
with that government; and
``(B) was completed without the assent of the
owners of those assets or their heirs or assigns or
other legitimate representatives.'';
(4) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``Nazi War Criminal
Records''; and
(ii) by striking ``Nazi war criminal
records that are described in subsection (a)''
and inserting ``all Nazi war criminal records
and all Japanese war criminal records''; and
(B) in paragraph (3)(A), by inserting after ``Nazi
war criminal records'' the following: ``or Japanese war
criminal records, as the case may be,''; and
(5) in subsection (d), as so redesignated, by striking
``under section 3 of this Act'' and inserting ``or a Japanese
war criminal record''.
(b) Expedited Processing of FOIA Requests.--Section 4 of the Nazi
War Crimes Disclosure Act (5 U.S.C. 522 note) is amended--
(1) in subsection (a), by inserting ``or a Japanese war
criminal record'' after ``Nazi war criminal record''; and
(2) in subsection (b), by inserting before the period the
following: ``or was persecuted in the manner described in
section 3(b)(1) of this Act who requests a Japanese war
criminal record''.
SEC. 3. ADDITIONAL REQUIREMENTS AND AUTHORITIES.
The Nazi War Crimes Disclosure Act is amended by adding at the end
the following:
``SEC. 5. COOPERATION BY GOVERNMENT OF JAPAN.
``The Secretary of State shall inform the Government of Japan that
all Japanese war criminal records in the custody of the Government of
Japan should be made fully and freely available to the United States
Government, as requested, and to the public at large.
``SEC. 6. ADMINISTRATIVE SUPPORT SERVICES.
``The National Archives and Record Administration shall provide
administrative support services to the Interagency Group.
``SEC. 7. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.
``The Chair of the Interagency Group may procure temporary and
intermittent services of historical specialists to aid in identifying,
describing, and assessing the historical significance of Nazi war
criminal records and Japanese war criminal records. Such services may
be procured without regard to any provision of law requiring
advertising by contract bids, without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates, except that the level of compensation
for such services may not exceed $100 per hour. Such services may not
be provided after the end of fiscal year 2001.''.
SEC. 4. TERMINATION OF INTERAGENCY GROUP.
Section 2(b)(1) of the Nazi War Crimes Disclosure Act (5 U.S.C. 552
note) is amended by striking ``3'' and inserting ``5''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
Section 2 of the Nazi War Crimes Disclosure Act (5 U.S.C. 522 note)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by adding ``and'' after the
semicolon;
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3); and
(C) in paragraph (3), as so redesignated, by
inserting ``or a Japanese war criminal record'' after
``criminal record''; and
(2) in subsection (c)--
(A) by striking ``Not later than 1 year after the
date of enactment of this Act, the'' and inserting
``The''; and
(B) in paragraph (1), by striking ``all classified
Nazi war criminal records'' and inserting ``as soon as
possible after the date of the enactment of this Act,
all Nazi war criminal records, and all Japanese war
criminal records,''. | Requires the Secretary of State to inform the Government of Japan that all Japanese war criminal records in the custody of the Government of Japan should be made fully and freely available to the U.S. Government, as requested, and to the public at large.
Authorizes the Chair of the Nazi War Criminal Records Interagency Working Group (Interagency Group) to procure temporary and intermittent services of historical specialists to aid in identifying, describing, and assessing the historical significance of Nazi war criminal records and Japanese war criminal records.
Extends the duration of the Interagency Group from three to five years. | {"src": "billsum_train", "title": "Nazi and Japanese World War II War Crimes Disclosure Act"} | 1,514 | 130 | 0.466211 | 1.328549 | 0.524363 | 7.063636 | 12.609091 | 0.918182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Reinvestment Act of
2009''.
SEC. 2. ESTATE TAX REPEAL MADE PERMANENT.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 shall not apply to title V of such Act.
SEC. 3. INCREASED EXPENSING FOR SMALL BUSINESS.
(a) Dollar Limitation.--Paragraph (1) of section 179(b) of the
Internal Revenue Code of 1986 (relating to dollar limitation) is
amended by striking ``$25,000 ($125,000 in the case of taxable years
beginning after 2006 and before 2011)'' and inserting ``$500,000''.
(b) Increase in Qualifying Investment at Which Phaseout Begins.--
Paragraph (2) of section 179(b) of such Code (relating to reduction in
limitation) is amended by striking ``$200,000 ($500,000 in the case of
taxable years beginning after 2006 and before 2011)'' and inserting
``$500,000''.
(c) Inflation Adjustments.--Section 179(b)(5)(A) of such Code
(relating to inflation adjustments) is amended--
(1) by striking ``and before 2011'', and
(2) by striking ``$125,000 and''.
(d) Revocation of Election.--Section 179(c)(2) of such Code
(relating to election irrevocable) is amended by striking ``and before
2011''.
(e) Computer Software.--Clause (ii) of section 179(d)(1)(A) of such
Code is amended by striking ``and before 2011''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. ACCELERATED DEPRECIATION FOR MANUFACTURING AND AGRICULTURAL
PROPERTY.
(a) In General.--The table contained in section 168(c) of the
Internal Revenue Code of 1986 is amended by inserting before the row
relating to 3-year property the following new row:
------------------------------------------------------------------------
Any qualified manufacturing or agricultural 1 year
property.
------------------------------------------------------------------------
(b) Qualified Manufacturing or Agricultural Property.--Subsection
(e) of section 168 of such Code is amended by adding at the end the
following new paragraph:
``(9) Qualified manufacturing or agricultural property.--
The term `qualified manufacturing or agricultural property'
means any tangible personal property which is used in the trade
or business of manufacturing or agriculture.''.
(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.
SEC. 5. DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME.
(a) In General.--Paragraph (1) of section 199(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) In general.--There shall be allowed as a deduction an
amount equal to the sum of--
``(A) 9 percent of the lesser of--
``(i) the qualified production activities
income of the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable year,
and
``(B) in the case of a qualified small business for
a taxable year beginning in 2009 or 2010, 20 percent of
the lesser of--
``(i) the qualified small business income
of the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable
year.''.
(b) Qualified Small Business; Qualified Small Business Income.--
Section 199 of such Code is amended by adding at the end the following
new subsection:
``(e) Qualified Small Business; Qualified Small Business Income.--
``(1) Qualified small business.--
``(A) In general.--For purposes of this section,
the term `qualified small business' means any taxpayer
for any taxable year if the annual average number of
employees employed by such taxpayer during such taxable
year was 500 or fewer.
``(B) Aggregation rule.--For purposes of
subparagraph (A), any person treated as a single
employer under subsection (a) or (b) of section 52
(applied without regard to section 1563(b)) or
subsection (m) or (o) of section 414 shall be treated
as 1 taxpayer for purposes of this subsection.
``(C) Special rule.--If a taxpayer is treated as a
qualified small business for any taxable year, the
taxpayer shall not fail to be treated as a qualified
small business for any subsequent taxable year solely
because the number of employees employed by such
taxpayer during such subsequent taxable year exceeds
500. The preceding sentence shall cease to apply to
such taxpayer in the first taxable year in which there
is an ownership change (as defined by section 382(g) in
respect of a corporation, or by applying principles
analogous to such ownership change in the case of a
taxpayer that is a partnership) with respect to the
stock (or partnership interests) of the taxpayer.
``(2) Qualified small business income.--
``(A) In general.--For purposes of this section,
the term `qualified small business income' means the
excess of--
``(i) the income of the qualified small
business which--
``(I) is attributable to the actual
conduct of a trade or business,
``(II) is income from sources
within the United States (within the
meaning of section 861), and
``(III) is not passive income (as
defined in section 904(d)(2)(B)), over
``(ii) the sum of--
``(I) the cost of goods sold that
are allocable to such income, and
``(II) other expenses, losses, or
deductions (other than the deduction
allowed under this section), which are
properly allocable to such income.
``(B) Exceptions.--The following shall not be
treated as income of a qualified small business for
purposes of subparagraph (A):
``(i) Any income which is attributable to
any property described in section 1400N(p)(3).
``(ii) Any income which is attributable to
the ownership or management of any professional
sports team.
``(iii) Any income which is attributable to
a trade or business described in subparagraph
(B) of section 1202(e)(3).
``(iv) Any income which is attributable to
any property with respect to which records are
required to be maintained under section 2257 of
title 18, United States Code.
``(C) Allocation rules, etc.--Rules similar to the
rules of paragraphs (2), (3), (4)(D), and (7) of
subsection (c) shall apply for purposes of this
paragraph.
``(3) Special rules.--Except as otherwise provided by the
Secretary, rules similar to the rules of subsection (d) shall
apply for purposes of this subsection.''.
(c) Conforming Amendment.--Section 199(a)(2) of such Code is
amended by striking ``paragraph (1)'' and inserting ``paragraph
(1)(A)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 6. SMALL BUSINESS MODIFICATIONS RELATED TO HEALTH INSURANCE,
HEALTH SAVINGS ACCOUNTS, AND SIMPLIFIED EMPLOYEE
PENSIONS.
(a) Health Insurance Deduction Allowed in Determining Self-
Employment Tax.--Section 162(l) of the Internal Revenue Code of 1986
(relating to special rules for health insurance costs of self-employed
individuals) is amended by striking paragraph (4) (relating to
deduction not allowed for self-employment tax purposes) and
redesignating paragraph (5) as paragraph (4).
(b) Health Savings Account Contributions Allowed in Determining
Self-Employment Tax.--Subsection (a) of section 1402 of such Code is
amended by redesignating paragraphs (16) and (17) as paragraphs (17)
and (18) and by inserting after paragraph (15) the following new
paragraph:
``(16) the deduction provided by section 223 with respect
to amounts paid to a health savings account of the individual
shall be allowed;''.
(c) Simplified Employee Pensions.--
(1) Increase in limitation on deduction for
contributions.--Subparagraph (C) of section 404(h)(1) of such
Code is amended by inserting ``(100 percent in the case of an
owner-employee as defined in section 401(c)(3))'' after ``25
percent'' both places it appears.
(2) Modification on limitation on contributions.--
Subsection (j) of section 408 of such Code is amended by adding
at the end the following: ``For purposes of applying the
preceding sentence, net earnings from self-employment shall be
determined without any reduction under section 1402(a)(12).''
(3) Contributions allowed in determining self-employment
tax.--Subsection (a) of section 1402 of such Code (as amended
by subsection (b)) is amended by redesignating paragraphs (17)
and (18) as paragraphs (18) and (19) and by inserting after
paragraph (16) the following new paragraph:
``(17) the deduction provided by section 404 with respect
to amounts paid to a simplified employee pension of the
individual shall be allowed;''.
(d) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Responsible Reinvestment Act of 2009 - Makes permanent the repeal of the estate tax.
Amends the Internal Revenue Code to: (1) increase to $500,000 the maximum expensing allowance for depreciable business assets; (2) allow first-year expensing of manufacturing and agricultural property; (3) allow a 20% tax deduction for qualified small business income; (4) allow a deduction from self-employment income for health insurance, health savings account contributions, and simplified employee pension plan contributions; and (5) increase the limit on the tax deduction for contributions to a simplified employee pension plan. | {"src": "billsum_train", "title": "To provide tax relief for small businesses, and for other purposes."} | 2,275 | 122 | 0.513709 | 1.223164 | 0.563793 | 2.347826 | 16.817391 | 0.886957 |
OF CERTAIN CLAIMS AGAINST IRAQ.
(a) Resolution by Iraq of Certain Claims.--
(1) In general.--Unless the President, before the end of
the 90-day period beginning on the date described in paragraph
(2)(A), certifies to the Congress that the Government of Iraq
has adequately settled the claims in the cases referred to in
subsection (b), then, upon the expiration of that 90-day
period, the waiver authority granted to the President in
section 1083(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 343), and any
waiver granted before the end of that 90-day period under such
authority, shall terminate.
(2) Date described.--
(A) In general.--The date described in this
paragraph is--
(i) 30 days after the date of the enactment
of this Act, unless the President has certified
to the Congress, before the end of that 30-day
period, that--
(I) the Government of Iraq has not,
before, on, or after the enactment of
this Act, compensated any foreign
persons or entities for claims or
liabilities incurred by or under the
control of the Saddam Hussein regime,
including, but not limited to,
commercial or financial claims, and
claims for acts against individuals
similar to those described in section
1605A(a)(1) of title 28, United States
Code; or
(II) negotiations are ongoing with
the Government of Iraq to settle the
claims in the cases referred to in
subsection (b), and the President
believes that those negotiations are
being conducted in good faith and could
lead to a satisfactory settlement of
those claims; or
(ii) if a certification is made under
clause (i), the day after the date on which
that certification terminates or, if a
subsequent certification is in effect under
subparagraph (B), the day after the date on
which the last such certification terminates.
(B) Duration of certifications.--A certification
under subclause (I) or (II) of subparagraph (A)(i)
terminates 180 days after it is made. The President may
make subsequent certifications under subclause (I) or
(II) of subparagraph (A)(i) for periods of not more
than 180 days each.
(b) Cases.--The cases referred to in subsection (a)(1) are cases
numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A. 02-632 (RWR)
(July 7, 2003), 1:03CV00691 (HHK), and 1:03CV00888 (HHK), in the United
States District Court for the District of Columbia.
(c) Adequate Settlement.--For purposes of subsection (a)(1),
adequate settlement means payment by the Government of Iraq of, or an
unqualified and unconditional guarantee made by a United States
depository institution to pay within 30 days after the end of the 90-
day period described in subsection (a)(1), at least the following
amounts to the following persons:
(1) To any person--
(A) whose claim in the applicable case referred to
in subsection (b) arose from an act of hostage taking
or from being held in hostage status, and
(B) who has not obtained a judgment on the claim
before the date of the enactment of this Act,
$150,000, plus $6,000 for each day the person was held as a
hostage, but in no event more than $900,000.
(2) To any person--
(A) whose claim in the applicable case referred to
in subsection (b) arose from an act of hostage taking
or from being held in hostage status,
(B) who, while a hostage, was subjected to torture,
and
(C) who has not obtained a judgment on the claim
before the date of the enactment of this Act,
$2,500,000, plus $6,000 for each day the person was held as a
hostage.
(3) To a plaintiff in the applicable case referred to in
subsection (b) who is the spouse or child of any person who
qualifies for receipt of payment under paragraph (1) or (2),
one third of the amount that such person qualifies for receipt
under such paragraph.
(4) To any person who, before the date of the enactment of
this Act, obtained a judgment for compensatory damages in a
case referred to in subsection (b) (regardless of whether such
judgment was subsequently vacated)--
(A) payment of the unsatisfied amount of such
judgment, in an amount that is the lesser of $1,000,000
or the unsatisfied amount of the award; and
(B) if the amount of the judgment exceeds
$1,000,000, one third of the unsatisfied amount of such
excess.
(d) Additional Condition in Case of Guarantee of Payment.--If the
claims in the cases referred to in subsection (b) are adequately
settled for purposes of subsection (a)(1) because of a guarantee of
payment by a depository institution within the 30-day period specified
in subsection (c), and such payment is not made within that 30-day
period, then upon the expiration of that 30-day period, the waiver
authority described in subsection (a)(1), and any waiver granted before
the end of that 30-day period under such authority, shall terminate.
(e) Definitions.--In this section:
(1) Foreign person or entity.--The term ``foreign person or
entity'' means--
(A) an individual other than a national of the
United States; and
(B) a person or entity, other than an individual,
that is organized under the laws of a country other
than the United States.
(2) Hostage.--The term ``hostage'' means an individual in
hostage status or an individual seized or detained in the
commission of an act of hostage taking.
(3) Hostage status.--The term ``hostage status'' has the
meaning given that term in section 599C(d)(1) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101-513).
(4) Hostage taking.--The term ``hostage taking'' has the
meaning given that term in section 1605A(h)(2) of title 28,
United States Code.
(5) National of the united states.--The term ``national of
the United States'' has the meaning given that term in section
1605A(h)(5) of title 28, United States Code.
(6) Torture.--The term ``torture'' has the meaning given
that term in section 3 of the Torture Victim Protection Act of
1991 (28 U.S.C. 1350 note).
(7) United states.--The term ``United States'' means the
several States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(8) United states depository institution.--The term
``United States depository institution'' means a depository
institution organized under the laws of any State, the District
of Columbia, or the United States, including a branch or agency
of a foreign depository institution.
SEC. 4. LIMITATION ON CERTAIN CLAIMS.
No funds of the United States Government may be used to pay any
claim--
(1) that is cognizable under section 1605A of title 28,
United States Code, as added by section 1083 of the National
Defense Authorization Act for Fiscal Year 2008, for money
damages against Iraq for personal injury or death that was
caused by acts committed by an official, officer, or employee
of the Iraqi Government under Saddam Hussein; and
(2) with respect to which the waiver authority under
section 1083(d) of the National Defense Authorization Act for
Fiscal Year 2008 has been or may be exercised.
Passed the House of Representatives September 15, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Justice for Victims of Torture and Terrorism Act - Terminates the authority of the President to grant the government of Iraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the 1991 Gulf War when such government was classified as a state sponsor of terrorism, unless the President certifies to Congress that Iraq has adequately settled specified claims of U.S. soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism.
Provides an exception to the termination of such authority if the President certifies that: (1) Iraq has not compensated any foreign persons or entities for claims or liabilities incurred by or under the control of the Saddam Hussein regime, including commercial or financial claims and claims for acts against individuals similar to those described above; or (2) negotiations are ongoing with Iraq to settle the American claims, and the President believes that those negotiations are being conducted in good faith and could lead to a satisfactory settlement. Limits the latter certification period to 180 days (with authorized renewals by the President).
Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc.
Prohibits the use of any U.S. funds to pay any claim covered under this Act. | {"src": "billsum_train", "title": "A bill to terminate the authority of the President to waive, with regard to Iraq, certain provisions under the National Defense Authorization Act for Fiscal Year 2008 unless certain conditions are met."} | 1,761 | 285 | 0.596388 | 1.838101 | 0.703024 | 2.282258 | 6.455645 | 0.806452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Sabbatical Leave Grants
Act''.
SEC. 2. GRANTS TO ENCOURAGE USE OF SABBATICAL LEAVE FOR PROFESSIONAL
DEVELOPMENT.
(a) In General.--Part B of title II of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``SEC. 2212. GRANTS FOR SALARY DURING SABBATICAL LEAVE.
``(a) Program Authorized.--The Secretary may make grants to State
educational agencies and local educational agencies to pay such
agencies for one-half of the amount of the salary that otherwise would
be earned by an eligible teacher described in subsection (b), if, in
lieu of fulfilling the teacher's ordinary teaching assignment, the
teacher completes a course of study described in subsection (c) during
a sabbatical term described in subsection (d).
``(b) Eligible Teachers.--An eligible teacher described in this
subsection is a teacher who--
``(1) is employed by an agency receiving a grant under this
section to provide classroom instruction to children at an
elementary or secondary school that provides free public
education;
``(2) has secured from such agency, and any other person or
agency whose approval is required under State law, approval to
take sabbatical leave for a sabbatical term described in
subsection (d);
``(3) has submitted to the agency an application for a
subgrant at such time, in such manner, and containing such
information as the agency may require, including--
``(A) written proof--
``(i) of the approval described in
paragraph (2); and
``(ii) of the teacher's having been
accepted for enrollment in a course of study
described in subsection (c); and
``(B) assurances that the teacher--
``(i) will notify the agency in writing
within a reasonable time if the teacher
terminates enrollment in the course of study
described in subsection (c) for any reason;
``(ii) in the discretion of the agency,
will reimburse to the agency some or all of the
amount of the subgrant if the teacher fails to
complete the course of study; and
``(iii) otherwise will provide the agency
with proof of having completed such course of
study not later than 60 days after such
completion; and
``(4) has been selected by the agency to receive a
subgrant based on the agency's plan for meeting its
classroom needs.
``(c) Course of Study.--A course of study described in this
subsection is a course of study at an institution of higher education
that--
``(1) requires not less than one academic semester and not
more than one academic year to complete;
``(2) is open for enrollment for professional development
purposes to an eligible teacher described in subsection (b);
and
``(3) is designed to improve the classroom teaching of such
teachers through academic and child development studies.
``(d) Sabbatical Term.--A sabbatical term described in this
subsection is a leave of absence from teaching duties granted to an
eligible teacher for not less than one academic semester and not more
than one academic year, during which period the teacher receives--
``(1) one-half of the amount of the salary that otherwise
would be earned by the teacher, if the teacher had not been
granted a leave of absence, from State or local funds made
available by a State educational agency or a local educational
agency; and
``(2) one-half of such amount from Federal funds received
by such agency through a grant under this section.
``(e) Payments.--
``(1) To eligible teachers.--In making a subgrant to an
eligible teacher under this section, a State educational agency
or a local educational agency shall agree to pay the teacher,
for tax and administrative purposes, as if the teacher's
regular employment and teaching duties had not been suspended.
``(2) Repayment of secretary.--A State educational agency
or a local educational agency receiving a grant under this
section shall agree to pay over to the Secretary the Federal
share of any amount recovered by the agency pursuant to
subsection (b)(3)(B)(ii).
``(f) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $200,000,000 for fiscal year 2002 and
such sums as may be necessary for fiscal years 2003 through 2006. Such
sums shall be in addition to the amount authorized to be appropriated
to carry out this part under section 2003.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning with fiscal year 2002. | Teacher Sabbatical Leave Grants Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to State and local educational agencies to pay for one-half of the salaries of teachers who use approved sabbatical leave to pursue courses of study to improve their classroom teaching. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide grants to State and local educational agencies to pay such agencies for one-half of the salary of a teacher who uses approved sabbatical leave to pursue a course of study that will improve his or her classroom teaching."} | 1,043 | 68 | 0.617995 | 1.425853 | 0.791823 | 2.929825 | 17.22807 | 0.859649 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Procedures Protection
Act of 1999''.
SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
is amended by adding at the end the following new section:
``SEC. 719. EXCLUSIVITY OF POWERS AND PROCEDURES.
``Notwithstanding any Federal law (other than a Federal law that
expressly refers to this title) that would otherwise modify any of the
powers and procedures expressly applicable to a right or claim arising
under this title, such powers and procedures shall be the exclusive
powers and procedures applicable to such right or such claim unless
after such right or such claim arises the claimant voluntarily enters
into an agreement to enforce such right or resolve such claim through
arbitration or another procedure.''.
SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.
The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.) is amended--
(1) by redesignating sections 16 and 17 as sections 17 and
18, respectively; and
(2) by inserting after section 15 the following new section
16:
``SEC. 16. EXCLUSIVITY OF POWERS AND PROCEDURES.
``Notwithstanding any Federal law (other than a Federal law that
expressly refers to this Act) that would otherwise modify any of the
powers and procedures expressly applicable to a right or claim arising
under this Act, such powers and procedures shall be the exclusive
powers and procedures applicable to such right or such claim unless
after such right or such claim arises the claimant voluntarily enters
into an agreement to enforce such right or resolve such claim through
arbitration or another procedure.''.
SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973.
Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) is
amended by adding at the end the following new subsection:
``(c) Notwithstanding any Federal law (other than a Federal law
that expressly refers to this title) that would otherwise modify any of
the powers and procedures expressly applicable to a right or claim
arising under section 501, such powers and procedures shall be the
exclusive powers and procedures applicable to such right or such claim
unless after such right or such claim arises the claimant voluntarily
enters into an agreement to enforce such right or resolve such claim
through arbitration or another procedure.''.
SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990.
Section 107 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12117) is amended by adding at the end the following new
subsection:
``(c) Notwithstanding any Federal law (other than a Federal law
that expressly refers to this Act) that would otherwise modify any of
the powers and procedures expressly applicable to a right or claim
based on a violation described in subsection (a), such powers and
procedures shall be the exclusive powers and procedures applicable to
such right or such claim unless after such right or such claim arises
the claimant voluntarily enters into an agreement to enforce such right
or resolve such claim through arbitration or another procedure.''.
SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES.
Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended by
adding at the end the following new subsection:
``(d) Notwithstanding any Federal law (other than a Federal law
that expressly refers to this section) that would otherwise modify any
of the powers and procedures expressly applicable to a right or claim
concerning making and enforcing a contract of employment under this
section, such powers and procedures shall be the exclusive powers and
procedures applicable to such right or such claim unless after such
right or such claim arises the claimant voluntarily enters into an
agreement to enforce such right or resolve such claim through
arbitration or another procedure.''.
SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR LABOR
STANDARDS ACT OF 1938.
Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) is amended by adding at the end the following new paragraph:
``(5) Notwithstanding any Federal law (other than a Federal law
that expressly refers to this Act) that would otherwise modify any of
the powers and procedures expressly applicable to a right or claim
arising under this subsection, such powers and procedures shall be the
exclusive powers and procedures applicable to such right or such claim
unless after such right or such claim arises the claimant voluntarily
enters into an agreement to enforce such right or resolve such claim
through arbitration or another procedure.''.
SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.
Title IV of the Family and Medical Leave Act of 1993 (29 U.S.C.
2651 et seq.) is amended--
(1) by redesignating section 405 as section 406; and
(2) by inserting after section 404 the following new
section:
``SEC. 405. EXCLUSIVITY OF REMEDIES.
``Notwithstanding any Federal law (other than a Federal law that
expressly refers to this Act or a provision of subchapter V of chapter
63 of title 5, United States Code) that would modify any of the powers
and procedures expressly applicable to a right or claim arising under
this Act or under such subchapter such powers and procedures shall be
the exclusive powers and procedures applicable to such right or such
claim unless after such right or such claim arises the claimant
voluntarily enters into an agreement to enforce such right or resolve
such claim through arbitration or another procedure.''.
SEC. 9. AMENDMENT TO TITLE 9, UNITED STATES CODE.
Section 14 of title 9, United States Code, is amended--
(1) by inserting ``(a)'' before ``This''; and
(2) by adding at the end the following new subsection:
``(b) This chapter shall not apply with respect to a claim of
unlawful discrimination in employment if such claim arises from
discrimination based on race, color, religion, sex, national origin,
age, or disability.''.
SEC. 10. APPLICATION OF AMENDMENTS.
The amendments made by this Act shall apply with respect to claims
arising not later than the date of enactment of this Act. | Civil Rights Procedures Protection Act of 1999 - Amends specified Federal civil rights statutes (including title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the equal pay requirement under the Fair Labor Standards Act of 1938, and the Family and Medical Leave Act of 1993) to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability. | {"src": "billsum_train", "title": "Civil Rights Procedures Protection Act of 1999"} | 1,508 | 122 | 0.514857 | 1.489785 | 0.560573 | 6.095238 | 12.4 | 0.933333 |
SECTION 1. SMALL BUSINESS EXCLUSION.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS.
``(a) In General.--The value of the gross estate shall not include
the value of the qualified small business or family farm interests of
the decedent otherwise includible in the estate.
``(b) Qualified Small Business or Family Farm Interest.--
``(1) In general.--For purposes of this section, the term
`qualified small business or family farm interest' means--
``(A) any interest in a closely held business which
is the business of farming, if the decedent was
actively engaged in such business, and
``(B) any interest in a small business, if more
than 40 percent of the adjusted value of the gross
estate consists of the value of interests in a closely
held business.
``(2) Limitation.--Such term shall not include any interest
in a trade or business not described in section 542(c)(2), if
more than 35 percent of the adjusted ordinary gross income of
such trade or business for the taxable year which includes the
date of the decedent's death would qualify as personal holding
company income (as defined in section 543(a)).
``(3) Rules regarding ownership.--
``(A) Ownership of entities.--For purposes of
paragraph (1)--
``(i) Corporations.--Ownership of a
corporation shall be determined by the holding
of stock possessing the appropriate percentage
of the total combined voting power of all
classes of stock entitled to vote and the
appropriate percentage of the total value of
shares of all classes of stock.
``(ii) Partnerships.--Ownership of a
partnership shall be determined by the owning
of the appropriate percentage of the capital
interest in such partnership.
``(B) Ownership of tiered entities.--For purposes
of this section, if by reason of holding an interest in
a trade or business, a decedent or any member of the
decedent's family is treated as holding an interest in
any other trade or business--
``(i) such ownership interest in the other
trade or business shall be disregarded in
determining if the ownership interest in the
first trade or business is a qualified small
business interest, and
``(ii) this section shall be applied
separately in determining if such interest in
any other trade or business is a qualified
small business interest.
``(C) Individual ownership rules.--For purposes of
this section, an interest owned, directly or
indirectly, by or for an entity described in paragraph
(1) shall be considered as being owned proportionately
by or for the entity's shareholders, partners, or
beneficiaries. A person shall be treated as a
beneficiary of any trust only if such person has a
present interest in such trust.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Interest in closely held business.--The term
`interest in a closely held business' has the meaning given
such term by section 6166(b).
``(2) Interest in a small business.--The term `interest in
a small business' means an interest in a closely held business,
as defined in section 6166(b), provided such a business has 100
or fewer employees. For purposes of the preceding sentence, any
persons whose relationship is described in section 267(b) or
section 707(b) shall be treated as one business.
``(3) Adjusted gross estate.--The term `adjusted value of
the gross estate' means the value of the gross estate
(determined without regard to this section) reduced by any
amount deductible under paragraph (3) or (4) of section
2053(a).
``(4) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(b)(5) (relating to special
rules for surviving spouses).
``(C) Section 2032A(e)(10) (relating to community
property).
``(D) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(E) Section 6166(b)(3) (relating to farmhouses
and certain other structures taken into account).
``(5) Coordination with other estate tax benefits.--If
there is a reduction in the value of the gross estate under
this section--
``(A) the dollar limitation applicable under
section 2032A(a)(2), and
``(B) the $1,000,000 dollar amount under section
6601(j)(2) (as adjusted),
shall each be reduced (but not below zero) by the amount of
such reduction.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 is amended by inserting after the item
relating to section 2033 the following new item:
``Sec. 2033A. Exclusion for small
businesses and family farms.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2000. | Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the "qualified small business or family farm interest" (as defined by this Act) otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses."} | 1,227 | 58 | 0.544539 | 1.349443 | 0.980605 | 2.884615 | 20.807692 | 0.807692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Screening Abdominal Aortic Aneurysms
Very Efficiently (SAAAVE) Act of 2005''.
SEC. 2. MEDICARE COVERAGE OF ULTRASOUND SCREENING FOR ABDOMINAL AORTIC
ANEURYSMS.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(Y);
(B) by adding ``and'' at the end of subparagraph
(Z); and
(C) by adding at the end the following new
subparagraph:
``(AA) ultrasound screening for abdominal aortic aneurysm
(as defined in subsection (bbb)) for an individual who has not
been previously furnished such a ultrasound screening and who--
``(i) has a family history of abdominal aortic
aneurysm;
``(ii) manifests risk factors for cardiovascular
disease (such as smoking or hypertension);
``(iii) evidences arthrosclerotic vascular disease;
or
``(iv) has other risk factors for abdominal aortic
aneurysm as the Secretary may specify;''.
(2) by adding at the end the following new subsection:
``Ultrasound Screening for Abdominal Aortic Aneurysm
``(bbb) The term `ultrasound screening for abdominal aortic
aneurysm' means--
``(1) a procedure using sound waves (or such other
procedures using alternative technologies, of commensurate
accuracy and cost, that the Secretary may specify) provided for
the early detection of abdominal aortic aneurysm, and
``(2) includes a physician's interpretation of the results
of the procedure.''.
(b) Inclusion of Ultrasound Screening for Abdominal Aortic Aneurysm
in Screening Services for Which Education, Counseling, and Referral Is
Provided for Under Benefits for Initial Preventive Physical
Examination.--Section 1861(ww)(2) of the Social Security Act (42 U.S.C.
1395x(ww)(2)) is amended by adding at the end the following new
subparagraph:
``(L) Ultrasound screening for abdominal aortic aneurysm as
defined in section 1861(bbb).''.
(c) Payment for Ultrasound Screening for Abdominal Aortic
Aneurysm.--(1) Section 1848(j)(3) of the Social Security Act (42 U.S.C.
1395w-4(j)(3)) is amended by inserting ``(2)(AA)'' after ``(2)(W)''.
(d) Frequency and Quality Standards.--Section 1862(a)(1) of the
Social Security Act (42 U.S.C. 1395m(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (L);
(2) by striking the semicolon at the end of subparagraph
(M) and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(N) in the case of ultrasound screening for abdominal
aortic aneurysm--
``(i) which is performed more frequently than is
provided for under section 1861(s)(2)(AA); or
``(ii) which is performed by an individual or
diagnostic laboratory that does not meet quality
assurance standards established by the Secretary,
including with respect to individuals performing
ultrasound screening for abdominal aortic aneurysm
(other than physicians) and diagnostic laboratories,
that the individual or laboratory is certified by the
appropriate State licensing or certification agency or,
in the case of a services performed in a State that
does not license or certify such individuals or
laboratories, by a national certification or
accreditation organization recognized by the
Secretary;''.
(e) Non-Application of Part B Deductible.--Section 1833(b) of such
Act (42 U.S.C. 1395l(b)) is amended in the first sentence--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting ``, and (7) such deductible shall not
apply with respect to ultrasound screening for abdominal aortic
aneurysm (as defined in section 1861(bbb))'' before the period
at the end.
(f) Consultation in Establishment of Quality Assurance Standards
and Designation of Recognition of National Accreditation
Organizations.--The Secretary shall consult with national medical,
vascular technologist and sonographer societies in establishing--
(1) risk factors under section 1861(s)(2)(A)(iv) of the
Social Security Act, as added by subsection (a)(1)(C), and
(2) quality assurance standards under section
1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3).
(g) Effective Date.--The amendments made by this section shall
apply to ultrasound screenings for abdominal aortic aneurysm performed
on or after January 1, 2006.
SEC. 3. NATIONAL EDUCATIONAL AND INFORMATION CAMPAIGN.
(a) In General.--After consultation with national medical, vascular
technologist and sonographer societies, the Secretary of Health and
Human Services shall carry out a national education and information
campaign to promote awareness among health care practitioners and the
general public with respect to the importance of early detection and
treatment of abdominal aortic aneurysms.
(b) Use of Funds.--The Secretary may use amounts appropriated
pursuant to this subsection to make grants to national medical,
vascular technologist, and sonographer societies (in accordance with
procedures and criteria specified by the Secretary) to enable them to
educate practitioners and providers about matters relating to such
aneurysms.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2006 and each fiscal year thereafter such
sums as may be necessary to carry out this section. | Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of ultrasound screening for abdominal aortic aneurysms.
Directs the Secretary of Health and Human Services to carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage of ultrasound screening for abdominal aortic aneurysms under part B of the Medicare Program."} | 1,431 | 121 | 0.608781 | 1.572482 | 0.511765 | 6.308642 | 13.604938 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Girls' Access to
Education in Vulnerable Settings Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of June 2018, more than 68,000,000 people have been
displaced by disasters and conflicts around the world, the
highest number recorded since the end of World War II, of which
more than 25,000,000 people are refugees.
(2) More than half of the population of refugees are
children and, according to the United Nations High Commissioner
for Refugees, nearly 4,000,000 school-aged refugee children
lack access to primary education.
(3) Education offers socioeconomic opportunities,
psychological stability, and physical protection for displaced
people, particularly for women and girls, who might otherwise
be vulnerable to severe forms of trafficking in persons (as
such term is defined in section 103(9) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(9)), child
marriage, sexual exploitation, or economic disenfranchisement.
(4) Displaced children face considerable barriers to
accessing educational services and, because the duration of
such displacement is, on average, 26 years, such children may
spend the entirety of their childhood without access to such
services.
(5) Despite the rising need for educational services, as of
2016, less than two percent of humanitarian aid was directed
toward educational services.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is critical to ensure that children, particularly
girls, displaced by conflicts overseas are able to access
educational services because such access can combat extremism
and reduce exploitation and poverty; and
(2) the educational needs of vulnerable women and girls
should be considered in the design, implementation, and
evaluation of related United States foreign assistance policies
and programs.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) partner with and encourage other countries, public and
private multilateral institutions, and nongovernmental and
civil society organizations, including faith-based
organizations and organizations representing parents and
children, to support efforts to ensure that displaced children
have access to safe primary and secondary education;
(2) work with donors to enhance training and capacity-
building for the governments of countries hosting significant
numbers of displaced people to design, implement, and monitor
programs to effectively address barriers to such education; and
(3) coordinate with the governments of countries hosting
significant numbers of displaced people to--
(A) promote the inclusion of displaced children
into the educational systems of such countries; and
(B) in circumstances in which such inclusion is
difficult, develop innovative approaches to providing
safe primary and secondary educational opportunities,
such as encouraging schools to permit children to be
educated by extending the hours of schooling or
expanding the number of teachers.
SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR
DISPLACED CHILDREN.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development are authorized
to prioritize and advance ongoing efforts to support programs that--
(1) provide safe primary and secondary education for
displaced children;
(2) build the capacity of institutions in countries hosting
displaced people to prevent discrimination against displaced
children, especially displaced girls, who seek access to such
education; and
(3) help increase the access of displaced children,
especially displaced girls, to educational, economic, and
entrepreneurial opportunities, including through the
governmental authorities responsible for educational or youth
services in such host countries.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator are authorized to coordinate with the World Bank,
appropriate agencies of the United Nations, and other relevant
multilateral organizations to work with governments in other countries
to collect relevant data, disaggregated by age and gender, on the
ability of displaced people to access education and participate in
economic activity, in order to improve the targeting, monitoring, and
evaluation of related assistance efforts.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator are authorized to
work with private sector and civil society organizations to promote
safe primary and secondary education for displaced children.
SEC. 6. REPORT.
The Secretary and the Administrator shall include in the report
required under section 7 of the READ Act (division A of Public Law 115-
56; 22 U.S.C. 2151c note) a description of any primary or secondary
educational services supported by programs for natural or manmade
disaster relief or response that specifically address the needs of
displaced girls.
Passed the Senate December 12, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1580
_______________________________________________________________________
AN ACT
To enhance the transparency, improve the coordination, and intensify
the impact of assistance to support access to primary and secondary
education for displaced children and persons, including women and
girls, and for other purposes. | Protecting Girls' Access to Education in Vulnerable Settings Act This bill urges the consideration of the educational needs of vulnerable women and girls in designing, implementing, and evaluating U.S. foreign assistance policies and programs. The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children. | {"src": "billsum_train", "title": "Protecting Girls\u2019 Access to Education in Vulnerable Settings Act"} | 1,057 | 201 | 0.602261 | 1.852801 | 0.976006 | 4.955801 | 6.01105 | 0.878453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Protection Act of 2013''.
SEC. 2. MAPPING OF NON-STRUCTURAL FLOOD MITIGATION FEATURES.
Section 100216 of the Biggert-Waters Flood Insurance Reform Act of
2012 (42 U.S.C. 4101b) is amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi);
(C) by inserting after clause (iv) the following
new clause:
``(v) areas that are protected by pumping
stations, decertified levees, or non-Federal or
non-structural flood protection measures;
and''; and
(D) in clause (vi) (as so redesignated), by
striking ``flood control structures'' and inserting
``flood control structures, pumping stations,
decertified levees, or non-Federal or non-structural
flood mitigation measures''; and
(2) in subsection (d)(1)--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (B) through (D), respectively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) work with States, local communities, and
property owners to identify areas and measures
described in subsection (b)(1)(A)(v);''.
SEC. 3. APPLYING CIRCULAR WIND MODELS TO FLOOD INSURANCE RATE MAPS.
Section 100216(b)(3) of the Biggert-Waters Flood Insurance Reform
Act of 2012 (42 U.S.C. 4101b(b)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) in consultation with the Secretary of the
Army, acting through the Chief of Engineers, any
relevant information that leads to the appropriate use
of circular wind models for the application of
stillwater elevation calculations; and''.
SEC. 4. HOME IMPROVEMENT FAIRNESS.
Section 1307(a)(2)(E)(ii) of the National Flood Insurance Act of
1968 (42 U.S.C. 4014(a)(2)(E)(ii)) is amended by striking ``30
percent'' and inserting ``50 percent''.
SEC. 5. CONSTRUCTION AND RESTORATION OF FLOOD PROTECTION SYSTEMS.
(a) Adequate Progress on Construction of Flood Protection
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(e)) is amended--
(1) in the first sentence, by inserting ``or
reconstruction'' after ``construction'';
(2) in the second sentence, by striking ``construction of a
flood protection system as required herein has been only if''
and inserting ``construction or reconstruction of a flood
protection system has been made only if, based on the present
value of the completed system''; and
(3) by adding at the end the following new sentence: ``The
Administrator shall not consider the level of Federal funding
of or participation in the construction or reconstruction of a
flood protection system in determining whether adequate
progress on such construction has been made.''.
(b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(f)) is amended in the first sentence by striking ``no longer does
so.'' and inserting the following: ``no longer does so, and shall apply
without regard to the level of Federal funding of or participation in
the restoration of the flood protection system.''.
SEC. 6. STATE AND LOCAL GOVERNMENT FLEXIBILITY.
The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
is amended by inserting after section 1308 the following:
``SEC. 1308A. STATE AND LOCAL GOVERNMENT FLEXIBILITY.
``(a) In General.--The Administrator shall issue regulations to
establish a means by which a State or local government may, on its own
accord or in conjunction with other State or local governments, submit
such payments to the Administrator as are necessary to cover part or
all of the cost of any premium for any property within the jurisdiction
of the State or local government.
``(b) Risk Premium Rate.--The Administrator shall, under the
regulations issued under subsection (a), require that the amount of any
payment from a State or local government under such regulations be
consistent with sections 1307 and 1308.''.
SEC. 7. APPROPRIATE CREDIT FOR FLOOD CONTROL STRUCTURES.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following:
``(k) Actual Protection Provided by Levee Systems.--The
Administrator may not publish a flood insurance rate map or an update
to a flood insurance rate map for an area unless--
``(1) the flood insurance rate map or update adequately
reflects the level of protection provided by any flood
protection system for such area, including a pumping station,
decertified levee, or non-Federal or non-structural flood
mitigation measure, against the 100-year frequency flood,
regardless of the accreditation status of the flood protection
system; or
``(2) the community for which a flood protection system
provides protection elects not to provide the data necessary
for the Administrator to publish a flood insurance rate map or
update that adequately reflects the protection provided by the
flood protection system against the 100-year frequency
flood.''.
SEC. 8. INTEGRATION OF REVISED LEVEE ANALYSIS AND MAPPING PROCEDURES.
Notwithstanding any other provision of law, paragraphs (1) and (2)
of section 1307(g) of the National Flood Insurance Act of 1968 (42
U.S.C. 4014(g)) shall have no force or effect with respect to a
property until--
(1) the Administrator of the Federal Emergency Management
Agency publishes or updates a flood insurance rate map for the
area in which the property is located that adequately reflects
the protection provided by any flood protection system for such
area, including a pumping station, decertified levee, or non-
Federal or non-structural flood mitigation measure, against the
100-year frequency flood, without regard to the accreditation
status of the flood protection system; or
(2) the community in which such property is located elects
not to provide the data necessary for the Administrator to
publish a flood insurance rate map or update that adequately
reflects the protection provided by any flood protection
system, including a pumping station, decertified levee, or non-
Federal or non-structural flood mitigation measure.
SEC. 9. ALTERNATIVE APPROACH FOR ASSESSING AND PRICING FLOOD RISK.
It is the sense of the House of Representatives that--
(1) there should be established in the House of
Representatives a Bipartisan Task Force on Innovation in
Financing Flood Risk with the primary purpose of compiling data
and information on innovative market-based solutions to make
flood insurance more accessible and affordable for all
Americans; and
(2) such Task Force should--
(A) consult with flood risk management stakeholder
groups, insurers, reinsurers, State regulators, and
financial experts knowledgeable and interested in
finding innovative new rate methodologies and
approaches to financing flood risk, including insurance
risk securitization;
(B) compile information on existing risk assessment
methodologies that--
(i) identify and standardize broader types
of risks, hazards, structures, and losses, at a
granular level, faced by property owners and
communities, that helps investors, buyers,
regulators, and policymakers finding a
methodology to facilitate transparency and
liquidity while reducing risk and increasing
asset value through the clear reduction of risk
uncertainty;
(ii) encourage transparency in the
development of Flood Insurance Rate Maps that
the Federal Emergency Management Agency uses to
assign risk in flood-risk zones;
(iii) introduce financial or non-financial
risk determination, analysis, and valuation of
individual mortgages and housing transactions
in a unified approach that includes engineering
structures and environmental risks in the
pricing by risk elements of catastrophe-linked
products;
(iv) integrate different approaches
(financial, actuarial, and engineering) into
one pricing framework that complements modern
flood risk analysis and captures potential
losses as accurately as possible;
(v) granulate the risks and value and offer
risk-differentiated and risk-specific solutions
so that any differentiated risk can be
redistributed and diversified in numerous ways;
(vi) explore transparency indexes that link
monetary value to risk disclosure; and
(vii) average national catastrophic insured
losses and appropriately assign weights and
risk values to equitably distribute
catastrophic, all-peril insurance risk;
(C) consider the relationship between new
transparent, benchmark pricing of flood insurance-
linked securitization and structured catastrophe
derivatives that integrates engineering, financial, and
actuarial parameters to reduce the cost of mitigating
financial losses due to floods;
(D) evaluate options for--
(i) educating policyholders on methods for
risk mitigation;
(ii) integrating policyholder and capital
market participants, including investors, in
the entire risk-financing process to
demonstrate or feature specific system measures
that increase asset value; and
(iii) expressing different ways to
incentivize both the financial markets and the
individual market participant to update all
risk disclosures and risk-remediating actions
on an individual basis; and
(E) not later than 180 days after the date of the
enactment of this Act, report findings, options, and
recommendations to the House of Representatives with
regard to the consideration of future flood-risk
analysis and risk innovation in pricing. | Home Protection Act of 2013 - Amends the Biggert-Waters Flood Insurance Reform Act of 2012 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to review, update, maintain, and publish National Flood Insurance Program rate maps under the National Flood Mapping Program with respect to areas protected by pumping stations, decertified levees, or non-federal or non-structural flood protection and mitigation measures, as well as the level of protection they provide. Directs the Administrator to: (1) work with states, local communities, and property owners to identify such areas and measures; and (2) include in flood map updates any relevant information that leads to the appropriate use of circular wind models for the application of stillwater elevation calculations. Amends the National Flood Insurance Act of 1968 to prohibit the Administrator from estimating flood insurance premium rates for property which, after July 6, 2012, has experienced or sustained substantial improvement exceeding 50% (currently 30%) of its fair market value. Makes eligible for flood insurance coverage any communities that have made adequate progress, acceptable to the Administrator, on reconstruction of a flood protection system which will afford protection from the 100-year frequency flood. Prohibits the Administrator, in determining whether adequate progress on construction or reconstruction has been made, from considering the level of federal funding involved in the enterprise. Makes flood insurance available in communities restoring certain disaccredited flood protection systems, regardless of the level of either federal funding or participation in such restoration. Directs the Administrator to issue regulations permitting a state or local government, either on its own accord or in conjunction with other state or local governments, to submit to FEMA payments necessary to cover part or all of the cost of any premium for any property within the government's jurisdiction. Prohibits the Administrator from publishing either a flood insurance rate map or an update for an area unless: (1) it adequately reflects the level of protection provided by any flood protection system for the area, including a pumping station, decertified levee, or non-federal or non-structural flood mitigation measure, against the 100-year frequency flood, regardless of the system's accreditation status; or (2) the community for which a system provides protection elects not to give the data necessary for the Administrator to publish a rate map or update that adequately reflects such protection. Nullifies the prohibition against extending premium rate subsidies to properties not insured before July 6, 2012, or to properties purchased after that date, until either of these two conditions applies. Expresses the sense of the House of Representatives that a Bipartisan Task Force on Innovation in Financing Flood Risk should be established to: (1) compile data on innovative market-based solutions to make flood insurance more accessible and affordable, and (2) report on future flood-risk analysis and risk innovation in pricing. | {"src": "billsum_train", "title": "Home Protection Act of 2013"} | 2,297 | 593 | 0.552573 | 1.806057 | 0.70171 | 4.1337 | 3.655678 | 0.877289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Mitigation Fisheries
Coordination Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The operation of dams and other water diversion
projects are for the benefit of the American public. They
provide inexpensive energy, flood control, water storage for
municipal and agricultural purposes, and opportunities for
recreational boating and enjoyment. The construction and
operation of these Federal water resources development projects
have had impacts on many water systems and their respective
fish populations, resulting in the need to build and operate
fish hatcheries to mitigate for aquatic resources affected by
these projects.
(2) In accordance with the Fish and Wildlife Act of 1956
(16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.), the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001 et seq.), and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
United States Fish and Wildlife Service has established policy
(501 FW 2) to seek to mitigate for fish, wildlife, and their
habitats, and uses thereof, from the effects of land and water
developments.
(3) The Service currently operates fish hatcheries that are
involved in mitigation fishery activities related to
construction and operation of Federal water resources
development projects.
(4) Inconsistency in authorities to construct and operate
Federal water resources development projects has led to a
myriad of mechanisms for funding and conducting Federal
mitigation fishery activities. In most cases, Federal water
project development agencies fund mitigation fishery costs. In
some cases, the Service expends its appropriations to offset or
completely pay for mitigation fishery costs.
(5) The Service is the Federal agency through which a water
development agency will negotiate to provide reimbursement
funding or goods and services (or both) to compensate for the
impact of Federal water development projects on aquatic
resources.
(6) The water development agency should bear the financial
responsibility for mitigation fishery costs incurred by the
Service. Where applicable, the water development agency should
include the costs of fisheries mitigation caused by a
particular water development project as set forth in a fishery
mitigation plan, when eliciting reimbursement from a power
management agency for the ongoing cost of maintaining and
operating that water development project.
SEC. 3. MITIGATION FISHERY ACTIVITIES.
(a) Imposition of Charges.--The Director of the Service shall
impose a charge for conducting mitigation fishery activities.
(b) Fishery Mitigation Plans.--
(1) Development.--A charge imposed by the Service under
subsection (a) shall be paid by a water development agency in
accordance with a fishery mitigation plan developed and
approved by the Director and the head of the agency.
(2) Contents.--A fishery mitigation plan developed under
this subsection shall--
(A) describe the long-term goals and annual targets
under which the Service will conduct mitigation fishery
activities in connection with projects carried out by a
water development agency;
(B) establish charges to be imposed by the Service
on the agency for conducting the mitigation fishery
activities; and
(C) include the terms under which the agency will
make payments on the charges to the Service.
(3) Participation of states and indian tribes.--A fishery
mitigation plan under this section shall be developed in
cooperation and coordination with affected States and Indian
tribes.
(4) Renegotiation.--The Director of the Service and the
head of a water development agency shall renegotiate a fishery
mitigation plan under this subsection every 3 years to adjust
for changing mitigation fishery costs covered by the plan.
(c) Amount of Charges.--Charges imposed by the Service for
conducting mitigation fishery activities shall be reasonably related to
the mitigation fishery costs associated with the activities.
(d) Payment of Charges.--
(1) In general.--On or before the first day of each fiscal
year beginning after September 30, 2012, a water development
agency shall make a payment to the Service for that fiscal year
as required under a fishery mitigation plan developed by the
Service and the agency under subsection (b).
(2) Crediting of payments; availability of amounts.--Funds
paid to the Service under this subsection shall--
(A) be credited to the appropriation of the Service
initially charged for providing the service for which
the payment is being made;
(B) be available to the Service for expenditure in
amounts specified in appropriations Acts; and
(C) remain available until expended.
(3) Projects without fishery mitigation plans.--In the
absence of a fishery mitigation plan, the Service may conduct
mitigation fishery activities and receive funding from a water
development agency for the activities based on the terms and
conditions that applied with respect to the activities in the
prior fiscal year.
(e) Services Provided to Power Management Agencies.--If a water
development agency collects reimbursements from a power management
agency for the ongoing costs of maintaining and operating a Federal
water resources development project, the water development agency may
include, in those ongoing costs, the costs associated with the
project's fishery mitigation activities.
(f) Definitions.--In this section, the following definitions apply:
(1) Mitigation fishery activities.--The term ``mitigation
fishery activities'' means rearing and stocking of native and
nonnative fish to replace or maintain fishery resources or
harvest levels (or both) lost as a result of a Federal water
resources development project, and includes project planning,
population assessment and evaluation, genetic monitoring,
broodstock development, and fish health sampling.
(2) Mitigation fishery costs.--The term ``mitigation
fishery costs'' means the expenditures necessary to operate,
maintain, and rehabilitate mitigation fishery facilities and to
conduct mitigation fishery activities, and includes personnel,
transportation, utilities, contractual services, fish feed,
supplies, equipment, routine maintenance, deferred maintenance,
fish eggs, technical support, fish health, management and
administration, planning, and hatchery product evaluations.
(3) Mitigation fishery facility.--The term ``mitigation
fishery facility'' means a facility described in subsection (g)
that is owned and operated by the Service through the National
Fish Hatchery System for the purpose, either wholly or
substantially in part, of conducting mitigation fishery
activities.
(4) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(5) Water development agency.--The term ``water development
agency'' means the Army Corps of Engineers, the Bureau of
Reclamation, or the Tennessee Valley Authority.
(g) Listing of Mitigation Fishery Facilities.--The mitigation
fishery facilities referred to in subsection (f) are as follows:
(1) In Arkansas--
(A) Greers Ferry National Fish Hatchery; and
(B) Norfork National Fish Hatchery.
(2) In California--
(A) California-Nevada Fish Health Center; and
(B) Tehama-Colusa Fish Facility.
(3) In Colorado, Hotchkiss National Fish Hatchery.
(4) In Georgia--
(A) Chattahoochee Forest National Fish Hatchery;
and
(B) Warm Springs Fish Health Center.
(5) In Kentucky, Wolf Creek National Fish Hatchery.
(6) In Missouri, Neosho National Fish Hatchery.
(7) In Montana--
(A) Ennis National Fish Hatchery;
(B) Bozeman Fish Health Center; and
(C) Creston National Fish Hatchery.
(8) In Nevada, Lahontan National Fish Hatchery.
(9) In North Dakota--
(A) Garrison Dam National Fish Hatchery; and
(B) Valley City National Fish Hatchery.
(10) In Pennsylvania, Lamar Fish Health Center.
(11) In South Dakota, Gavins Point National Fish Hatchery.
(12) In Tennessee--
(A) Dale Hollow National Fish Hatchery; and
(B) Erwin National Fish Hatchery.
(13) In Utah, Jones Hole National Fish Hatchery.
(14) In West Virginia, White Sulphur Springs National Fish
Hatchery.
(15) In Wisconsin, LaCrosse Fish Health Center.
(16) In Wyoming--
(A) Jackson National Fish Hatchery; and
(B) Saratoga National Fish Hatchery. | National Mitigation Fisheries Coordination Act - Directs the U.S. Fish and Wildlife Service (USFWS) to impose a charge for conducting mitigation fishery activities in connection with federal water resources development projects carried out by water development agencies (Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority [TVA]). Requires such agencies to pay the charge in accordance with a fishery mitigation plan developed and approved by the USFWS Director and the agency head.
Defines "mitigation fishery activities" as rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels lost as a result of such a project, including project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling.
Requires USFWS's charges to be reasonably related to expenditures necessary to: (1) operate, maintain, and rehabilitate certain USFWS-owned and -operated mitigation fishery facilities, hatcheries, and health centers; and (2) conduct mitigation fishery activities, including expenditures for personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and hatchery product evaluations.
Permits a water development agency, if it collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a federal water resources development project, to include the costs associated with the project's fishery mitigation activities. | {"src": "billsum_train", "title": "To ensure the continuation of successful fisheries mitigation programs, and for other purposes."} | 1,851 | 347 | 0.625971 | 2.197347 | 0.851795 | 5.122744 | 6.018051 | 0.913357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hope Act of 2003''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT
ORGANIZATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30A the following new section:
``SEC. 30B. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year the aggregate amount
of qualified contributions for the taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(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 investment organization.
``(2) Education investment organization.--The term
`education investment organization' means any organization
described in section 170(c)(2) if--
``(A) normally not less than 90 percent of the
annual cash contributions to such organization are
disbursed in the form of grants to students for
qualified elementary and secondary education expenses,
and
``(B) not less than \1/2\ of such disbursements are
to students who are eligible for free or reduced-cost
lunches under the school lunch program established
under the Richard B. Russell National School Lunch Act.
``(3) 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).
``(4) State credit must be taken first.--
``(A) No credit shall be allowed to a taxpayer
under this section for a taxable year unless, for the
taxable year, the taxpayer is allowed on the taxpayer's
State tax return the minimum State qualified
scholarship tax credit (as defined in section 3 of the
Children's Hope Act of 2003).
``(B) No credit shall be allowed to a taxpayer
under this section for such taxable year for any
contributions that were taken into account for purposes
of such State qualified scholarship tax credit.
``(d) Special Rules.--
``(1) 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.
``(2) Time when contributions deemed made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to an education investment organization on the
last day of the preceding taxable year if the contribution is
made on account of such taxable year and is made not later than
the time prescribed by law for filing the return for such
taxable year (not including extensions thereof).''.
(b) Scholarships From Education Investment Organizations Excluded
From Income.--Section 74 of such Code (relating to prizes and awards)
is amended by adding at the end the following new subsection:
``(d) Scholarships From Education Investment Organizations.--Gross
income does not include amounts received as a scholarship from an
education investment organization (as defined in section 30B(c)(2)) for
qualified elementary and secondary education expenses (as defined in
section 30B(c)(3)). Such scholarship shall not be taken into account
for purposes of determining eligibility for any Federal program.''.
(c) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30A the
following new item:
``Sec. 30B. Contributions to education
investment organizations.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED
SCHOLARSHIP TAX CREDIT.
(a) In General.--For purposes of section 30B(e) of the Internal
Revenue Code of 1986 (as added by section 2 of this Act) a scholarship
tax credit shall not be treated as a State qualified scholarship tax
credit unless the requirements of subsection (b) are met.
(b) Requirements Relating to State Qualified Scholarship Tax
Credit.--
(1) In general.--For purposes of subsection (a), the
requirements of this subsection are met only if--
(A) the tax credit is for an amount of not less
than $250 per taxpayer and is allowed against the State
income tax (property tax for those States that don't
have income tax) for the amount of voluntary cash
contributions made by the taxpayer during the taxable
year to a school tuition organization described in
paragraph (2),
(B) the excess of such credit over tax liability
may be carried forward for not more than five years,
(C) if the taxpayer does not require, as a
condition of the contribution, that the contribution
must benefit a specific child, and
(D) such credit is not allowable for direct
donations to private schools.
(2) School tuition organization.--For purposes of paragraph
(1), a school tuition organization is described in this
paragraph if such organization--
(A) is an organization operating in the State and
is described in section 501(c)(3), and is exempt from
tax under section 501(a), of the Internal Revenue Code
of 1986,
(B) expends at least 90 percent of its annual cash
contributions for educational scholarships or tuition
grants to children to allow them to attend any
qualified school chosen at the sole discretion of their
parents, and
(C) disburses at least 90 percent of its annual
cash contributions within one year of their receipt.
(3) Qualified school.--For purposes of paragraph (2), the
term ``qualified school'' means any elementary school or
secondary school that is located in the State in which the
taxpayer resides and does not discriminate on the basis of
race, color, handicap, familial status, or national origin and
that satisfies the requirements prescribed by State law for
such schools as of December 31, 2004.
(4) Educational scholarships or tuition grants.--The term
``educational scholarship or a tuition grant'' means any
scholarship or grant awarded for qualified elementary and
secondary education expenses (as defined in section 530(b)(4)
of the Internal Revenue Code of 1986).
(c) State.--For purposes of this section, the term ``State'' means
any of the several States. | Children's Hope Act of 2003 - Amends the Internal Revenue Code to provide for a credit ($100, $200 for joint return) which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations (as defined by this Act) that provide qualifying assistance for elementary and secondary education. Excludes from gross income amounts received from an education investment organization for qualified elementary and secondary education expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a credit which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations that provide assistance for elementary and secondary education."} | 1,575 | 100 | 0.583383 | 1.385891 | 1.410352 | 2.677778 | 15.444444 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Protection and Baby Switching
Prevention Act of 2011''.
SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF
SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION
AND BABY SWITCHING.
(a) Agreements With Hospitals.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (V), by striking ``and'' at the end;
(2) in the subparagraph (W) added by section 3005(1)(C) of
Public Law 111-148, by moving its margin 2 ems to the left and
by striking the period at the end and inserting a comma;
(3) in the subparagraph (W) added by section 6406(b)(3) of
such Act, by redesignating such subparagraph as subparagraph
(X), by moving its margin 2 ems to the left, and by striking
the period at the end and inserting ``, and''; and
(4) by inserting after subparagraph (X), as so
redesignated, the following new subparagraph:
``(Y) in the case of hospitals and critical access
hospitals that provide neonatal or infant care, to have in
effect security procedures that meet standards established by
the Secretary (in consultation with appropriate organizations)
to reduce the likelihood of infant patient abduction and baby
switching, including standards for identifying all infant
patients in the hospital in a manner that ensures that it will
be evident if infants are missing from the hospital.''.
(b) Regulations.--
(1) In general.--In promulgating regulations under
subparagraph (Y) of section 1866(a)(1) of the Social Security
Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the
Secretary of Health and Human Services shall--
(A) consult with various organizations representing
consumers, appropriate State and local regulatory
agencies, hospitals, and critical access hospitals;
(B) take into account variations in size and
location of hospitals and critical access hospitals,
and the percentage of overall services furnished by
such hospitals and critical access hospitals that
neonatal care and infant care represent; and
(C) promulgate specific regulations that address
each size and type of hospital covered.
(2) Deadline for publication.--Not later than 12 months
after the date of the enactment of this Act, the Secretary
shall publish the regulations required under paragraph (1). In
order to carry out this requirement in a timely manner, the
Secretary may promulgate regulations that take effect on an
interim basis, after notice and pending opportunity for public
comment.
(c) Penalties.--
(1) Amount of penalty.--A hospital that participates in the
Medicare program under title XVIII of the Social Security Act
under an agreement pursuant to section 1866 of such Act (42
U.S.C. 1395cc) that commits a violation described in paragraph
(2) is subject to a civil money penalty of not more than
$50,000 (or not more than $25,000 in the case of a hospital
with fewer than 100 beds) for each such violation.
(2) Violation described.--A hospital described in paragraph
(1) commits a violation for purposes of this subsection if the
hospital fails to have in effect security procedures that meet
standards established by the Secretary of Health and Human
Services under section 1866(a)(1)(Y) of such Act, as added by
subsection (a), to reduce the likelihood of infant patient
abduction and baby switching, including standards for
identifying all infant patients in the hospital in a manner
that ensures that it will be evident if infants are missing
from the hospital.
(3) Administrative provisions.--The provisions of section
1128A of such Act (42 U.S.C. 1320a-7a), other than subsections
(a) and (b), shall apply to a civil money penalty under this
subsection in the same manner as such provisions apply with
respect to a penalty or proceeding under section 1128A(a) of
such Act.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 18 months after the date
of the enactment of this Act, and shall apply to contracts entered into
or renewed under section 1866 of the Social Security Act (42 U.S.C.
1395cc) on or after such date.
SEC. 3. BABY SWITCHING PROHIBITED.
(a) In General.--Chapter 55 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 1205. BABY SWITCHING.
``(a) Whoever being in interstate commerce knowingly alters or
destroys an identification record of a newborn patient with the
intention that the newborn patient be misidentified by any person shall
be fined not more than $250,000 in the case of an individual and not
more than $500,000 in the case of an organization, or imprisoned not
more than ten years, or both.
``(b) As used in this section, the term `identification record'
means a record maintained by a hospital to aid in the identification of
newborn patients of the hospital, including any of the following:
``(1) The footprint, fingerprint, or photograph of the
newborn patient.
``(2) A written description of the infant.
``(3) An identification bracelet or anklet put on the
newborn patient, or the mother of the newborn patient, by a
staff member of the hospital.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 18, United States Code, is amended by adding at the
end the following new item:
``1205. Baby switching.''. | Infant Protection and Baby Switching Prevention Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to require certain hospitals reimbursed under Medicare, which also provide neonatal and infant care, to have in effect security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing. Establishes civil penalties for failure to have such security procedures in effect.
Amends the federal criminal code to prohibit and establish criminal penalties for baby switching in hospitals. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital."} | 1,319 | 132 | 0.541286 | 1.444872 | 0.614841 | 4.099099 | 10.396396 | 0.855856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wetlands Loan Act of 2007''.
SEC. 2. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY WATERFOWL
AND HABITAT.
The first section of Public Law 87-383 (16 U.S.C. 715k-3) is
amended--
(1) by striking ``That in'' and inserting the following:
``SECTION 1. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY
WATERFOWL HABITAT.
``(a) In General.--In'';
(2) by striking ``for the period'' and all that follows
through the end of the sentence and inserting ``$40,000,000 for
each of fiscal years 2009 through 2018.''; and
(3) by adding at the end the following:
``(b) Advance to Migratory Bird Conservation Fund.--Funds
appropriated pursuant to this Act shall be treated as an advance,
without interest, to the Migratory Bird Conservation Fund.
``(c) Repayment to Treasury.--
``(1) In general.--Effective beginning July 1, 2010, funds
appropriated pursuant to this Act shall be repaid to the
Treasury out of the Migratory Bird Conservation Fund.
``(2) Amounts.--Repayment under this subsection shall be
made in annual amounts that are equal to the funds accruing
annually to the Migratory Bird Conservation Fund that are
attributable to the portion of the price of migratory bird
hunting stamps sold that year that is in excess of $15 per
stamp.
``(3) Use of amounts.--In any year for which funds are not
appropriated pursuant to this Act, and no amount remains to be
repaid to the Treasury out of the Migratory Bird Conservation
Fund under paragraph (1), the total amount attributable to the
portion of the price of migratory bird hunting stamps sold for
that year that is in excess of $15 per stamp shall be deposited
in the Migratory Bird Conservation Fund.''.
SEC. 3. PRICE OF STAMPS.
Section 2 of the Migratory Bird Hunting and Conservation Stamp Act
(16 U.S.C. 718b) is amended by striking subsection (b) and inserting
the following:
``(b) Price of Stamps.--
``(1) In general.--For each stamp sold by an authorized
entity under subsection (a)(1), the authorized entity shall
collect--
``(A) $22 during each of hunting years 2009 through
2015;
``(B) $29 during each of hunting years 2016 through
2022; and
``(C) $35 during hunting year 2023 and each hunting
year thereafter.
``(2) Reports.--
``(A) Initial report.--Not later than 1 year after
the date of enactment of the Wetlands Loan Act of 2007,
the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife
Service, shall submit to Congress a report that
includes a comparison by the Secretary of the Interior
of--
``(i) the price of each stamp sold under
subsection (a)(1) during the hunting year
following the hunting year in which the
Wetlands Loan Act of 2007 was enacted; and
``(ii) for each hunting year during the
period beginning with hunting year 1991 and
ending with the hunting year in which the
Wetlands Loan Act of 2007 was enacted, the
purchasing power of the amount of revenue
generated by the total quantity of stamps sold
during the hunting year under subsection
(a)(1).
``(B) Final report.--Not later than 1 year after
the date on which the funds advanced under section 1 of
Public Law 87-383 (16 U.S.C. 715k-3) are repaid, the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, shall
submit to Congress a report that includes a comparison
by the Secretary of the Interior of--
``(i) the price of each stamp sold under
subsection (a)(1) during the hunting year in
which the funds advanced under section 1 of
Public Law 87-383 (16 U.S.C. 715k-3) are
repaid; and
``(ii) for each hunting year during the
period beginning with hunting year 1991 and
ending with the hunting year in which the funds
advanced under section 1 of Public Law 87-383
(16 U.S.C. 715k-3) are repaid, the purchasing
power of the amount of revenue generated by the
total quantity of stamps sold during the
hunting year under subsection (a)(1).''.
SEC. 4. SENSE OF CONGRESS REGARDING THE USE OF CERTAIN FUNDS.
It is the sense of Congress that--
(1) the funds generated pursuant to the amendments made by
this Act--
(A) should be used for preserving and increasing
waterfowl populations in accordance with the goals and
objectives of the North American Waterfowl Management
Plan; and
(B) to that end, should be used to supplement and
not replace current conservation funding, including
funding for other Federal and State habitat
conservation programs;
(2) where practicable, fee title acquisitions under this
Act should be managed for public access in accordance with the
requirements of any waterfowl production area designated as a
component of the National Wildlife Refuge System under section
4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd(a)(1)); and
(3) this Act and the amendments made by this Act should be
implemented in a manner that helps private landowners achieve
long-term land use objectives in a manner that enhances the
conservation of wetland and wildlife habitat. | Wetlands Loan Act of 2007 - Amends the Wetlands Loan Act to increase and extend funding for conservation of migratory waterfowl and habitat essential to the preservation of such waterfowl for FY2009-FY2018.
Requires such appropriated funds to be treated as advances to the Migratory Bird Conservation Fund, which shall be repaid to the Treasury in annual amounts that are equal to the funds accruing to such Fund attributable to the portion of the price of migratory bird hunting stamps sold that year in excess of $15 per stamp. Declares that in any year for which funds are not appropriated pursuant to this Act and no amount remains to be repaid to the Treasury, such excess amount shall be deposited into the Fund.
Amends the Migratory Bird Hunting and Conservation Stamp Act to revise provisions concerning the price of stamps. Sets forth the price of each stamp for 2009 through 2015, 2016 through 2022, and 2023 and thereafter.
Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to report to Congress on stamp price comparisons and the purchasing power of the revenue generated by the stamps.
Expresses the sense of Congress that: (1) the funds generated pursuant to this Act should be used for preserving and increasing waterfowl populations in accordance with the goals and objectives of the North American Waterfowl Management Plan and should supplement current conservation funding; (2) fee title acquisitions under this Act should be managed for public access in accordance with the requirements of any waterfowl production area designated as a component of the National Wildlife Refuge System under the National Wildlife Refuge System Administration Act of 1966; and (3) this Act should be implemented in a manner that helps private landowners achieve their long-term land use objectives in ways that enhance the conservation of wetlands and wildlife habitat. | {"src": "billsum_train", "title": "A bill to amend Public Law 87-383 to reauthorize appropriations to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetland and other waterfowl habitat essential to the preservation of migratory waterfowl, and for other purposes."} | 1,269 | 412 | 0.712087 | 2.151506 | 0.753473 | 4.906158 | 3.31085 | 0.917889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abraham Lincoln Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Abraham Lincoln, the 16th President, was one of the
Nation's greatest leaders, demonstrating true courage during
the Civil War, one of the greatest crises in the Nation's
history.
(2) Born of humble roots in present-day LaRue County,
Kentucky, on February 12, 1809, Abraham Lincoln rose to the
Presidency through a combination of honesty, integrity,
intelligence, and commitment to the United States.
(3) With the belief that all men were created equal,
Abraham Lincoln led the effort to free all slaves in the United
States.
(4) Abraham Lincoln had a generous heart, with malice
toward none and with charity for all.
(5) Abraham Lincoln gave the ultimate sacrifice for his
country, dying from an assassin's bullet on April 15, 1865.
(6) The year 2009 will be the bicentennial anniversary of
the birth of Abraham Lincoln.
(7) The Abraham Lincoln Bicentennial Commission has been
charged by Congress with planning the celebration of President
Lincoln's bicentennial.
(8) The proceeds from a commemorative coin will help fund
the celebration and the continued study of the life of
President Lincoln.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
500,000 $1 coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the life and legacy of President
Abraham Lincoln.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2009''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts and the Abraham Lincoln Bicentennial
Commission; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2009.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be promptly paid by the Secretary to
the Abraham Lincoln Bicentennial Commission to further the work of the
Commission.
(c) Audits.--The Abraham Lincoln Bicentennial Commission shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code.
Passed the Senate June 29, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 811
_______________________________________________________________________
AN ACT
To require the Secretary of the Treasury to mint coins in commemoration
of the bicentennial of the birth of Abraham Lincoln. | Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth.
Permits issuance of such coins only during the one-year period beginning on January 1, 2009.
States that only one facility of the U.S. Mint may be used to strike any particular quality of the coins.
Subjects coin sales to a surcharge of $10 per coin.
Requires all surcharges received from the sale of such coins to be promptly paid by the Secretary to the Abraham Lincoln Bicentennial Commission. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the birth of Abraham Lincoln."} | 1,206 | 140 | 0.507114 | 1.366589 | 0.746877 | 4.638655 | 9.571429 | 0.957983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape or
incest survivors had timely access to emergency contraception.
(2) A 1996 study of pregnancies resulting from rape or
incest (published in the American Journal of Obstetrics and
Gynecology) found that 50 percent of the pregnancies described
in paragraph (1) ended in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent if taken
within days of unprotected intercourse and up to 95 percent if
taken in the first 24 hours after unprotected intercourse.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered part of the standard of
care.
(9) Approximately 30 percent of United States women of
reproductive age are unaware of the availability of emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
(12) Victims of sexual assault are at increased risk of
contracting sexually transmitted diseases.
(13) Some sexually transmitted infections cannot be
reliably cured if treatment is delayed, and may result in high
morbidity and mortality. HIV has killed over 520,000
individuals in the United States, and the Centers for Disease
Control and Prevention currently estimates that over 1,000,000
individuals in the United States are infected with the virus.
Even modern drug treatment has failed to cure infected
individuals. Nearly 80,000 individuals in the United States are
infected with hepatitis B each year, with some individuals
unable to fully recover. An estimated 1,250,000 individuals in
the United States remain chronically infected with the
hepatitis B virus and at present, 1 in 5 of those infected
individuals may expect to die of liver failure.
(14) It is possible to prevent some sexually transmitted
diseases by treating an exposed individual promptly. The use of
post-exposure prophylaxis using antiretroviral drugs has been
demonstrated to effectively prevent the establishment of HIV
infection. Hepatitis B infection may also be eliminated if an
exposed individual receives prompt treatment.
(15) The Centers for Disease Control and Prevention has
recommended risk evaluation and appropriate application of
post-exposure treatment for victims of sexual assault. For such
individuals, immediate treatment is the only means to prevent a
life-threatening infection.
(16) It is essential that all hospitals that provide
emergency medical treatment provide assessment and treatment of
sexually transmitted infections to minimize the harm to victims
of sexual assault.
SEC. 3. DEFINITIONS.
In this Act:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug, drug regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), including the meaning applicable in such title
for purposes of making payments for emergency services to
hospitals that do not have agreements in effect under such
title. Such term includes a health care facility that is
located within, or that enters into a contract with, a
correctional institution or a post-secondary educational
institution.
(3) Licensed medical professional.--The term ``licensed
medical professional'' means a doctor of medicine, doctor of
osteopathy, registered nurse, physician assistant, or any other
health care professional determined to be appropriate by the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall--
(i) in the case of section 2, apply to
males and females, as appropriate;
(ii) in the case of section 4, apply only
to females; and
(iii) in the case of section 5, apply to
all individuals.
SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who arrives at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who arrives at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) Information.--The hospital promptly provides the woman
with medically and factually accurate and unbiased written and
oral information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner, and is more effective the sooner it is
taken; and
(B) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) Emergency contraception.--The hospital promptly offers
emergency contraception to the woman, and promptly provides
such contraception to her at the hospital on her request.
(3) Conditions for information.--The information provided
pursuant to paragraph (1) is in clear and concise language, is
readily comprehensible, and meets such conditions regarding the
provision of the information in languages other than English as
the Secretary may establish.
(4) Provision despite inability to pay.--The services
described in paragraphs (1) through (3) are not denied because
of the inability of the woman to pay for the services.
SEC. 5. PREVENTION OF [SEXUALLY TRANSMITTED] DISEASE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital provides risk
assessment, counseling, and treatment as required under this section to
a survivor of sexual assault described in subsection (b).
(b) Survivors of Sexual Assault.--An individual is a survivor of a
sexual assault described in this subsection if the individual--
(1) arrives at the hospital and states that the individual
is a victim of sexual assault, or is accompanied to the
hospital by another individual who declares that the first
individual is a victim of sexual assault; or
(2) arrives at the hospital and hospital personnel have
reason to believe the individual is a victim of sexual assault.
(c) Requirement for Risk Assessment, Counseling, and Treatment.--
The following shall apply with respect to a hospital described in
subsection (a):
(1) Risk assessment.--A hospital shall promptly provide a
survivor of a sexual assault with an assessment of the
individual's risk of contracting sexually transmitted
infections described in paragraph (2)(A), which assessment
shall be conducted by a licensed medical professional and be
based upon--
(A) available information regarding the assault as
well as the subsequent findings from medical
examination and any tests that may be conducted; and
(B) established standards of risk assessment which
shall include consideration of any recommendations
established by the Centers for Disease Control and
Prevention, and may also incorporate consideration of
findings of peer-reviewed clinical studies and
appropriate research utilizing in vitro and non-human
primate models of infection.
(2) Counseling.--A hospital shall provide a survivor of a
sexual assault with advice, provided by a licensed medical
professional, concerning--
(A) significantly prevalent sexually transmitted
infections for which effective post-exposure
prophylaxis exists, and for which the deferral of
treatment would either significantly reduce treatment
efficacy or pose substantial risk to the individual's
health; and
(B) the requirement that prophylactic treatment for
infections described in subparagraph (A) shall be
provided to the individual upon request, regardless of
the ability of the individual to pay for such
treatment.
(3) Treatment.--A hospital shall provide a survivor of a
sexual assault, upon request, with prophylactic treatment for
infections described in paragraph (2)(A).
(4) Ability to pay.--The services described in paragraphs
(1) through (3) shall not be denied because of the inability of
the individual involved to pay for the services.
(5) Language.--Any information provided pursuant to this
subsection shall be clear and concise, readily comprehensible,
and meet such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require that a hospital provide prophylactic treatment
for a victim of sexual assault when risk assessment (according
to recommendations established by the Centers for Disease
Control and Prevention) clearly recommends against the
application of post-exposure prophylaxis;
(2) prohibit a hospital from seeking reimbursement for the
cost of services provided under this section to the extent that
health insurance may provide reimbursement for such services;
and
(3) establish a requirement that any victim of sexual
assault submit to diagnostic testing for the presence of any
infectious disease.
SEC. 6. AGENCY CRITERIA.
Not later than 30 days prior to the expiration of the period
described in section 7, the Secretary shall publish in the Federal
Register criteria for meeting the conditions described in sections 4
and 5.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on the expiration of the 180-day period
beginning on the date of the enactment of this Act. | Compassionate Assistance for Rape Emergencies Act - Prohibits any federal funds from being provided to a hospital unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman to pay.
Prohibits any federal funds from being provided to a hospital unless the hospital provides to survivors of sexual assault, regardless of ability to pay: (1) an assessment of the individual's risk of contracting sexually transmitted infections; (2) advice concerning significantly prevalent infections for which effective post-exposure prophylaxis exists and for which the deferral of treatment either would significantly reduce treatment efficacy or would pose substantial risk to the individual's health; and (3) such prophylactic treatment for infections, upon request. | {"src": "billsum_train", "title": "A bill to provide for the provision by hospitals of emergency contraceptives to women, and post-exposure prophylaxis for sexually transmitted disease to individuals, who are survivors of sexual assault."} | 2,526 | 221 | 0.484245 | 1.394797 | 0.733225 | 3.484694 | 11.826531 | 0.97449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Standards and
Technology Authorization Act of 2002''.
TITLE I--FISCAL YEARS 2003-2005 AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.
(a) Scientific and Technical Research Services.--There are
authorized to be appropriated to the Secretary of Commerce for the
Scientific and Technical Research Services activities of National
Institute of Standards and Technology:
(1) for the Measurement Standards Laboratories $336,443,000
for fiscal year 2003 and such sums as may be necessary for
fiscal years 2004 and 2005.
(2) for the Malcolm Baldrige National Quality Program
$5,282,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 and 2005.
(b) Industrial Technology Services.--There are authorized to be
appropriated to the Secretary of Commerce for the Industrial Technology
Services activities of National Institute of Standards and Technology:
(1) for the Advanced Technology Program $185,353,000 for
fiscal year 2003 and such sums as may be necessary for fiscal
years 2004 and 2005, of which, for each fiscal year, no less
than $60,700,000 shall be obligated for new awards.
(2) for the Manufacturing Extension Partnership Program
$106,623,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 and 2005.
(c) Construction of Research Facilities.--There are authorized to
be appropriated to the Secretary of Commerce for the Construction of
Research Facilities activities of $63,750,000 for fiscal year 2003 and
such sums as may be necessary for fiscal years 2004 and 2005.
TITLE II--TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS
SEC. 201. RESEARCH FELLOWSHIPS.
Section 18 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-1) is amended by striking ``up to 1 per centum of
the'' in the first sentence.
SEC. 202. BALDRIGE NATIONAL QUALITY PROGRAM.
(a) Establishment of Program.--The National Institute of Standards
and Technology Act (15 U.S.C. 271 et seq.) is amended by--
(1) redesignating sections 23 through 32 as sections 24
through 33, respectively; and
(2) inserting after section 22 the following:
``SEC. 23. ESTABLISHMENT OF THE BALDRIGE NATIONAL QUALITY PROGRAM.
``The Baldrige National Quality Program is established
within the Institute. The purpose is to administer the Malcolm
Baldrige National Quality Award and to perform research and
outreach activities to assist other quality and performance
improvement efforts. The Baldrige National Quality Program
shall serve as a mechanism by which companies in the United
States, universities, other interested parties, and the
Institute can work together to advance quality and performance
management programs and to share and develop, as appropriate,
best practices and strategies for enhancing organizational
performance.''.
(b) Award Limit.--Section 17(c)(3) of the Stevenson-Wydler
Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(3)) is amended
to read as follows:
``(3) Not more than five awards may be made within any
subcategory in any year. No award shall be made within any
category or subcategory if there are no qualifying enterprises
in that category or subcategory.''.
(c) Category.--Section 17(c)(1)(C) of the Stevenson-Wydler
Technology Innovation Act of 1980, (15 U.S.C. 3711a(c)(1)) is amended
to read as follows:
``(C) Companies and not-for-profit organizations
that primarily provide service.''.
SEC. 203. ADVANCED TECHNOLOGY PROGRAM.
(a) University Leadership of Joint Ventures.--So much of paragraph
(1) of subsection (b) of section 29 of the National Institute of
Standards and Technology Act, as redesignated by section 202 of this
Act (formerly 15 U.S.C. 278n(b)(1)) as precedes subparagraph (A) is
amended to read as follows:
``(1) aid United States joint research and development
ventures led by industry, or by institutions of higher
education or other non-profit independent research
organizations, but which shall, in any event, include at least
two separately-owned, for-profit companies each of which
participates substantially in the joint ventures (hereafter in
this section referred to as `joint ventures'), including those
involving collaborative technology demonstration projects which
develop and test prototype equipment and processes, through--
''.
(b) Intellectual Property.--
(1) In general.--So much of paragraph (11) of subsection
(d) of section 29 of such Act, as so redesignated, as precedes
subparagraph (B) is amended to read as follows:
``(11)(A) Title to any intellectual property arising from
assistance provided under this section may vest in any company,
non-profit independent research organization or institution of
higher education, incorporated or organized in the United
States, as agreed by the members of a joint venture, or for
awards made to a single company, by the individual awardee,
receiving funding under any particular award made under this
section, notwithstanding sections 202(a) and (b) of title 35,
United States Code. The United States may reserve a
nonexclusive, nontransferable, irrevocable paid- up license, to
have practiced for or on behalf of the United States, any such
intellectual property, but shall not, in the exercise of such
license, publicly disclose proprietary information related to
the license. Title to any such intellectual property shall not
be transferred or passed, except to a company, non-profit
independent research organization, or institution of higher
education, incorporated or organized in the United States,
until the expiration of the first patent obtained in connection
with such intellectual property.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall apply to any Advanced Technology Program award made on or
after that date.
(c) Ensuring Scientific Basis of Projects.--Subsection (d) of
section 29 of such Act, as so redesignated, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12); and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) No contract or award may be made for any project
unless such project may remove a scientific or technological
barrier to product development.''.
(d) Industry and Peer Review.--Subsection (g) of section 29 of such
Act, as so redesignated, is amended to read as follows:
``(g) Industry and Peer Review of Proposals; Standard of Review.--
``(1) In order to analyze the need for or the value of
joint ventures and other research projects in specific
technical fields, to evaluate any proposal made by a joint
venture or company requesting the Secretary's assistance, or to
monitor the progress of any joint venture or any company
research project which receives Federal funds under the
Program, the Secretary, the Under Secretary of Commerce for
Technology, and the Director may, notwithstanding any other
provision of law, meet with, or enter into contracts with, such
industry or other expert sources as they consider useful and
appropriate.
``(2) The Director shall conduct a study of, and thereafter
monitor, whether the industry and other expert sources being
utilized under paragraph (1) could benefit from advice and
information from additional non-governmental sources without a
proprietary or financial interest in proposals being evaluated
in order to better assess whether specific innovations to be
pursued are being adequately supported by the private
sector.''.
(e) Institution of Higher Education Defined.--Subsection (j) of
section 29 of such Act, as so redesignated, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001(a));''.
(f) Miscellaneous.--Section 29 of such Act, as so redesignated, is
amended by adding at the end the following:
``(l) Vesting Title to Equipment.--The Secretary, acting through
the Director, may vest title to tangible personal property in any
eligible recipient under this section if--
``(1) the property is purchased with funds provided under
this section; and
``(2) the Secretary, acting through the Director,
determines that the vesting of such property furthers the
objectives of the Institute; and then the recipient shall have
no further obligation to the United States Government with
regard to equipment disposition.
``(m) No Cost Time Extension.--Notwithstanding subsections
(b)(1)(B)(ii) and (d)(4), the Director may grant extensions beyond the
deadlines established under those subsections for joint venture and
single company awardees to expend Federal funds to complete their
projects, if such extension may be granted with no additional cost to
the Federal Government and it is in the interest of the Federal
Government to do so.
``(n) Selecting Official.--
``(1) In general.--The Selecting Official designated under
part 295 of title 15, Code of Federal Regulations, shall be an
employee of the Institute who is not a political appointee. The
decision of the Selecting Official shall be final and shall not
be influenced by any political appointee of the Institute or of
the Department of Commerce.
``(2) Definition of political appointee.-- For purposes of
this subsection, the term `political appointee' means any
individual who--
``(A) is employed in a position listed in sections
5312 through 5316 of title 5 (relating to the Executive
Schedule);
``(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in the
Senior Executive Service, as defined under paragraphs
(5), (6), and (7), respectively, of section 3132(a) of
title 5; or
``(C) is employed in a position in the executive
branch of the Government of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5 of the Code of Federal
Regulations.''.
SEC. 204. MANUFACTURING EXTENSION PARTNERSHIP.
Section 26 of the National Institute of Standards and Technology
Act, as redesignated by section 202 of this Act (formerly 15 U.S.C.
278k), is amended by adding at the end the following:
``(e) Nongovernmental Organizations.--Notwithstanding any other
provision of law, when entering into procurement contracts or financial
assistance agreements for the purpose of carrying out collective
research and development initiatives pertaining to paragraph (a) of
this section, the Secretary may limit eligibility to non-profit
organizations. The Secretary may seek and accept contributions from
public and private sources to support these efforts as necessary.''.
SEC. 205. FINANCIAL AGREEMENTS.
(a) Clarification.--Section 2(b)(4) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended by
inserting ``and grants and cooperative agreements,'' after
``arrangements,''.
(b) Memberships.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(21);
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
``(22) notwithstanding subsection (b)(4) of this section,
the Grants and Cooperative Agreements Act (31 U.S.C. 6301-
6308), the Competition in Contracting Act (31 U.S.C. 3551-
3556), and the Federal Acquisition Regulations set forth in
title 48, Code of Federal Regulations, to expend appropriated
funds for National Institute of Standards and Technology
memberships in scientific organizations, registration fees for
attendance at conferences, and sponsorship of conferences in
furtherance of technology transfer; and''.
SEC. 206. WORKING CAPITAL FUND.
Section 12 of the National Institute of Standards and Development
Act (15 U.S.C. 278b) is amended by adding at the end the following:
``(g) Amount and Source of Transfers.--Not to exceed one-quarter
per centum of the amounts appropriated to the Institute for any fiscal
year may be transferred to the fund, in addition to any other transfer
authority. In addition, funds provided to the Institute from other
Federal agencies for the purpose of production of Standard Reference
Materials may be transferred to the fund.''.
SEC. 207. OUTDATED SPECIFICATIONS.
(a) Redefinition of Metric System.--The Metric System Act of 1866
(15 U.S.C. 205; 14 Stat. 339, 340) is amended by striking the text of
section 2 and inserting the following:
``The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.''.
(b) Repeal of Redundant and Obsolete Authority.--The Act of July
21, 1950, entitled, ``An Act To redefine the units and establish the
standards of electrical and photometric measurements of 1950'' (15
U.S.C. 223, 224) is hereby repealed.
(c) Standard Time.--The first section of the Act of March 19, 1918,
(15 U.S.C 261; commonly known as the Calder Act) is amended--
(1) by inserting ``(a) In General.--'' before ``For the
purpose'';
(2) by striking the second sentence and the extra period
after it and inserting ``Except as provided in section 3(a) of
the Uniform Time Act of 1966, the standard time of the first
zone shall be Coordinated Universal Time retarded by 4 hours;
that of the second zone retarded by 5 hours; that of the third
zone retarded by 6 hours; that of the fourth zone retarded by 7
hours; that of the fifth zone retarded 8 hours; that of the
sixth zone retarded by 9 hours; that of the seventh zone
retarded by 10 hours; that of the eighth zone retarded by 11
hours; and that of the ninth zone shall be Coordinated
Universal Time advanced by 10 hours.''; and
(3) adding at the end the following:
``(b) Coordinated Universal Time Defined.--In this section, the
term `Coordinated Universal Time' means the time scale maintained
through the General Conference of Weights and Measures and interpreted
or modified for the United States by the Secretary of Commerce.''.
SEC. 208. RETENTION OF DEPRECIATION SURCHARGE.
Section 14 of the National Institute of Standards and Technology
Act (15 U.S.C. 278d) is amended--
(1) by inserting ``(a) In General.--'' before ``Within'';
and
(2) adding at the end the following:
``(b) Retention of Fees.--The Director is authorized to retain all
building use and depreciation surcharge fees collected pursuant to OMB
Circular A-25. Such fees shall be collected and credited to the
Construction of Research Facilities Appropriation Account for use in
maintenance and repair of National Institute of Standards and
Technology's existing facilities.''.
SEC. 209. NON-ENERGY INVENTIONS PROGRAM.
Section 28 of the National Institute of Standards and Technology
Act, as redesignated by section 202 of this Act (formerly 15 U.S.C.
278m), is repealed. | National Institute of Standards and Technology Authorization Act of 2002 - Authorizes appropriations to the Secretary of Commerce for: (1) Scientific and Technical Research Services activities of the National Institute of Standards and Technology (NIST) for the Measurement Standards Laboratories and the Malcomb Baldrige National Quality Program; and (2) Industrial Technology Services activities of NIST for the Advanced Technology Program and the Manufacturing Extension Partnership Program; and (3) Construction of Research Facilities activities.Amends the National Institute of Standards and Technology Act to remove the one percent limit on NIST funds the Director of NIST is authorized to expend for awards of research fellowships and other financial assistance to students.Establishes the Baldrige National Quality Program within NIST to administer the Malcolm Baldrige National Quality Award and to perform research and outreach activities to assist quality and performance improvement efforts. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to: (1) increase the number of Malcolm awards; and (2) include not-for-profit organizations as qualifying organizations.Modifies NIST Act provisions regarding the Advanced Technology Program, including by authorizing: (1) the Secretary to aid U.S. joint research and development (R&D) ventures led by institutions of higher education or other nonprofit research organizations; and (2) the Secretary, the Under Secretary of Commerce for Technology, and the Director to enter into contracts with experts to analyze the need for or value of joint ventures in specific technical fields.Authorizes: (1) the Secretary, when entering into procurement contracts or financial assistance agreements to carry out collective R&D initiatives, to limit eligibility to nonprofit organizations; and (2) the Director to retain building use and depreciation surcharge fees for maintenance and repair of NIST facilities.Repeals provisions requiring the Director to establish a non-energy inventions program. | {"src": "billsum_train", "title": "A bill to authorize appropriations for the programs of the Department of Commerce's National Institute of Standards and Technology, to amend the National Institute of Standards and Technology Act, and for other purposes."} | 3,662 | 385 | 0.610879 | 1.990107 | 0.736206 | 3.545723 | 9.474926 | 0.908555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Welfare for Big Oil Act of
2013''.
TITLE I--REPEAL OF OIL AND GAS SUBSIDIES
Subtitle A--Close Big Oil Tax Loopholes
SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Major Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a major integrated oil company (as defined in
section 167(h)(5)(B)) to a foreign country or possession of the
United States for any period shall not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or
possession.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, transportation, or
distribution of oil, natural gas, or any primary
product (within the meaning of subsection (d)(9))
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to amounts paid or incurred by a taxpayer in
any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.
SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (as defined in section 167(h)(5)(B)), the
allowance for percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Application With Respect to Major Integrated Oil Companies.--
This section shall not apply to amounts paid or incurred by a taxpayer
in any taxable year in which such taxpayer is a major integrated oil
company (as defined in section 167(h)(5)(B)).''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.
Subtitle B--Outer Continental Shelf Oil and Natural Gas
SEC. 111. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
ROYALTY RELIEF.
(a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
(b) Limitation on Application.--The repeal under subsection (a)
shall not affect the application of the repealed sections with respect
to any lease sale for which a notice of sale is published before the
date of enactment of this Act.
TITLE II--BUDGETARY EFFECTS
SEC. 201. DEFICIT REDUCTION.
The net amount of any savings realized as a result of the enactment
of this Act and the amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act) shall be
deposited in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the Federal
debt in such manner as the Secretary of the Treasury considers
appropriate. | End Welfare for Big Oil Act of 2013 - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. | {"src": "billsum_train", "title": "End Welfare for Big Oil Act of 2013"} | 1,720 | 267 | 0.483581 | 1.463765 | 0.710758 | 2.149194 | 5.637097 | 0.762097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greater Access To Education Act of
2007''.
SEC. 2. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE
SCHOLARSHIP CREDIT.
(a) Qualified Tuition and Related Expenses Expanded To Include Room
and Board, Books, Supplies, and Equipment.--Paragraph (1) of section
25A(f) of the Internal Revenue Code of 1986 (defining qualified tuition
and related expenses) is amended by adding at the end the following new
subparagraph:
``(D) Additional expenses allowed for hope
scholarship credit.--For purposes of the Hope
Scholarship Credit, such term shall, with respect to
any academic period, include--
``(i) reasonable costs for such period
incurred by the eligible student for room and
board while attending the eligible educational
institution, and
``(ii) fees, books, supplies, and equipment
required for such period for courses of
instruction at the eligible educational
institution.''.
(b) Hope Scholarship Credit Not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the Hope
Scholarship Credit, paragraph (2) shall not apply to amounts
paid for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Expanded Hope Expenses Not Subject to Information Reporting
Requirements.--Subsection (e) of section 6050S of such Code (relating
to definitions) is amended by striking ``subsection (g)(2)'' and
inserting ``subsections (f)(1)(D) and (g)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2006 (in tax years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 3. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE.
(a) Credit To Be Refundable.--Section 25A of the Internal Revenue
Code of 1986 (relating to Hope and Lifetime Learning credits), as
amended by section 2, is hereby moved to subpart C of part IV of
subchapter A of chapter 1 of such Code (relating to refundable credits)
and inserted after section 35.
(b) Technical Amendments.--
(1) Section 36 of the Internal Revenue Code of 1986 is
redesignated as section 37.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 36.
(3) Paragraph (1) of section 36(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(4) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 36(g)(2)''.
(5) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(6) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 36(g)(2)'',
(B) by striking ``section 25A(f)(2)'' in the matter
following paragraph (2)(B) and inserting ``section
36(f)(2)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 36(b)(3)''.
(7) Section 222 of such Code is amended--
(A) by striking ``section 25A'' in subparagraph (A)
of subsection (c)(2) and inserting ``section 36'',
(B) by striking ``section 25A(f)'' in subsection
(d)(1) and inserting ``section 36(f)'', and
(C) by striking ``section 25A(g)(2)'' in subsection
(d)(1) and inserting ``section 36(g)(2)''.
(8) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (c)(3)(B)(v) and inserting ``section
36'', and
(C) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
36(b)(3)''.
(9) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (d)(2)(C)(i) and inserting ``section
36'', and
(C) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
36(g)(2)''.
(10) Subsection (e) of section 6050S of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(11) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 36(g)(1)''.
(12) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 36 of such Code''.
(13) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following:
``Sec. 36. Hope and Lifetime Learning credits.
``Sec. 37. Overpayments of tax.''.
(14) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Greater Access to Education Act of 2007 - Amends Internal Revenue Code provisions relating to the Hope Scholarship tax credit to: (1) include room, board, fees, books, supplies, and equipment as expenses eligible for such credit; (2) exclude Pell and Supplemental Educational Opportunity Grants from types of scholarship assistance which reduce the allowable amount of such credit; and (3) exempt certain expenses eligible for such credit from tax information reporting requirements.
Makes the Hope Scholarship and Lifetime Learning tax credits refundable. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand expenses which qualify for the Hope Scholarship Credit and to make the Hope Scholarship Credit and the Lifetime Learning Credit refundable."} | 1,589 | 104 | 0.654631 | 1.704816 | 0.824977 | 2.326531 | 13.459184 | 0.836735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historic Tax Credit Improvement Act
of 2015''.
SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL
PROJECTS.
(a) In General.--Section 47 of the Internal Revenue Code of 1986
(relating to rehabilitation credit) is amended by adding at the end the
following new subsection:
``(e) Special Rule Regarding Certain Smaller Projects.--
``(1) In general.--In the case of any qualified
rehabilitated building or portion thereof--
``(A) which is placed in service after the date of
the enactment of this subsection, and
``(B) which is a smaller project,
subsection (a)(2) shall be applied by substituting `30 percent'
for `20 percent'.
``(2) Maximum credit.--The credit determined under this
subsection with respect to any smaller project for all taxable
years shall not exceed $750,000.
``(3) Smaller project defined.--
``(A) In general.--For purposes of this subsection,
the term `smaller project' means any qualified
rehabilitated building or portion thereof if--
``(i) the qualified rehabilitation
expenditures taken into account for purposes of
this section (or would have been so taken into
account if this subsection had been in effect
for all prior periods) with respect to the
rehabilitation are not over $3,750,000, and
``(ii) no credit was allowed under this
section for either of the 2 prior taxable years
with respect to such building.
``(B) Progress expenditures.--Credit allowable by
reason of subsection (d) shall not be taken into
account under subparagraph (A)(ii).''.
(b) Effective Date.--The amendment made by this section shall apply
to periods after the date of the enactment of this Act, under rules
similar to the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990).
SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL
PROJECTS.
(a) In General.--Section 47(e) of the Internal Revenue Code of
1986, as amended by section 2, is amended by adding at the end the
following new subsection:
``(4) Transfer of smaller project credit.--
``(A) In general.--Subject to subparagraph (B) and
such regulations or other guidance as the Secretary may
provide, the taxpayer may transfer all or a portion of
the credit allowable to the taxpayer under subsection
(a) for a smaller project.
``(B) Certification.--
``(i) In general.--A transfer under
subparagraph (A) shall be accompanied by a
certificate which includes--
``(I) the certification for the
certified historic structure referred
to in subsection (c)(3),
``(II) the taxpayer's name,
address, tax identification number,
date of project completion, and the
amount of credit being transferred,
``(III) the transferee's name,
address, tax identification number, and
the amount of credit being transferred,
and
``(IV) such other information as
may be required by the Secretary.
``(ii) Transferability of certificate.--A
certificate issued under this section to a
taxpayer shall be transferable to any other
taxpayer, except that a certificate may not be
transferred more than once.
``(C) Tax treatment relating to certificate.--
``(i) Disallowance of deduction.--No
deduction shall be allowed for the amount of
consideration paid or incurred by the
transferee.
``(ii) Allowance of credit.--The amount of
credit transferred under subparagraph (A)--
``(I) shall not be allowed to the
transferor for any taxable year, and
``(II) shall be allowable to the
transferee as a credit under this
section for the taxable year of the
transferee in which such credit is
transferred.
``(D) Recapture and other special rules.--The
taxpayer who claims a credit under this section by
reason of a transfer of an amount of credit under
subparagraph (A) with respect to a smaller project
shall be treated as the taxpayer with respect to the
smaller project for purposes of section 50.
``(E) Information reporting.--The transferor and
the transferee shall each make such reports regarding
the transfer of an amount of credit under paragraph (A)
and containing such information as the Secretary may
require. The reports required by this subsection shall
be filed at such time and in such manner as may be
required by the Secretary.
``(F) Regulations.--The Secretary shall prescribe
regulations or other guidance to carry out this
paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act.
SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION.
(a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue
Code of 1986 is amended by inserting ``50 percent of'' before ``the
adjusted basis''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY.
(a) In General.--Section 50(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(6) Special rule relating to the rehabilitation credit.--
In the case of any rehabilitation credit--
``(A) only 50 percent of such credit shall be taken
into account under paragraph (1), and
``(B) only 50 percent of any recapture amount
attributable to such credit shall be taken into account
under paragraph (2).''.
(b) Coordination With Basis Adjustment.--Section 50 of such Code is
amended by adding at the end the following:
``(e) Coordination With Basis Adjustment.--In applying the
provisions of former section 48(d)(5)(B) pursuant to subsection (d)(5)
to a lease of property eligible for the rehabilitation tax credit, the
lessee of such property shall include ratably in gross income over the
shortest recovery period that could be applicable under section 168
with respect to such property an amount equal to 50 percent of the
amount of the credit allowable under section 38 to the lessee with
respect to such property.''.
SEC. 6. SPECIAL RULES FOR DISPOSITIONS OF STATE HISTORIC TAX CREDITS.
(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 inserting after section 139E the
following new section:
``SEC. 139F. DISPOSITIONS OF STATE HISTORIC TAX CREDITS.
``(a) Exclusion From Income; Basis Reduction.--
``(1) In general.--In the case of a taxpayer who receives a
State historic tax credit and transfers such credit by sale,
allocation, or otherwise, or receives a refund of all or a
portion of such credit--
``(A) no portion of the net proceeds of such
allocation, disposition, or refund of such credit shall
constitute income to such taxpayer under section 61(a),
and
``(B) the taxpayer's basis in the property with
respect to which the State historic tax credit is
allowed shall be reduced as determined under paragraph
(2).
``(2) Determination of reduction in basis.--The reduction
in basis under paragraph (1) shall be applied--
``(A) first, against the basis in the land,
``(B) second, against so much of the basis of any
building or interest therein as was not treated as a
qualified rehabilitation expenditure by reason of
clause (ii) or (iii) of section 47(c)(2)(B), and
``(C) third, against the remaining basis in the
property.
``(D) Adjustment in basis of interest in
partnership or s corporation.--The adjusted basis of--
``(i) a partner's interest in a
partnership, or
``(ii) stock in an S corporation (as
defined in section 1361(a)(1)), shall be
appropriately adjusted to take into account
adjustments made under this subsection in the
basis of property held by the partnership or S
corporation (if any).
``(b) Election To Include in Income.--
``(1) In general.--In the case of a taxpayer who elects to
have this subsection apply--
``(A) the net proceeds of the allocation,
disposition, or refund described in subsection (a)
received by such taxpayer shall constitute income to
such taxpayer under section 61(a), and
``(B) subsection (a)(1)(B) shall not apply.
``(2) Making of election.--An election under this
subsection shall be made at such time and in such manner as the
Secretary may by regulation prescribe. Such election shall
apply for the taxable year for which it is made and for all
subsequent taxable years and may be revoked only with the
consent of the Secretary of the Treasury.
``(c) Effect on Qualified Rehabilitation Expenditures and
Rehabilitation Credits.--For purposes of determining the rehabilitation
credit allowable to a taxpayer under section 47, the transfer or
allocation of State historic tax credits with respect to any property
by a taxpayer shall not affect or reduce the amount of qualified
rehabilitation expenditures (as defined in section 47(c)(2)) incurred
in connection with such property, nor shall such transfer or
disposition, nor any basis adjustments under subsection (a), be treated
as an early disposition of investment credit property for purposes of
the recapture provisions of section 50, notwithstanding any reduction
in basis pursuant to paragraph (a)(2)(C).
``(d) State Historic Tax Credits Defined.--For purposes of this
section, the term `State historic tax credit' means any credit against
State or local tax liabilities which--
``(1) is allowable under the laws of any State or political
subdivision thereof to a taxpayer with respect to expenditures
made for the rehabilitation of property identified by such
laws, and
``(2) can be allocated, disposed, or refunded under such
laws.''.
(b) Clerical Amendment.--The table of sections for such part III is
amended by inserting after the item relating to section 139E the
following new item:
``Sec. 139F. Dispositions of State historic tax credits.''.
(c) Effective Date.--This section shall apply to transfers or
dispositions made, or refunds received, after the date of the enactment
of this Act.
SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.
(a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue
Code of 1986 (relating to tax-exempt use property) is amended by
inserting ``and subclauses (I), (II), and (III) of section
168(h)(1)(B)(ii) shall not apply'' after ``thereof''.
(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.
SEC. 8. ELIMINATING FUNCTIONALLY RELATED PROPERTIES.
(a) In General.--Section 47 of the Internal Revenue Code of 1986
(relating to rehabilitation credit), as amended by sections 2 and 3, is
amended by adding at the end the following new subsection:
``(g) Related Buildings.--Buildings that are functionally related (
as defined in Part 67.6(b)(4) of title 36, Code of Federal Regulations)
shall be treated as separate certified historic structures for purposes
of the credit allowed under this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any application to the National Park Service received after
the date of the enactment of this Act. | Historic Tax Credit Improvement Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the 2 prior taxable years (smaller projects); (2) allow the transfer of tax credit amounts for smaller projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) exempt from tax the proceeds of a state historic tax; and (5) set forth special rules for the tax treatment of tax-exempt use property and functionally-related historic structures. | {"src": "billsum_train", "title": "Historic Tax Credit Improvement Act of 2015"} | 2,816 | 178 | 0.602118 | 1.528598 | 0.880112 | 2.102273 | 13.835227 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Growth in
Manufacturing Act of 2014''.
SEC. 2. CREDIT FOR ON-THE-JOB TRAINING.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. ON-THE-JOB TRAINING CREDIT.
``(a) In General.--For the purposes of section 38, in the case of a
small business employer, the job training credit determined under this
section for the taxable year is an amount equal to 50 percent of the
qualified training expenses paid or incurred by the taxpayer during the
taxable year.
``(b) Limitations.--
``(1) In general.--The credit allowed under subsection (a)
with respect to any eligible trainee shall not exceed the
excess (if any) of $5,000 over the aggregate credit allowed to
such taxpayer under this section with respect to such eligible
trainee for all prior taxable years.
``(2) 3-year limitation on expenses per trainee.--Qualified
training expenses may be taken into account under this section
with respect to any eligible trainee only during the 3-year
period beginning on the date that such expenses were first
incurred by the taxpayer with respect to such trainee.
``(c) Small Business Employer.--For purposes of this section--
``(1) In general.--The term `small business employer' means
any employer if such employer employed an average of 500 or
fewer employees on business days during the most recent
calendar year ending before the beginning of the taxable year.
For purposes of the preceding sentence, a preceding calendar
year may be taken into account only if the employer was in
existence throughout such year.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
calendar year otherwise taken into account under paragraph (1),
the determination under paragraph (1) shall be based on the
average number of employees that it is reasonably expected such
employer will employ on business days in the current calendar
year.
``(d) Definitions.--For purposes of this section--
``(1) Qualified training expenses.--The term `qualified
training expenses' means amounts paid or incurred to an
unrelated party for--
``(A) the purchase or use of instructional
materials and equipment used exclusively for the
training of eligible trainees,
``(B) the use of classroom or other space so used,
and
``(C) teachers, trainers, and consultants engaged
in carrying out such training program.
``(2) Eligible trainee.--The term `eligible trainee' means
any employee of the taxpayer who performs services for the
employer for at least 30 hours per week while receiving the
training for which the qualified training expenses are
incurred.
``(e) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed for that portion of the qualified training expenses
(otherwise allowable as a deduction for the taxable year) which
is equal to the amount of the credit determined for such
taxable year under this section.
``(2) Aggregation.--For purposes of this section, all
persons treated as a single employer under subsection (a) or
(b) or section 52, or subsection (m) or (o) of section 414,
shall be treated as one person.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended by
striking ``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(37) in the case of a small business employer (as defined
in section 45S(c)), the job training credit determined under
section 45S(a).''.
(c) Credit Allowed Against Alternative Minimum Tax.--Section
38(c)(4)(B) of such Code is amended by redesignating clauses (vii),
(viii), and (ix) as clauses (viii), (ix), and (x), respectively, and by
inserting after clause (vi) the following new clause:
``(vii) the credit determined under section
45S,''.
(d) Technical Amendment.--Section 6501(m) of such Code is amended
by inserting ``45S(e),'' after ``45H(g),''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. On-the-job training credit.''.
(f) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to expenses paid or incurred after the date of the
enactment of this Act, in taxable years ending after such date.
(2) Minimum tax.--The amendment made by subsection (c)
shall apply to credits determined under section 45S of the
Internal Revenue Code of 1986 in taxable years ending after the
date of the enactment of this Act, and to carrybacks of such
credits.
SEC. 3. RESEARCH CREDIT MADE PERMANENT; INCREASE IN ALTERNATIVE
SIMPLIFIED RESEARCH CREDIT.
(a) Research Credit Made Permanent.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by striking subsection (h).
(2) Conforming amendments.--
(A) Subsection (c) of section 41 of such Code is
amended by striking paragraph (4).
(B) Paragraph (1) of section 45C(b) of such Code is
amended by striking subparagraph (D).
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2013.
(b) Increase in Alternative Simplified Research Credit.--
(1) In general.--Subparagraph (A) of section 41(c)(5) of
such Code (relating to election of alternative simplified
credit) is amended by striking ``14 percent (12 percent in the
case of taxable years ending before January 1, 2009)'' and
inserting ``20 percent''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act. | Small Business Growth in Manufacturing Act of 2014 - Amends the Internal Revenue Code to: (1) allow small business employers a business-related tax credit for up to 50% of qualified employee training expenses in a taxable year, (2) make permanent the tax credit for increasing research expenditures, and (3) increase the rate of the alternative simplified research tax credit. | {"src": "billsum_train", "title": "Small Business Growth in Manufacturing Act of 2014"} | 1,513 | 73 | 0.507302 | 1.195384 | 0.541487 | 1.888889 | 19.083333 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surveillance State Repeal Act''.
SEC. 2. REPEAL OF USA PATRIOT ACT.
The USA PATRIOT Act (Public Law 107-56) is repealed, and the
provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008.
(a) Repeal.--The FISA Amendments Act of 2008 (Public Law 110-261;
122 Stat. 2477) is repealed, and the provisions of law amended or
repealed by such Act are restored or revived as if such Act had not
been enacted.
(b) Exception.--Subsection (a) of this Act shall not apply to
sections 103 and 110 of the FISA Amendments Act of 2008 (Public Law
110-261; 122 Stat. 2477).
SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE SURVEILLANCE COURT;
REAPPOINTMENT; SPECIAL MASTERS.
(a) Terms; Reappointment.--Section 103(d) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(d)) is amended--
(1) by striking ``maximum of seven'' and inserting
``maximum of ten''; and
(2) by striking ``and shall not be eligible for
redesignation''.
(b) Special Masters.--Section 103(f) of such Act, as amended by
section 3 of this Act, is further amended by adding at the end the
following new paragraph:
``(4) Special Masters.--
``(A) The courts established pursuant to subsections (a)
and (b) may appoint one or more Special Masters to advise the
courts on technical issues raised during proceedings before the
courts.
``(B) In this paragraph, the term `Special Master' means an
individual who has technological expertise in the subject
matter of a proceeding before a court established pursuant to
subsection (a) or (b).''.
SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PERSONS WITHOUT REGARD TO
SPECIFIC DEVICE.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended to read as follows:
``(B) that, upon the request of the applicant, any
person or entity shall furnish the applicant forthwith
all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in
such a manner as will protect its secrecy and produce a
minimum of interference with the services that such
carrier, landlord, custodian, or other person is
providing that target of electronic surveillance;''.
SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this
Act, is further amended to read as follows:
``TITLE VII--ADDITIONAL PROVISIONS
``SEC. 701. WARRANT REQUIREMENT.
``Notwithstanding any other provision of this Act, no information
relating to a United States person may be acquired pursuant to this Act
without a valid warrant based on probable cause.''.
(b) Table of Contents Amendments.--The table of contents in the
first section of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further
amended by striking the items relating to title VII and section 701 and
inserting the following new items:
``TITLE VII--ADDITIONAL PROVISIONS
``701. Warrant requirement.''.
SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELECTRONIC DEVICES AND
SOFTWARE.
Notwithstanding any other provision of law, the Federal Government
shall not mandate that the manufacturer of an electronic device or
software for an electronic device build into such device or software a
mechanism that allows the Federal Government to bypass the encryption
or privacy technology of such device or software.
SEC. 8. GAO COMPLIANCE EVALUATIONS.
(a) In General.--The Comptroller General of the United States shall
annually evaluate compliance by the Federal Government with the
provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(b) Report.--The Comptroller General shall annually submit to
Congress a report containing the results of the evaluation conducted
under subsection (a).
SEC. 9. WHISTLEBLOWER COMPLAINTS.
(a) Authorization To Report Complaints or Information.--An employee
of or contractor to an element of the intelligence community that has
knowledge of the programs and activities authorized by the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may
submit a covered complaint--
(1) to the Comptroller General of the United States;
(2) to the Permanent Select Committee on Intelligence of
the House of Representatives;
(3) to the Select Committee on Intelligence of the Senate;
or
(4) in accordance with the process established under
section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)).
(b) Investigations and Reports to Congress.--The Comptroller
General shall investigate a covered complaint submitted pursuant to
subsection (b)(1) and shall submit to Congress a report containing the
results of the investigation.
(c) Covered Complaint Defined.--In this section, the term ``covered
complaint'' means a complaint or information concerning programs and
activities authorized by the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) that an employee or contractor reasonably
believes is evidence of--
(1) a violation of any law, rule, or regulation; or
(2) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORTING OF WASTE, FRAUD,
ABUSE, OR CRIMINAL BEHAVIOR.
(a) In General.--Notwithstanding any other provision of law, an
officer or employee of an element of the intelligence community shall
be subject to administrative sanctions, up to and including
termination, for taking retaliatory action against an employee of or
contractor to an element of the intelligence community who seeks to
disclose or discloses covered information to--
(1) the Comptroller General;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives;
(3) the Select Committee on Intelligence of the Senate; or
(4) the Office of the Inspector General of the Intelligence
Community.
(b) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means any information (including classified or sensitive
information) that an employee or contractor reasonably believes
is evidence of--
(A) a violation of any law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003). | Surveillance State Repeal Act - Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation. Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings. Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance). Prohibits information relating to a U.S. person from being acquired pursuant to FISA without a valid warrant based on probable cause. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology. Directs the Comptroller General (GAO) to report annually on the federal government's compliance with FISA. Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the Comptroller General, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a "covered complaint" as a complaint or information concerning FISA-authorized programs and activities that an employee or contractor reasonably believes is evidence of: (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Subjects an officer or employee of an element of the intelligence community to administrative sanctions, including termination, for taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information. | {"src": "billsum_train", "title": "Surveillance State Repeal Act"} | 1,814 | 585 | 0.580935 | 1.906706 | 0.764154 | 4.101053 | 3.042105 | 0.858947 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Immunization
Improvements Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Demonstration project to improve vaccination rates among
Medicare beneficiaries.
Sec. 3. Inclusion of recommended immunizations under part B of the
Medicare program with no beneficiary cost-
sharing.
Sec. 4. Vaccine administration fees.
Sec. 5. Improving vaccination rates among health care workers.
SEC. 2. DEMONSTRATION PROJECT TO IMPROVE VACCINATION RATES AMONG
MEDICARE BENEFICIARIES.
(a) Authority To Conduct Demonstration Project.--The Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall establish a demonstration project under title
XVIII of the Social Security Act to evaluate the ability of State and
local health departments to act as providers in the purchase and
reimbursement of influenza and pneumococcal vaccinations for Medicare
beneficiaries.
(b) Conduct.--
(1) Duration.--The demonstration project under this section
shall be conducted for a 3-year period.
(2) Scope.--The demonstration project shall be conducted in
up to 5 States, as determined by the Secretary, based on
consideration of the potential to result in the highest
percentage increase in influenza and pneumococcal vaccination
rates among Medicare beneficiaries in the State.
(3) Consideration of ongoing projects.--In establishing and
conducting the demonstration project under this section, the
Secretary shall take into consideration any States or local
entities that have an ongoing demonstration or memorandum of
understanding with the Secretary to be reimbursed as a Medicare
provider for the cost of an influenza and pneumococcal
vaccination administered to a Medicare beneficiary.
(4) Requirements for participating states.--Under the
demonstration project, each participating State (or local
government entity participating in the demonstration project)
shall meet the following requirements:
(A) Contract with multiple sources for the purchase
of the influenza and pneumococcal vaccine for purposes
of the demonstration project based on population.
(B) Purchase influenza and pneumococcal vaccines
using the authority provided under section 317 of the
Public Health Service Act (42 U.S.C. 247b).
(C) Distribute the influenza and pneumococcal
vaccine to participating physicians for furnishing to
Medicare beneficiaries at no cost to the physician or
beneficiary.
(D) Be a qualified Medicare provider eligible for
reimbursement under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.).
(E) Establish a formal agreement with other
appropriate Medicare providers of services and
suppliers to participate in the demonstration project.
(F) Collect such information as the Secretary shall
require on Medicare beneficiaries vaccinated under the
demonstration project in order to determine accurate
reimbursement for such vaccinations.
(c) Administration Fees.--Nothing in this section shall prevent a
provider of services or supplier under the Medicare program under title
XVIII of the Social Security Act who is participating in the
demonstration project under this section from receiving reimbursement
under such program for the administration of an influenza or
pneumococcal vaccination.
(d) No Requirement To Participate.--No provider in a participating
State shall be required to participate in the demonstration project
under this section.
(e) Funding for Education and Outreach and Vaccine Distribution.--
The Secretary shall provide for the transfer, out of amounts
appropriated under section 1115A(f) of the Social Security Act (42
U.S.C. 1315A(f)), of--
(1) $5,000,000, to the Centers for Medicare & Medicaid
Services Program Management Account for purposes of
distributing grants to States (or local government entities)
participating in the demonstration project under this section
to promote the annual vaccination of seniors against influenza
and pneumococcal; and
(2) such sums as may be necessary to carry out the activity
described in subsection (b)(4)(C).
(f) Prohibition on Use of Funds for Vaccine Purchase.--Amounts
appropriated under section 317 of the Public Health Service Act (42
U.S.C. 247b) may not be used by a State (or local government entity)
participating in the demonstration project under this section to
purchase influenza and pneumococcal vaccines under subsection
(b)(4)(B).
(g) Definition of Medicare Beneficiary.--For purposes of the
demonstration project under this section, the term ``Medicare
beneficiary'' means an individual entitled to, or enrolled for,
benefits under part A of title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) and enrolled for benefits under part B of such
title, except such term does not include an individual enrolled in a
Medicare Advantage plan under part C of such title (42 U.S.C. 1395w-21
et seq.).
(h) Waiver.--The Secretary may waive such provisions of titles XI
and XVIII of the Social Security Act as are necessary to carry out the
demonstration project under this section.
(i) Report.--Not later than 12 months after the completion of the
demonstration project under this section, the Secretary shall submit to
Congress a report on the demonstration project. Such report shall
contain the following information:
(1) The percentage of Medicare beneficiaries vaccinated
against influenza and pneumococcal by providers participating
in the demonstration project in each year in each participating
State.
(2) The estimated cost of the vaccinations (to the State
and to the Medicare beneficiary) if they had not been furnished
under the demonstration project.
(3) The estimated actual cost of the vaccinations (to the
State and to the Medicare beneficiary) furnished under the
demonstration project.
(4) The difference (if any) between the costs described in
paragraphs (2) and (3).
(5) Recommendations for such legislation and administrative
action as the Secretary determines appropriate.
SEC. 3. INCLUSION OF RECOMMENDED IMMUNIZATIONS UNDER PART B OF THE
MEDICARE PROGRAM WITH NO BENEFICIARY COST-SHARING.
(a) In General.--Paragraph (10) of section 1861(s) of the Social
Security Act (42 U.S.C. 1395x(s)) is amended to read as follows:
``(10) vaccines recommended for routine use by the Advisory
Committee on Immunization Practices (an advisory committee
established by the Secretary, acting through the Director of
the Centers for Disease Control and Prevention) and their
administration;''.
(b) Conforming Amendments.--
(1) Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended, in each of subsections (a)(1)(B), (a)(2)(G),
(a)(3)(A), and (k), by striking ``1861(s)(10)(A)'' or
``1861(s)(10)(B)'' and inserting ``1861(s)(10)'' each place it
appears.
(2) Section 1842(o)(1)(A)(iv) of the Social Security Act
(42 U.S.C. 1395u(o)(1)(A)(iv)) is amended by striking
``subparagraph (A) or (B) of''.
(3) Section 1847A(c)(6) of the Social Security Act (42
U.S.C. 1395w-3a(c)(6)) is amended by striking subparagraph (G).
(4) Section 1860D-2(e)(1) of the Social Security Act (42
U.S.C. 1395w-102(e)(1)) is amended by striking ``a vaccine''
and all that follows through ``its administration) and''.
(5) Section 1861(ww)(2)(A) of the Social Security Act (42
U.S.C. 1395x(ww)(2)(A)) is amended by striking ``Pneumococcal,
influenza, and hepatitis B'' and inserting ``Any''.
(6) Section 1866(a)(2)(A) of the Social Security Act (42
U.S.C. 1395cc(a)(2)(A)) is amended by striking
``1861(s)(10)(A)'' and inserting ``1861(s)(10)''.
(c) Effective Date.--The amendments made by this section shall
apply to vaccines administered on or after January 1, 2013.
SEC. 4. VACCINE ADMINISTRATION FEES.
(a) Review of Federally Established Maximum Allowable
Administrative Fees.--Not later than 160 days after the date of
enactment of this Act, the Administrator of the Centers for Medicare &
Medicaid Services and the Director of the Centers for Disease Control
and Prevention, jointly shall--
(1) review the regional maximum charge for vaccine
administration for each State established under the Vaccines
for Children program under section 1928 of the Social Security
Act (42 U.S.C. 1396s) to determine the appropriateness and
adequacy of such rates;
(2) update such rates, as appropriate, based on the results
of such review and taking into account all appropriate costs
related to the administration of vaccines under that program;
and
(3) establish the regional minimum charge for vaccine
administration for each State pursuant to section
1928(c)(2)(C)(iv) of such Act.
(b) Establishment of Regional Minimum Charge for Vaccine
Administration.--
(1) In general.--Section 1928(c)(2)(C) of the Social
Security Act (42 U.S.C. 1396s(c)(2)(C)) is amended--
(A) in clause (ii), by striking ``The provider
may'' and inserting ``Subject to clause (iv), the
provider may''; and
(B) by adding at the end the following new clause:
``(iv) For purposes of a provider who imposes a fee for the
administration of a qualified pediatric vaccine, the State
shall pay such provider an amount equal to the administrative
fee established under the State plan, which shall not be less
than the regional minimum charge for vaccine administration for
such State, as established by the Secretary (in conjunction
with the Director of the Centers for Disease Control and
Prevention) and updated, as appropriate, based on appropriate
costs related to administration of pediatric vaccines under
this program.''.
(c) Federal Reimbursement for Vaccine Administration for Non-
Medicaid Vaccine-Eligible Children.--
(1) In general.--Section 1928 of the Social Security Act
(42 U.S.C. 1396s), as amended by subsection (b), is further
amended--
(A) in subsection (a)(1)(B), by inserting ``and is
entitled to receive reimbursement for any fee imposed
by the provider for the administration of such vaccine
consistent with subsection (c)(2)(C) to a federally
vaccine-eligible child who is described in clause (ii),
(iii), or (iv) of subsection (b)(2),'' after ``delivery
to the provider,'';
(B) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(D) Reimbursement for vaccine administration for
non-medicaid eligible children.--The Secretary shall
pay each State such amounts as are necessary for the
State to reimburse each program-registered provider in
the State for an administration fee imposed consistent
with subsection (c)(2)(C) for the administration of a
qualified pediatric vaccine to a federally vaccine-
eligible child who is described in clause (ii), (iii),
or (iv) of subsection (b)(2).'';
(C) in subsection (c)(2)(C) by adding at the end
the following new clause:
``(v) In the case of a federally vaccine-eligible child who
is described in clause (ii), (iii), or (iv) of subsection
(b)(2), the State shall pay the provider an amount equal to the
administration fee established under the State plan approved
under this title for the administration of a qualified
pediatric vaccine to a Medicaid-eligible child.''.
(D) by striking subsection (g); and
(E) in subsection (h)(6), by striking ``a vaccine''
and inserting ``each vaccine component''.
(2) Conforming amendments.--Section 1928 of such Act (42
U.S.C. 1396s), as amended by paragraph (1), is amended--
(A) by redesignating subsection (h) as subsection
(g);
(B) in subsection (a)(1)(A), by striking ``(h)(8)''
and inserting ``(g)(8)''; and
(C) in subsection (b)(2)(A)(iv), by striking
``(h)(3)'' and inserting ``(g)(3)''.
SEC. 5. IMPROVING VACCINATION RATES AMONG HEALTH CARE WORKERS.
(a) Hospital Requirements Under Medicare.--Section 1861(e) of the
Social Security Act (42 U.S.C. 1395x(e)) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (9) as paragraph (10);
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) develops an active surveillance program to track and
record disaggregated influenza vaccination levels among health
care workers, including vaccinations obtained outside of the
facility, and reports those levels annually to the
Secretary.''; and
(4) in the eighth sentence, in each of subparagraphs (B)
and (C), by striking ``paragraph (9)'' each place it appears
and inserting ``paragraph (10)''.
(b) Skilled Nursing Facility and Nursing Facility Requirements.--
(1) Skilled nursing facilities.--Section 1819(d)(3) of the
Social Security Act (42 U.S.C. 1395i-3(d)(3)) is amended--
(A) in subparagraph (A), by striking ``, and'' and
inserting a comma;
(B) in subparagraph (B), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(C) develop an active surveillance program to
track and record disaggregated influenza vaccination
levels among health care workers, including
vaccinations obtained outside of the facility, and
report those levels annually to the Secretary.''.
(2) Nursing facilities.--Section 1919(d)(3) of the Social
Security Act (42 U.S.C. 1396r(d)(3)) is amended--
(A) in subparagraph (A), by striking ``, and'' and
inserting a comma;
(B) in subparagraph (B), by striking the period at
the end and inserting ``, and''; and
(C) by adding at the end the following new
subparagraph:
``(C) develop an active surveillance program to
track and record disaggregated influenza vaccination
levels among health care workers, including
vaccinations obtained outside of the facility, and
report those levels annually to the Secretary.''. | Immunization Improvements Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration project under title XVIII (Medicare) of the Social Security Act (SSA) to evaluate the ability of state and local health departments to act as providers in the purchase and reimbursement of influenza and pneumoccal vaccinations for Medicare beneficiaries.
Covers vaccines recommended for routine use by the Advisory Committee on Immunizations Practices and their administration under part B (Child and Family Services) of the Medicare program with no beneficiary cost-sharing.
Directs the Administrator of the Centers for Medicare and Medicaid Services and the Director of the Centers for Disease Control and Prevention (CDC) to jointly: (1) review the regional maximum charge for vaccine administration for each state established under the Vaccines for Children program to determine the appropriateness and adequacy of such rates; (2) update such rates, as appropriate, based on the results of such review and taking into account all appropriate administrative costs; and (3) establish the regional minimum charge for vaccine administration for each state.
Requires the state, for purposes of a provider who imposes a fee for the administration of a qualified pediatric vaccine, to pay such provider an amount equal to the administrative fee established under the state plan, which shall not be less than the regional minimum charge for vaccine administration for such state, as established by the Secretary.
Directs the Secretary to pay each state amounts necessary for the state to reimburse each program-registered provider in the state for an administration fee imposed for the administration of a qualified pediatric vaccine to a federally vaccine-eligible child who is not otherwise eligible under SSA title XIX (Medicaid).
Includes as a hospital for purposes of payment under Medicare an institution which develops an active surveillance program to track and record disaggregated influenza vaccination levels among health care workers, including vaccinations obtained outside of the facility, and reports those levels annually to the Secretary.
Requires skilled nursing facilities (SNFs) and nursing facilities to develop such an active surveillance program. | {"src": "billsum_train", "title": "A bill to increase immunization rates."} | 3,495 | 445 | 0.612632 | 1.920032 | 0.764367 | 6.312821 | 7.420513 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins County Rural Water System
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in 1977, the North Dakota State Legislature authorized and
directed the State Water Commission to conduct the Southwest Area
Water Supply Study, which included water service to a portion of
Perkins County, South Dakota;
(2) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal cost
share participation; and
(3) the Perkins County Rural Water System has continued to be
recognized by the State of North Dakota, the Southwest Water
Authority, the North Dakota Water Commission, the Department of the
Interior, and Congress as a component of the Southwest Pipeline
Project.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the Perkins
County Rural Water System, Inc., a nonprofit corporation
established and operated under the laws of the State of South
Dakota substantially in accordance with the feasibility study.
(2) Feasibility study.--The term ``feasibility study'' means
the study entitled ``Feasibility Study for Rural Water System for
Perkins County Rural Water System, Inc.'', as amended in March
1995.
(3) Project construction budget.--The term ``project
construction budget'' means the description of the total amount of
funds that are needed for the construction of the water supply
system, as described in the feasibility study.
(4) Pumping and incidental operational requirements.--The term
``pumping and incidental operational requirements'' means all power
requirements that are incidental to the operation of the water
supply system by the Corporation.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation.
(6) Water supply system.--The term ``water supply system''
means intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines operated
by the Perkins County Rural Water System, Inc., to the point of
delivery of water to each entity that distributes water at retail
to individual users.
SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the
Corporation for the Federal share of the costs of--
(1) the planning and construction of the water supply system;
and
(2) repairs to existing public water distribution systems to
ensure conservation of the resources and to make the systems
functional under the new water supply system.
(b) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water
supply system; and
(2) a final engineering report and a plan for a water
conservation program have been prepared and submitted to Congress
for a period of not less than 90 days before the commencement of
construction of the system.
SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the water supply system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 6. USE OF PICK-SLOAN POWER.
For operation during the period beginning May 1 and ending October
31 of each year, portions of the water supply system constructed with
assistance under this Act shall be eligible to utilize power from the
Pick-Sloan Missouri Basin Program established by section 9 of the Act
of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as
the Flood Control Act of 1944.
SEC. 7. FEDERAL SHARE.
The Federal share under section 4 shall be 75 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 8. NON-FEDERAL SHARE.
The non-Federal share under section 4 shall be 25 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 9. CONSTRUCTION OVERSIGHT.
(a) Authorization.--At the request of the Corporation, the
Secretary may provide to the Corporation assistance in overseeing
matters relating to construction of the water supply system.
(b) Project Oversight Administration.--The amount of funds used by
the Secretary for planning and construction of the water supply system
may not exceed an amount equal to 3 percent of the amount provided in
the total project construction budget for the portion of the project to
be constructed in Perkins County, South Dakota.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) $15,000,000 for the planning and construction of the water
supply system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the mitigation of fish and wildlife losses during System construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction.
Makes portions of the System constructed with assistance under this Act eligible to utilize power from the Pick-Sloan Missouri Basin Program for operation from May 1 to October 31 of each year.
Provides the Federal share (75 percent) of System planning, construction, and development costs.
Authorizes the Secretary, at the Corporation's request, to provide assistance in overseeing matters relating to System construction.
Authorizes appropriations. | {"src": "billsum_train", "title": "Perkins County Rural Water System Act of 1999"} | 1,249 | 135 | 0.486947 | 1.434543 | 0.55421 | 3.631579 | 10.184211 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Examination of Exposures to
Environmental Hazards During Military Service and Health Care for
Atsugi Naval Air Facility Veterans and their Families Act of 2014''.
SEC. 2. ADVISORY BOARD ON ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR
FACILITY.
(a) Establishment.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly establish an advisory board (to be known
as the ``Advisory Board on Environmental Exposures at Atsugi Naval Air
Facility'') to provide expert advice to the Department of Defense and
the Department of Veterans Affairs on matters relating to the exposure
of current and former members of the Armed Forces and their dependants
to environmental hazards at Atsugi Naval Air Facility, Japan, during
the period beginning in 1983, as determined by the Advisory Board, in
which the air, water, or soil at Atsugi Naval Air Facility were
contaminated due to an incinerator.
(b) Composition.--The Advisory Board shall consist of seven
members, appointed by the President, in consultation with the Secretary
of Defense and the Secretary of Veterans Affairs, of whom--
(1) two members shall be members of military service
organizations or organizations recognized by the Secretary of
Veterans Affairs under section 5902 of title 38, United States
Code (commonly referred to as ``veterans service
organizations'');
(2) two members shall be officials of appropriate Federal
agencies, other than the Department of Defense or the
Department of Veterans Affairs, with experience in
environmental exposure or environmental exposure assessments,
health monitoring, or other relevant fields; and
(3) three members shall be scientists who--
(A) have backgrounds in environmental exposure or
environmental exposure assessments, health monitoring,
or other relevant fields; and
(B) are not officials or employees of the Federal
Government.
(c) Appointments.--
(1) Deadline.--All members of the Advisory Board shall be
appointed not later than 90 days after the date of the
enactment of this Act.
(2) Duration.--Members of the Advisory Board shall serve
for three-year terms, subject to renewal, but not longer than
six years in total.
(3) Vacancies.--A vacancy in the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(d) Chairperson.--The members of the Advisory Board shall select
from among its membership a Chairperson to serve a one-year term.
(e) Quorum.--A majority of the members of the Board shall
constitute a quorum.
(f) Meetings.--The Board shall meet at the call of the Chairperson.
(g) Compensation.--
(1) Officers of the federal government.--
(A) In general.--A member of the Board who is an
employee of the Federal Government may not receive
additional pay, allowances, or benefits by reason of
the member's service on the Board.
(B) Travel expenses.--Each such member of the Board
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5,
United States Code.
(2) Other members.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Advisory Board who is not an
employee of the Federal Government--
(i) shall be paid compensation out of funds
made available for the purposes of this title
at the daily equivalent of the highest rate
payable under section 5332 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged in the
actual performance of duties as a member of the
Advisory Board; and
(ii) while away from the member's home or
regular place of business on necessary travel
in the actual performance of duties as a member
of the Advisory Board, shall be paid per diem,
travel, and transportation expenses in the same
manner as is provided under subchapter I of
chapter 57 of title 5, United States Code.
(B) Limitation.--A member of the Advisory Board may
not be paid compensation under subparagraph (A)(ii) for
more than 120 days in any calendar year.
(h) Staff.--
(1) In general.--The Chairperson of the Advisory Board may,
without regard to the civil service laws and regulations,
appoint an executive director of the Advisory Board, who shall
be a civilian employee of the Department of Defense, and such
other personnel as may be necessary to enable the Advisory
Board to perform its duties. The appointment of an executive
director shall be subject to approval by the Advisory Board.
(2) Compensation.--The Chairperson of the Advisory Board
may fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(i) Detail of Government Employees.--Upon request of the
Chairperson of the Advisory Board, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel of that
department or agency to the Advisory Board to assist it in carrying out
its duties.
(j) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall
terminate on the date that is 12 years after the date of the enactment
of this Act.
SEC. 3. CONSIDERATION OF ENVIRONMENTAL EXPOSURES AT ATSUGI NAVAL AIR
FACILITY, JAPAN.
(a) In General.--The purpose of the Advisory Board established
under section 3 is to consider and study cases of exposure of current
and former members of the Armed forces and their dependants to
potential environmental hazards at Atsugi Naval Air Facility, Japan,
during the period beginning in 1983, as determined by the Advisory
Board, in which the air, water, or soil at Atsugi Naval Air Facility
were contaminated due to an incinerator. The Advisory Board shall
evaluate claims related to hazardous environmental exposures at such
Air Facility that are submitted to the Advisory Board by members of the
Armed Forces, veterans, dependants of members of the Armed Forces and
veterans, veterans advocacy groups, and officials of the Department of
Defense and the Department of Veterans Affairs with responsibility or
experience monitoring the health of current and former members of the
Armed Forces.
(b) Consideration of Exposure Claims.--Not later than 180 days
after receiving such a claim, the Advisory Board shall consider the
claim and take one of the following actions:
(1) If the Advisory Board determines that further
consideration of the claim is necessary to adequately assess
the extent of exposure, the Advisory Board shall convene a
science review panel under subsection (c) to make such
assessment and report its findings to the Advisory Board.
(2) If the Advisory Board determines that the extent of
exposure is insufficient to warrant further consideration of
the claim, the Advisory Board shall make a recommendation of
such finding to the Secretary of Defense and the Secretary of
Veterans Affairs.
(3) If the Advisory Board determines that during the time
period covered by such claim, members of the Armed Forces and
their dependants were exposed to sufficient amounts of
environmental hazards to warrant health care or compensation,
the Advisory Board shall submit to the Secretary of Defense and
the Secretary of Veterans Affairs a report that includes the
following:
(A) Recommendations that--
(i) such members should receive--
(I) health care benefits through
the Department of Defense specifically
designed to address such exposure, as
determined by the Secretary of Defense;
or
(II) veterans health care or
compensation specifically designed to
address such exposure; and
(ii) dependents of such members should
receive health care benefits through the
Department of Defense specifically designed to
address such exposure, as determined by the
Secretary of Defense, or financial
compensation, or both.
(B) Information on cost and attributable exposure,
as defined in regulations prescribed pursuant to this
Act.
(c) Science Advisory Panels.--
(1) Establishment.--The Advisory Board may convene a
science advisory panel to assist in the consideration of a
claim under this section.
(2) Composition.--A science advisory panel convened under
this subsection shall consist of seven scientists who--
(A) have backgrounds in environmental exposure or
environmental exposure assessments, health monitoring,
or other relevant fields; and
(B) are not officials or employees of the Federal
Government.
(3) Chairperson.--The Chairperson of the Advisory Board
shall select from among the membership of a science advisory
panel an individual to serve as Chairperson of the panel. The
individual so selected shall serve a one-year term as
Chairperson of the panel.
(4) Consideration of military exposure claims.--Not later
than 180 days after requested by the Advisory Board to review a
claim, a science advisory panel shall submit a report to the
Advisory Board with one of the following recommendations:
(A) A recommendation that there is insufficient
exposure to warrant further consideration of the claim.
(B) A recommendation that further study of the
claim is necessary, to be carried out by, or under the
direction of, the science advisory panel in
coordination with the Advisory Board.
(C) A recommendation that, during the time period
covered by such claim, members of the Armed Forces and
their dependants were exposed to a sufficient risk of
exposure to environmental hazards to warrant
compensation or health care.
(d) Subpoena Authority.--The Advisory Board and each science
advisory panel convened by the Advisory Board under subsection (c) are
authorized to require by subpoena the attendance and testimony of
witnesses necessary to consider hazardous environmental exposure cases
under this section.
(e) Cooperation of Federal Agencies.--The head of each relevant
Federal agency, including the Administrator of the Environmental
Protection Agency, shall cooperate fully with the Advisory Board and
each science advisory panel convened by the Advisory Board under
subsection (c) for purposes of considering hazardous environmental
exposure cases under this section.
(f) Termination.--Notwithstanding section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Board shall
terminate on the date that is 12 years after the date of the enactment
of this Act.
SEC. 4. HEALTH CARE SERVICES FOR CERTAIN INDIVIDUALS AT ATSUGI NAVAL
AIR FACILITY, JAPAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall establish procedures for
identifying and compiling a list of individuals exposed to
environmental hazards at Atsugi Naval Air Facility, Japan, during the
period beginning in 1983, as determined by the Secretaries, in which
the air, water, or soil at Atsugi Naval Air Facility were contaminated
due to an incinerator. The list may include individuals who were
exposed to such hazards as fetuses in utero.
(b) Eligibility for Health Care.--Individuals included on the list
compiled under subsection (a) shall be immediately eligible for health
care as follows:
(1) Dependents shall be eligible for health care benefits
through the Department of Defense, as determined by the
Secretary of Defense, for any condition, or any disability that
is associated with such condition, that is associated with
exposure to the contaminants in the air from an incinerator at
Atsugi Naval Air Facility.
(2) Current and former members of the Armed Forces shall be
eligible to receive one of the following:
(A) Health care benefits through the Department of
Defense specifically designed to address such exposure,
as determined by the Secretary of Defense.
(B) Health care benefits through the Department of
Veterans Affairs specifically designed to address such
exposure.
(c) Report.--
(1) In general.--Not later than 30 days after compiling the
list required under subsection (a), the Secretary of Defense,
in coordination with the Secretary of Veterans Affairs, shall
submit to the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed
Services and the Committee on Veterans' Affairs of the House of
Representatives a report on the compilation of such list.
(2) Content.--The report required under paragraph (1) shall
include--
(A) the evidence considered in selecting the
covered period of air contamination at Atsugi Naval Air
Facility; and
(B) the criteria used to determine whether an
individual was exposed to a contaminant during the
covered period and the rationale for using those
criteria.
SEC. 5. ANNUAL REPORT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense, in consultation with the Secretary of Veterans Affairs, shall
submit to the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed Services and
the Committee on Veterans' Affairs of the House of Representatives a
report on health care and other benefits provided under this Act.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A description of the classes of individuals who have
received health care and other benefits under this Act during
the reporting period.
(2) A description of the health care benefits that have
been provided to such individuals.
(3) A description of the procedures used to identify
individuals exposed to environmental hazards at Atsugi Naval
Air Facility, Japan.
(4) Recommendations for any additional legislation
necessary to implement this Act.
SEC. 6. REGULATIONS.
The Secretary of Defense and the Secretary of Veterans Affairs
shall jointly prescribe regulations to carry out the provisions of this
Act, including guidelines regarding health conditions and symptoms that
may be attributed to hazardous environmental exposures at Atsugi Naval
Air Facility, Japan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014 - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the Advisory Board on Environmental Exposures at Atsugi Naval Air Facility to provide expert advice to DOD and VA on matters relating to exposure of current and former members of the Armed Forces (members) and their dependents to environmental hazards at Atsugi Naval Air Facility, Japan, during the period beginning in 1983 in which the air, water, or soil at such facility was contaminated due to an incinerator. Requires the Board to: (1) consider and study cases of such exposure, (2) evaluate submitted exposure claims, and (3) recommend to such Secretaries that either a claim is insufficient to warrant further consideration or is sufficient to warrant health care or compensation. Authorizes the Board to convene a science panel to consider exposure claims and report results to the Board. Authorizes the Secretary of Defense (Secretary) to provide to such members and dependents the health care benefits recommended by the Board. Requires the Secretary to: (1) compile a list of individuals exposed to environmental hazards at the facility during the period in which the air, water, or soil was contaminated; and (2) report to the armed services and veterans' affairs committees on the compilation of such list. Directs the Secretary to report annually to such committees on health care and other benefits provided under this Act, including a description of procedures used to identify exposed individuals. | {"src": "billsum_train", "title": "Examination of Exposures to Environmental Hazards During Military Service and Health Care for Atsugi Naval Air Facility Veterans and their Families Act of 2014"} | 3,113 | 345 | 0.697966 | 2.349566 | 0.783414 | 4.528428 | 9.648829 | 0.943144 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Waste Isolation
Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 2. DEFINITIONS.
Paragraphs (18) and (19) of section 2 are repealed.
SEC. 3. TEST PHASE AND RETRIEVAL PLANS.
Section 5 and the item relating to such section in the table of
contents are repealed.
SEC. 4. MANAGEMENT PLAN.
Section 4(b)(5)(B) is amended by striking ``or with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.)''.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by repealing subsections (a) and (b),
(2) by repealing paragraph (1) of subsection (c),
(3) by redesignating subsection (c) as subsection (a) and
in that subsection--
(A) by repealing subparagraph (A) of paragraph (2),
(B) by striking the subsection heading and the
matter immediately following the subsection heading and
inserting ``Study.--The following study shall be
conducted:'',
(C) by striking ``(2) Remote-handled waste.--'',
(D) by striking ``(B) Study.--'',
(E) by redesignating clauses (i), (ii), and (iii)
as paragraphs (1), (2), and (3), respectively, and
(F) by realigning the margins of such clauses to be
margins of paragraphs,
(5) in subsection (d), by striking ``, during the test
phase, a biennial'' and inserting ``a'' and by striking ``,
consisting of a documented analysis of'' and inserting ``as
necessary to demonstrate'', and
(6) by redesignating subsection (d) as subsection (b).
SEC. 6. DISPOSAL OPERATIONS.
Section 7(b) is amended to read as follows:
``(b) Requirements for Commencement of Disposal Operations.--The
Secretary may commence emplacement of transuranic waste underground for
disposal at WIPP only upon completion of--
``(1) the Administrator's certification under section
8(d)(1) that the WIPP facility will comply with disposal
regulations; and
``(2) the acquisition by the Secretary (whether by
purchase, condemnation, or otherwise) of Federal Oil and Gas
Leases No. NMNM 02953 and No. NMNM 02953C, unless the
Administrator determines, under section 4(b)(5), that such
acquisition is not required.''.
SEC. 7. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.
(a) Section 8(d)(1).--Section 8(d)(1) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Application for compliance.--Within 30 days
after the date of the enactment of the Waste Isolation
Pilot Plant Land Withdrawal Amendment Act, the
Secretary shall provide to Congress a schedule for the
incremental submission of chapters of the application
to the Administrator beginning no later than 30 days
after such date. The Administrator shall review the
submitted chapters and provide requests for additional
information from the Secretary as needed for
completeness within 45 days of the receipt of each
chapter. The Administrator shall notify Congress of
such requests. The schedule shall call for the
Secretary to submit all chapters to the Administrator
no later than October 31, 1996.''; and
(2) in subparagraph (D), by striking ``after the
application is'' and inserting ``after the full application has
been''.
(b) Section 8(d) (2), (3).--Section 8(d) is amended by striking
paragraphs (2) and (3), by striking ``(1) Compliance with disposal
regulations.--'', and by redesignating subparagraphs (A), (B), (C), and
(D) of paragraph (1) as paragraph (1), (2), (3), and (4), respectively.
(c) Section 8(g).--Section 8(g) is amended to read as follows:
``(g) Engineered and Natural Barriers, Etc.--The Secretary shall
use both engineered and natural barriers and any other measures to the
extent necessary at WIPP to comply with final disposal regulations.''.
SEC. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
(a) Section 9(a)(1).--Section 9(a)(1) is amended by adding after
and below subparagraph (H) the following: ``With respect to transuranic
mixed waste designated by the Secretary for disposal at WIPP, such
waste is exempt from the land disposal restrictions published at part
268 of 40 C.F.R. because compliance with the environmental radiation
protection standards published at part 191 of 40 C.F.R. renders
compliance with the land disposal restrictions unnecessary to achieve
desired environmental protection and a no migration variance is not
required for disposal of transuranic mixed waste at WIPP.''.
(b) Section 9(b).--Subsection (b) of section 9 is repealed.
(c) Section 9(c).--Subsection (c) of section 9 is repealed.
(d) Section 14.--Section 14 is amended--
(1) in subsection (a), by striking ``No provision'' and
inserting ``Except for the exemption from the land disposal
restrictions described in section 9(a)(1), no provision''; and
(2) in subsection (b)(2), by striking ``including all terms
and conditions of the No-Migration Determination'' and
inserting ``except that the transuranic mixed waste designated
by the Secretary for disposal at WIPP is exempt from the land
disposal restrictions described in section 9(a)(1)''.
SEC. 9. RETRIEVABILITY.
(a) Section 10.--Section 10 is amended to read as follows:
``SEC. 10. TRANSURANIC WASTE.
``It is the intent of Congress that a decision will be made by the
Secretary with respect to the disposal of transuranic waste no later
than November 30, 1997.''.
(b) Conforming Amendment .--The item relating to section 10 in the
table of contents is amended to read as follows:
``Sec. 10. Transuranic waste.''.
SEC. 10. DECOMMISSIONING OF WIPP.
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years after
the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 11. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
Section 15(a) is amended--
(1) by striking ``to the Secretary for payments to the
State $20,000,000 for each of the 15 fiscal years beginning
with the fiscal year in which the transport of transuranic
waste to WIPP is initiated'' and inserting ``to the State
$20,000,000 for each of the 15 fiscal years beginning with the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act'', and
(2) by adding at the end the following: ``An appropriation
to the State shall be in addition to any appropriation for
WIPP.''.
SEC. 12. NON-DEFENSE WASTE.
Section 7(a) is amended by redesignating paragraph (3) as paragraph
(4) and by inserting after paragraph (2) the following:
``(3) Non-defense waste.--Within the limits prescribed in
paragraphs (1) and (2) and within the capacity prescribed by
paragraph (4), WIPP may receive transuranic waste from the
Secretary which did not result from a defense activity.''. | Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act (WIPP Act) to remove certain provisions relating to: (1) compliance of specified Federal oil and gas leases with the Solid Waste Disposal Act; (2) test phase; (3) requirements for the commencement of disposal operations; and (4) disposal regulations.
Revises parameters for compliance with Environmental Protection Agency (EPA) disposal regulations to require the Secretary of Energy to provide to the Congress a schedule for the incremental submission of chapters of the WIPP EPA-compliance application to the EPA Administrator within a prescribed time frame.
Repeals the requirement that the Secretary use waste form modifications of engineered and natural barriers to comply with final disposal regulations at WIPP, but requires use of any other measures necessary, in addition to engineered and natural barriers, to achieve compliance.
Exempts transuranic mixed waste designated for disposal at the Waste Isolation Pilot Plant (WIPP) project from the land disposal restrictions in specified Federal regulations.
Removes certain provisions: (1) relating to determination of noncompliance during the disposal and decommissioning phases; and (2) declaring that the authorities provided to the Administrator and the State (under provisions relating to compliance with environmental laws and regulations) are in addition to the enforcement authorities available to the State under State law and to the Administrator, the State, and any other person under the Solid Waste Disposal Act and the Clean Air Act.
Replaces provisions relating to retrievability with provisions declaring that it is the intent of the Congress that a decision will be made by the Secretary regarding the disposal of transuranic waste no later than a specified date.
Removes provisions: (1) mandating a plan for the decommissioning of WIPP; and (2) setting a deadline for a plan for the management and use of the Withdrawal (the WIPP withdrawal site) following WIPP decommissioning or termination of the land withdrawal.
Authorizes appropriations to the State of New Mexico (currently, to the Secretary for payments to the State of New Mexico) for 15 fiscal years beginning on the date of enactment of the WIPP Act (currently, beginning in the first fiscal year in which the transport of transuranic waste to WIPP is initiated). Declares that an appropriation to the State shall be in addition to any appropriation for WIPP.
Allows WIPP to receive transuranic waste from the Secretary that did not result from a defense activity. | {"src": "billsum_train", "title": "Waste Isolation Pilot Plant Land Withdrawal Amendment Act"} | 1,881 | 541 | 0.449959 | 1.410418 | 0.621609 | 2.887234 | 3.459574 | 0.857447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Deceased Beneficiary
Act of 2003''.
SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'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).
(2) Conforming amendments.--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 amendments.--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)'', respectively.
(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 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 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 such parent
marries, or such parent''.
(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 the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(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).
(k) Payment of Last Monthly Payment.--
(1) 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:
``Payment for Month of Beneficiary's Death
``(z) Payment of an individual's monthly insurance benefit under
this section for the month in which the individual dies shall be made
as provided in section 204(d).''.
(2) Disability insurance benefits.--Section 223 of such Act
(42 U.S.C. 423) is amended by adding at the end the following
new subsection:
``Payment for Month of Beneficiary's Death
``(k) Payment of an individual's monthly benefit under this section
for the month in which the individual dies shall be made as provided in
section 204(d).''.
(3) 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:
``Payment for Month of Beneficiary's Death
``(i) Payment of an individual's monthly benefit under this section
for the month in which the individual dies shall be made as provided in
section 204(d).''.
SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(11) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted. | Social Security Deceased Beneficiary Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month.
Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month)."} | 1,870 | 97 | 0.532289 | 1.302135 | 0.139579 | 1.950617 | 18.111111 | 0.864198 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Reporting requirements.
Sec. 106. National Research Council assessment.
TITLE II--COMPUTER MODELING AND RESEARCH
Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this Act to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' refers to the use of
accepted and documented scientific methods to identify and
quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment
methods or conservation measures on nutrient and sediment loss.
Sound science requires the use of documented protocols for data
collection and data analysis, and peer review of the data,
results, and findings.
SEC. 3. RELIANCE ON SOUND SCIENCE.
It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.
(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.
SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.
(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
(c) Protection of Privacy.--Data resulting from sediment and
nutrient monitoring in the Upper Mississippi River Basin is not subject
to the mandatory disclosure provisions of section 552 of title 5,
United States Code, but may be released only as provided in subsection
(b).
SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.
(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) Coordination With Long-Term Estuary Assessment Project.--The
Secretary of the Interior shall carry out this section in coordination
with the long-term estuary assessment project authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).
SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.
To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 102(a), as determined by the Secretary.
SEC. 105. REPORTING REQUIREMENTS.
The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.
SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.
TITLE II--COMPUTER MODELING AND RESEARCH
SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.
(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.
SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.
SEC. 203. REPORTING REQUIREMENTS.
(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director of the
United States Geological Survey shall provide to Congress and make
available to the public a progress report regarding modeling
activities.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) United States Geological Survey Activities.--There is
authorized to be appropriated to the United States Geological Survey
$6,250,000 each fiscal year to carry out this Act (other than section
106). Of the amounts appropriated for a fiscal year pursuant to this
authorization of appropriations, one-third shall be made available for
the United States Geological Survey Cooperative Water Program and the
remainder shall be made available for the United States Geological
Survey Hydrologic Networks and Analysis Program.
(b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 106.
SEC. 302. COST-SHARING REQUIREMENTS.
Funds made available for the United States Geological Survey
Cooperative Water Program under section 301(a) shall be subject to the
same cost sharing requirements as specified in the last proviso under
the heading ``United States Geological Survey-surveys, investigations,
and research'' of the Department of the Interior and Related Agencies
Appropriations Act, 2002 (Public Law 107-63; 115 Stat. 427; 43 U.S.C.
50).
Passed the House of Representatives March 25, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on February 27, 2003. However, because action occurred on the measure, the summary has been expanded.)Upper Mississippi River Basin Protection Act - Declares that it is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science.Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Directs the Secretary of the Interior (acting through the office of the Director of the United States Geological Survey (USGS)), as part of the Upper Mississippi River Stewardship Initiative, to establish a nutrient and sediment monitoring network for the River Basin to: (1) identify and evaluate sources of sediments and nutrients; (2) quantify the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantify their transport to and through the Basin; (4) record changes to sediment and nutrient loss; (5) provide coordinated data to be used in computer modeling of the Basin; and (6) identify major sources for targeting resources to reduce sediment and nutrient loss.(Sec. 102) Directs the Secretary to establish guidelines for related data collection and storage activities. Requires such data to be released to the public using generic station identifiers and hydrologic codes. Prohibits information regarding the location of a monitoring station on private lands from being disseminated without the landowner's permission.(Sec. 103) Directs the Secretary: (1) to inventory the sediment and nutrient monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (2) based on such inventory, to integrate such efforts into the monitoring network. Requires that such activities be carried out in coordination with the long-term estuary assessment project authorized under the Estuaries and Clean Waters Act of 2000.(Sec. 104) Directs the Secretary to collaborate with other public and private monitoring programs in establishing the monitoring network.(Sec. 105) Requires the Secretary to report to Congress on the development of such network.(Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin.Title II: Computer Modeling and Research - (Sec. 201) Requires the USGS Director, as part of the Initiative, to establish a computer modeling program of nutrient and sediment sources in the Basin. Requires such modeling to: (1) be used to identify subwatersheds that are significant sources of sediment and nutrient loss;(2) be made available for targeting public and private sediment and nutrient reduction efforts; and (3) include models to relate nutrient and sediment loss to landscape, land use, and land management practices and to define river channel nutrient transformation processes. Requires the collection of ancillary information in a GIS format to support modeling and management use of modeling results.(Sec. 202) Requires the Director to establish an Internet-based system to provide information about nutrient and sediment loss reduction programs and successful projects and about nutrient and sediment levels in the Upper Mississippi River and its tributaries.(Sec. 203) Requires the Director to provide to Congress and the public: (1) annual reports regarding monitoring activities conducted in the Basin; and (2) triennial progress reports regarding modeling activities.Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to: (1) the USGS to carry out this Act, of which one-third of appropriated amounts shall be made available for the Cooperative Water Program and the remainder for the Hydrologic Networks and Analysis Program; and (2) allow the National Research Council to perform the water resources assessment.(Sec. 302) Subjects funds for the Cooperative Water Program to the same cost sharing requirements as specified in a certain proviso under the Department of the Interior and Related Agencies Appropriations Act, 2002 for USGS surveys, investigations, and research. | {"src": "billsum_train", "title": "To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes."} | 2,453 | 917 | 0.699229 | 2.409885 | 0.637158 | 3.773713 | 2.819783 | 0.917344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnant Mothers and Infants Health
Protection Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to recent figures, 14 percent of pregnant
mothers admit to smoking tobacco during pregnancy.
(2) Smoking tobacco during pregnancy significantly
increases maternal and fetal risk, and causes 20 percent to 30
percent of the low birth weight rate and 10 percent of the
fetal and infant death rate in the United States.
(3) Mothers who smoke both during and after pregnancy have
nearly a 3 fold increase in the risk of Sudden Infant Death
Syndrome (SIDS), as compared to mothers who do not smoke.
(4) Smoking during pregnancy has been associated with
certain childhood cancers and birth defects, and it increases
the risk of spontaneous abortion, premature rupture of
membranes, and delivery of a stillborn infant.
(5) Smoking during pregnancy may impede the growth of the
fetus and increase the likelihood of mental retardation by 50
percent.
(6) The proportion of women who quit smoking during
pregnancy but relapse at 6 months postpartum is nearly 63
percent, thereby exposing their infants to passive smoke and
increasing their risk for SIDS and other health related
problems.
(7) Effective prenatal smoking cessation interventions
increase the rate of smoking cessation during pregnancy.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish, within the Department
of Health and Human Services, a comprehensive program to help prevent
prenatal and postnatal smoking. Such program shall--
(1) coordinate, support, and conduct national, State and
community-based public awareness, prevention, and education
programs on prenatal and postnatal smoking;
(2) support, coordinate, and conduct basic and applied
research concerning prenatal and postnatal smoking and its
effects; and
(3) foster coordination between all Federal agencies and
private voluntary organizations that conduct or support
prenatal and postnatal smoking research, prevention, and
surveillance programs.
SEC. 4. ESTABLISHMENT OF PROGRAM.
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 M--PRENATAL AND POSTNATAL SMOKING PREVENTION PROGRAM
``SEC. 399N. ESTABLISHMENT.
``(a) Prenatal or Postnatal Smoking Prevention Program.-- The
Secretary, acting through the Centers for Disease Control and
Prevention, shall establish a comprehensive program to be known as the
`Prenatal and Postnatal Smoking Prevention Program' that shall
include--
``(1) an education and public awareness program that is
designed to--
``(A) support, conduct and evaluate the
effectiveness of--
``(i) educational and cessation programs
concerning the prevention, diagnosis, and
treatment of infants born with the effects of
prenatal smoking;
``(ii) prevention and education programs,
including school health and adolescent
education programs concerning prenatal and
postnatal smoking and its effects, and;
``(iii) public and community awareness and
cessation programs designed to educate about
prenatal and postnatal smoking and its effects
on fetuses and newborns;
``(B) provide technical and consultative assistance
to States, local governments, scientific and academic
institutions, community health centers funded under
section 330, and nonprofit organizations concerning the
programs referred to in subparagraph (A); and
``(C) award grants to, and enter into cooperative
agreements with, States, local governments, scientific
and academic institutions, community health centers,
and non-profit organizations for the purpose of--
``(i) evaluating the effectiveness of
programs referred to in subparagraph (A);
``(ii) providing training in the prevention
of prenatal and postnatal smoking;
``(iii) educating school age children,
especially pregnant and high-risk youth,
concerning the effects of prenatal and
postnatal smoking on fetuses and newborns; and
``(iv) increasing public and community
awareness concerning prenatal and postnatal
smoking and its effects on fetuses and newborns
through projects, programs, and campaigns, and improving the
understanding of the general public and targeted groups concerning the
most effective intervention methods to prevent prenatal and postnatal
smoking;
``(2) an applied research and prevention program that is
designed to--
``(A) support and conduct research on the
diagnostic methods, treatment, and prevention of
prenatal and postnatal smoking and its effects on
fetuses and newborns;
``(B) provide technical and consultative assistance
and training to States, local governments, scientific
and academic institutions, community health centers,
and nonprofit organizations engaged in the conduct of--
``(i) prenatal and postnatal smoking
prevention, cessation and early intervention
programs; and
``(ii) research relating to the effects of
prenatal and postnatal smoking and the number
and demographic profile of pregnant mothers who
smoke; and
``(C) award grants to, and enter into cooperative
agreements and contracts with, States, local
governments, scientific and academic institutions,
community health centers, and non-profit organizations
for the purpose of--
``(i) conducting innovative demonstration
and evaluation projects designed to determine
effective strategies, including community-based
prevention programs and education campaigns,
for preventing and intervening in fetal
exposure to tobacco smoke;
``(ii) improving and coordinating the
surveillance and ongoing assessment methods
implemented by such entities and the Federal
Government with respect to prenatal and
postnatal smoking and its effects on fetuses
and newborns;
``(iii) developing, disseminating and
evaluating effective age-appropriate prevention
and cessation programs for adolescent and adult
mothers who smoke; and
``(iv) facilitating the coordination and
collaboration among Federal, State, local
government and community-based prenatal and
postnatal smoking prevention programs;
``(3) a basic research program that is designed to support
and conduct basic research on services and effective prevention
treatments and interventions for pregnant mothers who smoke and
children suffering the effects of intrauterine or passive
exposure to tobacco smoke; and
``(4) a procedure for disseminating prevention strategies
and the diagnostic criteria for infants suffering the effects
of exposure to intrauterine or passive tobacco smoke to health
care providers, educators, social workers, and other
individuals.
``(b) Eligibility.--To be eligible to receive a grant, or enter
into a cooperative agreement or contract under this section, an entity
shall--
``(1) be a State, local government, scientific or academic
institution, community health center, or nonprofit
organization; and
``(2) 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 description of the
activities that the entity intends to carry out using amounts
received under the grant, cooperative agreement or contract.
``(c) Clearinghouse.--In carrying out this section, the Secretary
shall establish within the Centers for Disease Control and Prevention a
prenatal and postnatal smoking prevention clearinghouse for the
collection, dissemination and storage of data concerning prenatal and
postnatal smoking prevention. In establishing such clearinghouse, the
Secretary shall ensure that the Centers for Disease Control and
Prevention shall serve as the coordinating agency for prenatal and
postnatal smoking prevention and surveillance activities.
``(d) Biennial Report.--Not later than 2 years after the date of
enactment of this section, and every 2 years thereafter, the Secretary
shall prepare and submit to the Committee on Commerce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate a biennial report that--
``(1) includes information concerning the incidence and
prevalence of prenatal and postnatal smoking and the extent to
which such smoking has contributed to infant mortality, low
birth weight, sudden infant death syndrome, and other
complications;
``(2) includes information that is specific to various
demographics;
``(3) includes an assessment of the extent to which various
approaches of preventing prenatal and postnatal smoking have
been effective;
``(4) describes the activities carried out under this
section; and
``(5) contains any recommendations of the Secretary
regarding this section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of the
fiscal years 1998 and 1999, and such sums as may be necessary for each
of the fiscal years 2000 and 2001.''. | Pregnant Mothers and Infants Health Protection Act of 1997 - Establishes, within the Department of Health and Human Services (HHS), the Prenatal and Postnatal Smoking Prevention Program to include: (1) an education and public awareness program designed to support and evaluate the effectiveness of certain prevention and cessation programs, provide technical and consultative assistance and award grants and enter into cooperative agreements with States, local governments, and certain entities; (2) an applied research and prevention program designed to support and conduct research on the diagnostic methods, treatment, and prevention of prenatal and postnatal smoking and its effects on fetuses and newborns, provide technical and consultative assistance and award grants, and enter into cooperative agreements and contracts with States, local governments, and certain entities; (3) a basic research program for the support and conduct of basic research on services and effective prevention treatments and interventions for pregnant mothers who smoke and children suffering the effects of intrauterine or passive exposure to tobacco smoke; and (4) a procedure for disseminating prevention strategies and the diagnostic criteria for infants suffering the effects of exposure to intrauterine or passive tobacco smoke to health care providers, educators, social workers, and other individuals.
Directs the HHS Secretary to: (1) establish within the Centers for Disease Control and Prevention (CDC) a prenatal and postnatal smoking prevention clearinghouse; and (2) in establishing such clearinghouse, ensure that the CDC serve as the coordinating agency for prenatal and postnatal smoking prevention.
Mandates a certain biennial report.
Authorizes appropriations. | {"src": "billsum_train", "title": "Pregnant Mothers and Infants Health Protection Act of 1997"} | 1,857 | 333 | 0.66578 | 1.964231 | 0.883892 | 5.455782 | 6.020408 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting America First Corporate Tax
Act''.
SEC. 2. INCLUSION IN SUBPART F INCOME OF INVESTMENTS BY CONTROLLED
FOREIGN CORPORATIONS WITH RESPECT TO MEMBERS OF FOREIGN
GROUP WHICH INCLUDES UNITED STATES SHAREHOLDER.
(a) In General.--Section 956(a)(1)(A) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(A) such shareholder's pro rata share of the
average of--
``(i) the amounts of United States
property, and
``(ii) in the case of a controlled foreign
corporation which is a member of an expanded
affiliated group the common parent of which is
not a United States person, the amount of
foreign group property,
held (directly or indirectly) by the controlled foreign
corporation as of the close of each quarter of such
taxable year, over''.
(b) Foreign Group Property.--Section 956 of such Code is amended by
redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by inserting after subsection (c) the following new
subsection:
``(d) Foreign Group Property; Expanded Affiliated Group.--For
purposes of this section--
``(1) Foreign group property.--
``(A) In general.--The term `foreign group
property' means any stock or obligation of any foreign
person which is not a controlled foreign corporation.
``(B) Exceptions.--Such term shall not include--
``(i) the stock or obligation of any entity
if less than 25 percent of the total combined
voting power of such entity, immediately after
the acquisition of any stock in such entity by
the controlled foreign corporation, is owned
(directly or indirectly) by the common parent
referred to in subsection (a)(1)(A)(ii), and
``(ii) property described in subparagraph
(C), (I), (J), or (K) of subsection (c)(2),
applied by substituting `foreign person' for
`United States person' in such subparagraphs
(C) and (J).
``(2) Expanded affiliated group.--The term `expanded
affiliated group' means an affiliated group as defined in
section 1504(a), determined--
``(A) by substituting `more than 50 percent' for
`at least 80 percent' each place it appears, and
``(B) without regard to paragraphs (2) and (3) of
section 1504(b).
A partnership or any other entity (other than a corporation)
shall be treated as a member of an expanded affiliated group if
such entity controls (as determined under section 954(d)(3)),
or is controlled by (as so determined), members of such group
(including any entity treated as a member of such group by
reason of this sentence).
``(3) Application to non-corporate entities.--In the case
of any entity which is not a corporation--
``(A) any reference in this subsection to stock
shall be treated as a reference to any equity or
profits interest in such entity, and
``(B) except as otherwise provided by the
Secretary, paragraph (1)(B)(i) shall be applied by
substituting `25 percent (by value) of the beneficial
interests in such entity' for `25 percent of the total
combined voting power of such entity'.''.
(c) Application of Rules for Pledges and Guarantees.--Section
956(e) of such Code, as so redesignated, is amended to read as follows:
``(e) Pledges and Guarantees.--For purposes of subsection (a), a
controlled foreign corporation shall, under regulations prescribed by
the Secretary, be considered as holding--
``(1) an obligation of a United States person if such
controlled foreign corporation is a pledgor or guarantor of
such obligation, and
``(2) an obligation of a foreign person if such controlled
foreign corporation or, to the extent provided under such
regulations, any United States shareholder of such controlled
foreign corporation, is a pledgor or guarantor of such
obligation.''.
(d) Application of Limitation on Amount of Foreign Taxes Deemed
Paid With Respect to Section 956 Inclusions.--Notwithstanding section
214(b) of Public Law 111-226, section 960(c) of the Internal Revenue
Code of 1986 shall apply to acquisitions of foreign group property (as
defined in 956(d) of such Code, as amended by this section) after
December 31, 2010, in addition to acquisitions of United States
property (as defined in section 956(c) of such Code) after such date.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years of controlled foreign corporations ending after
the date of the enactment of this Act and to taxable years of United
States shareholders in which or with which such taxable years of
controlled foreign corporations end.
SEC. 3. TERMINATION OF DEFERRAL OF ACTIVE INCOME OF CONTROLLED FOREIGN
CORPORATIONS.
(a) In General.--Section 952 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Special Application of Subpart.--
``(1) In general.--For taxable years beginning after
December 31, 2014, notwithstanding any other provision of this
subpart, the term `subpart F income' means, in the case of any
controlled foreign corporation, the income of such corporation
derived from any foreign country.
``(2) Applicable rules.--Rules similar to the rules under
the last sentence of subsection (a) and subsection (d) shall
apply to this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2014. | Putting America First Corporate Tax Act - Amends the Internal Revenue Code to include in subpart F income (income of a controlled foreign corporation earned outside the United States that is not tax deferred): (1) a shareholder's pro rata share of the average of certain U.S. and foreign property held by a controlled foreign corporation as of the close of each quarter of a taxable year, and (2) the income of a controlled foreign corporation derived from any foreign country. | {"src": "billsum_train", "title": "Putting America First Corporate Tax Act"} | 1,371 | 106 | 0.581871 | 1.443129 | 0.72386 | 3.550562 | 13.269663 | 0.898876 |
SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of the Army (referred to in
this section as the ``Secretary'') shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and
beneficial uses of dredged material, and other related projects
that may enhance the living resources of the estuary.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned, and will be publicly operated and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation and maintenance of the project by
the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of lands, easements, rights-of-
way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25
percent of total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate fully with the heads of appropriate
Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies and
departments and agencies of a State or political
subdivision of a State as the Secretary determines to
be appropriate.
(f) Demonstration Project.--The Secretary shall establish at least
one project under this section in each of the States of Maryland,
Virginia, and Pennsylvania. A project established under this section
shall be carried out using such measures as are necessary to protect
environmental, historic, and cultural resources.
(g) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether
or not the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1996, 1997, and 1998, to remain available until expended. | Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed for water-related environmental infrastructure and resource protection and development projects. Requires any project receiving such assistance to be publicly owned, operated, and maintained.
Requires local cooperation agreements with non-Federal interests before the provision of such assistance. Places at 75 percent the Federal share of total project costs.
Requires the Secretary to establish at least one project for the receipt of such assistance in each of Maryland, Virginia, and Pennsylvania. Requires a report on program results. Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the establishment of a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed, and for other purposes."} | 981 | 149 | 0.521294 | 1.432796 | 0.730865 | 3.155738 | 7.229508 | 0.877049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Expansion Act''.
TITLE I--GENERAL EXPANSION OF ACTIVITIES
SEC. 101. SMALL BUSINESS CHILD CARE GRANT PROGRAM.
(a) Establishment.--The Secretary of Health and Human Services
(hereafter referred to in this section as the ``Secretary'') shall
establish a program to award grants to States to assist States in
providing funds to encourage the establishment and operation of
employer operated child care programs.
(b) Application.--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 an assurance that
the State will provide the funds required under subsection (e).
(c) Amount of Grant.--The Secretary shall determine the amount of a
grant to a State under this section based on the population of the
State as compared to the population of all States.
(d) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to small
businesses located in the State to enable such small businesses
to establish and operate child care programs. Such assistance
may include--
(A) technical assistance in the establishment of a
child care program;
(B) assistance for the start-up costs related to a
child care programs;
(C) assistance for the training of child care
providers;
(D) scholarships for low-income wage earners;
(E) the provision of services to care for sick
children or to provide care to school aged children;
(F) the entering into of contracts with local
resource and referral or local health departments;
(G) assistance for any other activity determined
appropriate by the State; or
(H) care for children with disabilities.
(2) Application.--To be eligible to receive assistance from
a State under this section, a small business shall prepare and
submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
(3) Preference.--
(A) In general.--In providing assistance under this
section, a State shall give priority to applicants that
desire to form consortium to provide child care in
geographic areas within the State where such care is
not generally available or accessible.
(B) Consortium.--For purposes of subparagraph (A),
a consortium shall be made up of 2 or more entities
which may include businesses, nonprofit agencies or
organizations, local governments, or other appropriate
entities.
(4) Limitation.--With respect to grant funds received under
this section, a State may not provide in excess of $50,000 in
assistance from such funds to any single applicant. A State may
not provide assistance under a grant to more than 10 entities.
(e) Matching Requirement.--To be eligible to receive a grant under
this section a State shall provide assurances to the Secretary that,
with respect to the costs to be incurred by an entity receiving
assistance in carrying out activities under this section, such entity
will make available (directly or through donations from public or
private entities) non-Federal contributions to such costs in an amount
equal to--
(1) for the first fiscal year in which the entity receives
such assistance, not less than 25 percent of such costs ($1 for
each $3 of assistance provided to the entity under the grant);
(2) for the second fiscal year in which an entity receives
such assistance, not less than 33\1/3\ percent of such costs
($1 for each $2 of assistance provided to the entity under the
grant); and
(3) for the third fiscal year in which an entity receives
such assistance, not less than 50 percent of such costs ($1 for
each $1 of assistance provided to the entity under the grant).
(f) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section a child care
provider shall comply with all applicable State and local licensing and
regulatory requirements and all applicable health and safety standards
in effect in the State.
(g) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering the grant awarded under this
section and for monitoring entities that receive assistance
under such grant.
(2) Audits.--A State shall require that each entity
receiving assistance under a grant awarded under this section
conduct of an annual audit with respect to the activities of
the entity. Such audits shall be submitted to the State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an
audit or otherwise, that an entity receiving assistance
under a grant awarded under this section has misused
such assistance, the State shall notify the Secretary
of such misuses. The Secretary, upon such a
notification, may seek from such an entity the
repayment of an amount equal to the amount of any
misused assistance plus interest.
(B) Appeals process.--The Secretary shall by
regulation provide for an appeals process with respect
to repayments under this paragraph.
(h) Reporting Requirement.--
(1) Study.--Not later than 2 years after the date on which
the Secretary first provides grants under this section, the
Secretary shall conduct a study to determine--
(A) the capacity of entities to meet the child care
needs of communities within a State;
(B) the kinds of partnerships that are being formed
with respect to child care at the local level; and
(C) who is using the programs funded under this
section and the income levels of such individuals.
(2) Report.--Not later than 28 months after the date of
enactment of this Act, the Secretary shall prepare and submit
to the appropriate committees of Congress, a report concerning
the effectiveness of the grant programs under this section.
(i) Definition.--As used in this section, the term ``small
business'' means an employer who employed an average of at least 2 but
not more than 50 employees on business days during the preceding
calendar year.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for each of the
fiscal years 1998 through 2000.
(k) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2001.
SEC. 102. PROJECTS FOR CHILD CARE BY OLDER INDIVIDUALS.
(a) Community Service Employment Program.--Section 502 of the Older
Americans Act of 1965 (42 U.S.C. 3056) is amended by adding at the end
the following:
``(f) In carrying out this title, the Secretary, and any entity
entering into an agreement under this title, shall take necessary
steps, including the development of special projects, where
appropriate, to encourage the fullest participation of eligible
individuals (including eligible individuals described in subsection
(e), as appropriate), in projects to provide child care under this
title. Such child care projects shall, to the extent practicable, be
carried out in communities with child care shortages, as determined by
the appropriate State agency designated under section 658D(a) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858b(a)).''.
(b) Domestic Volunteer Service Act.--Title IV of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 5043 et seq.) is amended by
adding at the end the following:
``SEC. 427. PARTICIPATION IN PROJECT TO PROVIDE CHILD CARE.
``(a) In General.--In carrying out this Act, the Director, and any
recipient of a grant or contract under this Act, shall take necessary
steps, including the development of special projects, where
appropriate, to encourage the fullest participation of individuals 55
and older, in projects to provide child care under this Act. Such child
care projects shall, to the extent practicable, be carried out in
communities with child care shortages, as determined by the appropriate
State agency designated under section 658D(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)).
``(b) Funding of Projects.--The Director may, using amounts
available for experimental projects under section 502(e), provide for
the development of special projects under subsection (a).''.
TITLE II--TAX INCENTIVES FOR DEPENDENT CARE
SEC. 201. EXPANSION OF CHILD AND DEPENDENT CARE CREDIT.
(a) Increase in Credit Percentage for Low and Middle Income
Workers.--Section 21(a)(2) of the Internal Revenue Code of 1986
(relating to credit for expenses for household and dependent care
services necessary for gainful employment) is amended to read as
follows:
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 30
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income exceeds $20,000.''
(b) Increase in Maximum Amount Creditable.--Section 21(c) of the
Internal Revenue Code of 1986 (relating to dollar limit on amount
creditable) is amended--
(1) by striking ``$2,400'' in paragraph (1) and inserting
``$3,600'', and
(2) by striking ``$4,800'' in paragraph (2) and inserting
``$5,400''.
(c) Phase-Out of Credit for Higher Income Taxpayers.--
(1) In general.--Section 21(c) of the Internal Revenue Code
of 1986 (relating to dollar limit on amount creditable) is
amended by adding at the end the following new paragraph:
``(2) Phaseout of credit.--
``(A) In general.--The amount of the credit allowed
under subsection (a) shall be reduced (but not below
zero) by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this paragraph equals the amount which bears the
same ratio to the credit (determined without regard to
this subsection) as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) the threshold amount, bears
to
``(ii) $10,000.
Any amount determined under this subparagraph which is
not a multiple of $10 shall be rounded to the next
lowest $10.
``(C) Threshold amount.--For purposes of this
paragraph, the term `threshold amount' means--
``(i) $90,000 in the case of a joint
return,
``(ii) $65,000 in the case of an individual
who is not married, and
``(iii) $45,000 in the case of a married
individual filing a separate return.
For purposes of this subparagraph, marital status shall
be determined under section 7703.
``(D) Adjusted gross income.--For purposes of this
paragraph, adjusted gross income of any taxpayer shall
be increased by any amount excluded from gross income
under section 911, 931, or 933.''
(2) Conforming amendments.--Section 21(c) of such Code is
amended--
(A) by striking ``(c) Dollar Limit on Amount
Creditable.--The'' and inserting:
``(c) Limitations.--
``(1) Dollar limit.--The'',
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and
(C) by striking ``paragraph (1) or (2)'' in the
last sentence and inserting ``subparagraph (A) or
(B)''.
(c) Effective Date.--The amendments made by this section apply to
taxable years beginning after December 31, 1997.
SEC. 202. EXPANSION OF HOME OFFICE DEDUCTION TO INCLUDE USE OF OFFICE
FOR DEPENDENT CARE.
(a) In General.--Section 280A(c)(1) of the Internal Revenue Code of
1986 (relating to certain business use) is amended by adding at the end
the following: ``A portion of a dwelling unit and the exclusive use of
such portion otherwise described in this paragraph shall not fail to be
so described if such portion is also used by the taxpayer during such
exclusive use to care for a dependent of the taxpayer.''.
(b) Effective Date.--The amendment made by this section applies to
taxable years beginning after December 31, 1997. | TABLE OF CONTENTS:
Title I: General Expansion of Activities
Title II: Tax Incentives for Dependent Care
Child Care Expansion Act -
Title I: General Expansion of Activities
- Directs the Secretary of Health and Human Services to establish a small business child care grant program to assist States in providing funds to encourage the establishment and operation of employer-operated child care programs. Authorizes appropriations.
(Sec. 102) Amends the Older Americans Act of 1965 and the Domestic Volunteer Service Act of 1973 (DVSA) to direct the Secretary of Labor (in carrying out the Older Americans Community Service Employment Program) and the Chief Executive Officer of the Corporation for National and Community Service, respectively, as well as any grantee or contractor, to take steps, including the development of appropriate special projects, to encourage the fullest participation of eligible older individuals (under DVSA, individuals age 55 or older) in projects to provide child care under such program. Requires that such child care projects, to the extent practicable, be carried out in communities with child care shortages.
Title II: Tax Incentives for Dependent Care
- Amends the Internal Revenue Code to increase the child and dependent care credit for specified low and middle income workers.
Applies the home office tax deduction to the use of such home office for dependent care. | {"src": "billsum_train", "title": "Child Care Expansion Act"} | 2,808 | 293 | 0.50864 | 1.372123 | 0.696326 | 3.145594 | 9.762452 | 0.877395 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Comprehensive
Cancer Care Improvement Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Findings.
TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM
Sec. 101. Coverage of cancer care planning services.
TITLE II--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM
MANAGEMENT
Sec. 201. Grants to improve health professional education.
Sec. 202. Grants to improve continuing professional education.
TITLE III--RESEARCH ON TOPICS RELATED TO COORDINATION OF CARE, SYMPTOM
MANAGEMENT, AND PALLIATIVE CARE FOR CANCER PATIENTS
Sec. 301. Research program.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Individuals with cancer often do not have access to a
cancer care system that provides comprehensive and coordinated
care of high quality.
(2) The cancer care system has not traditionally offered
individuals with cancer a prospective and comprehensive plan
for treatment and symptom management, strategies for updating
and evaluating such plan with the assistance of a health care
professional, and a follow-up plan for monitoring and treating
possible late effects of cancer and its treatment.
(3) Cancer survivors often experience the under-diagnosis
and under-treatment of the symptoms of cancer, a problem that
begins at the time of diagnosis and may become more severe with
disease progression and at the end of life. The failure to
treat the symptoms, side effects, and late effects of cancer
and cancer treatment may have a serious adverse impact on the
health, survival, well-being, and quality of life of cancer
survivors.
(4) Cancer survivors who are members of racial and ethnic
minority groups may face severe obstacles in receiving
coordinated cancer care that includes appropriate management of
cancer symptoms and treatment of side effects.
(5) Individuals with cancer are sometimes not provided
information about their disease and treatment options that
might result in their request for, and engagement in,
coordinated care that includes appropriate treatment and
symptom management.
(6) Comprehensive cancer care should incorporate access to
psychosocial services and management of the symptoms of cancer
and the symptoms of cancer treatment, including pain, nausea,
vomiting, fatigue, and depression.
(7) Comprehensive cancer care should include a means for
providing cancer survivors with a comprehensive care summary
and a plan for follow-up care after primary treatment to ensure
that cancer survivors have access to follow-up monitoring and
treatment of possible late effects of cancer and cancer
treatment.
(8) The Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' described the elements of quality care
for an individual with cancer, including--
(A) the development of initial treatment
recommendations by an experienced health care provider;
(B) the development of a plan for the course of
treatment of the individual and communication of the
plan to the individual;
(C) access to the resources necessary to implement
the course of treatment;
(D) access to high-quality clinical trials;
(E) a mechanism to coordinate services for the
treatment of the individual; and
(F) psychosocial support services and compassionate
care for the individual.
(9) In its report ``From Cancer Patient to Cancer Survivor:
Lost in Transition'', the Institute of Medicine recommended
that individuals with cancer completing primary treatment be
provided a comprehensive summary of their care along with a
follow-up survivorship plan of treatment.
(10) Since more than half of all cancer diagnoses occur
among elderly Medicare beneficiaries, the problems of providing
cancer care are problems of the Medicare program.
(11) Shortcomings in providing cancer care, resulting in
inadequate management of cancer symptoms and insufficient
monitoring and treatment of late effects of cancer and its
treatment, are related to problems of Medicare payments for
such care, inadequate professional training, and insufficient
investment in research on symptom management.
(12) Changes in Medicare payment for comprehensive cancer
care, enhanced public and professional education regarding
symptom management, and more research related to coordination
of care, symptom management and palliative care will enhance
patient decisionmaking about treatment options and will
contribute to improved care for individuals with cancer from
the time of diagnosis of the individual through the end of the
life of the individual.
TITLE I--COMPREHENSIVE CANCER CARE UNDER THE MEDICARE PROGRAM
SEC. 101. COVERAGE OF CANCER CARE PLANNING SERVICES.
(a) In General.--Section 1861 of the Social Security Act is
amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by adding ``and'' at the end of subparagraph
(FF); and
(C) by adding at the end the following new
subparagraph:
``(GG) comprehensive cancer care planning services
(as defined in subsection (iii));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Cancer Care Planning Services
``(iii)(1) The term `comprehensive cancer care planning services'
means--
``(A) with respect to an individual who is diagnosed with
cancer, the development of a plan of care that--
``(i) details, to the greatest extent practicable,
all aspects of the care to be provided to the
individual, with respect to the treatment of such
cancer, including any curative treatment, comprehensive
symptom management, and palliative care;
``(ii) is furnished, in person, in written form to
the individual within a period specified by the
Secretary that is as soon as practicable after the date
on which the individual is so diagnosed;
``(iii) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(iv) is in accordance with standards determined
by the Secretary to be appropriate;
``(B) with respect to an individual for whom a plan of care
has been developed under subparagraph (A), the revision of such
plan of care as necessary to account for any substantial change
in the condition of the individual, recurrence of disease, or
significant revision of the elements of curative or palliative
care for the individual, if such revision--
``(i) is in accordance with clauses (i), (iii), and
(iv) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision;
``(C) with respect to an individual who has completed the
primary treatment for cancer, as defined by the Secretary (such
as completion of chemotherapy or radiation treatment), the
development of a follow-up cancer care plan that--
``(i) describes the elements of the primary
treatment, including symptom management and palliative
care, furnished to such individual;
``(ii) provides recommendations for the subsequent
care of the individual with respect to the cancer
involved;
``(iii) is furnished, in person, in written form,
to the individual within a period specified by the
Secretary that is as soon as practicable after the
completion of such primary treatment;
``(iv) is furnished, to the greatest extent
practicable, in a form that appropriately takes into
account cultural and linguistic needs of the individual
in order to make the plan accessible to the individual;
and
``(v) is in accordance with standards determined by
the Secretary to be appropriate; and
``(D) with respect to an individual for whom a follow-up
cancer care plan has been developed under subparagraph (C), the
revision of such plan as necessary to account for any
substantial change in the condition of the individual,
diagnosis of a second cancer, or significant revision of the
plan for follow-up care, if such revision--
``(i) is in accordance with clauses (i), (ii),
(iv), and (v) of such subparagraph; and
``(ii) is furnished in written form to the
individual within a period specified by the Secretary
that is as soon as practicable after the date of such
revision.
``(2) The Secretary shall establish standards to carry out
paragraph (1) in consultation with appropriate organizations
representing providers of services related to cancer treatment and
organizations representing survivors of cancer. Such standards shall
include standards for determining the need and frequency for revisions
of the plans of care and follow-up plans based on changes in the
condition of the individual or elements and intent of treatment and
standards for the communication of the plan to the patient.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended by striking ``and'' before ``(Z)'' and
inserting before the semicolon at the end the following: ``, and (AA)
with respect to comprehensive cancer care planning services described
in any of subparagraphs (A) through (D) of section 1861(iii)(1), the
amount paid shall be an amount equal to the sum of (i) the national
average amount under the physician fee schedule established under
section 1848 for a new patient office consultation of the highest level
of service in the non-facility setting, and (ii) the national average
amount under such fee schedule for a physician certification described
in section 1814(a)(2) for home health services furnished to an
individual by a home health agency under a home health plan of care''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act.
TITLE II--PROVIDER EDUCATION REGARDING PALLIATIVE CARE AND SYMPTOM
MANAGEMENT
SEC. 201. GRANTS TO IMPROVE HEALTH PROFESSIONAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services shall
make grants to eligible entities to enable the entities to improve the
quality of graduate and postgraduate training of physicians, nurses,
and other health care providers in developing cancer care plans for
cancer patients and communicating such plans to the individual
patients.
(b) Application.--To seek a grant under this section, an eligible
entity shall submit an application at such time, in such manner, and
containing such information as the Secretary may require. At a minimum,
the Secretary shall require that each such application demonstrate--
(1) the ability to train health professionals in--
(A) the provision of cancer care that fully
coordinates active treatment, symptom management, and
palliative care; and
(B) the communication of a written plan for
coordinated cancer care to the patient; and
(2) the ability to collect and analyze data related to the
effectiveness of such training programs.
(c) Evaluation.--The Secretary shall develop and implement a plan
for evaluating the effects of the training programs funded under this
section.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an entity that is--
(A) a cancer center (including an NCI-designated
cancer center);
(B) an academic health center;
(C) a physician practice;
(D) a school of nursing;
(E) a visiting nurse association;
(F) a home care agency; or
(G) a private nonprofit organization with expertise
and experience in health provider training.
(2) The term ``NCI-designated cancer center'' means a
cancer center receiving funds through a P30 Cancer Center
Support Grant of the National Cancer Institute.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of the
fiscal years 2013 through 2017.
SEC. 202. GRANTS TO IMPROVE CONTINUING PROFESSIONAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services shall
make grants to eligible entities to improve the quality of continuing
professional education provided to qualified individuals regarding the
development and communication of written cancer care plans that outline
a system of care that coordinates active treatment and palliative care.
(b) Application.--To seek a grant under this section, an eligible
entity shall submit an application at such time, in such manner, and
containing such information as the Secretary may require. At a minimum,
the Secretary shall require that each such application demonstrate--
(1) experience in sponsoring continuing professional
education programs;
(2) the ability to reach health care providers and other
professionals who are engaged in cancer care with such
continuing professional education programs;
(3) the capacity to develop innovative training programs
aimed at enhancing the delivery of coordinated cancer care that
includes appropriate symptom management and palliative care;
and
(4) the ability to evaluate the effectiveness of such
professional education and training programs.
(c) Evaluation.--The Secretary shall develop and implement a plan
for evaluating the effects of the continuing professional education and
training programs funded under this section.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an entity that is--
(A) a cancer center (including an NCI-designated
cancer center);
(B) an academic health center;
(C) a school of nursing;
(D) a professional society that supports continuing
professional education programs; or
(E) a private nonprofit organization with expertise
and experience in health provider training.
(2) The term ``NCI-designated cancer center'' means a
cancer center receiving funds through a P30 Cancer Center
Support Grant of the National Cancer Institute.
(3) The term ``qualified individual'' means a physician,
nurse, social worker, chaplain, psychologist, or other
individual who is involved in providing comprehensive cancer
care, including active treatment, symptom management, and
palliative care, to cancer patients.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of the
fiscal years 2013 through 2017.
TITLE III--RESEARCH ON TOPICS RELATED TO COORDINATION OF CARE, SYMPTOM
MANAGEMENT, AND PALLIATIVE CARE FOR CANCER PATIENTS
SEC. 301. RESEARCH PROGRAM.
(a) In General.--The Secretary of Health and Human Services shall
provide investment, through existing research programs, for research on
topics related to cancer care planning, cancer care coordination,
symptom management, palliative care, and comprehensive survivorship
care.
(b) Participation.--In carrying out the research authorized under
this section, the Secretary should provide for the participation of
institutes and centers of the National Institutes of Health, the
Centers for Medicare & Medicaid Services, and any other national
research institute that has been engaged in research described in
subsection (a).
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of the
fiscal years 2013 through 2017. | Comprehensive Cancer Care Improvement Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of comprehensive cancer care planning services.
Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to improve the quality of: (1) graduate and postgraduate training of physicians, nurses, and other health care providers in developing cancer care plans for, and communicating such plans to, patients; and (2) continuing professional education regarding the development and communication of written cancer care plans that outline a system of care that coordinates active treatment and palliative care.
Requires the Secretary to provide investment, through existing programs, for research on topics related to cancer care planning and coordination, symptom management, palliative care, and comprehensive survivorship care. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for coverage of comprehensive cancer care planning under the Medicare Program and to improve the care furnished to individuals diagnosed with cancer by establishing grants programs for provider education, and related research."} | 3,421 | 170 | 0.631835 | 1.765678 | 0.747951 | 5.953947 | 20.947368 | 0.967105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Realtime Writers Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by section
305 of the Telecommunications Act of 1996 (Public Law 104-104;
110 Stat. 126), the Federal Communications Commission adopted
rules requiring closed captioning of most television
programming, which gradually require new video programming to
be fully captioned beginning in 2006.
(2) More than 28,000,000 Americans, or 8 percent of the
population, are considered deaf or hard of hearing and many
require captioning services to participate in mainstream
activities.
(3) More than 24,000 children are born in the United States
each year with some form of hearing loss.
(4) According to the United States Department of Health and
Human Services and a study done by the National Council on
Aging--
(A) 25 percent of Americans over 65 years old are
hearing impaired;
(B) 33 percent of Americans over 70 years old are
hearing impaired; and
(C) 41 percent of Americans over 75 years old are
hearing impaired.
(5) The National Council on Aging study also found that
depression in older adults may be directly related to hearing
loss and disconnection with the spoken word.
(6) Over the past 5 years, student enrollment in programs
that train court reporters to become realtime writers has
decreased significantly, causing such programs to close on many
campuses.
SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB
PLACEMENT OF REALTIME WRITERS.
(a) In General.--The National Telecommunications and Information
Administration shall make grants to not more than 20 eligible entities
under subsection (b) to promote training and placement of individuals,
including individuals who have completed a court reporting training
program, as realtime writers in order to meet the requirements for
closed captioning of video programming set forth in section 723 of the
Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
(b) Eligible Entities.--For purposes of this Act, an eligible
entity is a court reporting program that is--
(1) approved by the National Court Reporters Association;
(2) accredited by an accrediting agency recognized by the
Department of Education; and
(3) participating in student aid programs under title IV of
the Higher Education Act of 1965.
(c) Duration of Grant.--A grant under this section shall be for a
period of two years.
(d) Maximum Amount of Grant.--The amount of a grant provided under
subsection (a) to an entity eligible may not exceed $1,000,000 for the
two-year period of the grant under subsection (c).
SEC. 4. APPLICATION.
(a) In General.--To receive a grant under section 3, an eligible
entity shall submit an application to the National Telecommunications
and Information Administration at such time and in such manner as the
Administration may require. The application shall contain the
information set forth under subsection (b).
(b) Information.--Information in the application of an eligible
entity under subsection (a) for a grant under section 3 shall include
the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training and
assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion of
training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the grant
period, including any partnerships or arrangements established
for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Such other information as the Administration may
require.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under section
3 shall use the grant amount for purposes relating to the recruitment,
training and assistance, and job placement of individuals, including
individuals who have completed a court reporting training program, as
realtime writers, including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) education and training;
(5) job placement assistance;
(6) encouragement of individuals with disabilities to
pursue a career in realtime writing; and
(7) the employment and payment of personnel for such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient of
the scholarship for financial assistance, as determined in
accordance with part F of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the
National Telecommunications and Information Administration to
provide realtime writing services for a period of time (as
determined by the Administration) that is appropriate (as so
determined) for the amount of the scholarship received.
(3) Coursework and employment.--The Administration shall
establish requirements for coursework and employment for
recipients of scholarships under subsection (a)(2), including
requirements for repayment of scholarship amounts in the event
of failure to meet such requirements for coursework and
employment. Requirements for repayment of scholarship amounts
shall take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as realtime
writers.
(c) Administrative Costs.--The recipient of a grant under section 3
may not use more than 5 percent of the grant amount to pay
administrative costs associated with activities funded by the grant.
(d) Supplement Not Supplant.--Grants amounts under this Act shall
supplement and not supplant other Federal or non-Federal funds of the
grant recipient for purposes of promoting the training and placement of
individuals as realtime writers
SEC. 6. REPORTS.
(a) Annual Reports.--Each eligible entity receiving a grant under
section 3 shall submit to the National Telecommunications and
Information Administration, at the end of each year of the grant
period, a report on the activities of such entity with respect to the
use of grant amounts during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of grant
amounts by the entity during such year, including an assessment
by the entity of the effectiveness of activities carried out
using such funds in increasing the number of realtime writers.
The assessment shall utilize the performance measures submitted
by the entity in the application for the grant under section
4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant for
increasing the number of individuals who are trained, employed,
and retained in employment as realtime writers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
amounts as follows:
(1) $15,000,000 for each of fiscal years 2003, 2004, and
2005.
(2) Such sums as may be necessary for each of fiscal years
2006 and 2007. | Training for Realtime Writers Act of 2002 - Directs the National Telecommunications and Information Administration to make grants to up to 20 eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Limits grants to a two-year period and a maximum amount of $1 million. | {"src": "billsum_train", "title": "A bill to provide grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes."} | 1,673 | 83 | 0.549509 | 1.568753 | 0.85104 | 4.285714 | 23.4 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cheaper Car Insurance Act of 2010''.
SEC. 2. AUTOMOBILE INSURANCE FRAUD.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting at the end the following:
``SEC. 1041. AUTOMOBILE INSURANCE FRAUD.
``(a) In General.--
``(1) Whoever knowingly commits automobile insurance fraud
shall be punished as provided in subsection (b).
``(2) Whoever knowingly acts as a runner, capper, or
steerer shall be punished as provided in subsection (b).
``(3) Whoever knowingly acts as an organizer of an auto
insurance fraud operation shall be punished as provided in
subsection (b).
``(4) Whoever knowingly acts as a mastermind or leader of
an auto insurance fraud operation shall be punished as provided
in subsection (b).
``(b) Penalties.--The punishment for an offense under subsection
(a) shall be as follows:
``(1) For any violation of subsection (a)(1) in which the
defendant is not also convicted of being a runner, capper, or
steerer under subsection (a)(2), an organizer under subsection
(a)(3), or a leader or master mind under subsection (a)(4),
such person shall be fined not more than $100,000, imprisoned
not more than 5 years, or both. If the defendant has a prior
conviction under subsection (a)(1), such person shall be fined
not more than $100,000, imprisoned not more than 10 years, or
both.
``(2) For any violation of subsection (a)(2), such person
shall be fined not more than $100,000, imprisoned not more than
5 years, or both.
``(3) For any violation of subsection (a)(3), such person
shall be fined not more than $100,000, imprisoned not more than
10 years, or both.
``(4) For any violation of subsection (a)(4), such person
shall be fined not more than $100,000, imprisoned not more than
15 years, or both.
``(c) Increased Fine.--If a violation of subsection (a) results in
costs that exceed $100,000, the fine imposed under subsection (b) may
be in an amount greater than $100,000 in order to cover the resulting
cost.
``(d) Definitions.--In this section--
``(1) the term `automobile insurance fraud' means fraud
committed by any person who knowingly and intentionally
presents a written statement or claim, causes a written
statement or claim to be presented, or prepares a written
statement or claim with knowledge or belief that it will be
presented to or by an insurer, self-insurer, or any agent
thereof, that such person knows--
``(A) contains materially false information
concerning any fact material to an application,
certificate, evidence, or claim referred to in
paragraph (2); or
``(B) conceals, for the purpose of misleading,
information concerning any fact material to an
application, certificate, evidence, or claim referred
to in paragraph (2);
``(2) the term `mastermind' or `leader' means any
individual who knowingly solicits or employs 2 or more people,
or conspires with 2 or more people, to engage in automobile
insurance fraud, and who is not also a runner, capper, steerer,
or an organizer;
``(3) the term `organizer' means any individual who
knowingly solicits or employs a runner, capper, or steerer, or
acts as a runner, capper, or steerer, with the intent of
seeking to falsely or fraudulently obtain benefits under a
contract of insurance, or to falsely or fraudulently assert a
claim against an insured or an insurer for providing services
to a client, patient, or customer;
``(4) the term `runner, capper, or steerer' means any
person who, for either direct or indirect pecuniary benefit,
knowingly procures or attempts to procure a client, patient, or
customer at the direction of, or in cooperation with, a person
committing automobile insurance fraud under subsection (a),
regardless of whether or not the person otherwise participates
in the fraud; and
``(5) the term `written statement or claim' means a written
statement or submission by telephone, computer, or in any other
electronic or digital form, that is part of, or in support of--
``(A) an application for the issuance of or the
rating of a commercial insurance policy;
``(B) a certificate or evidence of self-insurance
for commercial insurance or commercial self-insurance;
or
``(C) a claim for payment or other benefit pursuant
to an insurance policy or self-insurance program for
commercial or personal insurance.''.
(b) Conforming Amendment.--The chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1041. Automobile insurance fraud''.
SEC. 3. BEST PRACTICES.
(a) In General.--The Department of Justice shall publish best
practices for the States to use--
(1) in licensing auto body shops that perform work paid for
by insurers; and
(2) in licensing medical treatment provided to people who
are injured in automobile accidents.
(b) Goal.--The goal of publishing best practices as required under
subsection (a) is to encourage the States to adopt such practices to
limit the feasibility of committing insurance fraud.
SEC. 4. INVESTIGATION OF FRAUDULENT PRACTICES.
(a) In General.--The Attorney General shall cooperate with the
offices of the United States Attorneys to--
(1) aggressively investigate fraudulent chop shops and
salvage yards;
(2) aggressively prosecute automobile insurance fraud (as
defined in section 1041 of title 18, United States Code, as
added by section 2); and
(3) report statistics on investigations, prosecutions, and
convictions of automobile insurance fraud.
(b) Reporting.--Statistics referred to in subsection (a)(3) shall
be reported to the Committee on the Judiciary of the Senate and the
appropriate Committee of the House of Representatives.
SEC. 5. FEDERAL-STATE-LOCAL ANTI-AUTO INSURANCE TASK FORCE.
(a) Establishment of Units.--The Attorney General shall establish
Federal-State-Local Anti-Auto Insurance Fraud Task Forces in the
offices of the United States Attorneys in the 10 cities in the United
States that are most severely affected, as determined by the Attorney
General, by automobile insurance fraud (as defined in section 1041 of
title 18, United States Code, as added by section 2).
(b) Purpose.--The special units established under subsection (a)
shall investigate and prosecute automobile insurance fraud.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for fiscal year 2011, and each
fiscal year thereafter, such sums as are necessary to carry out the
provisions of this Act.
SEC. 6. INSURANCE COMPANY RIGHT TO MANDATORY INSPECTION BEFORE
INSURING.
(a) Right of Inspection.--An insurance company shall have the right
to require a mandatory inspection by an insurance company
representative or agent of any motor vehicle prior to agreeing to
provide insurance coverage, except as provided under subsection (b).
(b) Exemption From Pre-Insurance Inspection.--The right to inspect
under subsection (a) may be waived by an insurance company under the
following circumstances:
(1) The motor vehicle is already insured under the policy
for either comprehensive or collision coverage.
(2) The motor vehicle is a new vehicle purchased from a
retail dealership, and the insurer is provided with--
(A) a copy of the bill of sale containing a full
description of the motor vehicle, including options and
accessories, and a statement from the seller that the
motor vehicle has no damage; or
(B) a copy of the Manufacturer Statement of Origin,
a statement from the seller that the motor vehicle has
no damage, and a copy of the window sticker or dealer
invoice containing a full description of the motor
vehicle, including options or accessories.
(3) An insured named in the policy has been insured by the
same insurer for 1 or more policy years under a policy that has
continuously provided physical damage coverage.
(4) The motor vehicle is rented or leased for less than 6
months, provided that the insurer is given a copy of the lease
or rental agreement, and that the document contains a complete
description of the rented or leased motor vehicle, including
its condition at the time of lease or rental.
(5) The motor vehicle is rated or insured under a
commercial automobile insurance policy.
(6) When pre-insurance inspection would cause serious
hardship to the insured or applicant for insurance, and the
hardship is documented in records maintained by the insurer.
(c) Non-Discrimination of Pre-Insurance Inspections.--An insurer
may require a pre-insurance inspection of an otherwise exempt motor
vehicle. The decision to require a pre-insurance inspection of an
exempt vehicle shall not be based on the age, race, sex, religion, or
marital status of the applicant or insured, or the fact that the motor
vehicle has been insured through a residual or non-voluntary insurance
market. | Cheaper Car Insurance Act of 2010 - Amends the federal criminal code to impose criminal penalties on anyone who knowingly: (1) commits automobile insurance fraud; or (2) acts as a runner, capper, steerer, organizer, mastermind, or leader of an auto insurance fraud operation.
Directs the Department of Justice (DOJ) to publish best practices for states to use in licensing: (1) auto body shops that perform work paid for by insurers; and (2) medical treatment for people injured in auto accidents.
Directs the Attorney General to: (1) cooperate with the offices of the United States attorneys to investigate fraudulent chop shops and salvage yards, prosecute automobile insurance fraud, and report statistics on investigations, prosecutions, and convictions of automobile insurance fraud; and (2) establish Federal-State-Local Anti-Auto Insurance Fraud Task Forces in cities most severely affected by automobile insurance fraud.
Grants an insurance company the right to require a mandatory inspection of any motor vehicle prior to agreeing to provide insurance coverage and to waive such right under specified circumstances. | {"src": "billsum_train", "title": "A bill to create a penalty for automobile insurance fraud, and for other purposes."} | 2,074 | 222 | 0.520339 | 1.616017 | 0.707356 | 4.086124 | 9.325359 | 0.937799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Emergency Needs Corps of
Engineers Authorization Act of 2006''.
SEC. 2. HURRICANE AND FLOOD PROTECTION, LAKE PONTCHARTRAIN, LOUISIANA.
(a) Report.--Not later than 20 days after the date of enactment of
this Act, the Secretary of the Army, acting through the Chief of
Engineers (referred to in this Act as the ``Secretary''), shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) with respect to the project for hurricane-flood
protection on Lake Pontchartrain, Louisiana, authorized by
section 204 of the Flood Control Act of 1965 (79 Stat. 1077),
identifies activities to reconstruct hurricane and flood
protection measures relating to the outfall canals adjacent to
Lake Pontchartrain in the Jefferson and Orleans parishes of the
State of Louisiana that are substantially in accordance with
levels of hurricane and flood protection authorized under
Federal law and that are activities to--
(A) reconstruct and fortify floodwalls adjacent to
the canals;
(B) construct at the heads of the canals pumping
stations with adequate pumping capacity, as determined
by the Secretary;
(C) install gate-like structures at the heads of
the canals; and
(D) prevent--
(i) seepage from the canals into adjacent
property; and
(ii) the undermining of floodwalls improved
or reconstructed under subparagraph (A);
(2) identifies activities to protect, restore, and reduce
the risk of storm damage in coastal areas of the State of
Louisiana in which a major disaster relating to Hurricane
Katrina or Hurricane Rita was declared by the President to
exist on or after August 29, 2005, in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), in accordance with the report
transmitted by the President to the House of Representatives
and dated October 28, 2005;
(3) identifies activities to fortify, strengthen, and
improve hurricane protection and flood control infrastructure
(including pumping stations) in existence on or before August
28, 2005, to ensure sustainability and prevent the failure of
the infrastructure under hurricane conditions, in accordance
with predicted area conditions for standard project hurricanes
and located in an area designed to be protected by a hurricane
or flood control project authorized under Federal law; and
(4) identifies any activity included in the report of the
Chief of Engineers dated August 23, 2002 (including
supplemental reports), that the Secretary determines to be
integral to the protection of life and property in the disaster
area described in paragraph (2).
(b) Implementation.--
(1) In general.--Absent a resolution of Congress
disapproving an activity identified in the report under
subsection (a), the Secretary may implement the activity
beginning on the date that is 30 days after the date on which
the report is submitted.
(2) Federal share.--The Federal share of the cost of an
activity carried out under paragraph (1) shall be 100 percent.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2006 through
2010--
(1) $1,400,000,000 to carry out activities identified under
paragraphs (1) through (3) of subsection (a); and
(2) $788,000,000 to carry out activities identified under
subsection (a)(4).
SEC. 3. COMPENSATION.
(a) In General.--Notwithstanding any other provision of law, in
acquiring property or an interest in property to improve, reconstruct,
or develop hurricane and flood protection measures relating to
Hurricane Katrina or Rita, the Secretary shall compensate the owner of
the property or interest without taking into consideration any damage
to the property or interest caused by Hurricane Katrina or Rita.
(b) Adjustment for Payments Made.--Notwithstanding subsection (a),
the Secretary may reduce the amount of compensation paid under
subsection (a) for property or an interest in property by the amount of
any other payment received by the owner of the property or interest for
damages to that property or interest as a result of Hurricane Katrina
or Rita, including a payment received from--
(1) an insurance claim; or
(2) the Federal Emergency Management Agency.
SEC. 4. EFFECT OF ACT.
Nothing in this Act affects any authority of the Secretary under
any other Federal law. | Louisiana Emergency Needs Corps of Engineers Authorization Act of 2006 - Directs the Secretary of the Army, acting through the Chief of Engineers, to report to Congress identifying: (1) activities to reconstruct hurricane and flood protection measures relating to canals adjacent to Lake Pontchartrain in the Jefferson and Orleans parishes in accordance with federally authorized levels of hurricane and flood protection; (2) activities to protect, restore, and reduce the risk of storm damage in Louisiana coastal areas in which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President on or after August 29, 2005; (3) activities to fortify, strengthen, and improve hurricane protection and flood control infrastructure in existence on or before August 28, 2005; and (4) any activity included in the Chief's report dated August 23, 2002, that the Secretary determines to be integral to the protection of life and property in the disaster area.
Authorizes the Secretary to implement such activities at full federal cost, absent a resolution of congressional disapproval, 30 days after the report is submitted.
Directs the Secretary, in acquiring property to improve, reconstruct, or develop hurricane and flood protection measures relating to Hurricane Katrina or Rita, to compensate the owner without taking into consideration damage caused by the hurricane. Allows the Secretary to reduce the amount of compensation paid by the amount of any other payment received by the owner, including from an insurance claim or from the Federal Emergency Management Agency (FEMA). | {"src": "billsum_train", "title": "To require the Secretary of the Army to submit to Congress a report identifying activities for hurricane and flood protection in Lake Pontchartrain, Louisiana, and for other purposes."} | 980 | 311 | 0.724049 | 2.196592 | 0.837929 | 5.09894 | 3.240283 | 0.95053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Communities Act of 2017''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Land use and public facility planning at both the State
and local levels have not had adequate financial resources to
fully incorporate the threats posed both by natural and human-
caused disasters, including acts of terrorism. Too frequently
this has resulted in costly disaster relief programs and
piecemeal, ad hoc security responses, such as unattractive
physical barriers that disrupt and adversely impact the
physical, social, economic, and civic lives in United States
communities.
(2) Although land use planning is rightfully within the
jurisdiction of State and local governments, encouraging
community safety by incorporating disaster mitigation and
emergency preparedness into comprehensive land use planning and
urban development should be supported by the Federal Government
and State governments.
(3) Disaster response and relief efforts impose significant
costs to United States taxpayers. Federal expenditure is
heavily weighted to post-disaster recovery, rather than
mitigation. Planning should be undertaken to prevent property
damage and human casualties, proactively incorporating
mitigation strategies and methods from the professional fields
of urban, community, and regional planning (including
transportation and land use), architecture, landscape
architecture, and urban design.
(4) Disaster planning has traditionally been biased toward
facilitating efficient responses and recovery, potentially to
the detriment of other planning goals. Comprehensive planning
can incorporate a range of effective practices for reducing
risks posed by natural disasters and terrorist acts. The
Federal Government and States should provide a supportive
climate and statutory context for comprehensive planning.
(5) Many States have land use statutes that do not
currently support comprehensive planning for safe communities,
and many States are undertaking efforts to update and reform
statutes to better enable planning efforts that incorporate
long-term hazard mitigation and emergency preparedness.
(6) Efforts to coordinate State and regional investments,
including at-risk public infrastructure, with local plans
require additional State level planning.
(7) Comprehensive urban planning takes into account the
relationship between land use, transportation systems, water
and wastewater facilities, open space, and other critical
infrastructure in promoting safe and economically viable
communities.
(8) Local governments should integrate safety
considerations into comprehensive planning efforts.
(9) Safe housing is an essential component of safe
community development, and comprehensive planning should
incorporate modern, scientific planning techniques to ensure
that a broad range of safe housing options are available to all
members of the Nation's communities.
(10) Prevailing land use patterns often place people,
structures, and environmental systems at great risk. Poorly
regulated rural communities and small towns located on the
metropolitan fringe often face significant growth pressures,
resulting in haphazard development patterns that do not
incorporate regional impacts on critical disaster-reduction
systems, such as open space and wetlands.
(11) The Federal Government and State governments should
support the efforts of Tribal governments and Native Hawaiian
organizations to implement land use planning and community
development to improve the safety of housing and socioeconomic
conditions for Indian Tribes and Native Hawaiians.
SEC. 3. SAFE COMMUNITIES PLANNING GRANTS.
(a) Grant Program Authorized.--The Secretary of Homeland Security
shall establish a program to provide grants to States and local
governments for the purpose of assisting in--
(1) the development or revision of land use planning
statutes, and State or local comprehensive planning documents,
in those States or local governments that either do not have
land use planning statutes, or have inadequate or outmoded land
use planning statutes and regulations, such that planning
efforts have not adequately incorporated strategies to mitigate
natural and human-caused hazards, including acts of terror, or
otherwise hinder coordination of comprehensive planning and
emergency preparedness efforts;
(2) the creation or revision of State land use planning
statutes and local comprehensive land use plans or plan
elements in those States or local governments that have land
use planning statutes that incorporate risk-reduction and
natural and human-caused hazard mitigation; and
(3) the development or revision of comprehensive land use
plans or plan elements for multi-State regions.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local planning director shall submit to the
Secretary an application, in such form as the Secretary may require,
that demonstrates to the Secretary that the basic goals of the State or
local government regarding land use planning legislation or regulation
are consistent with all of the following guidelines:
(1) Citizen engagement.--Public notification, citizen
representation, and stakeholder involvement in a consensus-
based, multi-disciplinary planning process are required in
developing, adopting, and updating land use plans.
(2) Multi-jurisdictional cooperation.--In order to
effectively assess the risks posed to communities by natural
hazards and terrorist acts, planning legislation, comprehensive
plans, and regulations are created based on multi-
jurisdictional governmental cooperation.
(3) Multi-agency coordination.--In order to effectively
assess the risks posed to communities by natural hazards and
terrorist acts, planning legislation, comprehensive plans, and
regulations are created based on cooperation between Federal,
State, and local government agencies.
(4) Implementation elements.--Land use plans contain an
implementation element that--
(A) includes a timetable for action and a
definition of the respective roles and responsibilities
of agencies, local governments, and citizens of the
State;
(B) is consistent with State and local capital
budget objectives; and
(C) provides the framework for decisions relating
to the siting of future infrastructure development,
including development of utilities and utility
distribution systems.
(5) Comprehensive planning.--There is comprehensive
planning to encourage land use plans that incorporate risk
assessment and mitigation into any of State or locally
adopted--
(A) comprehensive plans;
(B) urban design guidelines;
(C) building codes; and
(D) transportation plans, addressing both facility
investment and operations.
(6) Updating.--The State or local government addresses how
comprehensive plans, including land use plans, urban design
guidelines, building codes and transportation plans, will be
updated over time.
(7) Standards.--Comprehensive plans reflect an approach
that is consistent with established professional planning
standards.
(c) Use of Grant Funds.--Grant funds received by a State or local
government under subsection (a) shall be used for one or more of the
following purposes:
(1) Developing a comprehensive land use plan and
integrating natural hazard mitigation and security plan
elements into locally adopted and statewide comprehensive
plans.
(2) Assessing, inventorying, or mapping critical public
infrastructure for use in developing land use and community
development policies.
(3) Developing geographical information systems, including
technology acquisition, data development, modernization,
coordination, and technical assistance.
(4) Acquiring and developing scenario planning, risk
assessment, or vulnerability analysis technology.
(5) Reviewing and updating building codes, zoning, land use
regulations, and State-level enabling legislation.
(6) Implementing CPTED (Crime Prevention Through
Environmental Design) initiatives.
(7) Assessing risk and vulnerability, particularly related
to land use.
(8) Incorporating mitigation and security elements in
transportation plans, facilities, and operations.
(9) Incorporating regional security plans with regional
transportation or land use plans.
(10) Encouraging interagency cooperation, particularly
between first-responders and State and local planning agencies.
(11) Identifying natural hazard areas and integrating them
into updates of comprehensive plans, land use regulations,
zoning, and building codes.
(d) Amount of Grant.--The amount of a grant under subsection (a)
shall not exceed $1,125,000.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a project funded with a grant under subsection
(a) shall not exceed 90 percent.
(2) Increased federal share.--The Secretary may increase
the Federal share in the case of a grant to a Tribal government
or Native Hawaiian organization if the Secretary finds that the
Tribal government or Native Hawaiian organization does not have
sufficient funds to contribute to the project.
(f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State or local planning director responsible for the drafting
and updating of State guide plans or guidance documents regulating land
use and infrastructure development on a statewide basis.
(g) Audits.--
(1) In general.--The Inspector General of the Department of
Homeland Security shall conduct an audit of a portion of the
grants provided under this section to ensure that all funds
provided under the grants are used for the purposes specified
in this section.
(2) Use of audit results.--The results of audits conducted
under paragraph (1) and any recommendations made in connection
with the audits shall be taken into consideration in awarding
any future grant under this section to a State.
(h) Definitions.--In this section, the following definitions apply:
(1) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, Executive
order, or other action taken by a State or local government to
guide, regulate, and assist in the planning, regulation, and
management of land, natural resources, development practices,
and other activities related to the pattern and scope of future
land use.
(2) Comprehensive plan.--The term ``comprehensive plan''
means a binding or non-binding planning document adopted for
the purpose of regulation and management of land, natural
resources, development practices, infrastructure investments,
and other activities related to the pattern and scope of future
land use and urban development.
(3) State.--The term ``State'' means any of the following:
(A) One of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
(B) A Tribal government.
(C) A Native Hawaiian organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(4) State planning director.--The term ``State planning
director'' means a State official designated by statute or by
the chief executive officer of the State whose principal
responsibility is the drafting and updating of State guide
plans or guidance documents that regulate land use and
development on a statewide basis.
(5) Local planning director.--The term ``local planning
director'' means a local official designated by statute, by the
mayor, or by the city council whose principal responsibility is
the drafting and updating of local comprehensive plans or
guidance documents that regulate land use and development
within the local government's jurisdiction.
(6) Tribal government.--The term ``Tribal government''
means the Tribal government of an Indian Tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
SEC. 4. SAFE COMMUNITIES PLANNING RESEARCH.
(a) Research Program Authorized.--The Secretary of Homeland
Security, in coordination with governmental, nongovernmental,
university, and commercial partners, shall conduct research and
analysis of the best practices in comprehensive land use and community
planning that aims to reduce threats posed by natural hazards and acts
of terrorism, focusing on--
(1) the integration of Federal facility security with local
and regional plans, codes, and regulations;
(2) examination of the impacts of security strategies,
facilities, and design on the overall physical and social
environment of a community, including the functionality and
accessibility of its streets, neighborhoods, civic and
commercial building, and public spaces; and
(3) integration of comprehensive mapping and risk-
assessment tools and strategies.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall report to Congress on best
practices in community security and safety planning, including--
(1) an evaluation of land use and development codes and
ordinances that aim to reduce the risks posed by natural
hazards and acts of terrorism;
(2) an evaluation of software and other tools that have
been developed to aide communities in planning for safe
development;
(3) an evaluation of codes, ordinances, security design
standards, and design tools that aim to encourage safe planning
in the siting and design of residential development; and
(4) an evaluation of best practices in incorporating safety
and security into infrastructure planning, including water,
wastewater, and storm water facilities, transportation systems,
and electricity generation and distribution facilities.
In determining best practices, the Secretary shall take into
consideration regional, State, and local differences, and shall
evaluate practices in terms of risk-reduction and cost.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this section
$57,250,000 for each of the fiscal years 2019 through 2023, of which--
(1) $56,250,000 shall be used for making grants under
section 3; and
(2) $300,000 shall be used to carry out section 4. | Safe Communities Act of 2017 This bill directs the Department of Homeland Security (DHS) to provide grants to assist states and local governments in: (1) the development or revision of land use planning statutes and state or local comprehensive planning documents, (2) the creation or revision of state land use planning statutes and local comprehensive land use plans that incorporate risk reduction and hazard mitigation, and (3) the development or revision of comprehensive land use plans or plan elements for multi-state regions. The bill sets forth eligibility criteria for grant recipients and allowable uses of grant funds. DHS shall conduct research and analysis of best practices in comprehensive land use and community planning that aims to reduce threats posed by natural hazards and acts of terrorism. | {"src": "billsum_train", "title": "Safe Communities Act of 2017"} | 2,787 | 148 | 0.585978 | 1.552846 | 0.702222 | 6.521127 | 19.042254 | 0.915493 |
entitled ``Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America', and for other
purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is amended
by adding at the end the following new sections:
``SEC. 7. LABELING OF TEXTILE FIBER AND OTHER PRODUCTS.
``(a) In General.--No product, including textile fiber products,
shall have a stamp, tag, label, or other means of identification or
substitute therefor on or affixed to the product stating `Made in USA'
or otherwise stating or implying that the product was made or assembled
in the United States unless--
``(1) each individual providing direct labor in production
of such product was paid a wage equal to or greater than the
wage set by the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.);
``(2) the product was produced or manufactured in
compliance with all Federal laws relating to labor rights and
working conditions, including, but not limited to, the National
Labor Relations Act, the Occupational Safety and Health Act of
1970, and the Fair Labor Standards Act of 1938;
``(3) the factory or other business concern producing or
manufacturing the product does not employ individuals under
conditions of indentured servitude.
``(b) Result of Noncompliance Regarding Textile Fiber Products.--A
textile fiber product, which is stamped, tagged, labeled, or otherwise
identified in violation of subsection (a) shall be deemed to be
misbranded for purposes of the Textile Fiber Products Identification
Act (15 U.S.C. 70 et seq.).
``(c) Definitions.--For purposes of the section:
``(1) Direct labor.--The term `direct labor' includes any
work provided to prepare, assemble, process, package, or
transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.
``(2) Indentured servitude.--The term `indentured
servitude' includes all labor for which an alien worker is in
the Commonwealth of the Northern Mariana Islands solely by
virtue of an employment contract with a specific and sole
employer or `master' who is in control of the duration of the
stay of the indentured alien worker in the Commonwealth of the
Northern Mariana Islands. If the worker displeases the
employer/master, the contract is terminated and the employee
must leave the Commonwealth of the Northern Mariana Islands.
``SEC. 8. MINIMUM WAGE.
``Section 503(c) of the foregoing Covenant shall be construed and
applied as if it read as follows:
```(c) The minimum wage provisions of the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
```(1) until the beginning of the day that is 30 days after
the date of the enactment of this Act, the minimum wage
applicable to the Commonwealth of the Northern Mariana Islands
shall be $3.55 per hour;
```(2) on the day that is 30 days after the date of the
enactment of this Act, and every six months thereafter, the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands shall be $1.00 per hour more than the minimum
wage that was applicable to the Commonwealth of the Northern
Mariana Islands for the preceding 6-month period until the
minimum wage applicable to the Commonwealth of the Northern
Mariana Islands is equal to the minimum wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act of 1938; and
```(3) after the minimum wage applicable to the
Commonwealth of the Northern Mariana Islands is equal to the
minimum wage rate set forth in section 6(a)(1) of the Fair Labor
Standards Act of 1938, pursuant to paragraph (2), the minimum wage
applicable to the Commonwealth of the Northern Mariana Islands shall
increase as necessary to remain equal to the minimum wage rate set
forth in section 6(a)(1) of the Fair Labor Standards Act of 1938.'
``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT.
``(a) Conditions.--No product of the Northern Mariana Islands may
enter the customs territory of the United States duty-free or not
subject to quota as the product of an insular possession, unless--
``(1) each individual providing direct labor in production
of the product was paid a wage equal to or greater than the
wage set by the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.);
``(2) the product was produced or manufactured in
compliance with all Federal laws relating to labor rights and
working conditions, including, but not limited to, the National
Labor Relations Act, the Occupational Safety and Health Act of
1970, and the Fair Labor Standards Act of 1938;
``(3) the factory or other business concern producing or
manufacturing the product does not employ individuals under
conditions of indentured servitude; and
``(4) the Commissioner of Customs has certified that the
Commonwealth of the Northern Mariana Islands is taking adequate
measures--
``(A) to prevent unlawful transshipment of goods
that is carried out by rerouting, false declaration
concerning country or place of origin, falsification of
documents, evasion of United States rules of origin, or
any other means; and
``(B) to prevent being used as a transit point for
the shipment of goods in violation of the Agreement on
Textiles and Clothing referred to in section 101(d)(4)
of the Uruguay Round Agreements Act or any other
applicable trade agreement.
``(b) Penalties Against Exporters.--If the President determines,
based on sufficient evidence, that an exporter has willfully falsified
information regarding the country of origin, manufacture, processing,
or assembly of a product of the Northern Mariana Islands for which
duty-free or quota-free treatment is claimed, then the President shall
deny to such exporter, and any successors of such exporter, for a
period of 2 years, duty-free and quota-free treatment for such product.
``(c) Definition.--For purposes of this section:
``(1) Direct labor.--The term `direct labor' includes any
work provided to prepare, assemble, process, package, or
transport a product, but does not include supervisory,
management, security, or administrative work.
``(2) Indentured servitude.--The term `indentured
servitude' includes all labor for which an alien worker is in
the Commonwealth of the Northern Mariana Islands solely by
virtue of an employment contract with a specific and sole
employer or `master' who is in control of the duration of the
stay of the indentured alien worker in the Commonwealth of the
Northern Mariana Islands. If the worker displeases the
employer/master, the contract is terminated and the employee
must leave the Commonwealth of the Northern Mariana Islands.
``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS.
``Section 506 of the foregoing Covenant shall be construed and
applied as if it included at the end the following subsection:
```(e)(1) The provisions of the Immigration and Nationality Act
shall apply to the Northern Mariana Islands as if the Northern Mariana
Islands were a State (as defined in section 101(a)(36) of such Act),
and a part of the United States (as defined in section 101(a)(38) of
such Act). Such Act shall supersede and replace all laws, provisions,
or programs of the Commonwealth of the Northern Mariana Islands
relating to the admission and removal of aliens from the Northern
Mariana Islands.
```(2)(A) The Attorney General may adjust the status of an alien
described in subparagraph (B) to that of an alien lawfully admitted for
permanent residence if the alien--
```(i) applies for such adjustment;
```(ii) is physically present in the Commonwealth of the
Northern Mariana Islands on the date such application is filed;
```(iii) is admissible to the United States as an
immigrant;
```(iv) during the 5-year period preceding such
application, has been and still is a person of good moral
character;
```(v) has not accepted or continued in unauthorized
employment in the Commonwealth of the Northern Mariana Islands
prior to filing such application, is not in unlawful
immigration status on the date of filing such application, and
has not failed (other than through no fault of the alien or
for technical reasons) to maintain continuously a lawful status since
entry into the Commonwealth of the Northern Mariana Islands; and
```(vi) establishes to the satisfaction of the Attorney
General that the denial of such application would result in
exceptional and extremely unusual hardship to the alien.
```(B) The benefits provided by subparagraph (A) shall apply to any
alien who--
```(i) during the 4-year period preceding the date of the
enactment of the United States-Commonwealth of the Northern
Marianas Human Dignity Act, was continuously authorized by the
Government of the Northern Mariana Islands (pursuant to the
immigration laws of the Commonwealth of the Northern Mariana
Islands) to enter into and remain temporarily in the Northern
Mariana Islands in order to perform temporary service or labor
in the Northern Mariana Islands; or
```(ii) is the alien spouse or minor child of an alien
described in clause (i).
```(C) When an alien is granted the status of having been lawfully
admitted for permanent residence pursuant to this paragraph, the
Secretary of State shall not be required to reduce the number of
immigrant visas authorized to be issued under the Immigration and
Nationality Act and the Attorney General shall not be required to
charge the alien any fee.
```(D) The definitions contained in the Immigration and Nationality
Act shall apply in the administration of this paragraph. Nothing
contained in this paragraph shall be held to repeal, amend, alter,
modify, effect, or restrict the powers, duties, functions, or authority
of the Attorney General in the administration and enforcement of such
Act or any other law relating to immigration, nationality, or
naturalization. The fact that an alien may be eligible to be granted
the status of having been lawfully admitted for permanent residence
under this paragraph shall not preclude the alien from seeking such
status under any other provision of law for which the alien may be
eligible.
```(3)(A) Except as provided in subparagraph (B), paragraphs (1)
and (2) shall take effect after the expiration of the 3-month period
beginning on the date of the enactment of the United States-
Commonwealth of the Northern Marianas Human Dignity Act.
```(B) With respect to an alien who, on the day preceding the date
of the enactment of the United States-Commonwealth of the Northern
Marianas Human Dignity Act, is authorized by the Government of the
Northern Mariana Islands (pursuant to the immigration laws of the
Commonwealth of the Northern Mariana Islands) to enter into and remain
temporarily in the Northern Mariana Islands in order to perform
temporary service or labor in the Northern Mariana Islands (and any
relatives of the alien if such relatives were authorized to accompany
or follow to join the alien)--
```(i) paragraph (1) shall apply to the alien beginning
after the earlier of--
```(I) the date on which such authorization expires
(such authorization not being subject to extension or
renewal by the Government of the Northern Mariana
Islands after the expiration of the 3-month period
beginning on the date of the enactment of the United
States-Commonwealth of the Northern Marianas Human
Dignity Act);
```(II) the date that is 2 years after the date of
the enactment of the United States-Commonwealth of the
Northern Marianas Human Dignity Act; or
```(III) the date on which the status of the alien
is adjusted to that of an alien lawfully admitted for
permanent residence under paragraph (2); and
```(ii) if otherwise eligible, the alien may apply for
adjustment of status under paragraph (2) beginning on the
effective date of such paragraph.
```(4) When deploying personnel to enforce the provisions of this
subsection, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration
officers.'.''.
SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS.
Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended
by striking ``or the Virgin Islands,'' each place it appears and
inserting ``, the Virgin Islands, or the Commonwealth of the Northern
Mariana Islands,''.
SEC. 5. RATE OF WAGES FOR LABORERS AND MECHANICS.
No Federal assistance of any kind, including funds made available
through Acts of appropriation, may be used for or in relation to any
project for construction, alteration, or repair (including painting and
decorating) of public buildings or public works within the geographical
limits of the Northern Mariana Islands and which requires or involves
the employment of mechanics or laborers shall unless the project is
subject to a contract that contains the following:
(1) A provision requiring that the minimum wages to be paid
the laborers and mechanics working on or in relation to the
project shall be at a rate set by the Secretary of Labor that
is not less than the minimum wage set forth in section 6 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206).
(2) A provision requiring the contractor or his
subcontractor to pay all mechanics and laborers employed
directly upon the site of the work, unconditionally and not
less often than once a week, and without subsequent deduction
or rebate on any account, the full amounts accrued at time of
payment, computed at wage rates not less than those stated in
the contract, regardless of any contractual relationship which
may be alleged to exist between the contractor or subcontractor
and such laborers and mechanics.
(3) A provision requiring that the scale of wages to be
paid shall be posted by the contractor in a prominent and
easily accessible place at the site of the work in English and
the predominant language of each worker.
(4) A provision requiring that there shall be withheld from
the contractor so much of accrued payments as may be considered
necessary by the contracting officer to pay to laborers and
mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by
the contract to be paid laborers and mechanics on the work and
the rates of wages received by such laborers and mechanics and
not refunded to the contractor, subcontractors, or their
agents.
SEC. 6. STUDY; REPORT.
(a) Study.--The Secretary of the Interior shall conduct a study of
the extent of human rights violations and labor rights violations in
the Northern Mariana Islands, including the use of forced or indentured
labor, and any efforts being taken by the Government of the United
States or the Government of the Northern Mariana Island to address or
prohibit such violations.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall transmit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
results of the study required by subsection (a).
(c) Consultation.--Appropriate local government officials, law
enforcement agencies, and nongovernmental organizations active in
instituting and protecting human and labor rights may be consulted when
conducting the study and preparing the report required by this section.
SEC. 7. EFFECT ON OTHER LAW.
The provisions of the amendments made by this Act shall be in
addition to, but shall not otherwise modify, the requirements of the
Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.). | United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a product (including textile fiber product) from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than the wage set by the Fair Labor Standards Act of 1938; (2) the product was manufactured in compliance with all Federal laws relating to labor rights and working conditions; and (3) the factory or other business producing the product does not employ individuals under conditions of indentured servitude.Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938; and (2) the Immigration and Nationality Act.Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met.Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands.Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands. | {"src": "billsum_train", "title": "To provide certain requirements for labeling textile fiber products and for duty-free and quota-free treatment of products of, and to implement minimum wage and immigration requirements in, the Northern Mariana Islands, and for other purposes."} | 3,568 | 305 | 0.637827 | 1.895524 | 0.703649 | 4.531008 | 12.918605 | 0.926357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Development
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The promotion of sustainable economic growth is the
only long-term solution to lifting people out of poverty and
addressing development challenges such as infectious disease,
food security, education, and access to clean water.
(2) Several of the greatest development success stories in
the last 50 years demonstrate how private sector investment and
economic growth are fundamental to lifting populations out of
poverty.
(3) There has been a dramatic shift in the composition of
capital flows to the developing world. Whereas 40 years ago
more than 70 percent of capital flowing to developing countries
was public sector foreign assistance, today 87 percent of
capital flowing to the developing world comes from the private
sector.
(4) Eleven of the 15 largest importers of United States
goods and services are countries that graduated from United
States foreign assistance, and 12 of the 15 fastest growing
markets for United States exports are former United States
foreign assistance recipients.
(5) With 12 departments, 26 agencies, and more than 60
Federal Government offices all involved in the delivery of
United States foreign assistance, it is extremely difficult for
United States businesses to navigate the bureaucracy in search
of opportunities to partner with such United States agencies.
(6) Although many United States development agencies have
taken steps to improve their private sector coordination
capabilities in recent years, these agency-specific strategies
remain opaque and must be integrated into a coherent
interagency coordination structure to engage the private
sector.
(7) President Barack Obama's 2010 Policy Directive on
Global Development created an Interagency Policy Committee
(IPC) for Global Development. However, the IPC has not yet
established a streamlined, interagency mechanism for
coordination with the private sector.
(8) In order to better leverage United States foreign
assistance dollars and to promote sustainable economic
development in partner countries, the private sector should be
consulted during development planning and programming
processes.
(9) Whether it is in the context of country, sector, or
global development strategy, decisions on program
prioritization and resource allocations would benefit greatly
from private sector perspectives and market data.
(10) By consulting with the private sector from the outset,
development programs can be designed to better attract private
sector investment and to promote public-private partnerships in
key development sectors.
(11) The Millennium Challenge Corporation and the
Partnership for Growth both analyze constraints to growth as
part of their planning processes, but these analyses need to be
included in agency country, sector, and global development
strategies to more effectively inform and guide the full
spectrum of United States development programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) United states development agencies.--The term ``United
States development agencies'' means the Department of State,
the United States Agency for International Development, the
Millennium Challenge Corporation, the Overseas Private
Investment Corporation, the Trade and Development Agency, the
Inter-American Foundation, and the African Development
Foundation.
(3) Private sector.--The term ``private sector'' means for-
profit United States businesses.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 4. PURPOSE.
The purpose of this Act is to maximize the impact of United States
development programs by--
(1) enhancing coordination between United States
development agencies and their programs and the private sector
and its investment activities;
(2) integrating private sector input into United States
development agencies planning and programming processes;
(3) institutionalizing analyses of constraints to growth
and investment throughout United States development agencies
planning and programming processes; and
(4) ensuring United States development agencies are
accountable for progress toward improving coordination of
United States development programs and private sector
investment activities.
SEC. 5. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT
PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES.
(a) In General.--The President, in consultation with the Secretary,
the Administrator, the Chief Executive Officer of the Millennium
Challenge Corporation, the Department of Commerce, and the heads of
other United States agencies that undertake development efforts, shall
establish a primary mechanism to assist the private sector in
coordinating United States development programs with private sector
investment activities.
(b) Duties.--The mechanism established under subsection (a) shall--
(1) streamline and integrate the various private sector
liaison functions of United States development agencies;
(2) facilitate the use of various development and finance
tools across United States development agencies to attract
greater private sector participation in development activities;
and
(3) establish a single point of contact for the private
sector for partnership opportunities with United States
development agencies.
SEC. 6. INTEGRATING PRIVATE SECTOR CONSULTATION IN COUNTRY, SECTOR, AND
GLOBAL DEVELOPMENT STRATEGIES.
The Secretary and the Administrator shall direct their respective
policy and country teams to include private sector consultation in all
country, sector, and global development strategies, including
integrated country strategies, regional and functional strategies,
country development cooperation strategies, mission strategic resource
plans, and global development strategies.
SEC. 7. ANALYSIS OF CONSTRAINTS TO GROWTH AND INVESTMENT IN FOREIGN
COUNTRIES AND SECTORS.
(a) In General.--The Secretary, the Administrator, and the heads of
other agencies that conduct relevant development activities shall
ensure that rigorous constraints to growth and investment analyses are
available and integrated as a component of all appropriate country,
region, and sector development strategies.
(b) Matters To Be Included.--The analysis required under subsection
(a) shall include, at a minimum, an identification and analysis of--
(1) constraints posed by the inadequacies of critical
infrastructure, rule of law, tax and investment codes, and
customs and regulatory regimes of recipient countries, as
appropriate; and
(2) particular economic sectors that are central to
achieving economic growth, such as agriculture, transportation,
energy, and financial services.
(c) Conduct.--If a credible constraints analysis meeting the
requirements set out in subsection (b) for a particular country,
region, or sector has not already been conducted by another United
States Government entity or multilateral institution, the analysis
shall be conducted by teams composed of representatives of relevant
United States agencies which will consult with international
organizations, the private sector, including representatives from
commercial sectors of recipient countries, and other stakeholders. In
all instances, whether using an existing constraints analysis or a
specially conducted one, the constraints analysis shall be made
available to the public, and for comment by all stakeholders prior to
finalization of development strategies.
(d) Results.--The results of the analysis required under subsection
(a) shall be incorporated into development strategies of United States
development agencies and shall be used to inform and guide resource
allocations.
SEC. 8. REPORT.
Not later than one year after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives a report that describes the specific measures that have
been taken to implement this Act and the outcomes that such measures
are intended to produce. | Directs the President to establish a primary mechanism to assist the private sector in coordinating U.S. development programs with private sector investment activities. Directs the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies. | {"src": "billsum_train", "title": "Economic Growth and Development Act"} | 1,563 | 78 | 0.44908 | 1.203836 | 1.118258 | 5.597015 | 22.835821 | 0.910448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Safety Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Federal motor carrier safety regulations need to be
strengthened to improve information provided to motor carriers
about past safety performance of drivers and to improve
supporting documentation for records of duty status.
(2) The final penalties imposed on motor carriers for
violations of Federal motor carrier safety regulations are
sometimes too small to motivate effective compliance with the
safety regulations.
(3) Penalties are too often considered part of the cost of
doing business.
(4) The Federal Highway Administration's ability to promote
compliance would be increased by setting minimum penalty
amounts and by increasing the current maximum penalties allowed
for such violations.
(5) Minimum penalty amounts would send the message to the
motor carrier industry that violations of the Federal motor
carrier safety regulations are significantly more serious than
traffic violations.
(6) Imposition of minimum civil penalties would increase
uniformity of penalties among different regions of the Federal
Highway Administration.
(b) Purposes.--The purposes of this Act are--
(1) to increase the maximum penalty amounts for civil
violations of Federal motor carrier safety regulations;
(2) to set a minimum penalty amount for such violations of
Federal motor carrier safety regulations; and
(3) to improve information provided to motor carriers about
past safety performance of drivers and to improve supporting
documentation for records of duty status.
SEC. 3. ESTABLISHMENT OF MINIMUM AMOUNT AND INCREASED MAXIMUM AMOUNTS.
Section 521(b)(2)(A) of title 49, United States Code, is amended--
(1) by striking ``not to exceed $500'' and inserting ``not
less than $500 and not to exceed $1,000'';
(2) by striking ``not exceed $2,500'' and inserting ``not
be less than $500 and shall not exceed $5,000'';
(3) by striking ``$1,000'' each place it appears and
inserting ``$2,000'';
(4) by striking ``$10,000'' the first place it appears and
inserting ``$20,000''; and
(5) by striking ``$10,000'' the second place it appears and
inserting ``$25,000''.
SEC. 4. DRIVER'S RECORD OF DUTY STATUS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Transportation shall promulgate
regulations amending section 395.8(k) of title 49, Code of Federal
Regulations, to require that any supporting document bearing on the
record of duty status of a driver who operates a commercial motor
vehicle--
(1) be retained, by the motor carrier using such driver,
for at least 6 months following receipt of such document by the
motor carrier; and
(2) include information identifying the driver and vehicle
related to the document.
(b) Definition.--In this section, the term ``supporting document''
means any electronic or paper document or record generated in the
normal course of business, in the provision of transportation by
commercial motor vehicle, that could be used by a safety inspector or
motor carrier to verify the accuracy of entries in a driver's record of
duty status, including trip reports, pay slips, bills of lading or
shipping papers, and receipts for fuel, lodging, and tolls.
SEC. 5. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.
(a) Amendment of Regulations.--Within 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall amend
section 391.23 of title 49, Code of Federal Regulations, to--
(1) specify the safety information that must be sought
under that section by a motor carrier with respect to a driver;
(2) require that such information be requested from former
employers and that former employers furnish the requested
information within 30 days after receiving the request; and
(3) ensure that the driver to whom such information applies
has a reasonable opportunity to review and comment on the
information.
(b) Safety Information.--The safety information required to be
specified under subsection (a)(1) shall include information on--
(1) any motor vehicle accidents in which the driver was
involved during the preceding 3 years;
(2) any failure of the driver, during the preceding 3
years, to undertake or complete a rehabilitation program under
section 12020 of the Commercial Motor Vehicle Safety Act of
1986 (49 U.S.C. App. 2701) after being found to have used, in
violation of law or Federal regulation, alcohol or a controlled
substance;
(3) any use by the driver, during the preceding 3 years, in
violation of law or Federal regulation of alcohol or a
controlled substance subsequent to completing such a
rehabilitation program; and
(4) any other matters determined by the Secretary of
Transportation to be appropriate and useful for determining the
driver's safety performance.
(c) Former Employer.--For purposes of this section, a former
employer is any person who employed the driver in the preceding 3
years. | Motor Carrier Safety Act of 1993 - Amends Federal transportation law to set forth minimum and increase maximum civil penalty amounts for: (1) violations of certain motor carrier safety recordkeeping requirements; and (2) substantial health and motor carrier safety violations which could lead to, or have resulted in, serious personal injury or death.
Directs the Secretary of Transportation (Secretary) to issue regulations to require that any document bearing on the record of duty status of a driver who operates a commercial motor vehicle: (1) be retained by the employing motor carrier for at least six months after receipt; and (2) include information identifying the driver and vehicle.
Requires the Secretary to amend the Code of Federal Regulations (CFR) with respect to the acquisition of safety performance histories of new drivers employed by a motor carrier. | {"src": "billsum_train", "title": "Motor Carrier Safety Act of 1993"} | 1,100 | 170 | 0.583843 | 1.644189 | 0.683516 | 3.35625 | 6.59375 | 0.85625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Options Act of 2017''.
SEC. 2. PREMIUM ASSISTANCE CREDIT ALLOWED FOR INSURANCE OUTSIDE AN
EXCHANGE.
(a) In General.--Section 36B of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Special Rules Relating to Certain Off-Exchange Plans.--
``(1) In general.--In the case of a taxpayer described in
paragraph (2) who is covered, or whose spouse or dependent is
covered, by a plan described in paragraph (3) for a coverage
month beginning after December 31, 2017, and before January 1,
2020, this section shall be applied with the following
modifications:
``(A) Such plan shall be treated as a qualified
health plan.
``(B) Subparagraph (A) of subsection (b)(2) shall
be applied without regard to so much of such
subparagraph as follows `of the taxpayer' and precedes
`, or'.
``(C) Clause (i) of subsection (b)(3)(B) shall be
applied by substituting `through an Exchange' for
`through the same Exchange through which the qualified
health plans taken into account under paragraph (2)(A)
were offered'.
``(D) Clause (i) of subsection (c)(2)(A) shall be
applied without regard to so much of such clause as
follows `(b)(2)(A)' and precedes `, and'.
``(E) Subsection (d)(3)(B) shall be applied without
regard to `through an Exchange'.
``(2) Taxpayer described.--For purposes of this subsection,
a taxpayer is described in this paragraph if the taxpayer
resides in a rating area or county in which the Secretary of
Health and Human Services certifies that no qualified health
plans are offered through an Exchange established under Section
1311 of the Patient Protection and Affordable Care Act.
``(3) Plans described.--For purposes of this subsection, a
plan is described in this paragraph if--
``(A) enrollment in the plan was not done through
an Exchange, and
``(B) the plan is authorized by the State in which
the taxpayer resides to be offered in the individual
market in the State other than through an Exchange, or
is a not-for-profit membership organization organized
under State law and authorized under State law to
accept member contributions to fund health care
benefits for members and their families.''.
(b) Off-Exchange Plans Excluded From Advance Payments.--Section
1412 of the Patient Protection and Affordable Care Act (42 U.S.C.
18082) is amended by adding at the end the following new subsection:
``(f) Nonapplication to Off-Exchange Plans.--This section and
section 1411 shall not apply, and no advance determination or advance
payment shall be made, in the case of an individual enrolling in a plan
described in section 36B(g)(3) of the Internal Revenue Code of 1986.''.
(c) Reporting.--Subsection (b) of section 6055 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Information relating to off-exchange coverage.--If
minimum essential coverage provided to an individual under
subsection (a) consists of coverage described in section
36B(g)(3), a return described in this subsection for taxable
years beginning before January 1, 2020, shall include--
``(A) a statement that such plan is coverage not
enrolled in through an Exchange,
``(B) the premiums paid with respect to such
coverage,
``(C) the months during which such coverage is
provided to the individual,
``(D) the adjusted monthly premium for the
applicable second lowest cost silver plan (as defined
in section 36B(b)(3), determined without regard to
whether such plan is offered through an Exchange if the
Secretary of Health and Human Services has made the
determination under section 36B(g)(2) with respect to
the rating area) for each such month with respect to
such individual, and
``(E) such other information as the Secretary may
prescribe.''.
(d) Waiver of Individual Mandate in Areas With No Exchange Plans.--
(1) In general.--Paragraph (1) of section 5000A(d) of the
Internal Revenue Code of 1986 is amended by striking ``or (4)''
and inserting ``(4), or (5)''.
(2) Individuals residing in exempted areas.--Subsection (d)
of section 5000A of such Code is amended by adding at the end
the following new paragraph:
``(5) Individuals residing in exempted areas.--For purposes
of months beginning after December 31, 2017, and before January
1, 2020, such term shall not include an individual who resides
in a rating area or county in which the Secretary of Health and
Human Services certifies for purposes of section 36B(g)(2) that
no qualified health plans are offered through an Exchange
established under Section 1311 of the Patient Protection and
Affordable Care Act.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable and plan years beginning after December 31, 2017. | Health Care Options Act of 2017 This bill amends the Internal Revenue Code to temporarily permit certain individuals to use the premium assistance tax credit to purchase health insurance outside of an exchange established under the Patient Protection and Affordable Care (PPACA). The bill applies to individuals who reside in a rating area or county that the Department of Health and Human Services has certified has no qualified health plans offered through an exchange established under PPACA. Individuals residing in the areas or counties may use the premium assistance tax credit through 2019 to enroll in a plan outside of an exchange if the plan is: (1) authorized by the state in which the taxpayer resides to be offered in the individual market, or (2) is a not-for-profit membership organization that is organized and authorized under state law to accept member contributions to fund health care benefits for members and their families. The bill prohibits advance payments of the credit from being made with respect to the off-exchange plans and specifies reporting requirements for the plans. Through 2019, the bill also exempts the individuals residing in the counties or areas from the requirement to maintain minimum essential health coverage (commonly referred to as the individual mandate). | {"src": "billsum_train", "title": "Health Care Options Act of 2017"} | 1,189 | 242 | 0.545572 | 1.366763 | 0.801678 | 3.185345 | 4.672414 | 0.831897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Discipline, Earmark Reform,
and Accountability Act''.
SEC. 2. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE.
(a) In General.--Rule XVI of the Standing Rules of the Senate is
amended by adding at the end the following:
``9.(a) On a point of order made by any Senator:
``(1) No new or general legislation nor any unauthorized
appropriation may be included in any general appropriation
bill.
``(2) No amendment may be received to any general
appropriation bill the effect of which will be to add an
unauthorized appropriation to the bill.
``(3) No unauthorized appropriation may be included in any
amendment between the Houses, or any amendment thereto, in
relation to a general appropriation bill.
``(b)(1) If a point of order under subparagraph (a)(1) against a
Senate bill or amendment is sustained--
``(A) the new or general legislation or unauthorized
appropriation shall be struck from the bill or amendment; and
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
bill or amendment shall be made.
``(2) If a point of order under subparagraph (a)(1) against an Act
of the House of Representatives is sustained when the Senate is not
considering an amendment in the nature of a substitute, an amendment to
the House bill is deemed to have been adopted that--
``(A) strikes the new or general legislation or
unauthorized appropriation from the bill; and
``(B) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the matter
struck from the bill;
``(c) If the point of order against an amendment under subparagraph
(a)(2) is sustained, the amendment shall be out of order and may not be
considered.
``(d)(1) If a point of order under subparagraph (a)(3) against a
Senate amendment is sustained--
``(A) the unauthorized appropriation shall be struck from
the amendment;
``(B) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck from the
amendment shall be made; and
``(C) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
amendment as so modified.
``(2) If a point of order under subparagraph (a)(3) against a House
of Representatives amendment is sustained--
``(A) an amendment to the House amendment is deemed to have
been adopted that--
``(i) strikes the new or general legislation or
unauthorized appropriation from the House amendment;
and
``(ii) modifies, if necessary, the total amounts
appropriated by the bill to reflect the deletion of the
matter struck from the House amendment; and
``(B) after all other points of order under this paragraph
have been disposed of, the Senate shall proceed to consider the
question of whether to concur with further amendment.
``(e) The disposition of a point of order made under any other
paragraph of this rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(f) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(g) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a general appropriation bill or an amendment between the
Houses on a general appropriation bill violate subparagraph (a). The
Presiding Officer may sustain the point of order as to some or all of
the provisions against which the Senator raised the point of order. If
the Presiding Officer so sustains the point of order as to some or all
of the provisions against which the Senator raised the point of order,
then only those provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken pursuant to this paragraph.
Before the Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order, in accordance with
subparagraph (f), as it applies to some or all of the provisions
against which the point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the Senate.
After the Presiding Officer rules on such a point of order, any Senator
may appeal the ruling of the Presiding Officer on such a point of order
as it applies to some or all of the provisions on which the Presiding
Officer ruled.
``(h) For purposes of this paragraph:
``(1) The term `new or general legislation' has the meaning
given that term when it is used in paragraph 2 of this rule.
``(2) The term `new matter' means matter not committed to
conference by either House of Congress.
``(3)(A) The term `unauthorized appropriation' means a
`congressionally directed spending item' as defined in rule
XLIV--
``(i) that is not specifically authorized by law or
Treaty stipulation (unless the appropriation has been
specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law); or
``(ii) the amount of which exceeds the amount
specifically authorized by law or Treaty stipulation
(or specifically authorized by an Act or resolution
previously passed by the Senate during the same session
or proposed in pursuance of an estimate submitted in
accordance with law) to be appropriated.
``(B) An appropriation is not specifically authorized if it
is restricted or directed to, or authorized to be obligated or
expended for the benefit of, an identifiable person, program,
project, entity, or jurisdiction by earmarking or other
specification, whether by name or description, in a manner that
is so restricted, directed, or authorized that it applies only
to a single identifiable person, program, project, entity, or
jurisdiction, unless the identifiable person, program, project,
entity, or jurisdiction to which the restriction, direction, or
authorization applies is described or otherwise clearly
identified in a law or Treaty stipulation (or an Act or
resolution previously passed by the Senate during the same
session or in the estimate submitted in accordance with law)
that specifically provides for the restriction, direction, or
authorization of appropriation for such person, program,
project, entity, or jurisdiction.
``10. (a) On a point of order made by any Senator, no new or
general legislation, nor any unauthorized appropriation, new matter, or
nongermane matter may be included in any conference report on a general
appropriation bill.
``(b) If the point of order against a conference report under
subparagraph (a) is sustained--
``(1) the new or general legislation, unauthorized
appropriation, new matter, or nongermane matter in such
conference report shall be deemed to have been struck;
``(2) any modification of total amounts appropriated
necessary to reflect the deletion of the matter struck shall be
deemed to have been made;
``(3) when all other points of order under this paragraph
have been disposed of--
``(A) the Senate shall proceed to consider the
question of whether the Senate should recede from its
amendment to the House bill, or its disagreement to the
amendment of the House, and concur with a further
amendment, which further amendment shall consist of
only that portion of the conference report not deemed
to have been struck (together with any modification of
total amounts appropriated);
``(B) the question shall be debatable; and
``(C) no further amendment shall be in order; and
``(4) if the Senate agrees to the amendment, then the bill
and the Senate amendment thereto shall be returned to the House
for its concurrence in the amendment of the Senate.
``(c) The disposition of a point of order made under any other
paragraph of this rule, or under any other Standing Rule of the Senate,
that is not sustained, or is waived, does not preclude, or affect, a
point of order made under subparagraph (a) with respect to the same
matter.
``(d) A point of order under subparagraph (a) may be waived only by
a motion agreed to by the affirmative vote of three-fifths of the
Senators duly chosen and sworn. If an appeal is taken from the ruling
of the Presiding Officer with respect to such a point of order, the
ruling of the Presiding Officer shall be sustained absent an
affirmative vote of three-fifths of the Senators duly chosen and sworn.
``(e) Notwithstanding any other rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a conference report on a general appropriation bill
violate subparagraph (a). The Presiding Officer may sustain the point
of order as to some or all of the provisions against which the Senator
raised the point of order. If the Presiding Officer so sustains the
point of order as to some or all of the provisions against which the
Senator raised the point of order, then only those provisions against
which the Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this paragraph. Before the Presiding Officer rules
on such a point of order, any Senator may move to waive such a point of
order, in accordance with subparagraph (d), as it applies to some or
all of the provisions against which the point of order was raised. Such
a motion to waive is amendable in accordance with the rules and
precedents of the Senate. After the Presiding Officer rules on such a
point of order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or all of the
provisions on which the Presiding Officer ruled.
``(f) For purposes of this paragraph:
``(1) The terms `new or general legislation', `new matter',
and `unauthorized appropriation' have the same meaning as in
paragraph 9.
``(2) The term `nongermane matter' has the same meaning as
in rule XXII and under the precedents attendant thereto, as of
the beginning of the 110th Congress.''.
(b) Requiring Conference Reports To Be Searchable Online.--
Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is
amended by inserting ``in an searchable format'' after ``available''.
SEC. 3. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.
The Lobbying Disclosure Act of 1995 is amended by adding after
section 5 the following:
``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.
``(a) In General.--A recipient of Federal funds shall file a report
as required by section 5(a) containing--
``(1) the name of any lobbyist registered under this Act to
whom the recipient paid money to lobby on behalf of the Federal
funding received by the recipient; and
``(2) the amount of money paid as described in paragraph
(1).
``(b) Definition.--In this section, the term `recipient of Federal
funds' means the recipient of Federal funds constituting an award,
grant, or loan.''. | Fiscal Discipline, Earmark Reform, and Accountability Act - Amends Rule XVI (Appropriations and Amendments to General Appropriations Bills) of the Standing Rules of the Senate to revise procedures for consideration of points of order on appropriations bills.
Makes it out of order to consider in the Senate: (1) new or general legislation or any unauthorized appropriation included in an appropriation bill; (2) any amendment to an appropriation bill with the effect of adding an unauthorized appropriation to it; or (3) any unauthorized appropriation included in any amendment between the chambers, or any amendment to such an amendment, in relation to a general appropriation bill.
Amends Rule XLIV (Congressionally Directed Spending and Related Items), which makes it out of order to vote on the adoption of a conference report in the Senate unless it is available on a publicly accessible congressional website at least 48 hours before such vote. Specifies that such website availability must be in a searchable format.
Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds. | {"src": "billsum_train", "title": "A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking, and for other purposes."} | 2,677 | 278 | 0.566506 | 1.468449 | 0.85542 | 2.803571 | 11.142857 | 0.883929 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Day Laborer Fairness and Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act the following definitions apply:
(1) Day laborer.--The term ``day laborer'' means an
individual who contracts for employment with a day labor
service agency.
(2) Day labor.--The term ``day labor'' means labor or
employment that is occasional or irregular for which an
individual is employed for not longer than the time period
required to complete the assignment for which the individual
was hired and in which wage payments are made directly or
indirectly by the day labor service agency or the third party
employer for work undertaken by a day laborer pursuant to a
contract between the day labor service agency with the third
party employer. Day labor does not include labor or employment
of a professional or clerical nature.
(3) Day labor service agency.--The term ``day labor service
agency'' means any person or entity engaged in the business of
employing day laborers to provide services to or for any third
party employer pursuant to a contract with the day labor
service agency and the third party employer.
(4) Department.--The term ``Department'' means the
Department of Labor.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Third party employer.--The term ``third party
employer'' means any person or entity that contracts with a day
labor service agency for the employment of day laborers.
SEC. 3. EQUAL WAGES.
(a) Equal Rate.--A day labor service agency shall provide notice of
the wage rate expected to be paid by each third party employer using
the services of the agency. For a third party employer, such wage rate
shall be the rate that is equal to the rate paid to permanent employees
of such third party employer who are performing substantially
equivalent work, with due consideration given to seniority, experience,
skills and qualifications. A day laborer shall be paid by a third party
employer not less than the wage rate stated in the notice of the agency
for all work performed for the third party employer, including the work
contained in the description issued under section 6.
(b) Wage Reduction.-- An employer who is paying a wage rate
differential in violation of subsection (a) shall not, in order to
comply with subsection (a), reduce the wage rate of any employee.
(c) Agency Processing Delay.--
(1) In general.--If a day labor service agency expends more
than 30 minutes in processing a day laborer's work assignment,
the day labor service agency shall pay the day laborer for any
additional waiting time at a rate that is not less than the
rate in effect under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (20 U.S.C. 206) or the applicable State
minimum wage law whichever is higher.
(2) Limitation.--The time spent in transit to or from the
designated work site or to or from the day labor service agency
shall not be included in computing processing time.
(d) Unpaid Wages.--For purposes of administration and enforcement
of this Act, any amounts owing to any employee that have been withheld
in violation of subsection (a) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation.
(e) Enforcement.--Any employer who violates subsection (a) shall be
liable to any eligible employee affected for damages equal to--
(1) the amount of any wages, salary, employment benefits,
or other compensation denied or lost to such employee by reason
of the violation;
(2) the interest on the amount described in paragraph (1)
calculated at the prevailing rate.
(f) Criminal Provision.--
(1) In general.--Any employer or any agent of an employer,
who, being able to pay wages, final compensation, or wage
supplements and being under a duty to pay, willfully refuses to
pay as provided in subsection (a), or falsely denies the amount
or validity thereof or that the same is due, with intent to secure for
such employer or other person any underpayment of such indebtedness
with intent to annoy, harass, oppress, hinder, delay, or defraud the
person to whom such indebtedness is due, shall be fined under title 18,
United States Code.
(2) Continued violation.--Each day during which any
violation of subsection (a) continues shall constitute a
separate and distinct offense.
(g) Employer Failure To Pay.--Any employer who has been ordered by
the Secretary or the court to pay wages due an employee and who fails
to do so within 15 days after such order is entered shall be liable to
pay a penalty of 10 percent per calendar day to the day laborer for
each day of delay in paying such wages to the day laborer up to an
amount equal to twice the sum of unpaid wages due the day laborer.
(h) Other Wage Issues.--
(1) In general.--At the time of the payment of wages, a day
labor service agency shall provide each day laborer with an
itemized statement showing in detail each deduction made from
the wages.
(2) Annual statement.--A day labor service agency shall
provide each worker an annual earnings summary within a
reasonable time after the preceding calendar year, but in no
case later than February 1. A day labor service agency shall,
at the time of each wage payment, give notice to day laborers
of the availability of the annual earnings summary or post such
a notice in a conspicuous place in the public reception area.
(3) Payment schedules.--At the request of a day laborer, a
day labor service agency shall hold the daily wages of the day
laborer and make either weekly or semi-monthly payments. The
wages shall be paid in a single check representing the wages
earned during the period for which wage payments are to be
made, as designated by the day laborer. A day labor service
agency that make daily wage payments shall provide written
notification to all day laborers of the right to request weekly
or semi-monthly checks. The day laborer service agency may
provide such notice by conspicuously posting the notice at the
location where the wages are received by the day laborers.
(4) Check cashing.--A day labor service agency may not
charge any day laborer for cashing a check issued by the agency
for wages earned by a day laborer who performed work through
that agency.
(5) Overpayment.--A day laborer shall not be charged fees
for overpayment to them by the day labor agency.
SEC. 4. RIGHTS OF DAY LABORERS.
(a) General Rights.--Any employer, or any agent of an employer, who
knowingly discharges or in any other manner knowingly discriminates
against any day laborer because that day laborer has--
(1) made a complaint to the day laborer's employer, or to
the Secretary or the Secretary's authorized representative,
that the day laborer has not been paid in accordance with
section 3(a),
(2) caused to be instituted any proceeding under or related
to this Act, or
(3) testified or is about to testify in an investigation or
proceeding under this Act,
shall be fined under title 18, United States Code.
(b) Public Access Area.--Each day labor service agency shall
provide adequate seating in the public access area of the offices of
the agency. The public access area shall be the location for the
employment and wage notices required by this Act. The public access
area shall allow for access to restrooms and water.
(c) Work Restriction.--No day labor service agency shall restrict
the right of a day laborer to accept a permanent position with a third
party employer to whom the day laborer has been referred for temporary
work or restrict the right of such third party employer to offer such
employment to a day laborer. Nothing in this subsection shall restrict
a day labor service agency from receiving a placement fee from the
third party employer for employing a day laborer for whom a contract
for temporary work has been effected by the day labor service agency.
SEC. 5. INJURIES.
(a) Health Care Expenses.--If a day laborer is injured while
working, the employer who has requested the services of such day
laborer shall be responsible to pay for the health care costs
associated with the injury unless compensation is available under the
applicable State workmens' compensation law.
(b) Transportation Liability.--A day labor service agency or a
third party employer that transports a day laborer to or from a
designated work site is liable for any injury to a day laborer arising
from any accident that occurs while the day laborer is being
transported to or from the work site.
SEC. 6. NOTIFICATION REQUIREMENTS.
A day labor service agency shall, in the public reception area,
post a list of all employers that are seeking day laborers which shall
include the following:
(1) The name and address of the employer and the address of
the work site if different from that of the employer.
(2) The type of job opportunity for day laborers.
(3) The amount of wages to be paid per hour for the work.
(4) Whether transportation is available, the cost of
transportation, if any, whether the work site is accessible by
public or personal transportation, and the approximate commute
time to the work site. A day labor service agency shall, for
each job opportunity posted, provide a detailed description of
the work which shall include the following:
(A) A detailed description of the work to be
performed by the day laborer, including any
requirements for special attire, accessories, or safety
equipment.
(B) Whether the day laborer will be charged for
using special attire, accessories, or safety equipment.
(C) The exact address of the work site and a
telephone number at which a day laborer can be reached
for emergency purposes. If the location is in a rural
area, the notice must also contain directions to the
work site.
(D) The time of day the work will begin, the time
of day the work will end, and the overtime rate of pay.
(E) Whether a meal is provided, either by the day
labor service agency or the third party employer, and
the cost of the meal, if any. The notices required to
be posted under this section shall be written in
English and any other language that is generally used
in the locale of the day labor service agency.
SEC. 7. EQUITABLE EXPENSES.
(a) Meals.--A day labor service agency or a third party employer
shall not charge a day laborer more than the actual cost of providing a
meal. In no case shall the purchase of a meal be a condition of
employment for a day laborer.
(b) Transportation.--A day labor service agency or a third party
employer shall charge no more than the actual cost to transport a day
laborer to or from the designated work site; except that, the total
cost to each day laborer shall not exceed 3 percent of the day
laborer's daily wages. Any motor vehicle that is owned or operated by
the day labor service agency or a third party employer, or a contractor
of either, which is used for the transportation of day laborers shall
have proof of financial responsibility as provided for in applicable
State insurance laws of the area.
(c) Day Laborer Equipment.--For any safety equipment, clothing,
accessories, or any other items required by the nature of the work,
either by law, custom or as a requirement of the third party employer,
the day labor service agency or the third party employer may charge the
day laborer the market value of the item temporarily provided to the
day laborer by the third party employer if the day laborer fails to
return such items to the third party employer or the day labor service
agency. For any other equipment, clothing, accessories, or any other
items the day labor service agency makes available for purchase, the
day laborer shall not be charged more than the actual market value for
the item.
SEC. 8. AGENCY REGISTRATION.
(a) In General.--A day labor service agency shall register with the
Secretary in accordance with rules adopted by the Secretary for day
labor service agencies and with State departments of labor which
require such registration.
(b) Fees.--The Secretary may assess each day labor agency a
registration fee not exceeding $250.
SEC. 9. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES.
(a) In General.--The Secretary shall adopt rules and regulations
necessary to implement the provisions of this Act, including provisions
for hearings and imposition of penalties for violations of this Act.
(b) Posting Requirement.--The Secretary shall cause to be posted in
each day labor service agency a notice which informs the public of a
toll-free telephone number for day laborers and the public to file wage
dispute complaints and other alleged violations by day labor service
agencies.
(c) Fines.--The Secretary shall have the authority to fine a day
labor service agency that fails to register with the Department of
Labor in accordance with this Act $1,000 for the first offense and
$5,000 for the second offense.
(d) Suspensions and Revocations.--The Secretary shall have the
authority to suspend or revoke the registration of a day labor service
agency if warranted by public health and safety concerns or violations
of this Act.
(e) Investigations.--The Secretary shall promptly investigate
complaints concerning alleged violations of this Act.
SEC. 10. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF
LABOR DISPUTES.
Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a))
is amended--
(1) by striking the period at the end of paragraph (5) and
inserting ``; or'', and
(2) by adding at the end thereof the following new
paragraph:
``(6)(i) to offer, or to grant, the status of a permanent
replacement employee to an individual for performing bargaining
unit work for the employer during a labor dispute, or
``(ii) to otherwise offer, or grant, an individual any
employment preference based on the fact that such individual
was employed, or indicated a willingness to be employed, during
a labor dispute over an individual who--
``(A) was an employee of the employer at the
commencement of the dispute;
``(B) has exercised the right to join, to assist,
or to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection through the labor organization involved in
the dispute; and
``(C) is working for, or has unconditionally
offered to return to work for, the employer.''. | Day Laborer Fairness and Protection Act - Requires day labor service agencies to provide notice of the wage rate expected to be paid by each third party employer using their services. Requires the wage rate for such third party employers to equal the rate paid to their permanent employees who perform substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. Prohibits employers from reducing the wage rate of any employee in order to comply with requirements of this Act.Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) nondiscrimination; (5) adequate seating, restrooms, and water in waiting areas; (6) health care liability for injuries on the job or in transit; (7) agency notices; (8) equitable expenses for day laborer meals, transportation, and equipment; and (9) agency registration with the Secretary of Labor. Prohibits: (1) charges for cashing wage payment checks or for overpayments; and (2) restrictions on worker acceptance of permanent positions (but allows placement fees to agencies by employers).Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work. | {"src": "billsum_train", "title": "To protect day laborers from unfair labor practices."} | 3,216 | 378 | 0.576331 | 1.757674 | 0.787639 | 3.097143 | 8.602857 | 0.897143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Medical Review Act of
1999''.
SEC. 2. SPECIAL RULES FOR GROUP HEALTH PLANS.
Section 503 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1133) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 503.'';
(2) by inserting ``(other than a group health plan)'' after
``employee benefit plan''; and
(3) by adding at the end the following new subsections:
``(b) Special Rules for Group Health Plans.--
``(1) In general.--The claims procedures required by this
section shall include--
``(A) notification to a participant or beneficiary
of the participant or beneficiary's right to appeal an
adverse determination to a utilization review agent;
``(B) notification to a participant or beneficiary
of the participant or beneficiary's right to appeal an
adverse determination of a utilization review agent to
an independent review organization;
``(C) notification to a participant or beneficiary
of the procedures for appealing an adverse
determination to an independent review organization;
``(D) notification to a participant or beneficiary
who has a life-threatening condition of the participant
or beneficiary's right to immediate review by an
independent review organization and the procedures to
obtain such review; and
``(E) procedures for a fair, de novo determination
of medical necessity by the independent review
organization without regard to the definition used by
the plan.
``(c) Appeal of Adverse Determination.--In a case in which an
employee benefit plan denies a claim for benefits under the plan to a
participant or beneficiary, such participant or beneficiary may appeal
such adverse determination to a utilization review agent. The
procedures for appeals shall be reasonable and shall include the
following:
``(1) A provision indicating that a participant or
beneficiary, a person acting on behalf of the participant or
beneficiary, or the participant or beneficiary's physician or
health care provider may appeal the adverse determination
orally or in writing.
``(2) A provision that the utilization review agent shall
send to the appealing party, within 5 working days after
receipt of a written appeal, a letter acknowledging the date of
the utilization review agent's receipt of the appeal and
including a reasonable list of documents needed to be submitted
by the appealing party to the utilization review agent for the
appeal.
``(3) In a case in which a utilization review agent
receives an oral appeal of adverse determination, the
utilization review agent shall send a one page appeal form to
the appealing party.
``(4) A provision that appeal decisions shall be made by a
physician, provided that, if the appeal is denied and within 10
working days the health care provider sets forth in writing
good cause for having a particular type of a specialty provider
review the case, the denial shall be reviewed by a health care
provider in the same or similar specialty as typically manages
the medical, dental, or specialty condition, procedure, or
treatment under discussion for review of the adverse
determination, and such specialty review shall be completed
within 15 working days of receipt of the request.
``(5) A method for an expedited appeal procedure for
emergency care denials, denials of care for life threatening
conditions, and denials of continued stays for hospitalized
patients. Such procedure shall include a review by a health
care provider who has not previously reviewed the case who is
of the same or a similar specialty as typically manages the
medical condition, procedure, or treatment under review. The
time frame in which such appeal must be completed shall be
based on the medical or dental immediacy of the condition,
procedure, or treatment, but may in no event exceed one working
day from the date all information necessary to complete the
appeal is received.
``(6) A provision that after the utilization review agent
has sought review of the appeal of the adverse determination,
the utilization review agent shall issue a response letter to
the patient, person acting on behalf of the patient, or the
patient's physician or health care provider explaining the
resolution of the appeal. Such letter shall include a statement
of the specific medical, dental, or contractual reasons for the
resolution, the clinical basis for such decision, and the
specialization of any physician or other provider consulted.
``(7) Written notification to the appealing party of the
determination of the appeal, as soon as practical, but in no
case later than 30 days after the date of the utilization
review agent receives the appeal.
``(d) Independent Review of Adverse Determinations.--
``(1) In general.--In a case in which an appeal of an
adverse determination is denied by a utilization review agent,
a participant or beneficiary may seek review of such adverse
determination from an independent review organization.
``(2) Elements of independent review process.--
``(A) In general.--The independent review process
under this subsection shall be conducted by an
independent review organization and shall ensure--
``(i) a timely response by the independent
review organization;
``(ii) confidentiality of medical records
transmitted for use in the review process;
``(iii) the independence of each health
care provider or physician making review
determinations as part of an independent review
organization; and
``(iv) timely notice to the participant or
beneficiary of the results of the independent
review, including the clinical basis for the
determination.
``(B) Information provided to the independent
review organization.--Not later than 3 business days
after the date that an independent review organization
receives a request for a review of an adverse
determination of a utilization review agent, such
utilization review agent shall provide to the
appropriate independent review organization--
``(i) any medical records of the
participant or beneficiary that are relevant to
the review;
``(ii) any documents used by the
utilization review agent in making the
determination that is to be reviewed by the
organization;
``(iii) written notification to the
participant or beneficiary indicating the
clinical basis for the denial of the appeal;
``(iv) any documentation and written
information submitted to the utilization review
agent in support of the appeal; and
``(v) a list of each physician or health
care provider who has provided care to the
participant or beneficiary and who may have
medical records relevant to the appeal.
``(C) Timelines for determinations by independent
review organization.--
``(i) In general.--An independent review
organization shall make its determination not
later than the earlier of--
``(I) the 15th day after the date
the independent review organization
receives the information necessary to
make the determination; or
``(II) the 20th day after the date
the independent review organization
receives the request that the
determination be made.
``(ii) Life-threatening condition.--In the
case of a life-threatening condition, an
independent review organization shall make its
determination not later than the earlier of--
``(I) the 5th day after the date
the independent review organization
receives the information necessary to
make the determination; or
``(II) the 8th day after the date
the independent review organization
receives the request that the
determination be made.
``(3) Certification of independent review organizations.--
``(A) In general.--To be treated as an independent
review organization, an organization must be certified
by the Secretary.
``(B) Application for certification.--To be
certified by the Secretary as an independent review
organization, an organization shall submit on an annual
basis to the Secretary an application which shall
include the following information:
``(i) Any applicant that is a publicly held
organization shall include the name of each
stockholder or owner of more than 5 percent of
any stock or options.
``(ii) The name and type of business of
each corporation or other organization that the
applicant controls or is affiliated with and
the nature and extent of the affiliation or
control.
``(iii) The name of any holder of bonds or
notes of the applicant that exceed $100,000.
``(iv) The name and a biographical sketch
of each director, officer, and executive of the
applicant.
``(v) A description of any relationship the
individuals in clauses (iii) and (iv) have
with--
``(I) a provider of health
insurance coverage;
``(II) a health maintenance
organization;
``(III) a utilization review agent;
``(IV) a nonprofit health
corporation;
``(V) a payor;
``(VI) a health care provider; or
``(VII) a group representing any of
the entities described in subclauses
(I) through (VII).
``(vi) The percentage of the applicant's
revenues that are anticipated to be derived
from reviews conducted under this subsection.
``(vii) A description of the areas of
expertise of the health care professionals
making review determinations for the applicant.
``(viii) The procedures to be used by the
independent review organization in making
review determinations with respect to reviews
conducted under this section.
``(4) Independent review determination binding on plan.--
``(A) In general.--Subject to subparagraph (B), the
determination by an independent review organization
under this subsection shall be treated as the final
decision of the plan.
``(B) Vacation or modification of decision.--The
determination by an independent review entity under
this section may be vacated or modified by a court
under the same circumstances as the decision of an
arbitrator may be vacated or modified under sections 10
and 11 of title 9, United States Code.
``(5) Independence requirement.--An independent review
organization may not be a subsidiary of, or in any way owned or
controlled by a payor or a trade or professional association of
a payor.
``(6) Waiver of liability.--An independent review
organization conducting a review under this section is not
liable for damages arising from the determination made by the
organization.
``(e) Definitions.--For purposes of this section:
``(1) Adverse determination.--The term `adverse
determination' means determination by a group health plan or a
utilization review agent that the health care services
furnished or proposed to be furnished to a participant or
beneficiary are not medically necessary.
``(2) Health care provider.--The term `health care
provider' means--
``(A) any individual who is engaged in the delivery
of health care services in a State and who is required
by State law or regulation to be licensed or certified
by the State to engage in the delivery of such services
in the State; and
``(B) any entity that is engaged in the delivery of
health care services in a State and that, if it is
required by State law or regulation to be licensed or
certified by the State to engage in the delivery of
such services in the State, is so licensed.
``(3) Life-threatening condition.--The term `life-
threatening condition' means a disease or other medical
condition with respect to which death or serious bodily injury
is probable unless the course of the disease or condition is
interrupted.
``(4) Payor.--The term `payor' means--
``(A) an insurer writing health insurance policies;
``(B) any preferred provider organization, or
health maintenance organization, self-insurance plan;
or
``(C) any person or entity that provides, offers to
provide, or administers hospital, outpatient, medical,
or other health benefits to an individual treated by a
health care provider.
``(5) Utilization review agent.--The term `utilization
review agent' means an entity that conducts utilization review
for--
``(A) an employer with employees who are covered
under a group health plan;
``(B) a payor; or
``(C) an administrator.
``(6) Working day.--The term `working day' means a weekday,
excluding any legal holiday.''. | Requires group health plan claims procedures to include procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan, as well as notifications to participants or beneficiaries of their rights to: (1) appeal adverse determinations to utilization review agents of the plan; (2) appeal adverse determinations of such utilization review agents to independent review organizations (with procedures for such appeal); and (3) obtain immediate review by an independent review organization in cases of life-threatening conditions (with procedures for obtaining such review).
Sets forth requirements for: (1) procedures for appeals of adverse decisions to the plan's utilization review agent; (2) the independent review process; and (3) certification of independent review organizations by the Secretary of Labor.
Treats the independent review organization's determination as the final decision of the plan, but allows a court to vacate or modify such determination under certain circumstances. | {"src": "billsum_train", "title": "Independent Medical Review Act of 1999"} | 2,629 | 188 | 0.68628 | 1.869016 | 0.890469 | 2.772487 | 13.698413 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project SEARCH Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small communities often struggle to meet environmental
goals because of difficulty in securing funding;
(2) often, sources of funding for environmental projects
require expensive, complex studies or other application
materials;
(3) a small community that secures funding for an
environmental project from a traditional source often is unable
to provide matching funds required by the traditional source;
and
(4) small communities would benefit from a grant program
designed to provide funding for environmental projects--
(A) through a simplified application process; and
(B) without the requirement of matching funds.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Council.--The term ``council'' means an independent
citizens' council established by section 4(b).
(3) Environmental project.--
(A) In general.--The term ``environmental project''
means a project that--
(i) benefits human health or the
environment; and
(ii) is necessary to comply with an
environmental law (including a regulation).
(B) Inclusion.--The term ``environmental project''
includes an initial feasibility study of a project.
(4) Region.--The term ``region'' means a geographic area of
a State, as determined by the Governor of the State.
(5) SEARCH grant.--The term ``SEARCH grant'' means a grant
for special environmental assistance for the regulation of
communities and habitat awarded under section 4(c)(3).
(6) Small community.--The term ``small community'' means an
incorporated or unincorporated community having a population of
not more than 2,500 individuals.
SEC. 4. SEARCH GRANT PROGRAM.
(a) In General.--
(1) Establishment.--There is established the SEARCH Grant
Program.
(2) State requirements.--
(A) In general.--Not later than October 1 of each
fiscal year, a State may submit to the Administrator an
application to receive a grant under paragraph (3) for
the fiscal year.
(B) Application requirements.--An application under
subparagraph (A) shall contain--
(i) a certification by the State that the
State has appointed members to the council of
the State under subsection (b)(2)(C); and
(ii) such information as the Administrator
may reasonably require.
(3) Grant to state.--Not later than 60 days after the date
on which the Office of Management and Budget apportions any
amounts made available under this Act, for each fiscal year
after the date of enactment of this Act, the Administrator
shall, on request by a State--
(A) determine whether any application submitted by
the State under paragraph (2) meets the requirements of
that paragraph; and
(B) subject to section 6(b), if the Administrator
determines that the application meets the requirements
of paragraph (2)(B), award a grant of $1,000,000 to the
State, to be used by the council of the State to award
SEARCH grants under subsection (b)(3).
(b) Independent Citizens' Council.--
(1) Establishment.--There is established in each State an
independent citizens' council to carry out the duties described
in this section.
(2) Composition.--
(A) In general.--Each council shall be composed of
9 members, appointed by the Governor of the State.
(B) Representation; residence.--Each member of a
council shall--
(i) represent an individual region of the
State, as determined by the Governor of the
State in which the council is established; and
(ii) reside in a small community of the
State.
(C) Appointment.--Before a State receives funds
under this Act, the State shall appoint members to the
council for the fiscal year; except that not more than
1 member shall be an agent, employee, or official of
the State government.
(D) Chairperson.--Each council shall select a
chairperson from among the members of the council,
except that a member who is an agent, employee, or
official of the State government shall not serve as
chairperson.
(E) Federal representation.--An agent, employee, or
official of the Federal Government shall participate in
the activities of the council only--
(i) in an advisory capacity; and
(ii) at the invitation of the council.
(3) SEARCH grants.--
(A) In general.--Each council shall review
applications for, and recommend awards of, SEARCH
grants to small communities that meet the eligibility
criteria under subsection (c).
(B) Recommendations.--In accordance with State law,
in awarding a SEARCH grant, a State shall--
(i) follow the recommendations of the
council; and
(ii) award the funds for any recommended
environmental project in a timely and
expeditious manner.
(C) No matching requirement.--A small community
that receives a SEARCH grant under this section shall
not be required to provide matching funds.
(c) SEARCH Grants for Small Communities.--
(1) Eligibility.--A council may recommend the award of a
SEARCH grant under this section to a small community for an
environmental project for which the small community--
(A) demonstrates, to the satisfaction of the
council, that the small community has pursued
traditional funding sources for the environmental
project and has not obtained funding, or has obtained
insufficient funding, from those sources; or
(B) needs funds to carry out initial feasibility or
environmental studies before applying to traditional
funding sources.
(2) Application.--To apply for a SEARCH grant under this
section, not later than February 5 of the fiscal year for which
the grant is to be recommended for award, a small community
shall submit to the council in the State in which the small
community is located an application that includes--
(A) a description of the proposed environmental
project (including an explanation of how the project
would assist the small community in complying with an
environmental law (including a regulation);
(B) an explanation of why the project is important
to the small community;
(C) a description of all actions taken with respect
to the project, including any attempt to secure funding
and a description of demonstrated need for funding for
the project, as of the date of the application; and
(D) a SEARCH grant application form provided by the
council, completed and with all required supporting
documentation.
(3) Review and award.--Not later than March 5 of each
fiscal year, each council shall--
(A) review all applications received under
paragraph (2); and
(B) recommend for award SEARCH grants to small
communities based on--
(i) an evaluation of the eligibility
criteria under paragraph (1); and
(ii) the content of the application.
(4) Unexpended funds.--
(A) In general.--If any unexpended funds remain
after SEARCH grants are awarded under subsection
(b)(3)(B), the council may repeat the application and
review process so that any remaining funds may be
recommended for award, and awarded, not later than July
30.
(B) Retention of funds.--Any unexpended funds that
are not awarded under subsection (b)(3)(B) or
subparagraph (A) shall be retained for award during the
following fiscal year.
SEC. 5. REPORT.
Not later than September 1 of the first fiscal year for which a
SEARCH grant is awarded by a council, and annually thereafter, the
council shall submit to the Administrator a report that--
(1) describes the number of SEARCH grants awarded during
the fiscal year;
(2) identifies each small community that received a SEARCH
grant during the fiscal year;
(3) describes the project or purpose for which each SEARCH
grant was awarded, including a statement of the benefit to
public health or the environment of the environmental project
receiving the grant funds; and
(4) describes the status of each project or portion of a
project for which a SEARCH grant was awarded, including a
project or portion of a project for which a SEARCH grant was
awarded for any fiscal year before the fiscal year in which the
report is submitted.
SEC. 6. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 4(a)(3) $50,000,000.
(b) Actual Appropriation.--If funds to carry out section 4(a)(3)
are made available for a fiscal year in an amount that is less than the
amount authorized under subsection (a) for the fiscal year, the
appropriated funds shall be divided equally among the 50 States.
(c) Unused Funds.--If, for any fiscal year, a State does not apply,
or does not qualify, to receive funds under section 4(a)(2), the funds
that would have been made available to the State under section 4(a)(3)
on submission by the State of a successful application under section
4(a)(2) shall be redistributed for award under this Act among States,
the councils of which awarded 1 or more SEARCH grants during the
preceding fiscal year.
(d) Other Expenses.--There are authorized to be appropriated such
sums as are necessary to carry out the provisions of this Act (other
than section 4(a)(3)). | Project SEARCH Act of 2001 - Establishes the SEARCH Grant (grants for special environmental assistance for the regulation of communities and habitat) Program.Authorizes independent citizens' councils established by this Act to recommend the award of a SEARCH grant for an environmental project to small communities that: (1) demonstrate that they have pursued traditional funding sources for the project and have not obtained, or have obtained insufficient, funding; or (2) need funds for initial feasibility or environmental studies before applying to traditional funding sources. | {"src": "billsum_train", "title": "To provide grants for special environmental assistance for the regulation of communities and habitat (\"SEARCH grants\") to small communities."} | 2,088 | 112 | 0.647939 | 1.601631 | 1.050859 | 3.113402 | 19.721649 | 0.948454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2005''.
SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS
RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION
FEEDING DEVICES.
(a) Reinstatement of Provisions Wholly Repealed.--Paragraphs (30)
and (31) of section 921(a), subsections (v) and (w) and Appendix A of
section 922, and the last 2 sentences of section 923(i) of title 18,
United States Code, as in effect just before the repeal made by section
110105(2) of the Violent Crime Control and Law Enforcement Act of 1994,
are hereby enacted into law.
(b) Reinstatement of Provisions Partially Repealed.--Section 924 of
title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraph (B) and
inserting the following:
``(B) knowingly violates subsection (a)(4), (f), (k), (r),
(v), or (w) of section 922;''; and
(2) in subsection (c)(1)(B), by striking clause (i) and
inserting the following:
``(i) is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, the person shall be sentenced to
a term of imprisonment of not less than 10 years; or''.
SEC. 3. DEFINITIONS.
(a) In General.--Section 921(a)(30) of title 18, United States
Code, as added by section 2(a) of this Act, is amended to read as
follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel Shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion Kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable Magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed Magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or Telescoping Stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward Grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol Grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded Barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 4. GRANDFATHER PROVISION.
Section 922(v)(2) of title 18, United States Code, as added by
section 2(a) of this Act, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, as added by
section 2(a) of this Act, is amended by striking ``(3)'' and all that
follows through the 1st sentence and inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(v) of title 18, United States Code, as added by section
2(a) of this Act, is amended by adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of such title, as added by
section 2(a) of this Act, is amended--
(A) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(B) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before the date of the
enactment of this subsection, to fail to certify to the Attorney
General before the end of the 60-day period that begins with the date
of the transfer, in accordance with regulations prescribed by the
Attorney General, that the device was manufactured on or before the
date of the enactment of this subsection.''.
(2) Penalties.--Section 924(a) of such title, as amended by
subsection (a)(2) of this section, is amended by adding at the
end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General.--Section 922(w) of title 18, United States Code, as
added by section 2(a) of this Act, is amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of such title, as
added by section 2(a) of this Act, is amended by striking
``manufactured after the date of enactment of the Violent Crime Control
and Law Enforcement Act of 1994''. | Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Reinstates for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices (the assault weapons ban).
Revises the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to such a weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock.
Prohibits the transfer of such a weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any such weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make it available to the public.
Prohibits: (1) the transfer of any assault weapon with a large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a device that was manufactured on or before this Act's enactment from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations.
Prohibits: (1) the transfer of such a weapon or device to a juvenile; and (2) the importation of such a device. | {"src": "billsum_train", "title": "To reauthorize the assault weapons ban, and for other purposes."} | 3,642 | 335 | 0.471392 | 1.461918 | 0.625343 | 3.767918 | 10.412969 | 0.914676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Substitute Adult Day Care
Services Act of 1998''.
SEC. 2. COVERAGE OF SUBSTITUTE ADULT DAY CARE SERVICES UNDER MEDICARE.
(a) Substitute Adult Day Care Services Benefit.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or paragraph (8)'' after ``paragraph (7)'';
(B) in paragraph (6), by striking ``and'' at the
end;
(C) in paragraph (7), by adding ``and'' at the end;
and
(D) by inserting after paragraph (7), the following
new paragraph:
``(8) substitute adult day care services (as defined in
subsection (uu));''.
(2) Substitute adult day care services defined.--Section
1861 of such Act (42 U.S.C. 1395x) is amended by adding at the
end the following new subsection:
``Substitute Adult Day Care Services; Adult Day Care Facility
``(uu)(1)(A) The term `substitute adult day care services' means
the items and services described in subparagraph (B) furnished to an
individual by an adult day care facility as a part of a plan under
subsection (m) substituting such services for a portion of the items
and services described in subparagraph (B)(i) furnished by a home
health agency under the plan, as determined by the physician
establishing the plan.
``(B) The items and services described in this subparagraph are the
following items and services:
``(i) Items and services described in paragraphs (1)
through (7) of subsection (m).
``(ii) Transportation of the individual to and from the
adult day care facility in connection with any such item or
service.
``(iii) Meals.
``(iv) A program of supervised activities designed to
promote physical and mental health and furnished to the
individual by the adult day care facility in a group setting
for a period of not fewer than four and not greater than twelve
hours per day.
``(2)(A) Except as provided in subparagraph (B), the term `adult
day care facility' means a public agency or private organization, or a
subdivision of such an agency or organization, that--
``(i) is engaged in providing skilled nursing services and
other therapeutic services; and
``(ii) meets the requirements of paragraphs (2) through (8)
of subsection (o).
``(B) The Secretary may waive the requirement of a surety bond
under paragraph (7) of subsection (o) in the case of an agency or
organization that provides a comparable surety bond under State law.
``(C) For purposes of payment for home health services consisting
of substitute adult day care services furnished under this title, any
reference to a home health agency is deemed to be a reference to an
adult day care facility.''.
(3) Conforming amendments.--Sections 1814(a)(2)(C) and
1835(a)(2)(A)(i) of such Act (42 U.S.C. 1395f(a)(2)(C) and 42
U.S.C. 1395f(a)(2)(C)) are each amended by striking ``section
1861(m)(7)'' and inserting ``paragraph (7) or (8) of section
1861(m)''.
(b) Payment for Substitute Adult Day Care Services.--
(1) Reasonable cost.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the
following new clause:
``(viii) In the case home health services consisting of substitute
adult day care services, the following rules apply:
``(I) The Secretary shall determine each component (as
defined by the Secretary) of substitute adult day care services
(under subsection (uu)(1)(B)(i)) furnished to an individual
under the plan of care established under subsection (m) with
respect to such services.
``(II) The Secretary shall estimate the amount that would
otherwise be payable under this subparagraph for all home
health services under that plan of care other than substitute
adult day care services for a week or other period specified by
the Secretary.
``(III) The total amount payable for home health services
consisting of substitute adult day care services may not exceed
95 percent of the amount estimated to be payable under
subclause (II) furnished under the plan by a home health
agency.
``(IV) No payment may be made under this title for home
health services consisting of substitute adult day care
services described in clauses (ii), (iii), and (iv) of
subsection (uu)(1)(B).''.
(2) Prospective payment system.--Section 1895 of such Act
(42 U.S.C. 1395fff) is amended by adding at the end the
following new subsection:
``(e) Payment Rate for Substitue Adult Day Care Services.--In the
case home health services consisting of substitute adult day care
services, the following rules apply:
``(1) The Secretary shall determine each component (as
defined by the Secretary) of substitute adult day care services
(under section 1861(uu)(1)(B)(i)) furnished to an individual
under the plan of care established under section 1861(m) with
respect to such services.
``(2) The Secretary shall estimate the amount that would
otherwise be payable under this section for all home health
services under that plan of care other than substitute adult
day care services for a week or other period specified by the
Secretary.
``(3) The total amount payable for home health services
consisting of substitute adult day care services may not exceed
95 percent of the amount estimated to be payable under
paragraph (2) furnished under the plan by a home health agency.
``(4) No payment may be made under this title for home
health services consisting of substitute adult day care
services described in clauses (ii), (iii), and (iv) of section
1861(uu)(1)(B).''.
(c) Adjustment in Case of Overutilization of Substitute Adult Day
Care Services.--
(1) Monitoring expenditures.--The Secretary of Health and
Human Services shall monitor the expenditures made under the
Medicare Program under title XVIII of the Social Security Act
for home health services furnished under section 1861(m) of
such Act for a fiscal year beginning with fiscal year 2000,
including substitute adult day care services under paragraph
(8) of such section (as added by subsection (a)), and compare
such expenditures to expenditures that the Secretary estimates
would have been made for home health services for that fiscal
year if subsection (a) had not been enacted.
(2) Required reduction in payment rate.--If the Secretary
determines, after making the comparison under paragraph (1) and
making such adjustments for changes in demographics and age of
the Medicare beneficiary population as the Secretary determines
appropriate, that expenditures for home health services
including such substitute adult day care services exceed
expenditures that would have been made for home health services
furnished under section 1861(m) of such Act for a year if
subsection (a) had not been enacted, then the Secretary shall
adjust the rate of payment so that total expenditures for home
health services furnished under such section in a fiscal year
does not exceed the Secretary's estimate of such expenditures
if subsection (a) had not been enacted.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 1999. | Medicare Substitute Adult Day Care Services Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of substitute adult day care services.
Directs the Secretary of Health and Human Services to monitor Medicare expenditures for home health services for a fiscal year, including substitute adult day care services, and compare them to expenditures that the Secretary estimates would have been made for home health services for that fiscal year if there had been no coverage of substitute adult day care services. Requires the Secretary, if home health service expenditures exceed such estimates, to adjust the rate of payment for home health services so that total expenditures do not exceed such estimates. | {"src": "billsum_train", "title": "Medicare Substitute Adult Day Care Services Act of 1998"} | 1,756 | 149 | 0.514672 | 1.173628 | 0.575212 | 4.170543 | 12.108527 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Safety to Indian Women
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) national studies indicate that Indian women experience
domestic and sexual assaults at a far greater rate than other
groups of women in the national population;
(2) there is relatively little data on the rate of domestic
violence perpetrated upon Indian women in Indian country or the
costs associated with responding to acts of domestic violence
in Indian country;
(3) Indian tribes have criminal jurisdiction to prosecute
Indians who commit violations of tribal law;
(4) the Federal Government has jurisdiction to prosecute
specific enumerated crimes that arise in Indian country under
section 1153 of title 18, United States Code (commonly known as
the Major Crimes Act);
(5) the Major Crimes Act does not include provisions to
provide Federal prosecutors the ability to prosecute domestic
violence assaults unless they rise to the level of serious
bodily injury or death;
(6) national studies conducted by law enforcement
organizations show that domestic violence disturbance calls are
the most dangerous situations and pose the highest risk to
responding law enforcement officers;
(7) the limited arrest authority of the Bureau of Indian
Affairs and Indian tribal law enforcement agencies impacts the
ability of law enforcement to properly respond to acts of
domestic violence; and
(8) Federal and tribal prosecutors and law enforcement
services are hampered in their efforts to address domestic
violence by the lack of available criminal history information
for tribal ordinance offenders.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To obtain data on the rates of domestic violence
perpetrated upon Indian women in Indian country.
(2) To close existing gaps in Federal criminal laws to
enable Federal, State, and tribal law enforcement, prosecution
agencies, and courts to address incidents of domestic violence.
(3) To address the public safety concerns experienced by
tribal police officers that arise in responding to incidents of
domestic violence.
(4) To prevent the serious injury or death of Indian women
subject to domestic violence.
SEC. 4. DEFINITIONS.
In this Act:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Department of the Interior.
(3) Indian tribe.--The term ``Indian Tribe'' has the same
meaning as in section 4 of the Indian Self-determination and
Education Assistance Act (25 U.S.C. 450b).
SEC. 5. DOMESTIC VIOLENCE HABITUAL OFFENDER.
Chapter 7 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 117. Domestic assault by a habitual offender
``(a) Any person who commits a domestic assault within the special
maritime and territorial jurisdiction of the United States or Indian
country and who has a final conviction on at least two separate prior
occasions in Federal, State, or Indian tribal court proceedings for
offenses that would be, if subject to Federal jurisdiction--
``(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
``(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than
5 years, or both, except that if substantial bodily injury results from
a violation under this section, the offender shall be imprisoned for a
term of not more than 10 years.
``(b) For purposes of this section--
``(1) the term `domestic assault' means an assault
committed by a current or former spouse, parent, child, or
guardian of the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, parent, child, or
guardian, or by a person similarly situated to a spouse,
parent, child, or guardian of the victim;
``(2) the term `final conviction' means the final judgment
on a verdict of finding of guilty, a plea of guilty, or a plea
of nolo contendere, but does not include a final judgment which
has been expunged by pardon, reversed, set aside, or otherwise
rendered void;
``(3) the term `order of protection' has the meaning given
to such term by section 2265(b);
``(4) the term `serious violent felony' has the meaning
given to such term by section 3559(c)(2)(F);
``(5) the term `State' has the meaning given to such term
by section 3559(c)(2)G);
``(6) the term `substantial bodily injury' has the meaning
given to such term by section 113(b)(1); and
``(7) the term `sexual abuse' has the meaning given to such
term by section 2242.''.
SEC. 6. ENHANCED ARREST AUTHORITY.
Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803)
is amended--
(1) in paragraph (2)(A), by striking ``, or'' and inserting
``; or''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``, or'' and
inserting a semi-colon;
(B) in subparagraph (B), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(C)(i) the offense is a misdemeanor offense of
domestic violence (as defined in section 117 of title
18, United States Code); and
``(ii) the employee has reasonable grounds to
believe that the person to be arrested has committed,
or is committing, the offense;''.
SEC. 7. CRIMINAL RECORDS DATABASE PILOT PROJECT.
(a) In General.--The Attorney General shall make grants available
pursuant to section 2001(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(b)) to Indian tribes for the
development of tribal criminal history databases to document final
convictions of tribal domestic violence court adjudications, orders of
protection, stay away orders, and such other domestic violence criminal
history.
(b) Requirements.--A database developed under subsection (a) shall
include--
(1) final convictions by a tribal court order;
(2) orders of protection that are currently in effect and
meet the requirements of section 2265(b) of title 18, United
States Code;
(3) a means to provide tribal, Federal, and State law
enforcement agencies with access to the information in the
database; and
(4) safeguards to prevent the dissemination of the
information contained therein for other than a criminal justice
or law enforcement purpose.
SEC. 8. STUDY OF DOMESTIC VIOLENCE IN INDIAN COUNTRY.
(a) In General.--The Attorney General, in consultation with the
Secretary, the Director of the Indian Health Service, and Indian
tribes, shall conduct a study on the incidents of domestic violence in
Indian country.
(b) Contents.--The study conducted under subsection (a) shall--
(1) determine the extent of domestic violence in Indian
country and its causes; and
(2) identify obstacles to--
(A) the prevention of incidents of domestic
violence;
(B) the appropriate response to incidents of
domestic violence;
(C) adequate treatment for victims of domestic
violence; and
(D) criminal prosecution of domestic violence
offenders.
(c) Report .--Not later than 1 year after the date of enactment of
this Act, the Attorney General shall transmit to Congress a report
regarding the study conducted under this section. This report shall
include recommendations, including legislative recommendations, to
address domestic violence in Indian country.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 9. CONFORMING AMENDMENTS.
Section 2001(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg(b)) is amended--
(1) in paragraph (10), by striking ``and'' after the
semicolon;
(2) in paragraph (11), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(12) to develop tribal domestic violence criminal history
databases for use by Indian tribal courts and tribal, State,
and Federal law enforcement officers engaged in a law
enforcement function''. | Restoring Safety to Indian Women Act - Amends the Federal criminal code to cover domestic assault by a habitual offender in Indian country.
Amends the Indian Law Enforcement Reform Act to cover a misdemeanor offense of domestic violence involving Indians, including domestic assault against unmarried intimate partners.
Directs the Attorney General to: (1) make pilot project grants for the development of tribal criminal history databases; and (2) study and report to Congress on the incidents of domestic violence in Indian country. | {"src": "billsum_train", "title": "A bill to restore safety to Indian women."} | 1,903 | 107 | 0.654592 | 1.61119 | 0.991878 | 3.258065 | 19.215054 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Equity Capital Formation
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a severe shortage of capital available and
targeted for investment in the United States minority business
marketplace and that such shortage constitutes a ``capital
gap'';
(2) the capital gap is a significant barrier to increased
minority entrepreneurship, employment, and economic
development;
(3) the development of targeted venture capital resources
is an important and needed stimulus for economic development,
employment growth, and wealth creation;
(4) existing Federal incentives are inadequate to address
the capital gap;
(5) the existing system of federally regulated specialized
small business investment companies (and similar public and
private entities who support and invest in the minority small
business marketplace) should be fully utilized to aggregate and
efficiently deploy new capital investments; and
(6) it is essential, and should be a high priority of the
United States Government, to pursue a broad array of Federal
tax and other domestic policies that will serve as a catalyst
for the creation of capital pools for investment in the
minority enterprise marketplace.
(b) Purposes.--The purposes of this Act are to--
(1) authorize a Federal tax credit for investment in
qualified minority fund interests;
(2) increase the availability of venture capital for
minority small business;
(3) strengthen existing public and private minority venture
capital financial institutions (as well as to encourage the
formation of such new institutions); and
(4) through these actions, support minority enterprise and
economic development, increase minority entrepreneurship and
employment, and to enhance the opportunities for minority
persons to participate fully in the free enterprise system.
SEC. 3. INCENTIVES FOR INVESTMENTS IN MINORITY VENTURE CAPITAL FUNDS.
(a) General Rule.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end thereof the following new subpart:
``Subpart H--Incentives for Investments in Minority Venture Capital
Funds
``Sec. 54. Credit for investment in
minority venture capital funds.
``Sec. 54A. Recapture provisions.
``Sec. 54B. Definitions and special
rules.
``SEC. 54. CREDIT FOR INVESTMENT IN MINORITY VENTURE CAPITAL FUNDS.
``(a) General Rule.--For purposes of section 38, the minority
venture capital fund credit determined under this section is an amount
equal to 20 percent of the aggregate bases of qualified minority fund
interests which are acquired by the taxpayer during the taxable year at
their original issuance (directly or through an underwriter) and which
are held by the taxpayer at the end of the taxable year.
``(b) Limitations.--The credit determined under paragraph (1) for
any taxable year shall not exceed the lesser of--
``(1) $250,000 ($125,000 in the case of a separate return
by a married individual), or
``(2) $7,000,000, ($3,500,000 in the case of a separate
return by a married individual), reduced by the amount of the
credit allowed under paragraph (1) for all preceding taxable
years.
``SEC. 54A. RECAPTURE PROVISIONS.
``(a) Basis Reduction.--
``(1) In general.--If a credit is determined under section
54(a) with respect to any qualified minority fund interest, the
basis of such qualified minority fund interest shall be reduced
by the credit so determined.
``(2) Certain dispositions.--If during any taxable year
there is a recapture under subsection (c) with respect to any
qualified minority fund interest, the basis of such interest
(immediately before the event resulting in such recapture)
shall be increased by an amount equal to the recapture amount.
For purposes of the preceding sentence, the term `recapture
amount' means any increase in tax under subsection (c) (or
adjustment in carrybacks or carryovers under subsection (c)) to
the extent attributable to the amount referred to in subsection
(c)(1)(A).
``(b) Tax Credit Recaptured as Ordinary Income.--
``(1) In general.--For purposes of section 1245--
``(A) any property the basis of which is reduced
under subsection (a) (and any other property the basis
of which is determined in whole or in part by reference
to the adjusted basis of such property) shall be
treated as section 1245 property, and
``(B) any reduction under subsection (a) shall be
treated as a deduction allowed for depreciation.
If an exchange of any stock or partnership interest the basis
of which is reduced under subsection (a) qualifies under
section 351(a), 354(a), 355(a), or 356(a), the amount of gain
recognized under section 1245 by reason of this paragraph shall
not exceed the amount of gain recognized in the exchange
(determined without regard to this paragraph).
``(2) Certain events treated as dispositions.--For purposes
of this subsection and subsection (c), if a credit was
determined under section 54 with respect to any stock in a
corporation or interest in a partnership and such stock or
partnership interest, as the case may be, ceases to be a
qualified minority fund interest, the taxpayer shall be treated
as having disposed of such property (as of the time of such
cessation) for an amount equal to its fair market value.
``(c) Increase in Tax if Disposition Within 5 Years.--
``(1) In general.--If a taxpayer disposes of any qualified
minority fund interest before the close of the fifth taxable
year after the taxable year in which such interest was acquired
by the taxpayer, the tax imposed by this chapter for the
taxable year in which such disposition occurs shall be
increased by the sum of--
``(A) the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for
all prior taxable years which would have resulted
solely from reducing to zero any credit determined
under this subpart with respect to such interest, and
``(B) the interest amount determined under
paragraph (3).
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage is--
``(A) 100 percent if the disposition occurs during
the first, second, or third taxable year after the
taxable year in which the qualified minority fund
interest was acquired, and
``(B) 50 percent if the disposition occurs in the
fourth or fifth taxable year after the taxable year in
which such interest was acquired.
``(3) Interest amount.--For purposes of paragraph (1), the
interest amount determined under this paragraph is interest
determined at the overpayment rate established under section
662(a)(2) (without regard to section 6621(c))--
``(A) on the recapture percentage of each decrease
in credit referred to in paragraph (1)(A) for any prior
taxable year,
``(B) for the period beginning on the due date for
such prior taxable year and ending on the due date for
the taxable year in which the disposition occurs.
For purposes of the preceding sentence, the term `due date'
means the due date (determined without regard to extensions)
for filing the return of the tax imposed by this chapter.
``(4) Carrybacks and carryovers adjusted.--In the case of
any disposition described in paragraph (1), the carrybacks and
carryovers under section 39 shall be adjusted by reason of such
disposition.
``(5) Coordination with other credits, etc.--Any increase
in tax under paragraph (1) shall not be treated as a tax
imposed by this chapter for purposes of determining the amount
of--
``(A) any credit allowable under subpart A, B, D,
or G, and
``(B) the minimum tax imposed by section 55.
``(6) Special rules.--For purposes of this subsection--
``(A) Mere change in form.--A taxpayer shall not be
treated as disposing of any qualified minority fund
interest by reason of a mere change in the form of the
taxpayer, the entity which issued such interest or any
qualified minority business.
``(B) Exception for certain transfers.--Paragraph
(1) shall not apply to any transfer by reason of death
or in a transaction to which section 381(a) applies.
``SEC. 54B. DEFINITIONS AND SPECIAL RULES.
``(a) Qualified Minority Business Defined.--For purposes of this
subpart--
``(1) General rule.--The term `qualified minority business'
means any domestic business if--
``(A) 50 percent or more of the total value of the
ownership interests in such business are held (directly
or indirectly) by individuals who are members of a
minority,
``(B) throughout the 5-year period ending on the
date as of which the determination is being made (or,
if shorter, throughout the period such business was in
existence), such business has been engaged in the
active conduct of a trade or business or in startup
activities relating to a trade or business, and
``(C) substantially all of the assets of such
business are being used in the active conduct of a
trade or business or in startup activities related to a
trade or business.
``(2) Domestic business.--For purposes of paragraph (1),
the term `domestic business' means--
``(A) any domestic corporation or domestic
partnership, and
``(B) any trade or business conducted in the United
States as a sole proprietorship.
``(b) Qualified Minority Fund Interest Defined.--For purposes of
this subpart, the term `qualified minority fund interest' means any
stock in a domestic corporation or partnership interest in a domestic
partnership if--
``(1) such stock or partnership interest (as the case may
be) is issued after the date of the enactment of this subpart
solely in exchange for money,
``(2) such corporation or partnership (as the case may be)
was formed exclusively for purposes of--
``(A) acquiring at original issuance (directly or
through an underwriter) owner interests in qualified
minority businesses, or
``(B) making loans to such businesses, and
``(3) at least 80 percent of the total bases of its assets
is represented by--
``(A) investments referred to in paragraph (2), and
``(B) cash and cash equivalents.
``(c) Minority Individuals.--For purposes of this subpart,
individuals are members of a minority if the participation of such
individuals in the free enterprise system is hampered because of social
disadvantage within the meaning of section 301(d) of the Small Business
Investment Act of 1958.
``(d) Controlled Group Rules.--
``(1) In general.--All corporations which are members of
the same controlled groups shall be treated as 1 corporation
for purposes of this subpart.
``(2) Controlled group.--For purposes of paragraph (1), the
term `controlled group' has the meaning given such term by
section 179(d)(7).''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(9) the minority venture capital fund credit determined
under section 54.''
(c) Credit May Offset 25 Percent of Minimum Tax.--Subsection (c) of
section 38 of such Code is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Credit for investments in minority venture capital
funds may offset 25 percent of minimum tax.--
``(A) In general.--In the case of a C corporation,
the amount determined under paragraph (1)(A) shall be
reduced by the lesser of--
``(i) the portion of the credit under
section 54 not used against the normal
limitation, or
``(ii) 25 percent of the taxpayer's
tentative minimum tax for the taxable year.
``(B) Portion of the credit under section 54 not
used against normal limit.--For purposes of
subparagraph (A), the portion of the credit under
section 54 for any taxable year not used against the
normal limitation is the excess (if any) of--
``(i) the portion of the credit under
subsection (a) which is attributable to the
credit under section 54, over
``(ii) the limitation of paragraph (1)
(without regard to this paragraph) reduced by
the portion of the credit under subsection (a)
which is not so attributable.
``(C) Limitation.--In no event shall this paragraph
permit the allowance of a credit which would result in
a net chapter 1 tax less than an amount equal to 10
percent of the amount determined under section
55(b)(1)(A) without regard to the alternative tax net
operating loss deduction. For purposes of the preceding
sentence, the term `net chapter 1 tax' means the sum of
the regular tax liability for the taxable year and the
tax imposed by section 55 for the taxable year, reduced
by the sum of the credits allowable under this part for
the taxable year (other than under section 34).''
(d) Clerical Amendment.--The table of subparts for part IV
subchapter A of chapter 1 of such Code is amended by adding at the end
thereof the following item:
``Subpart H. Incentives for investments
in enterprises owned by
disadvantaged individuals.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Minority Equity Capital Formation Act of 1993 - Amends the Internal Revenue Code to allow a minority venture capital fund credit of 20 percent of the aggregate bases of qualified minority fund interests, with limitations. Sets forth recapture provisions for such stock. Makes such credit a part of the general business credit and allows it to offset a portion of the tentative minimum tax. | {"src": "billsum_train", "title": "Minority Equity Capital Formation Act of 1993"} | 3,077 | 79 | 0.56275 | 1.405645 | 0.872043 | 2.985714 | 41.414286 | 0.871429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Right-to-Know Act of
1999''.
SEC. 2. RADIUM 224 IN DRINKING WATER.
Section 1412(b)(13) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(13)) is amended by adding at the end the following:
``(H) Radium 224 in drinking water.--A national
primary drinking water regulation for radionuclides
promulgated under this paragraph shall require testing
drinking water for the presence of radium 224 not later
than 48 hours after taking a sample of the drinking
water.''.
SEC. 3. CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER SYSTEMS.
Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``The Administrator'' and inserting
the following:
``(i) In general.--The Administrator'';
(B) in the first sentence--
(i) by striking ``customer of'' and
inserting ``consumer of the drinking water
provided by''; and
(ii) by inserting before the period at the
end the following: ``that includes a report on
the level of each contaminant that--
``(I) may be difficult to detect in
finished water; and
``(II) may be present at levels
that present a public health concern in
finished water;'';
(C) in the second sentence, by striking ``Such
regulations shall provide'' and inserting the
following:
``(ii) Regulations.--The regulations
shall--
``(I) provide'';
(D) by striking ``contaminant. The regulations
shall also include'' and inserting ``contaminant;
``(II) include'';
(E) by striking ``water. The regulations shall also
provide'' and inserting ``water;
``(III) provide'';
(F) by striking the period at the end of the
subparagraph and inserting ``; and''; and
(G) by adding at the end the following:
``(IV) direct public water systems
to mail consumer confidence reports to
residential consumers and mail consumer
confidence reports suitable for posting
to customers providing water to non-
residential consumers, in addition to
other methods provided for by the
regulations.'';
(2) in subparagraph (B), by inserting after clause (vi) the
following:
``(vii) The requirement that each community
water system shall report to consumers of
drinking water supplied by that community water
system--
``(I) any detection of a
contaminant described in section
1453(a)(2)(D);
``(II) any known or potential
health effects of each contaminant
detected in the drinking water, to the
maximum level of specificity
practicable, including known or
potential health effects of each
contaminant on children, pregnant
women, and other vulnerable
subpopulations, as determined by the
Administrator;
``(III) known or suspected sources
of contaminants detected in the
drinking water identified by name and
location; and
``(IV) information on any health
advisory issued for the contaminant,
including actions that consumers can
take to protect themselves from
contamination in the drinking water
supplied by the community water
system.'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``its customers''
and inserting ``consumers of drinking water provided by
the system''; and
(B) in clause (iii), by striking ``customers of''
and inserting ``consumers of its drinking water'';
(4) in clause (ii) of the second sentence of subparagraph
(D), by striking ``of its customers'' and inserting ``consumer
of its drinking water''; and
(5) by adding at the end the following:
``(F) Notice of newly detected contamination with
potential to have adverse health effects.--The
procedures under subparagraph (D) shall specify that a
public water system shall provide written notice to
each consumer by mail or direct delivery--
``(i) as soon as practicable, but not later
than 30 days after the date of discovery of new
contamination or a significant increase in
contamination (as compared to the level of
contamination reported in any previous consumer
confidence report) by a regulated contaminant
that is above the maximum contaminant level
goal for that contaminant; or
``(ii) as soon as practicable, but not
later than 30 days after the date of the
discovery of new contamination or the detection
of a significant increase in contamination (as
compared to the level of contamination reported
in any previous consumer confidence report) by
an unregulated contaminant.
``(G) Definition of consumer.--In this paragraph,
the term `consumer' includes--
``(i) a customer of a public water system;
and
``(ii) the ultimate consumer of the
drinking water.''.
SEC. 4. SOURCE WATER ASSESSMENTS.
(a) In General.--Section 1453(a)(2) of the Safe Drinking Water Act
(42 U.S.C. 300j-13(a)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) assess the susceptibility of each public
water system in the delineated areas to any contaminant
that--
``(i) is subject to a national primary
drinking water regulation promulgated under
section 1412;
``(ii) is included on a list of unregulated
contaminants that is published under section
1412(b)(1)(B);
``(iii) is the subject of a health advisory
that has been published by the Administrator;
``(iv) is monitored under the source water
assessment program established under this
subsection;
``(v) is known or suspected to be from a
pollution source, including--
``(I) a nonpoint source;
``(II) a facility subject to the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.); or
``(III) a factory or other
operating facility that generates,
treats, stores, disposes of, or
releases a material regulated or
reported under--
``(aa) the Federal Water
Pollution Control Act (33
U.S.C. 1251 et seq.);
``(bb) the Solid Waste
Disposal Act (42 U.S.C. 6901 et
seq.);
``(cc) the Clean Air Act
(42 U.S.C. 7401 et seq.); or
``(dd) section 313 of the
Superfund Amendments and
Reauthorization Act of 1986 (42
U.S.C. 11023); or
``(vi) is monitored by the United States
Geological Survey under the National Water
Quality Assessment program;
``(D) identify each contaminant described in
subparagraph (C) that the State determines presents a
threat to public health;
``(E) for each assessment under subparagraph (C),
require monitoring for contaminants described in
subparagraph (C) if the State determines that a
contaminant may have been released by a potentially
significant source;
``(F) identify, with the maximum specificity
practicable, known or suspected sources of pollution
that may threaten public health;
``(G) apply to wellheads, groundwater recharge
areas, watersheds, and other assessment areas
determined to be appropriate by the Administrator; and
``(H) be developed, updated, and implemented in
cooperation with members of the general public that are
served by each source water assessment area included in
the program.''.
(b) Public Availability.--Section 1453(a)(7) of the Safe Drinking
Water Act (42 U.S.C. 300j-13(a)(7)) is amended by inserting ``and all
documentation related to the assessments'' after ``assessments''.
(c) Plans.--Section 1453(a) of the Safe Drinking Water Act (42
U.S.C. 300j-13(a)) is amended by adding at the end the following:
``(8) Plans.--
``(A) Initial plan.--Not later than 1 year after
the date of enactment of this paragraph, the State
shall submit to the Administrator the plan of the State
for carrying out this subsection.
``(B) Updates.--Not later than 5 years after the
date of the initial submission of the plan and every 5
years thereafter, the State shall update, and submit to
the Administrator, the plan of the State for carrying
out this subsection.''. | Drinking Water Right-to-Know Act of 1999 - Amends the Safe Drinking Water Act to require a national primary drinking water regulation for radionuclides to require the testing of drinking water for the presence of radium 224 no later than 48 hours after taking a sample.
Requires annual consumer confidence reports by community water systems to include a report on the level of each contaminant that may be difficult to detect in finished water and present at levels that present a public health concern in such water. Requires regulations regarding such reports to direct public water systems to mail such reports to residential consumers and such reports suitable for posting to customers providing water to non-residential consumers.
Provides that certain procedures for systems serving smaller communities that are not required to mail such report to consumers shall require such systems to notify consumers of new contamination or a significant increase in contamination by a regulated contaminant that is above the maximum contaminant level goal for the contaminant or of such contamination or increase by an unregulated contaminant.
Requires State source water assessment programs to assess the susceptibility of each public water system in the delineated areas to any contaminant that is: (1) subject to a national primary drinking water regulation; (2) included on a specified list of unregulated contaminants; (3) the subject of a health advisory published by the Administrator of the Environmental Protection Agency; (4) monitored under such programs; (5) known or suspected to be from a pollution source; or (6) monitored by the U.S. Geological Survey under the National Water Quality Assessment program.
Requires such programs to: (1) identify contaminants described in the preceding paragraph that the State determines present a public health threat; (2) require monitoring for such contaminants if a contaminant may have been released by a potentially significant source; (3) identify known or suspected sources of pollution that may threaten public health; (4) apply to wellheads, groundwater recharge areas, watersheds and other areas determined to be appropriate; and (5) be developed, updated, and implemented in cooperation with the public served by the source water assessment areas included in such programs.
Directs States to submit plans for such programs to the Administrator. Provides for plan updates every five years. | {"src": "billsum_train", "title": "Drinking Water Right-to-Know Act of 1999"} | 2,060 | 483 | 0.62407 | 2.000467 | 0.813485 | 3.539535 | 4.239535 | 0.92093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wellness and Prevention Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Improving the health of the population and reducing
medical costs requires implementation of preventive methods.
(2) Organizations throughout the United States have
expressed the need for an increase of public health
professionals.
(3) There are only approximately 6,000 physicians board
certified in preventive medicine.
(4) Many health care costs are spent on chronic conditions
that could be avoided by implementing preventive methods.
(5) The number of preventive medicine residency programs
and individuals pursuing preventive medicine has significantly
decreased in recent years.
(6) Preventive medicine physicians are uniquely trained to
serve patients and communities.
(7) A strong public health system requires a strong
preventive medicine workforce.
SEC. 3. LOAN PAYMENT ASSISTANCE FOR PREVENTIVE MEDICINE PHYSICIANS.
(a) Payments.--On behalf of any eligible preventive medicine
physician, the Secretary of Health and Human Services may pay up to
$20,000 of the medical education loans incurred by the physician.
(b) Application.--To request a payment under this section, an
eligible preventive medicine physician shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(c) Definitions.--In this section:
(1) The term ``eligible preventive medicine physician''
means a practicing physician who receives board certification
in preventive medicine during the period of fiscal years 2008
through 2012.
(2) The term ``medical education loan'' means the
outstanding principal of and interest on a loan incurred for
the cost of attendance (including tuition, other reasonable
educational expenses, and reasonable living costs) at a school
of medicine.
(3) The term ``school of medicine'' has the meaning given
to that term in section 799B of the Public Health Service Act
(42 U.S.C. 295p).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2008 through 2012.
SEC. 4. WELLNESS PROGRAM EMPLOYER CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45N the following new
section:
``SEC. 45O. WELLNESS PROGRAM EMPLOYER CREDIT.
``(a) General Rule.--For purposes of section 38, the wellness
program employer credit determined under this section for any taxable
year is an amount equal to 25 percent of the expenses paid or incurred
by the eligible employer during the taxable year to develop and
implement a qualified wellness program.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed $200 per qualified
employee employed by the eligible employer during the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(2) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 3 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 50 percent of the eligible employer's full-time
employees.
``(3) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(4) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 2 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(d) Termination.--This section shall not apply in taxable years
beginning after December 31, 2012.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the wellness program employer credit determined
under section 45O(a).''.
(2) 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 45N the following new item:
``Sec. 45O. Wellness program employer credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 5. WELLNESS PROGRAM PARTICIPANT CREDIT.
(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. WELLNESS PROGRAM PARTICIPANT CREDIT.
``(a) Allowance of Credit.--In the case of a qualified employee,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to $200.
``(b) Definitions.--For purposes of this section--
``(1) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(2) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 2 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(3) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 3 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 50 percent of the eligible employer's full-time
employees.
``(4) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(c) Termination.--This section shall not apply in taxable years
beginning after December 31, 2012.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Wellness program participant credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Wellness and Prevention Act of 2007 - Authorizes the Secretary of Health and Human Services to pay up to a specified amount of the medical education loans incurred by any physician who receives board certification in preventive medicine from FY2008-FY2012.
Amends the Internal Revenue Code to provide for a wellness program tax credit for employers that develop and implement a program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive health screenings; (3) offers annual counseling sessions on at least three preventive health topics; and (4) includes as participants not less than 50% of full-time employees. Provides a tax credit for qualified employees that participate in their employer's qualified wellness program. | {"src": "billsum_train", "title": "To promote preventive health care for Americans."} | 2,240 | 154 | 0.531139 | 1.444337 | 0.706873 | 2.595745 | 14.680851 | 0.851064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifespan Respite Care Act of 2006''.
SEC. 2. LIFESPAN RESPITE CARE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--LIFESPAN RESPITE CARE
``SEC. 2901. DEFINITIONS.
``In this title:
``(1) Adult with a special need.--The term `adult with a
special need' means a person 18 years of age or older who requires
care or supervision to--
``(A) meet the person's basic needs;
``(B) prevent physical self-injury or injury to others; or
``(C) avoid placement in an institutional facility.
``(2) Aging and disability resource center.--The term `aging
and disability resource center' means an entity administering a
program established by the State, as part of the State's system of
long-term care, to provide a coordinated system for providing--
``(A) comprehensive information on available public and
private long-term care programs, options, and resources;
``(B) personal counseling to assist individuals in
assessing their existing or anticipated long-term care needs,
and developing and implementing a plan for long-term care
designed to meet their specific needs and circumstances; and
``(C) consumer access to the range of publicly supported
long-term care programs for which consumers may be eligible, by
serving as a convenient point of entry for such programs.
``(3) Child with a special need.--The term `child with a
special need' means an individual less than 18 years of age who
requires care or supervision beyond that required of children
generally to--
``(A) meet the child's basic needs; or
``(B) prevent physical injury, self-injury, or injury to
others.
``(4) Eligible state agency.--The term `eligible State agency'
means a State agency that--
``(A) administers the State's program under the Older
Americans Act of 1965, administers the State's program under
title XIX of the Social Security Act, or is designated by the
Governor of such State to administer the State's programs under
this title;
``(B) is an aging and disability resource center;
``(C) works in collaboration with a public or private
nonprofit statewide respite care coalition or organization; and
``(D) demonstrates--
``(i) an ability to work with other State and
community-based agencies;
``(ii) an understanding of respite care and family
caregiver issues across all age groups, disabilities, and
chronic conditions; and
``(iii) the capacity to ensure meaningful involvement
of family members, family caregivers, and care recipients.
``(5) Family caregiver.--The term `family caregiver' means an
unpaid family member, a foster parent, or another unpaid adult, who
provides in-home monitoring, management, supervision, or treatment
of a child or adult with a special need.
``(6) Lifespan respite care.--The term `lifespan respite care'
means a coordinated system of accessible, community-based respite
care services for family caregivers of children or adults with
special needs.
``(7) Respite care.--The term `respite care' means planned or
emergency care provided to a child or adult with a special need in
order to provide temporary relief to the family caregiver of that
child or adult.
``(8) State.--The term `State' means any of the several States,
the District of Columbia, the Virgin Islands of the United States,
the Commonwealth of Puerto Rico, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 2902. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE
AGREEMENTS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand and enhance respite care services to family
caregivers;
``(2) to improve the statewide dissemination and coordination
of respite care; and
``(3) to provide, supplement, or improve access and quality of
respite care services to family caregivers, thereby reducing family
caregiver strain.
``(b) Authorization.--Subject to subsection (e), the Secretary is
authorized to award grants or cooperative agreements for the purposes
described in subsection (a) to eligible State agencies for which an
application is submitted pursuant to subsection (d).
``(c) Federal Lifespan Approach.--In carrying out this section, the
Secretary shall work in cooperation with the National Family Caregiver
Support Program of the Administration on Aging and other respite care
programs within the Department of Health and Human Services to ensure
coordination of respite care services for family caregivers of children
and adults with special needs.
``(d) Application.--
``(1) Submission.--Each Governor desiring the eligible State
agency of his or her State to receive a grant or cooperative
agreement under this section shall submit an application on behalf
of such agency to the Secretary at such time, in such manner, and
containing such information as the Secretary shall require.
``(2) Contents.--Each application submitted under this section
shall include--
``(A) a description of the eligible State agency's--
``(i) ability to work with other State and community-
based agencies;
``(ii) understanding of respite care and family
caregiver issues across all age groups, disabilities, and
chronic conditions; and
``(iii) capacity to ensure meaningful involvement of
family members, family caregivers, and care recipients;
``(B) with respect to the population of family caregivers
to whom respite care information or services will be provided
or for whom respite care workers and volunteers will be
recruited and trained, a description of--
``(i) the population of family caregivers;
``(ii) the extent and nature of the respite care needs
of that population;
``(iii) existing respite care services for that
population, including numbers of family caregivers being
served and extent of unmet need;
``(iv) existing methods or systems to coordinate
respite care information and services to the population at
the State and local level and extent of unmet need;
``(v) how respite care information dissemination and
coordination, respite care services, respite care worker
and volunteer recruitment and training programs, or
training programs for family caregivers that assist such
family caregivers in making informed decisions about
respite care services will be provided using grant or
cooperative agreement funds;
``(vi) a plan for administration, collaboration, and
coordination of the proposed respite care activities with
other related services or programs offered by public or
private, nonprofit entities, including area agencies on
aging;
``(vii) how the population, including family
caregivers, care recipients, and relevant public or private
agencies, will participate in the planning and
implementation of the proposed respite care activities;
``(viii) how the proposed respite care activities will
make use, to the maximum extent feasible, of other Federal,
State, and local funds, programs, contributions, other
forms of reimbursements, personnel, and facilities;
``(ix) respite care services available to family
caregivers in the eligible State agency's State or
locality, including unmet needs and how the eligible State
agency's plan for use of funds will improve the
coordination and distribution of respite care services for
family caregivers of children and adults with special
needs;
``(x) the criteria used to identify family caregivers
eligible for respite care services;
``(xi) how the quality and safety of any respite care
services provided will be monitored, including methods to
ensure that respite care workers and volunteers are
appropriately screened and possess the necessary skills to
care for the needs of the care recipient in the absence of
the family caregiver; and
``(xii) the results expected from proposed respite care
activities and the procedures to be used for evaluating
those results;
``(C) assurances that, where appropriate, the eligible
State agency will have a system for maintaining the
confidentiality of care recipient and family caregiver records;
and
``(D) a memorandum of agreement regarding the joint
responsibility for the eligible State agency's lifespan respite
program between--
``(i) the eligible State agency; and
``(ii) a public or private nonprofit statewide respite
coalition or organization.
``(e) Priority; Considerations.--When awarding grants or
cooperative agreements under this section, the Secretary shall--
``(1) give priority to eligible State agencies that the
Secretary determines show the greatest likelihood of implementing
or enhancing lifespan respite care statewide; and
``(2) give consideration to eligible State agencies that are
building or enhancing the capacity of their long-term care systems
to respond to the comprehensive needs, including respite care
needs, of their residents.
``(f) Use of Grant or Cooperative Agreement Funds.--
``(1) In general.--
``(A) Required uses of funds.--Each eligible State agency
awarded a grant or cooperative agreement under this section
shall use all or part of the funds--
``(i) to develop or enhance lifespan respite care at
the State and local levels;
``(ii) to provide respite care services for family
caregivers caring for children or adults;
``(iii) to train and recruit respite care workers and
volunteers;
``(iv) to provide information to caregivers about
available respite and support services; and
``(v) to assist caregivers in gaining access to such
services.
``(B) Optional uses of funds.--Each eligible State agency
awarded a grant or cooperative agreement under this section may
use part of the funds for--
``(i) training programs for family caregivers to assist
such family caregivers in making informed decisions about
respite care services;
``(ii) other services essential to the provision of
respite care as the Secretary may specify; or
``(iii) training and education for new caregivers.
``(2) Subcontracts.--Each eligible State agency awarded a grant
or cooperative agreement under this section may carry out the
activities described in paragraph (1) directly or by grant to, or
contract with, public or private entities.
``(3) Matching funds.--
``(A) In general.--With respect to the costs of the
activities to be carried out under paragraph (1), a condition
for the receipt of a grant or cooperative agreement under this
section is that the eligible State agency agrees to make
available (directly or through donations from public or private
entities) non-Federal contributions toward such costs in an
amount that is not less than 25 percent of such costs.
``(B) Determination of amount contributed.--Non-Federal
contributions required by subparagraph (A) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(g) Term of Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
``(2) Renewal.--The Secretary may renew a grant or cooperative
agreement under this section at the end of the term of the grant or
cooperative agreement determined under paragraph (1).
``(h) Maintenance of Effort.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for respite care services.
``SEC. 2903. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.
``(a) Establishment.--The Secretary may award a grant or
cooperative agreement to a public or private nonprofit entity to
establish a National Resource Center on Lifespan Respite Care (referred
to in this section as the `center').
``(b) Purposes of the Center.--The center shall--
``(1) maintain a national database on lifespan respite care;
``(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
``(3) provide information, referral, and educational programs
to the public on lifespan respite care.
``SEC. 2904. REPORT.
``Not later than January 1, 2009, the Secretary shall report to the
Congress on the activities undertaken under this title. Such report
shall evaluate--
``(1) the number of States that have lifespan respite care
programs;
``(2) the demographics of the caregivers receiving respite care
services through grants or cooperative agreements under this title;
and
``(3) the effectiveness of entities receiving grants or
cooperative agreements under this title.
``SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $30,000,000 for fiscal year 2007;
``(2) $40,000,000 for fiscal year 2008;
``(3) $53,330,000 for fiscal year 2009;
``(4) $71,110,000 for fiscal year 2010; and
``(5) $94,810,000 for fiscal year 2011.''.
SEC. 3. GAO REPORT ON LIFESPAN RESPITE CARE PROGRAMS.
Not later than January 1, 2011, the Comptroller General of the
United States shall conduct an evaluation and submit a report to the
Congress on the effectiveness of lifespan respite programs, including
an analysis of cost benefits and improved efficiency in service
delivery.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lifespan Respite Care Act of 2006 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award matching grants or cooperative agreements to eligible state agencies to: (1) expand and enhance respite care services to family caregivers; (2) improve the statewide dissemination and coordination of respite care; and (3) provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver.
Instructs the Secretary to work cooperatively with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services (HHS) to ensure coordination of respite care services for family caregivers of children and adults with special needs.
Requires the Secretary to: (1) give priority to eligible state agencies that show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and (2) give consideration to agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents.
Directs that funds must be used to: (1) develop or enhance lifespan respite care at the state and local levels; (2) provide respite care services for family caregivers caring for children or adults; (3) train and recruit respite care workers; (4) provide information to caregivers about available respite and support services; and (5) assist caregivers in gaining access to such services.
Permits part of such funds to be used for: (1) training programs for family caregivers to assist in making informed decisions about respite care services; (2) other services essential to the provision of respite care; or (3) training and education for new caregivers.
Allows the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care.
Sets forth reporting requirements.
Authorizes appropriations.
(Sec. 3) Requires the Comptroller General to conduct an evaluation and report to Congress on the effectiveness of lifespan respite care programs, including an analysis of cost benefits and improved efficiency in service delivery. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes."} | 3,128 | 572 | 0.634085 | 1.787614 | 0.663801 | 6.271654 | 5.683071 | 0.948819 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compacts of Free Association
Amendments Act of 2005''.
SEC. 2. APPROVAL OF AGREEMENTS.
Section 101 of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921) is amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Federated States of Micronesia, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 30, 2004, which shall serve as the
authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the Government
of the Republic of the Marshall Islands, as amended under the
Agreement to Amend Article X that was signed by those 2
Governments on June 18, 2004, which shall serve as the
authority to implement the provisions thereof''.
SEC. 3. CONFORMING AMENDMENT.
Section 105(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921d(f)(1)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii),
section 221(a)(6) of the U.S.-FSM Compact and
section 221(a)(5) of the U.S.-RMI Compact shall
each be construed and applied in accordance
with the 2 Agreements to Amend Article X of the
Federal Programs and Service Agreements signed
on June 30, 2004, and on June 18, 2004,
respectively.
``(ii) Definition of will provide
funding.--In the second sentence of paragraph
12 of each of the Agreements described in
clause (i), the term `will provide funding'
means will provide funding through a transfer
of funds using Standard Form 1151 or a similar
document or through an interagency,
reimbursable agreement.''.
SEC. 4. CLARIFICATIONS REGARDING PALAU.
Section 105(f)(1)(B) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears
and inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009'';
and
(C) by striking ``was'' and inserting ``were''.
SEC. 5. AVAILABILITY OF LEGAL SERVICES.
Section 105(f)(1)(C) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended by inserting before
the period at the end the following: ``, which shall also continue to
be available to the citizens of the Federated States of Micronesia, the
Republic of Palau, and the Republic of the Marshall Islands who legally
reside in the United States (including territories and possessions)''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the''
before ``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph
(A) of paragraph (8) , by striking ``to
include'' and inserting ``and include'';
(ii) in paragraph (9)(A), by inserting a
comma after ``may''; and
(iii) in paragraph (10), by striking
``related to service'' and inserting ``related
to such services''; and
(C) in the first sentence of subsection (j), by
inserting ``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Federated States of Micronesia (as
provided in section 201(a) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2757)) is amended--
(A) in section 174--
(i) in subsection (a), by striking
``courts'' and inserting ``court''; and
(ii) in subsection (b)(2), by striking
``the'' before ``November'';
(B) in section 177(a), by striking ``, or Palau''
and inserting ``(or Palau)'';
(C) in section 179(b), strike ``amended Compact''
and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended'';
(ii) in the fifth sentence of subsection
(a), by striking ``Trust Fund Agreement,'' and
inserting ``Agreement Between the Government of
the United States of America and the Government
of the Federated States of Micronesia
Implementing Section 215 and Section 216 of the
Compact, as Amended, Regarding a Trust Fund
(Trust Fund Agreement),'';
(iii) in subsection (b)--
(I) in the first sentence, by
striking ``Government of the'' before
``Federated''; and
(II) in the second sentence, by
striking ``Sections 321 and 323 of the
Compact of Free Association, as
Amended'' and inserting ``Sections
211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and
(iv) in the last sentence of subsection
(d), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in the first sentence of section 215(b), by
striking ``subsection(a)'' and inserting ``subsection
(a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security''; and
(ii) in the first sentence of subsection
(c), by striking ``agreements'' and inserting
``agreement'';
(G) in the second sentence of section 222, by
inserting ``in'' after ``referred to'';
(H) in the second sentence of section 232, by
striking ``sections 102 (c)'' and all that follows
through ``January 14, 1986)'' and inserting ``section
102(b) of Public Law 108-188, 117 Stat. 2726, December
17, 2003'';
(I) in the second sentence of section 252, by
inserting ``, as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141''
and inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(L) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(M) in section 461(h), by striking
``Telecommunications'' and inserting
``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV''
and inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of America
and the Government of the Republic of the Marshall Islands (as
provided in section 201(b) of the Compact of Free Association
Amendments Act of 2003 (117 Stat. 2795)) is amended--
(A) in section 174(a), by striking ``court'' and
inserting ``courts'';
(B) in section 177(a), by striking the comma before
``(or Palau)'';
(C) in section 179(b), by striking ``amended
Compact,'' and inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection
(a), by striking ``Compact, as Amended, of Free
Association'' and inserting ``Compact of Free
Association, as amended``;
(ii) in the first sentence of subsection
(b), by striking ``Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Miliary Use and Operating
Rights'' and inserting ``Agreement Regarding
the Military Use and Operating Rights of the
Government of the United States in the Republic
of the Marshall Islands concluded Pursuant to
Sections 321 and 323 of the Compact of Free
Association, as Amended (Agreement between the
Government of the United States and the
Government of the Republic of the Marshall
Islands Regarding Military Use and Operating
Rights)''; and
(iii) in the last sentence of subsection
(e), by inserting before the period at the end
the following: ``and the Federal Programs and
Services Agreement referred to in section
231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1),
by striking ``Section 231'' and inserting
``section 231''; and
(ii) in paragraph (5), by inserting
``(Federal Emergency Management Agency)'' after
``Homeland Security'';
(F) in the second sentence of section 232, by
striking ``sections 103(m)'' and all that follows
through ``(January 14, 1986)'' and inserting ``section
103(k) of Public Law 108-188, 117 Stat. 2734, December
17, 2003'';
(G) in the first sentence of section 341, by
striking ``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14
U.S.C. 195'' and inserting ``section 195 of
title 14, United States Code''; and
(ii) in subsection (b)--
(I) by striking ``46 U.S.C.
1295(b)(6)'' and inserting ``section
1303(b)(6) of the Merchant Marine Act,
1936 (46 U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C.
1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';
(I) in the third sentence of section 354(a), by
striking ``section 442 and 452'' and inserting
``sections 442 and 452'';
(J) in the first sentence of section 443, by
inserting ``, as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of
section 461(h)--
(i) by striking ``1978'' and inserting
``1998''; and
(ii) by striking ``Telecommunications'' and
inserting ``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.
SEC. 7. TRANSMISSION OF VIDEOTAPE PROGRAMMING.
Section 111(e)(2) of title 17, United States Code, is amended by
striking ``or the Trust Territory of the Pacific Islands'' and
inserting ``the Federated States of Micronesia, the Republic of Palau,
or the Republic of the Marshall Islands''.
SEC. 8. PALAU ROAD MAINTENANCE.
The Government of the Republic of Palau may deposit the payment
otherwise payable to the Government of the United States under section
111 of Public Law 101-219 (48 U.S.C. 1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to section
212 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48
U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the United
States and the Government of the Republic of Palau.
SEC. 9. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.
In the U.S.-RMI Compact, the U.S.-FSM Compact, and their respective
trust fund subsidiary agreements, for the purposes of taxation by the
United States or its subsidiary jurisdictions, the term ``State'' means
``State, territory, or the District of Columbia''.
Passed the Senate September 29, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 1830
_______________________________________________________________________
AN ACT
To amend the Compact of Free Association Amendments Act of 2003, and
for other purposes. | Compacts of Free Association Amendments Act of 2005 - Amends the Compact of Free Association Amendments Act of 2003 with respect to the provision of emergency and disaster assistance through the United States Agency for International Development (USAID) and the Federal Emergency Management Agency (FEMA) to the Federated States of Micronesia and the Republic of the Marshall Islands.
Provides with respect to the Republic of Palau that: (1) students from Micronesia and the Marshall Islands attending universities or colleges in Palau shall remain eligible for specified higher education assistance; and (2) government, institutions, and people of Palau shall be eligible for education assistance through FY2009 that they were eligible for in FY2003.
Provides for the continuation of legal services to the citizens of Micronesia, Palau, and the Marshall Islands legally residing in the United States (including territories and possessions).
Authorizes Micronesia, Palau, and the Marshall Islands to transmit videotaped programming.
Authorizes the government of Palau to deposit the payment otherwise payable to the U.S. government under P.L. 101-219 (a law concerning the implementation of the Palau Compact of Free Association and insular area matters) into a trust fund if: (1) trust fund earnings are expended solely for maintenance of the road system constructed pursuant to the Compact of Free Association between the U.S. government and the government of Palau; and (2) the trust fund is established and operated pursuant to an agreement between the U.S. government and the government of Palau.
Provides that in the U.S.-RMI Compact (Marshall Islands), the U.S.-FSM Compact (Micronesia), and their respective trust fund subsidiary agreements, for the purposes of taxation by the United States or its subsidiary jurisdictions, the term "state" means state, territory, or the District of Columbia. | {"src": "billsum_train", "title": "A bill to amend the Compact of Free Association Amendments Act of 2003, and for other purposes."} | 3,629 | 405 | 0.658229 | 2.252183 | 0.640575 | 4.038806 | 9.283582 | 0.856716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Study of Ways to Improve the
Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas
Royalties Act of 2006''.
SEC. 2. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF
FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.
The Secretary of the Interior shall seek to enter into an
arrangement with the National Academy of Engineering under which the
Academy, by not later than six months after the date of the enactment
of this Act, shall study and report to the Secretary regarding whether
the accuracy of collection of royalties on production of oil,
condensate, and natural gas under leases of Federal lands (in eluding
submerged and deep water lands) and Indian lands would be improved by
any of the following:
(1) Requiring the installation of digital meters,
calibrated at least monthly to an absolute zero value, for all
lands from which natural gas (including condensate) is produced
under such leases.
(2) Requiring that--
(A) the size of every orifice plate on each natural
gas well operated under such leases be inspected at
least quarterly by the Secretary; and
(B) chipped orifice plates and wrong-sized orifice
plates be replaced immediately after those inspections
and reported to the Secretary for retroactive volume
measurement corrections and royalty payments with
interest of 8 percent compounded monthly.
(3) Requiring that any plug valves that are in natural gas
gathering lines be removed and replaced with ball valves.
(4) Requiring that--
(A) all meter runs should be opened for inspection
by the Secretary and the producer at all times; and
(B) any welding or closing of the meter runs
leading to the orifice plates should be prohibited
unless authorized by the Secretary.
(5) Requiring the installation of straightening vanes
approximately 10 feet before natural gas enters each orifice
meter.
(6) Requiring that all master meters be inspected and the
results of such inspections be made available to the Secretary
and the producers immediately.
(7) Requiring that--
(A) all sampling of natural gas for heating content
analysis be performed monthly upstream of each natural
gas meter, including upstream of each master meter;
(B) records of such sampling and heating content
analysis be maintained by the purchaser and made
available to the Secretary and to the producer monthly;
(C) probes for such upstream sampling be installed
upstream within three feet of each natural gas meter;
(D) any oil and natural gas lease for which heat
content analysis is falsified shall be subject to
cancellation;
(E) natural gas sampling probes be located--
(i) upstream of the natural gas meter at
all times;
(ii) within a few feet of the natural gas
meter; and
(iii) after the natural gas goes through a
Welker or Y-Z vanishing chamber; and
(F) temperature probes and testing probes be
located between the natural gas sampling probe and the
orifice of the natural gas meter.
(8)(A) Reinstating the requirement to file Federal Energy
Regulatory Commission (FERC) Form 16 in April and September of
each year for every natural gas pipeline, including each
intrastate pipelines, in addition to the filing of FERC Form 2.
(B) Requiring--
(i) use of such FERC Form 2 to create FERC Form 16
data for the years beginning April and September,
respectively, 1992, and for each year thereafter; and
(ii) filing with the Federal Energy Regulatory
Commission a FERC Form 16 for April and September that
is completed with such data back to April 1992.
(9) Requiring that administrative jurisdiction over all
natural gas gathering lines, interstate pipelines, and
intrastate piplines revert immediately to the Federal Energy
Regulatory Commission.
(10) Prohibiting the dilution of natural gas with inert
nitrogen or inert carbon dioxide gas for royalty determination,
sale, or resale at any point.
(11) Requiring that both the measurement of the volume of
natural gas and the heating content analyses be reported only
on the basis of 14.72 PSI and 60 degrees Fahrenheit, regardless
of the elevation above sea level of such volume measurement and
heating content analysis, for both purchases and sales of
natural gas.
(12) Prohibiting the construction of bypass pipes that go
around the natural gas meter, and imposing criminal penalties
for any such construction or subsequent removal including, but
not limited to, automatic cancellation of the lease.
(13) Requiring that all natural gas sold to consumers have
a minimum BTU content of 960 at an atmospheric pressure of
14.73 PSI and be at a temperature of 60 degrees Fahrenheit, as
required by the State of Wyoming Public Utilities Commission.
(14) Requiring that all natural gas sold in the USA will be
on a MMBTU basis with the BTU content adjusted for elevation
above sea level in higher altitudes. Thus all natural gas
meters must correct for BTU content in higher elevations
(altitudes).
(15) Issuance by the Secretary of rules for the measurement
at the wellhead of the standard volume of natural gas produced,
based on independent industry standards such as those suggested
by the American Society of Testing Materials (ASTM).
(16) Requiring use of the fundamental orifice meter mass
flow equation, as revised in 1990, for calculating the standard
volume of natural gas produced.
(17) Requiring the use of Fpv in standard volume
measurement computations as described in the 1992 American Gas
Association Report No. 8 entitled Compressibility Factor of
Natural Gas and Other Related Hydrocarbon Gases.
(18) Requiring that gathering lines must be constructed so
as to have as few angles and turns as possible, with a maximum
of three angles, before they connect with the natural gas
meter.
(19) Requiring that for purposes of reporting the royalty
value of natural gas, condensate, oil, and associated natural
gases, such royalty value must be based upon the natural gas'
condensate's, oil's, and associated natural gases' arm's
length, independent market value, as reported in independent,
respected market reports such as Platts or Bloombergs, and not
based upon industry controlled posted prices, such as Koch's.
(20) Requiring that royalties be paid on all the condensate
recovered through purging gathering lines and pipelines with a
cone-shaped device to push out condensate (popularly referred
to as a pig) and on condensate recovered from separators,
dehydrators, and processing plants.
(21) Requiring that all royalty deductions for dehydration,
treating, natural gas gathering, compression, transportation,
and other similar charges on natural gas, condensate, and oil
produced under such leases that are now in existence be
eliminated.
(22) Requiring that at all times--
(A) the quantity, quality, and value obtained for
natural gas liquids (condensate) be reported to the
Secretary; and
(B) such reported value be based on fair
independent arm's length market value.
(23) Issuance by the Secretary of regulations that prohibit
venting or flaring (or both) of natural gas in cases for which
technology exists to reasonably prevent it, strict enforcement
of such prohibitions, and cancellation of leases for
violations.
(24) Requiring lessees to pay full royalties on any natural
gas that is vented, flared, or otherwise avoidably lost.
(25) Requiring payment of royalties on carbon dioxide at
the wellhead used for tertiary oil recovery from depleted oil
fields and for edible purposes on the basis of 5 percent of the
West Texas Intermediate crude oil fair market price to be used
for one MCF (1,000 cubic feet) of carbon dioxide gas.
(26) Requiring that--
(A) all carbon dioxide produced from Federal and
Indian leases be analyzed for carcinogenic benzene; and
(B) benzene produced with such carbon dioxide must
be filtered out and removed safely as necessary to
prevent harm to the environment bearing such benezene
content to a maximum permissible level of 5 parts per
billion.
(27) Requiring that--
(A) royalties be paid on the fair market value of
nitrogen extracted from such leases that is used
industrially for well stimulation, helium recovery, or
other uses; and
(B) royalties be paid on the fair market value of
ultimately processed helium recovered from such leases.
(28) Allowing only 5 percent of the value of the elemental
sulfur recovered during processing of hydrogen sulfide gas from
such leases to be deducted for processing costs in determining
royalty payments.
(29) Requiring that all heating content analysis of natural
gas be conducted to a minimum level of C<INF>15</INF>.
(30) Eliminating artificial conversion from dry BTU to wet
BTU, and requiring that natural gas be analyzed and royalties
paid for at all times on the basis of dry BTU only.
(31) Requiring that natural gas sampling be performed at
all times with a floating piston cylinder container at the same
pressure intake as the pressure of the natural gas gathering
line.
(32) Requiring use of natural gas filters with a minimum of
10 microns, and preferably 15 microns, both in the intake to
natural gas sampling containers and in the exit from the
natural gas sampling containers into the chromatograph.
(33) Mandate the use of a Quad Unit for both portable and
stationary chromatographs in order to correct for the presence
of nitrogen and oxygen, if any, in certain natural gas streams.
(34) Require the calibration of all chromatograph equipment
every three months and the use of only American Gas
Association-approved standard comparison containers for such
calibration.
(35) Requiring that natural gas stored during the summer
period and marketed during the winter period be sold on the
basis of the purchase price minus a maximum of $0.50 per MMBTU
storage charges.
(36) Requiring payment of royalties on any such natural gas
stored on Federal or Indian lands on the basis of corresponding
storage charges.
(37) Imposing penalties for the intentional nonpayment of
royalties for natural gas liquids recovered--
(A) from purging of natural gas gathering lines and
natural gas pipelines; or
(B) from field separators, dehydrators, and
processing plants,
including cancellation of oil and natural gas leases and
criminal penalties.
(38) Requiring that the separator, dehydrator, and natural
gas meter be located within 100 feet of each natural gas
wellhead.
(39) Requiring that BTU heating content analysis be
performed when the natural gas is at a temperature of 140 to
150 degrees Fahrenheit at all times.
(40) Requiring that heating content analysis and volume
measurements are identical at the sales point to what they are
at the purchase point, after allowing for a small volume for
leakage in old pipes, but with no allowance for heating content
discrepancy.
(41) Requiring that all natural gas produced under such
leases be at all times sold to public, industrial, storage, and
private customers only on a MMBTU basis of MCF (1000 CF) x MBTU
(1000 BTU).
(42) Verification by the Secretary that the specific
gravity of natural gas produced under such leases, as measured
at the meter run, corresponds to the heating content analysis
data for such natural gas, in accordance with the Natural Gas
Processors Association Publication 2145-71(1), entitled
``Physical Constants Of Paraffin Hydrocarbons And Other
Components Of Natural Gas'', and reporting of all discrepancies
immediately.
(43) Prohibiting all deductions on royalty payments for
marketing of natural gas, condensate, and oil by an affiliate
or agent.
(44) Requiring that all standards of the American Petroleum
Institute, the American Gas Association, the Gas Processors
Association, and the American Society of Testing Materials,
Minerals Management Service Order No. 5, and all other Minerals
Management Service orders be faithfully observed and applied,
and willful misconduct of such standards and orders be subject
to oil and gas lease cancellation.
SEC. 3. REVIEW OF ROYALTY PAYMENTS.
The Secretary of the Interior, subject to the availability of
appropriations, shall award a contract under which the contractor
shall--
(1) compare royalty payments made under Federal oil and gas
lease provisions for covered lands against data supplied to the
Federal Energy Regulatory Commission;
(2) make such comparison retroactive to June 1, 1974, by
integrating existing natural gas analog charts or digital meter
results (or both) for each natural gas meter and multiplying
the corresponding standard volume results by heating content
analysis obtained from corresponding specific gravity
measurement relationship;
(3) determine whether the correct production standard
volume and heating content analysis was used to calculate such
payments; and
(4) determine whether such payments were adequate under the
terms of such oil and gas leases, by among other procedures
comparing the reported royalty values with respected published
market price reports, such as Platts or Bloombergs.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered lands.--The term ``covered lands'' means--
(A) all Federal onshore lands and offshore lands
that are under the administrative jurisdiction of the
Department of the Interior for purposes of oil and gas
leasing; and
(B) Indian lands.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2006 - Directs the Secretary of the Interior to arrange with the National Academy of Engineering to study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands (including submerged, deep water, and Indian lands) would be improved by implementing certain prescribed measures.
Requires the Secretary to award a contract under which the contractor shall: (1) compare royalty payments made under federal oil and gas lease provisions for covered lands against data supplied to the Federal Energy Regulatory Commission; (2) make such comparison retroactive to June 1, 1974; (3) determine whether the correct production standard volume and heating content analysis was used to calculate such payments; and (4) determine whether such payments were adequate under the terms of the oil and gas leases. | {"src": "billsum_train", "title": "To provide for a study by the National Academy of Engineering regarding improving the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of Federal lands and Indian lands, and for other purposes."} | 3,006 | 201 | 0.640221 | 2.035373 | 0.846306 | 7.819672 | 14.994536 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Normalization Accountability
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Confiscated; confiscation.--The terms ``confiscated''
and ``confiscation'', with respect to property, have the
meanings given those terms in section 401 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6091).
(2) Cuban assets control regulations.--The term ``Cuban
Assets Control Regulations'' means part 515 of title 31, Code
of Federal Regulations.
(3) Economic embargo of cuba.--The term ``economic embargo
of Cuba''--
(A) has the meaning given that term in section 4 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6023); and
(B) includes restrictions on travel and trade
imposed with respect to Cuba under the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.).
(4) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter VII
of title 15, Code of Federal Regulations.
(5) United states national.--The term ``United States
national'' has the meaning given that term in section 4 of the
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6023).
SEC. 3. SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) On December 17, 2014, President Barack Obama announced
his plan to revise United States policy with respect to Cuba by
promising engagement and to ``normalize relations''.
(2) The President, through the Department of the Treasury
and the Department of Commerce, has issued revisions to the
Cuban Assets Control Regulations and the Export Administration
Regulations relating to easing restrictions on travel to and
trade with Cuba.
(3) Those revisions have been implemented pursuant to the
discretion of the President to modify licensing authorities
under the Cuban Assets Control Regulations and the Export
Administration Regulations.
(4) The Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 prohibits the full removal of the economic embargo
of Cuba and establishes requirements for discretionary
licensing authority including through the following provisions:
(A) Section 205(b)(2)(D) of that Act (22 U.S.C.
6065(b)(2)(D)), which requires the President to take
into account the extent to which the Government of Cuba
is ``taking appropriate steps to return to United
States citizens (and entities which are 50 percent or
more beneficially owned by United States citizens)
property taken by the Cuban Government from such
citizens and entities on or after January 1, 1959, or
to provide equitable compensation to such citizens and
entities for such property''.
(B) Section 206 of that Act (22 U.S.C. 6066), which
sets forth requirements for determining whether a
democratically elected government has been established
in Cuba and defines such a government as one that ``has
made demonstrable progress in returning to United
States citizens (and entities which are 50 percent or
more beneficially owned by United States citizens)
property taken by the Cuban Government from such
citizens and entities on or after January 1, 1959, or
providing full compensation for such property in
accordance with international law standards and
practice''.
(C) Section 103 of that Act of (22 U.S.C. 6033),
which prohibits a United States national or a United
States agency from knowingly providing financing for
transactions involving any property owned by a United
States national that was confiscated by the Government
of Cuba.
(b) Sense of Congress.--It is the sense of Congress that the United
States should not further pursue efforts to ease restrictions on travel
to or trade with Cuba or to otherwise further normalize relations with
Cuba until--
(1) the President submits to Congress the plan described in
section 3(b);
(2) all property taken by the Cuban Government from United
States nationals on or after January 1, 1959, has been returned
to such nationals or full compensation for such property has
been property has been provided to such nationals; and
(3) the Government of Cuba provides secure protection for
the internationally recognized human rights of the people of
Cuba.
SEC. 4. PLAN FOR RESOLVING OUTSTANDING CLAIMS RELATING TO PROPERTY
CONFISCATED BY THE GOVERNMENT OF CUBA.
(a) In General.--Notwithstanding any other provision of law, the
President may not take any action to ease restrictions on travel to or
trade with Cuba under the Cuban Assets Control Regulations, the Export
Administration Regulations, or any other regulations relating to the
economic embargo of Cuba before the date on which the President submits
to Congress the plan described in subsection (b).
(b) Plan Described.--
(1) In general.--The plan described in this subsection is a
plan of the President for resolving outstanding claims relating
to confiscated property to ensure that--
(A) all property taken by the Government of Cuba
from United States nationals on or after January 1,
1959, has been returned to such nationals; or
(B) full compensation for such property has been
provided to such nationals.
(2) Assessment relating to certain claims.--The President
shall include in the plan described in paragraph (1) an
assessment of the effect of planned actions to ease the
restrictions described in subsection (a) on claims relating to
confiscated property considered by the Foreign Claims
Settlement Commission of the United States before the date of
the enactment of this Act. | Cuba Normalization Accountability Act of 2015 This bill expresses the sense of Congress that the United States should not pursue efforts to ease restrictions on travel to or trade with Cuba, or otherwise normalize relations with Cuba further, until: (1) the President submits to Congress the plan for resolving confiscated property claims, (2) all property taken by the Cuban government from U.S. nationals on or after January 1, 1959, has been returned or full compensation for that property has been provided to them, and (3) the government of Cuba provides secure protection for the internationally recognized human rights of the people of Cuba. The President may not take any action to ease restrictions on travel to or trade with Cuba under the Cuban Assets Control Regulations, the Export Administration Regulations, or any other regulations relating to the economic embargo of Cuba before submitting to Congress the plan for resolving outstanding claims for confiscated property to ensure that: all property taken by the government of Cuba from U.S. nationals on or after January 1, 1959, has been returned to them; or full compensation for such property has been provided to them. The President shall include in the plan an assessment of the effect of planned actions to ease the restrictions on claims relating to confiscated property considered by the Foreign Claims Settlement Commission of the United States before the date of the enactment of this Act. | {"src": "billsum_train", "title": "Cuba Normalization Accountability Act of 2015"} | 1,281 | 287 | 0.584665 | 1.650474 | 0.722081 | 7.146154 | 4.365385 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Transfer
Commercialization Act of 1998''.
SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject
to section 209 of title 35, United States Code, may grant a license to
an invention which is federally owned, made before the granting of the
license, and directly related to the scope of the work under the
agreement,'' after ``under the agreement,''.
SEC. 3. LICENSING FEDERALLY OWNED INVENTIONS.
(a) Amendment.--Section 209 of title 35, United States Code, is
amended to read as follows:
``Sec. 209. Licensing federally owned inventions
``(a) Authority.--A Federal agency may grant an exclusive or
partially exclusive license on a federally owned invention only if--
``(1) granting the license is a reasonable and necessary
incentive to--
``(A) call forth the investment capital and
expenditures needed to bring the invention to practical
application; or
``(B) otherwise promote the invention's utilization
by the public;
``(2) the Federal agency finds that the public will be
served by the granting of the license, as indicated by the
applicant's intentions, plans, and ability to bring the
invention to practical application or otherwise promote the
invention's utilization by the public, and that the proposed
scope of exclusivity is not greater than reasonably necessary
to provide the incentive for bringing the invention to
practical utilization, as proposed by the applicant, or
otherwise to promote the invention's utilization by the public;
``(3) the applicant makes a commitment to achieve practical
utilization of the invention within a reasonable time;
``(4) granting the license will not tend to substantially
lessen competition or create or maintain a violation of the
Federal antitrust laws; and
``(5) in the case of an invention covered by a foreign
patent application or patent, the interests of the Federal
Government or United States industry in foreign commerce will
be enhanced.
``(b) Manufacture in United States.--A Federal agency shall
normally grant a license to use or sell any federally owned invention
in the United States only to a licensee who agrees that any products
embodying the invention or produced through the use of the invention
will be manufactured substantially in the United States.
``(c) Small Business.--First preference for the granting of any
exclusive or partially exclusive licenses under this section shall be
given to small business firms having equal or greater likelihood as
other applicants to bring the invention to practical application within
a reasonable time.
``(d) Terms and Conditions.--Licenses granted under this section
shall contain such terms and conditions as the granting agency
considers appropriate. Such terms and conditions shall include
provisions--
``(1) retaining a nontransferrable, irrevocable, paid-up
license for the Federal agency to practice the invention or
have the invention practiced throughout the world by or on
behalf of the Government of the United States;
``(2) requiring periodic reporting on utilization of the
invention, and utilization efforts, by the licensee, but only
to the extent necessary to enable the Federal agency to
determine whether the terms of the license are being complied
with; and
``(3) empowering the Federal agency to terminate the
license in whole or in part if the agency determines that--
``(A) the licensee is not executing its commitment
to achieve practical utilization of the invention,
including commitments contained in any plan submitted
in support of its request for a license, and the
licensee cannot otherwise demonstrate to the
satisfaction of the Federal agency that it has taken,
or can be expected to take within a reasonable time,
effective steps to achieve practical utilization of the
invention;
``(B) the licensee is in breach of an agreement
described in subsection (b);
``(C) termination is necessary to meet requirements
for public use specified by Federal regulations issued
after the date of the license, and such requirements
are not reasonably satisfied by the licensee; or
``(D) the licensee has been found by a competent
authority to have violated the Federal antitrust laws
in connection with its performance under the license
agreement.
``(e) Public Notice.--No exclusive or partially exclusive license
may be granted under this section unless public notice of the intention
to grant an exclusive or partially exclusive license on a federally
owned invention has been provided in an appropriate manner at least 15
days before the license is granted, and the Federal agency has
considered all comments received in response to that public notice.
This subsection shall not apply to the licensing of inventions made
under a cooperative research and development agreement entered into
under section 12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a).
``(f) Basic Business Plan.--A Federal agency may grant a license on
a federally owned invention only if the person requesting the license
has supplied to the agency a basic business plan with development
milestones, commercialization milestones, or both.
``(g) Nondisclosure of Certain Information.--Any basic business
plan, and revisions thereto, submitted by an applicant for a license,
and any report on the utilization or utilization efforts of a licensed
invention submitted by a licensee, shall be treated by the Federal
agency as commercial and financial information obtained from a person
and not subject to disclosure under section 552 of title 5, United
States Code.''.
(b) Conforming Amendment.--The item relating to section 209 in the
table of sections for chapter 18 of title 35, United States Code, is
amended to read as follows:
``209. Licensing federally owned inventions.''.
SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT.
Chapter 18 of title 35, United States Code (popularly known as the
``Bayh-Dole Act''), is amended--
(1) by amending section 202(e) to read as follows:
``(e) In any case when a Federal employee is a coinventor of any
invention made under a funding agreement with a nonprofit organization
or small business firm, the Federal agency employing such coinventor
may, for the purpose of consolidating rights in the invention--
``(1) license or assign whatever rights it may acquire in
the subject invention from its employee to the nonprofit
organization or small business firm; or
``(2) acquire any rights in the subject invention, but only
to the extent the party from whom the rights are acquired
voluntarily enters into the transaction.''; and
(2) in section 207(a)--
(A) by striking ``patent applications, patents, or
other forms of protection obtained'' and inserting
``inventions'' in paragraph (2); and
(B) by inserting ``, including acquiring rights for
the Federal Government in any invention, but only to
the extent the party from whom the rights are acquired
voluntarily enters into the transaction, to facilitate
the licensing of a federally owned invention'' after
``or through contract'' in paragraph (3).
SEC. 5. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY
INNOVATION ACT OF 1980.
Section 14(a)(1) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710c(a)(1)) is amended--
(1) in subparagraph (A)(i), by inserting ``, if the
inventor's or coinventor's rights are assigned to the United
States'' after ``inventor or coinventors''; and
(2) in subparagraph (B), by striking ``succeeding fiscal
year'' and inserting ``2 succeeding fiscal years''.
SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT
PROCEDURES.
(a) Review.--The Director of the Office of Science and Technology
Policy, in consultation with relevant Federal agencies, national
laboratories, and any other person the Director considers appropriate,
shall review the general policies and procedures used by Federal
agencies to gather and consider the views of other agencies on--
(1) joint work statements under section 12(c)(5)(C) or (D)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(5)(C) or (D)); or
(2) in the case of laboratories described in section
12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and
development agreements under such section 12,
with respect to major proposed cooperative research and development
agreements that involve critical national security technology or may
have a significant impact on domestic or international competitiveness.
(b) Procedures.--Within one year after the date of the enactment of
this Act, the Director of the Office of Science and Technology Policy,
in consultation with relevant Federal agencies and national
laboratories, shall--
(1) determine the adequacy of existing procedures and
methods for interagency coordination and awareness; and
(2) establish and distribute to appropriate Federal
agencies--
(A) specific criteria to indicate the necessity for
gathering and considering the views of other agencies
on joint work statements or cooperative research and
development agreements as described in subsection (a);
and
(B) additional procedures, if any, for carrying out
such gathering and considering of agency views.
Procedures established under this subsection shall be designed to the
extent possible to use or modify existing procedures, to minimize
burdens on Federal agencies, to encourage industrial partnerships with
national laboratories, and to minimize delay in the approval or
disapproval of joint work statements and cooperative research and
development agreements.
Passed the House of Representatives July 14, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise requirements regarding enumerated authority under a cooperative research and development agreement to permit Government laboratories to grant licenses to federally owned inventions made before the licenses were granted and directly related to the scope of the work under such agreements.
Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferrable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received (exempts from such notice requirement the licensing of inventions made under a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act); and (2) the person requesting the license has supplied to the agency a basic business plan with development or commercialization milestones, or both. Requires any such basic business plan and any licensed invention utilization report submitted by a licensee to be treated by a Federal agency as commercial and financial information that is not subject to disclosure under the Freedom of Information Act.
Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to the Government's acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Technology Innovation Act of 1980 relating to the distribution of royalties received by Federal agencies.
Requires the Director of the Office of Science and Technology Policy to review the general policies and procedures used by Federal agencies to gather and consider the views of other agencies on joint work statements with non-Federal entities operating Federal laboratories, or cooperative research and development agreements, with respect to major proposed cooperative research and development agreements that involve critical national security technology or that may have a significant impact on domestic or international competitiveness. Requires the Director to determine the adequacy of existing procedures for interagency coordination and awareness and to distribute to appropriate Federal agencies: (1) specific criteria to indicate the necessity for considering the views of other agencies on joint work statements or cooperative research and development agreements; and (2) additional procedures for carrying out such consideration. | {"src": "billsum_train", "title": "Technology Transfer Commercialization Act of 1998"} | 2,223 | 632 | 0.622209 | 1.887957 | 0.77526 | 5.103074 | 3.647378 | 0.929476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Mergers, Acquisitions, and
Risky Takeovers Supplied by American Labor and Entrepreneurship Act of
2013'' or the ``SMART SALE Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means any
person, company, institution, or other entity engaged in
interstate commerce in the United States that owns, licenses,
or otherwise holds an interest in a federally-funded
technology, or to which Federal energy research and development
funding has been obligated by a Federal agency.
(2) Covered transaction.--
(A) In general.--The term ``covered transaction''
means any proposed or pending merger, acquisition,
takeover, or other transfer that could result in
control of a covered entity by--
(i) a government of a foreign country
described in subparagraph (B); or
(ii)(I) a natural person who is a citizen
of a foreign country described in subparagraph
(B) or who owes permanent allegiance to such
foreign country; or
(II) a corporation or other legal entity
which is organized under the laws of such
foreign country or any political subdivision
thereof if natural persons described in
subclause (I) own, directly or indirectly, more
than 50 percent of the outstanding capital
stock or other beneficial interest in such
legal entity.
(B) Foreign country described.--
(i) In general.--Except as provided in
clause (ii), a foreign country referred to in
subparagraph (A) means any of the following:
(I) The People's Republic of China.
(II) The Democratic People's
Republic of Korea.
(III) A country that is a state
sponsor of terrorism (as defined in
clause (iii)).
(IV) A country that provides
sanctuary to a foreign terrorist
organization (as defined in clause
(iv)).
(V) Any other country with respect
to which the President determines the
provisions of this paragraph should
apply.
(ii) Waiver.--The President may waive the
applicability of this paragraph with respect to
a foreign country described in clause (i) on a
case-by-case basis if not later than 60 days
before doing so the President--
(I) determines that it is in the
national interest of the United States
to do so; and
(II) submits to Congress a report
providing a justification for the
waiver.
(iii) State sponsor of terrorism defined.--
In clause (i)(III), the term ``state sponsor of
terrorism'' means any country the government of
which the Secretary of State has determined has
repeatedly provided support for international
terrorism pursuant to--
(I) section 6(j) of the Export
Administration Act of 1979 (50 U.S.C.
App. 2405) (as continued in effect
under the International Emergency
Economic Powers Act);
(II) section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C.
2371);
(III) section 40 of the Arms Export
Control Act (22 U.S.C. 2780); or
(IV) any other provision of law.
(iv) Foreign terrorist organization
defined.--In clause (i)(IV), the term ``foreign
terrorist organization'' means any organization
so designated by the Secretary of State under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(3) Federal energy research and development funding.--The
term ``Federal energy research and development funding'' means
Federal funding provided for the purpose of researching or
developing new energy technologies, products, processes, or
systems, or for the application of existing energy
technologies, products, processes, or systems in a novel
manner. Such funding includes funding for a loan or loan
guarantee made by a Federal agency.
(4) Federally-funded technology.--
(A) In general.--Except as provided in subparagraph
(B), the term ``federally-funded technology'' means any
technology, product, process, or system developed as a
result of Federal energy research and development
funding.
(B) Exception.--Such term does not apply to any
technology, product, process, and system that was not--
(i) specified in the documents and
agreements associated with the provision of the
Federal energy research and development
funding; or
(ii) a foreseeable result or byproduct of
the Federal energy research and development
funding at the time the funding was provided.
SEC. 3. REQUIREMENTS.
(a) Notification.--
(1) In general.--A covered entity shall notify the
Secretary of Energy in writing not later than 7 days of
entering into negotiations for any covered transaction.
(2) Contents.--A notification submitted pursuant to
paragraph (1) shall include--
(A) an identification of the covered entity;
(B) an identification of the purchasing, acquiring,
or merging entity;
(C) the amounts of all Federal energy research and
development funding received by the covered entity,
including a description of the form and amount of each
transaction providing such funding;
(D) an explanation of how the covered entity or its
purchaser will repay any outstanding loans or loan
guarantees provided by a Federal agency, including
interest accrued;
(E) an appraisal of the value of any federally-
funded technology owned, licensed, or otherwise held by
the covered entity, including estimates of sales value
and licensing fees; and
(F) a description of the technical rights held by
the Federal Government in all federally-funded
technology owned, licensed, or otherwise held by the
covered entity.
(3) Penalties.--Any person who knowingly and intentionally
fails to make a notification required by this subsection shall
be imprisoned for not more than 5 years and fined according to
title 18, United States Code.
(b) Recoupment of Federal Funds.--A Federal agency providing
Federal energy research and development funding shall require, as a
condition of receipt of such funding, that all amounts provided shall
be repaid to the Federal Government if a covered transaction results in
control of the recipient by a foreign country described in section
2(2)(B).
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall promulgate
regulations to carry out this section.
SEC. 4. REPORTS TO CONGRESS.
(a) Report on Notification.--Not later than 30 days after receipt
of a notification required by section 3(a), the Secretary of Energy
shall submit to Congress a report on the notification. Such a report
shall contain, at a minimum, the following:
(1) All of the information provided by the covered entity
under section 3(a).
(2) An assessment of any cybersecurity threats to the
national interests of the United States with respect to the
covered transaction.
(3) Disclosure of any additional Federal energy research
and development funding payments scheduled to be made by a
Federal entity to the covered entity.
(4) An assessment of what effect the covered transaction
will have on the interests of the United States, including the
extent to which the covered transaction will cause, or will
have a reasonable likelihood of causing, any negative effects
to the national and economic security interests of the United
States.
(5) An estimate of any amounts of Federal, State, and
foreign government funding that any party to the covered
transaction, other than the covered entity, has received.
(b) Initial Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall submit to Congress
a report that--
(1) identifies each covered entity that is engaged in a
covered transaction as of the date of enactment of this Act;
and
(2) specifies the total amount of Federal energy research
and development funding the covered entity has received and is
scheduled to receive. | Stop Mergers, Acquisitions, and Risky Takeovers Supplied by American Labor and Entrepreneurship Act of 2013 or the SMART SALE Act of 2013 - Requires any person, company, institution, or other entity engaged in interstate commerce that owns, licenses, or otherwise holds an interest in a federally-funded technology, or to which federal energy research and development funding has been obligated by a federal agency (covered entity), to notify the Secretary of Energy (DOE) not later than seven days after entering into negotiations for any proposed or pending merger, acquisition, takeover, or other transfer that could result in control of such covered entity by: (1) the government of the Peoples's Republic of China, the Democratic People's Republic of Korea, or a country that is a state sponsor of terrorism or that provides sanctuary to a foreign terrorist organization; (2) a citizen of such a country who owes permanent allegiance to such country; or (3) a corporation or other legal entity which is 50% owned by a citizen of such a country. | {"src": "billsum_train", "title": "SMART SALE Act of 2013"} | 1,739 | 239 | 0.667628 | 2.034656 | 0.826105 | 5.222772 | 8.084158 | 0.975248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Common Access Card Act of
2015''.
SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM.
(a) Pilot Program Implementation (Phase I).--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall conduct a pilot
program under title XVIII of the Social Security Act for the
purpose of utilizing smart card technology for Medicare
beneficiary identification cards in order to--
(A) increase the quality of care furnished to
Medicare beneficiaries;
(B) improve the accuracy and efficiency in the
billing for Medicare items and services;
(C) reduce the potential for identity theft and
other unlawful use of Medicare beneficiary identifying
information; and
(D) reduce waste, fraud, and abuse in the Medicare
program.
(2) Site requirements.--
(A) In general.--The Secretary shall conduct the
pilot program in at least 3 areas in which the
Secretary determines there is a high risk for waste and
abuse.
(B) Priority in timing of distribution of cards.--
In each site selected by the Secretary under
subparagraph (A), the Secretary shall give priority in
the provision of the identification cards to Medicare
beneficiaries who self-identify that their personal
identity and health information has previously been
compromised.
(3) Design of pilot program.--In designing the pilot
program, the Secretary shall provide for the following:
(A) Implementation of a system that utilizes a
smart card as a Medicare identification card for
Medicare beneficiaries. Such a card shall contain
appropriate security features and protect personal
privacy.
(B) Issuance of a new smart card to all Medicare
beneficiaries participating in the pilot program. Such
card shall have the Medicare identification number of
the Medicare beneficiary stored securely on the smart
card chip along with other information the Secretary
deems necessary.
(C) A process under which the cards issued under
subparagraph (B) are used by both Medicare
beneficiaries and Medicare providers to verify
eligibility, prevent fraud, and authorize transactions.
(D) Regular monitoring and review by the Secretary
of Medicare providers' Medicare billings and Medicare
beneficiaries' Medicare records in order to identify
and address inaccurate charges and instances of waste,
fraud, or abuse.
(E) Reporting mechanisms for measuring the cost
savings to the Medicare program by reason of the pilot
program.
(F) Include provisions--
(i) to ensure that all devices and systems
utilized as part of the pilot program comply
with standards for identity credentials
developed by the American National Standards
Institute and the National Institute of
Standards and Technology and Federal
requirements relating to interoperability and
information security, including all
requirements under the Health Insurance
Portability and Accountability Act of 1996;
(ii) to ensure that a Medicare
beneficiary's personal identifying, health, and
other information is protected from
unauthorized access or disclosure through the
use of at least two-factor authentication;
(iii) for the development of procedures and
guidelines for the use of identification cards,
card readers, kiosks, and other equipment to
verify a Medicare beneficiary's identity and
eligibility for services;
(iv) to ensure that each Medicare
beneficiary participating in the pilot program
is informed of--
(I) the purpose of the program;
(II) the processes for capturing,
enrolling, and verifying their
eligibility; and
(III) the steps that will be taken
to protect personal identifying,
health, and other information from
unauthorized access and disclosure;
(v) for addressing problems related to the
loss, theft, or malfunction of or damage to
equipment and any identifying documents or
materials provided by the Secretary;
(vi) for development of a hotline or other
means by which Medicare beneficiaries can
contact the Secretary for assistance; and
(vii) for addressing problems related to
accessing care outside the pilot area and cases
where the individual faces issues related to
physical or other capacity limitations.
(4) Privacy.--Information on the smart card shall only be
disclosed if the disclosure of such information is permitted
under the Federal regulations (concerning the privacy of
individually identifiable health information) promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996.
(5) Disclosure exemption.--Information on the smart card
shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code.
(b) Expanded Implementation (Phase II).--Taking into account the
interim report under subsection (d)(2) the Secretary shall, through
rulemaking, expand the duration and the scope of the pilot program, to
the extent determined appropriate by the Secretary.
(c) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as the Secretary
determines to be appropriate for the conduct of the pilot program.
(d) Reports to Congress.--
(1) Plan.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report that contains a description of the design and
development of the pilot program, including the Secretary's
plan for implementation.
(2) Additional report.--Not later than 2 years after the
date that the pilot program is first implemented, the Secretary
shall submit to Congress a report on the pilot program. Such
report shall contain--
(A) a detailed description of issues related to the
expansion of the program under subsection (b);
(B) recommendations for such legislation and
administrative actions as the Secretary considers
appropriate for implementation of the program on a
nationwide basis; and
(C) a justification for each recommendation
described in subparagraph (B).
(e) Definitions.--In this section:
(1) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to, or enrolled for,
benefits under part A of title XVIII of the Social Security Act
or enrolled for benefits under part B of such title.
(2) Medicare program.--The term ``Medicare program'' means
the health benefits program under title XVIII of the Social
Security Act.
(3) Medicare provider.--The term ``Medicare provider''
means a provider of services (as defined in subsection (u) of
section 1861 of the Social Security Act (42 U.S.C. 1395x)) and
a supplier (as defined in subsection (d) of such section),
including a supplier of durable medical equipment and supplies.
(4) Pilot program.--The term ``pilot program'' means the
pilot program conducted under this section.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Smart card.--The term ``smart card'' means a secure,
electronic, machine readable, fraud-resistant, tamper-resistant
card that includes an embedded integrated circuit chip with a
secure micro-controller. | Medicare Common Access Card Act of 2015 This bill establishes a pilot program under title XVIII (Medicare) of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary identification cards. A “smart card” is a secure, electronic, machine readable, fraud-resistant, tamper-resistant card that includes an embedded integrated circuit chip with a secure micro-controller. The Centers for Medicare & Medicaid Services (CMS) must conduct the pilot program in at least three areas in which there is a high risk for waste and abuse, and must give priority in the provision of cards to Medicare beneficiaries who self-identify as individuals whose personal identity and health information has previously been compromised. In designing the program, CMS must include, among other provisions: (1) regular monitoring and review of Medicare billings and records in order to identify and address inaccurate changes and instances of waste, fraud, or abuse; and (2) reporting mechanisms for measuring Medicare cost savings attributable to the pilot program. CMS must report to Congress on issues and recommendations related the pilot program within two years of program implementation. | {"src": "billsum_train", "title": "Medicare Common Access Card Act of 2015"} | 1,497 | 249 | 0.696843 | 2.17331 | 0.724158 | 3.972477 | 6.5 | 0.889908 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Kate's Law''.
SEC. 2. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended to read as follows:
``reentry of removed alien
``Sec. 276. (a) Reentry After Removal.--Any alien who has been
denied admission, excluded, deported, or removed, or who has departed
the United States while an order of exclusion, deportation, or removal
is outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection
was convicted before such removal or departure--
``(1) for 3 or more misdemeanors or for a felony, the alien
shall be fined under title 18, United States Code, imprisoned
not more than 10 years, or both;
``(2) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, the alien
shall be fined under such title, imprisoned not more than 15
years, or both;
``(3) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months, the alien
shall be fined under such title, imprisoned not more than 20
years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and slavery) or
113B (relating to terrorism) of such title, or for 3 or more
felonies of any kind, the alien shall be fined under such
title, imprisoned not more than 25 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described, and the
penalties in that subsection shall apply only in cases in which the
conviction or convictions that form the basis for the additional
penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under the Immigration and Nationality Act or
any prior Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Definitions.--For purposes of this section and section 275,
the following definitions shall apply:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing the
border, regardless of whether the alien is free from official
restraint.
``(2) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
Passed the House of Representatives June 29, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Kate's Law (Sec. 2) This bill amends the Immigration and Nationality Act to revise provisions relating to the reentry of removed aliens. The bill provides that an alien who has been excluded, deported, removed, or denied admission, or who has departed the United States while under an outstanding order of exclusion, deportation, or removal, and who subsequently crosses or attempts to cross the border into the United States, shall be fined, imprisoned not more than two years, or both. ("Crosses the border" refers to the physical act of crossing the border, regardless of whether the alien is free from official restraint.) The bill revises reentry of criminal offender provisions to provide that an alien who was convicted before such removal or departure of: three or more misdemeanors or for a felony shall be fined, imprisoned up to 10 years, or both; a felony for which the alien was sentenced to not less than 30 months in prison shall be fined, imprisoned up to 15 years, or both; a felony for which the alien was sentenced to not less than 60 months shall be fined, imprisoned up to 20 years, or both; or murder, rape, kidnapping, or a felony offense relating to peonage and slavery or terrorism, or of three or more felonies of any kind, shall be fined, imprisoned up to 25 years, or both. An alien who has been excluded, deported, removed, or denied admission three or more times and thereafter enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be fined, imprisoned not more than 10 years, or both. The bill states that it shall be an affirmative defense to a reentry violation (thus placing the burden of proof on the defendant) that: (1) prior to the alleged violation, the alien had received Department of Homeland Security (DHS) consent to reapply for U.S. admission; or (2) with respect to an alien previously denied admission and removed, the alien was not required to obtain such advance consent and had complied with all other applicable admissions laws and regulations. In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order. (Currently, the validity of a prior deportation order may be challenged under certain grounds.) A removed alien who enters, attempts to enter, or crosses or attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that DHS has consented to the alien's reentry. | {"src": "billsum_train", "title": "Kate\u2019s Law"} | 1,320 | 651 | 0.761449 | 2.453619 | 0.740687 | 5.329609 | 2.163873 | 0.927374 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Communities Safe through
Treatment Act of 2016''.
SEC. 2. PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall establish
a pilot program to provide grants to eligible entities for
diversion programs to divert individuals with low-level drug
offenses to drug treatment programs.
(2) Duration of pilot program.--The pilot program shall
terminate 5 years after the date of the enactment of this Act.
(3) Grants awarded under pilot program.--The Attorney
General shall award grants under the pilot program to not fewer
than 10 eligible entities.
(b) Limitation on Use of Funds.--Grant funds awarded under the
pilot program may not be used to divert an individual with a low-level
drug offense to a drug treatment program if criminal charges have been
filed and are pending against such individual.
(c) Application.--
(1) In general.--To be selected to receive a grant under
the pilot program, an eligible entity shall submit to the
Attorney General an application at such time, in such manner,
and containing such information as the Attorney General may
require.
(2) Other requirements.--Each application for a grant under
the pilot program shall include a description of how the
eligible entity--
(A) coordinates with drug treatment programs that
provide medication-assisted treatment;
(B) plans to coordinate with local prosecutors;
(C) plans to divert individuals with low-level drug
offenses to such programs;
(D) plans to monitor and record the progress of
such individuals in such programs;
(E) plans to assess such individuals to ensure that
they have an appropriate drug treatment plan;
(F) plans to monitor and record the drug use of
such individuals; and
(G) will provide case management for such
individuals.
(d) Reports.--
(1) Quarterly reports.--Each quarter during the duration of
the pilot program, an eligible entity that receives a grant
under the pilot program shall submit a report to the Attorney
General that includes--
(A) the number of individuals diverted to drug
treatment programs by the diversion program for which
the grant funds are used;
(B) any subsequent arrest records of such
individuals, when such records are publicly available;
(C) any subsequent criminal charges filed against
such individuals;
(D) the random drug test results for such
individuals; and
(E) the cost of such programs.
(2) Annual reports.--Not less than once each year during
the duration of the pilot program, the Attorney General shall
submit a report to Congress that includes--
(A) the number of grants awarded under the pilot
program;
(B) the number of individuals diverted to drug
treatment programs by the diversion program for which
the grant funds are used;
(C) any subsequent arrest records of such
individuals, when such records are publicly available;
(D) any subsequent criminal charges filed against
such individuals;
(E) the random drug test results for such
individuals; and
(F) the amount of funds used to provide grants
under the pilot program.
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
law enforcement agency with jurisdiction over a high intensity
drug trafficking area, as designated pursuant to section 707(b)
of the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1706(b)).
(2) Low-level drug offense.--The term ``low-level drug
offense'' does not include a serious violent felony.
(3) Medication-assisted treatment.--The term ``medication-
assisted treatment'' means treatment of substance use disorders
through the use of a drug (or a combination of drugs) approved
or licensed under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or section 351 of the Public
Health Service Act (42 U.S.C. 262), in combination with
evidence-based behavioral therapies.
(4) Serious violent felony.--The term ``serious violent
felony'' has the meaning given such term in section 3559(c)(2)
of title 18, United States Code.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such funds as may be necessary to carry out the pilot
program, to be derived from the funds made available to the Office of
Justice Programs. | Keeping Communities Safe through Treatment Act of 2016 This bill directs the Department of Justice to establish a pilot program to provide grants to law enforcement agencies in designated high intensity drug trafficking areas for programs to divert low-level drug offenders to drug treatment programs. | {"src": "billsum_train", "title": "Keeping Communities Safe through Treatment Act of 2016"} | 996 | 55 | 0.542271 | 1.284147 | 0.716808 | 3.166667 | 19.229167 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Relief Tax Check-Off for
Our Armed Forces Act of 2007''.
SEC. 2. ABOVE-THE-LINE DEDUCTION FOR CERTAIN CONTRIBUTIONS TO THE ARMED
FORCES RELIEF TRUST.
Section 62(a) of the Internal Revenue Code of 1986 (defining
adjusted gross income) is amended by inserting after paragraph (21) the
following new paragraph:
``(22) Certain contributions to armed forces relief
trust.--In the case of an individual, the deduction allowed by
section 170 to the extent it does not exceed the lesser of--
``(A) the amount contributed by the taxpayer
pursuant to the designation procedure under section
6097, or
``(B) $1,000 ($2,000 in the case of a joint
return).''.
SEC. 3. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE ARMED
FORCES RELIEF TRUST.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE ARMED
FORCES RELIEF TRUST
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be contributed to the Armed Forces Relief Trust.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.
``(d) Explanation.--The Secretary shall include in the general
instructions for filing returns by individuals of the tax imposed by
chapter 1--
``(1) a description of the deduction under section
62(a)(22) and the designation procedure under this section,
``(2) an explanation that charitable contributions to the
Armed Forces Relief Trust that are not described in section
62(a)(22) are still allowable as a deduction to taxpayers who
itemize deductions, and
``(3) a notice that the use of funds contributed to the
Armed Forces Relief Trust under this section shall be
determined by the Advisory Board established under subsection
(e).
``(e) Advisory Board.--
``(1) Appointment.--
``(A) In general.--There is established an advisory
board for the Armed Forces Relief Trust. The members of
such board shall be appointed as follows:
``(i) One individual appointed by the
Chairman of the Committee on Finance of the
Senate.
``(ii) One individual appointed by the
Chairman of the Committee on Armed Services of
the Senate.
``(iii) One individual appointed by the
Chairman of the Committee on Veterans' Affairs
of the Senate.
``(iv) One individual appointed by the
Chairman of the Committee on Appropriations of
the Senate.
``(v) One individual appointed by the
Chairman of the Joint Committee on Taxation.
``(vi) One individual appointed by the
Chairman of the Committee on Armed Services of
the House of Representatives.
``(vii) One individual appointed by the
Chairman of the Committee on Veterans' Affairs
of the House of Representatives.
``(viii) One individual appointed by the
Chairman of the Committee on Appropriations of
the House of Representatives.
``(ix) One individual appointed by the
President from each of the following: the Army
Emergency Relief Society, the Navy Marine Corps
Relief Society, the Air Force Aid Society, and
the Coast Guard Mutual Assistance Relief
Society.
``(x) Two individuals appointed by the
President from 2 veterans service
organizations.
``(B) Term.--The term of each member of the
advisory board shall be 3 years, except that any member
whose term of office has expired shall continue to
serve until such member's successor is appointed. No
member shall serve more than 2 3-year terms.
``(C) Appointment of successors.--The appointment
of any successor member shall be made in the same
manner as the original appointment. If a member dies or
resigns before the expiration of the member's term, a
successor shall be appointed for the unexpired portion
of the term in the same manner as the original
appointment.
``(D) Prohibition.--No member of the advisory board
may be an employee of the Federal Government.
``(2) Chairman; vice chairman.--
``(A) Designation.--The President shall designate a
chairman for the advisory board. The advisory board
shall not later than its second meeting, by majority
vote, designate a vice chairman, who shall perform the
duties of the chairman in the absence of the chairman.
``(B) Duties of chairman.--The chairman shall call
the meetings of the advisory board, propose meeting
agendas, chair the meetings, and establish, with the
approval of a majority of the members, the rules and
procedures for such meetings.
``(3) Operations of board.--The advisory board shall meet
semi-annually, for the purpose of providing ongoing advice to
the Armed Forces Relief Trust regarding the distribution of
contributed funds, policies governing said distribution, and
the administrative costs and operations of the Armed Forces
Relief Trust. A majority of the members shall constitute a
quorum. Advisory board members shall serve without
compensation. While performing duties as a member of the
advisory board, each member shall be reimbursed under Federal
Government travel regulations for travel expenses. Such
reimbursements and any other reasonable expenses of the
advisory board shall be provided by the budget of the Executive
Office of the President.
``(4) Control over designated funds.--Amounts contributed
to the Armed Forces Relief Trust pursuant to this section may
be used by such Trust only as provided by the advisory board.
``(5) Audit.--The General Accountability Office shall audit
the distribution and management of funds of the Armed Forces
Relief Trust on an annual basis to ensure compliance with
statutory and administrative directives. The Comptroller
General of the United States shall report to the advisory board
and Congress on the results of such audit.
``(6) Reports.--Within 60 days after its semi-annual
meeting, the advisory board shall submit a written report to
the President of its action, and of its views and
recommendations. Any report other than the semi-annual report,
shall, if approved by a majority of the members of the advisory
board, be submitted to the President within 60 days after such
approval.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Part IX. Designation of Overpayments and Contributions for the Armed
Forces Relief Trust.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2006. | Emergency Relief Tax Check-Off for Our Armed Forces Act of 2007 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers who do not itemize their tax deductions) for charitable contributions of up to $1,000 ($2,000 in the case of a joint return) to the Armed Forces Relief Trust.
Allows taxpayers to designate on their tax returns a portion of any overpayment of tax as a contribution to the Trust or to make a cash contribution to the Trust with their tax returns.
Establishes an advisory board to advise the Trust on its operation and on the distribution of contributed funds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals an above-the-line deduction for contributions made to the Armed Forces Relief Trust as part of filing their income tax returns."} | 1,765 | 136 | 0.586884 | 1.618366 | 0.634203 | 3.211864 | 13.847458 | 0.889831 |
.
(a) Holding Salaries in Escrow.--
(1) In general.--If by April 15, 2017, a House of Congress
has not agreed to a concurrent resolution on the budget for
fiscal year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974, during the period described in paragraph
(2) the payroll administrator of that House of Congress shall
deposit in an escrow account all payments otherwise required to
be made during such period for the compensation of Members of
Congress who serve in that House of Congress, and shall release
such payments to such Members only upon the expiration of such
period.
(2) Period described.--With respect to a House of Congress,
the period described in this paragraph is the period which
begins on April 16, 2017 and ends on the earlier of--
(A) the day on which the House of Congress agrees
to a concurrent resolution on the budget for fiscal
year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974; or
(B) the last day of the One Hundred Fifteenth
Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under paragraph (1) that would
apply to the payment if the payment were not subject to
paragraph (1).
(4) Release of amounts at end of the congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Fifteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(b) Treatment of Delegates as Members.--In this section, the term
``Member of Congress'' includes a Delegate or Resident Commissioner to
the Congress.
(c) Payroll Administrator Defined.--In this section, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this section; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this section.
SEC. 3. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) In General.--Paragraph (2) of section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) is repealed.
(b) Technical and Conforming Amendments.--Section 601(a)(1) of such
Act (2 U.S.C. 4501(1)) is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``as adjusted by paragraph (2)'' and
inserting ``adjusted as provided by law''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect December 31, 2016.
SEC. 4. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF
MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR
AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS.
(a) Prohibition.--Except as provided in subsection (b), no funds
appropriated or otherwise made available for the official travel
expenses of a Member of Congress or other officer or employee of any
office in the legislative branch may be used for airline accommodations
which are not coach-class accommodations.
(b) Exceptions.--Funds described in subsection (a) may be used for
airline accommodations which are not coach-class accommodations for an
individual described in subsection (a) if the use of the funds for such
accommodations would be permitted under sections 301-10.121 through
301-10.125 of title 41 of the Code of Federal Regulations if the
individual were an employee of an agency which is subject to chapter
301 of such title.
(c) Rule of Construction.--Nothing in this section may be construed
to affect any officer or employee of an office of the legislative
branch which, as of the date of the enactment of this Act, is subject
to chapter 301 of title 41 of the Code of Federal Regulations.
(d) Definitions.--
(1) Coach-class accommodations.--In this section, the term
``coach-class accommodations'' means the basic class of
accommodation by airlines that is normally the lowest fare
offered regardless of airline terminology used, and (as
referred to by airlines) may include tourist class or economy
class, as well as single class when the airline offers only one
class of accommodations to all travelers.
(2) Member of congress.--In this section, the term ``Member
of Congress'' means a Senator or a Representative in, or
Delegate or Resident Commissioner to, the Congress.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2018 and each succeeding fiscal year.
SEC. 5. 5-YEAR POST-EMPLOYMENT BAN ON LOBBYING BY FORMER MEMBERS OF
CONGRESS.
(a) Former Senators.--Subparagraph (A) of section 207(e)(1) of
title 18, United States Code, is amended by striking ``within 2 years
after that person leaves office'' and inserting ``within 5 years after
that person leaves office''.
(b) Former Members of the House of Representatives.--Paragraph (1)
of section 207(e) of such title is amended by striking subparagraph (B)
and inserting the following:
``(B) Members of the house of representatives.--Any
person who is a Member of the House of Representatives
and who, within 5 years after that person leaves
office, knowingly makes, with the intent to influence,
any communication to or appearance before any Member,
officer, or employee of either House of Congress and
any employee of any other legislative office of the
Congress, on behalf of any other person (except the
United States) in connection with any matter on which
such former Member seeks action by a Member, officer,
or employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
``(C) Officers of the house of representatives.--
Any person who is an elected officer of the House of
Representatives and who, within 1 year after that
person leaves office, knowingly makes, with the intent
to influence, any communication to or appearance before
any Member, officer, or employee of the House of
Representatives, on behalf of any other person (except
the United States) in connection with any matter on
which such former elected officer seeks action by a
Member, officer, or employee of either House of
Congress, in his or her official capacity, shall be
punished as provided in section 216 of this title.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any individual who, on or after the date of the
enactment of this Act, leaves an office to which section 207(e)(1) of
title 18, United States Code, applies. | No Ongoing Perks Enrichment Act or the NOPE Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The bill amends the Legislative Reorganization Act of 1946 to eliminate automatic pay adjustments for Members of Congress. The bill prohibits use of funds appropriated or otherwise made available for the official travel of a Member of Congress or other officer or employee of the legislative branch for airline accommodations that are not coach-class accommodations. This prohibition shall not apply to an individual if the use would be permitted for an employee of an agency subject to specified federal regulations for temporary duty travel allowances. The bill amends the federal criminal code to increase to five years the post-employment lobbying ban on a former member of the U.S. Senate (currently, two years) or a former member of the U.S. House of Representatives (currently, one year). | {"src": "billsum_train", "title": "No Ongoing Perks Enrichment Act"} | 1,757 | 257 | 0.4856 | 1.449076 | 0.640788 | 3.077982 | 7.220183 | 0.857798 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The World Health Organization formally recognizes
infertility as a disease, and the Centers for Disease Control
and Prevention have stated that infertility is an emerging
public health priority.
(2) According to the Centers for Disease Control and
Prevention, approximately 3,000,000 have infertility.
(3) Medical insurance coverage for infertility treatments
is sparse and inconsistent at the State level--only 8 States
have passed laws to require comprehensive infertility coverage,
and under those State laws most employer-sponsored plans are
exempt; therefore, coverage for treatments such as in vitro
fertilization is limited. According to Mercer's 2005 National
Survey of Employer-Sponsored Health Plans, in vitro
fertilization was covered by 19 percent of large employer-
sponsored health plans and only 11 percent of small employer-
sponsored health plans. Even in States with coverage mandates,
out-of-pocket expenses for these treatments are significant.
SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 24 the following new section:
``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified infertility treatment expenses paid or incurred during the
taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
infertility treatment expenses which may be taken into account
under subsection (a) for all taxable years shall not exceed
$13,360 with respect to any eligible individual.
``(2) Income limitation.--
``(A) In general.--The amount otherwise allowable
as a credit under subsection (a) for any taxable year
(determined after the application of paragraph (1) and
without regard to this paragraph and subsection (c))
shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable
as--
``(i) the amount (if any) by which the
taxpayer's adjusted gross income exceeds
$150,000; bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For
purposes of subparagraph (A), adjusted gross income
shall be determined without regard to sections 911,
931, and 933.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is taken under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that
reimbursement or other funds in compensation for such
expense are received under any Federal, State, or local
program.
``(C) Insurance reimbursement.--No credit shall be
allowed under subsection (a) for any expense to the
extent that payment for such expense is made, or
reimbursement for such expense is received, under any
insurance policy.
``(4) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55; over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.
``(c) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--In the case of a
taxable year to which section 26(a)(2) applies, if the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(2) Rule for other years.--In the case of a taxable year
to which section 26(a)(2) does not apply, if the credit
allowable under subsection (a) exceeds the limitation imposed
by subsection (b)(4) for such taxable year, such excess shall
be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such succeeding
taxable year.
``(3) Limitation.--No credit may be carried forward under
this subsection to any taxable year after the 5th taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in first-out basis.
``(d) Qualified Infertility Treatment Expenses.--For purposes of
this section--
``(1) In general.--The term `qualified infertility
treatment expenses' means amounts paid or incurred for the
treatment of infertility via in vitro fertilization if such
treatment is--
``(A) provided by a licensed physician, licensed
surgeon, or other licensed medical practitioner, and
``(B) administered with respect to a diagnosis of
infertility by a physician licensed in the United
States.
``(2) Treatments in advance of infertility arising from
medical treatments.--In the case of expenses incurred in
advance of a diagnosis of infertility for fertility
preservation procedures which are conducted prior to medical
procedures that, as determined by a physician licensed in the
United States, may cause involuntary infertility or
sterilization, such expenses shall be treated as qualified
infertility treatment expenses--
``(A) notwithstanding paragraph (1)(B), and
``(B) without regard to whether a diagnosis of
infertility subsequently results.
Expenses for fertility preservation procedures in advance of a
procedure designed to result in infertility or sterilization
shall not be treated as qualified infertility treatment
expenses.
``(3) Infertility.--The term `infertility' means the
inability to conceive or to carry a pregnancy to live birth,
including iatrogenic infertility resulting from medical
treatments such as chemotherapy, radiation or surgery. Such
term does not include infertility or sterilization resulting
from a procedure designed for such purpose.
``(e) Eligible Individual.--For purposes of this section, the term
`eligible individual' means an individual--
``(1) who has been diagnosed with infertility by a
physician licensed in the United States, or
``(2) with respect to whom a physician licensed in the
United States has made the determination described in
subsection (d)(2).
``(f) Filing Requirements.--Married taxpayers must file joint
returns. Rules similar to the rules of paragraphs (2), (3), and (4) of
section 21(e) shall apply for purposes of this section.
``(g) Adjustments for Inflation.--
``(1) Dollar limitations.--In the case of a taxable year
beginning after December 31, 2012, the dollar amount in
subsection (b)(1) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.
``(2) Income limitation.--In the case of a taxable year
beginning after December 31, 2002, the dollar amount in
subsection (b)(2)(A)(i) shall be increased by an amount equal
to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the nearest
multiple of $10.''.
(b) Conforming Amendments.--
(1) 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 before the item relating to section 24
the following new item:
``Sec. 23A. Credit for certain infertility treatments.''.
(2) Section 36C(b)(4) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(3) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``23A,'' before ``24,''.
(4) Section 25D(c)(1)(B) of such Code is amended by
striking ``section 27'' and inserting ``sections 23A and 27''.
(5) Section 1400C(d)(1) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(6) Section 1400C(d)(2) of such Code is amended by
inserting ``23A,'' after ``23,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Family Act of 2011 - Amends the Internal Revenue Code to allow an income-based tax credit for 50% of qualified infertility treatment expenses. Allows $13,360 of such expenses to be taken into account for purposes of such credit for all taxable years. Defines "qualified infertility treatment expenses" as amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for the costs of certain infertility treatments, and for other purposes."} | 2,294 | 128 | 0.559833 | 1.546956 | 0.636779 | 3.833333 | 19.637255 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highlands Stewardship Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Highlands region is a geographic area that
encompasses more than 2,000,000 acres extending from eastern
Pennsylvania through the States of New Jersey and New York to
northwestern Connecticut;
(2) the Highlands region is an environmentally unique and
economically important area that--
(A) provides clean drinking water to over
11,000,000 people in metropolitan areas in the States
of Connecticut, New Jersey, New York, and Pennsylvania;
(B) provides critical wildlife habitat, including
habitat for threatened and endangered species;
(C) maintains an important historic connection to
early Native American culture, colonial settlement, the
American Revolution, and the Civil War;
(D) contains--
(i) recreational resources; and
(ii) cultural and multicultural landscapes
relating to the development of commerce,
transportation, the maritime industry,
agriculture, and industry in the Highlands
region; and
(E) provides other significant ecological, natural,
tourism, recreational, educational, and economic
benefits;
(3) an estimated 1 in 12 citizens of the United States live
within a 2-hour drive of the Highlands region;
(4) more than 1,000,000 residents live in the Highlands
region;
(5) the Highlands region forms a greenbelt adjacent to the
Philadelphia-New York City-Hartford urban corridor that offers
the opportunity to preserve natural and agricultural resources,
open spaces, recreational areas, and historic sites, while
encouraging sustainable economic growth and development in a
fiscally and environmentally sound manner;
(6) continued population growth and land use patterns in
the Highlands region--
(A) reduce the availability and quality of water;
(B) reduce air quality;
(C) fragment the forests;
(D) destroy critical migration corridors and forest
habitat; and
(E) result in the loss of recreational
opportunities and scenic, historic, and cultural
resources;
(7) the natural, agricultural, and cultural resources of
the Highlands region, in combination with the proximity of the
Highlands region to the largest metropolitan areas in the
United States, make the Highlands region nationally
significant;
(8) the national significance of the Highlands region has
been documented in--
(A) the Highlands Regional Study conducted by the
Forest Service in 1990;
(B) the New York-New Jersey Highlands Regional
Assessment Update conducted by the Forest Service in
2001;
(C) the bi-State Skylands Greenway Task Force
Report;
(D) the New Jersey State Development and
Redevelopment Plan;
(E) the New York State Open Space Conservation
Plan;
(F) the Connecticut Green Plan: Open Space
Acquisition FY 2001-2006;
(G) the open space plans of the State of
Pennsylvania; and
(H) other open space conservation plans for States
in the Highlands region;
(9) the Highlands region includes or is adjacent to
numerous parcels of land owned by the Federal Government or
federally designated areas that protect, conserve, restore,
promote, or interpret resources of the Highlands region,
including--
(A) the Wallkill River National Wildlife Refuge;
(B) the Shawanagunk Grasslands Wildlife Refuge;
(C) the Morristown National Historical Park;
(D) the Delaware and Lehigh Canal Corridors;
(E) the Hudson River Valley National Heritage Area;
(F) the Delaware River Basin;
(G) the Delaware Water Gap National Recreation
Area;
(H) the Upper Delaware Scenic and Recreational
River;
(I) the Appalachian National Scenic Trail; and
(J) the United States Military Academy at West
Point, New York;
(10) it is in the interest of the United States to protect,
conserve, restore, promote, and interpret the resources of the
Highlands region for the residents of, and visitors to, the
Highlands region;
(11) the States of Connecticut, New Jersey, New York, and
Pennsylvania, regional entities, and units of local government
in the Highlands region have the primary responsibility for
protecting, conserving, preserving, and promoting the resources
of the Highlands region; and
(12) because of the longstanding Federal practice of
assisting States in creating, protecting, conserving,
preserving, and interpreting areas of significant natural,
economic, and cultural importance, and the national
significance of the Highlands region, the Federal Government
should, in partnership with the Highlands States, regional
entities, and units of local government in the Highlands
region, protect, restore, promote, preserve, and interpret the
natural, agricultural, historical, cultural, and economic
resources of the Highlands region.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to recognize the importance of the natural resources
and the heritage, history, economy, and national significance
of the Highlands region to the United States;
(2) to assist the Highlands States, regional entities, and
units of local government, public and private entities, and
individuals in protecting, restoring, preserving, interpreting,
and promoting the natural, agricultural, historical, cultural,
recreational, and economic resources of the Highlands
Stewardship Area;
(3) to authorize the Secretary of Agriculture and the
Secretary of the Interior to provide financial and technical
assistance for the protection, conservation, preservation, and
sustainable management of forests, land, and water in the
Highlands region, including assistance for--
(A) voluntary programs to promote and support
private landowners in carrying out forest land and open
space retention and sustainable management practices;
and
(B) forest-based economic development projects that
support sustainable management and retention of forest
land in the Highlands region;
(4) to provide financial and technical assistance to the
Highlands States, regional entities, and units of local
government, and public and private entities for planning and
carrying out conservation, education, and recreational programs
and sustainable economic projects in the Highlands region; and
(5) to coordinate with and assist the management entities
of the Hudson River Valley National Heritage Area, the Wallkill
National Refuge Area, the Morristown National Historic Area,
and other federally designated areas in the region in carrying
out any duties relating to the Highlands region.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
any agricultural producer, regional entity, unit of local
government, public entity, private entity, or other private
landowner in the Stewardship Area.
(2) Highlands region.--The term ``Highlands region'' means
the region that encompasses nearly 2,000,000 acres extending
from eastern Pennsylvania through the States of New Jersey and
New York to northwestern Connecticut.
(3) Highlands state.--The term ``Highlands State'' means--
(A) the State of Connecticut;
(B) the State of New Jersey;
(C) the State of New York; and
(D) the State of Pennsylvania.
(4) Land conservation partnership project.--The term ``land
conservation partnership project'' means a project in which a
non-Federal entity acquires land or an interest in land from a
willing seller for the purpose of protecting, conserving, or
preserving the natural, forest, agricultural, recreational,
historical, or cultural resources of the Stewardship Area.
(5) Office.--The term ``Office'' means the Office of
Highlands Stewardship established under section 6(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Stewardship area.--The term ``Stewardship Area'' means
the Highlands Stewardship Area established under section 5(a).
(8) Study.--The term ``study'' means the Highlands Regional
Study conducted by the Forest Service in 1990.
(9) Update.--The term ``update'' means the New York-New
Jersey Highlands Regional Assessment Update conducted by the
Forest Service in 2001.
(10) Work group.--The term ``Work Group'' means the
Highlands Stewardship Area Work Group established under section
6(c).
SEC. 5. ESTABLISHMENT OF HIGHLANDS STEWARDSHIP AREA.
(a) Establishment.--The Secretary and the Secretary of the
Interior, shall establish the Highlands Stewardship Area in the
Highlands region.
(b) Consultation and Resource Analyses.--In establishing the
Stewardship Area, the Secretary and the Secretary of the Interior
shall--
(1) consult with appropriate officials of the Federal
Government, Highlands States, regional entities, and units of
local government; and
(2) utilize the study, the update, and relevant State
resource analyses.
(c) Map.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall prepare a map depicting the Stewardship Area.
(2) Availability.--The map shall be on file and available
for public inspection at the appropriate offices of the
Secretary and the Secretary of the Interior.
SEC. 6. OFFICE OF HIGHLANDS STEWARDSHIP.
(a) Establishment.--The Secretary, in consultation with the Under
Secretary of Agriculture for Natural Resources and Environment, the
Chief of the Natural Resources Conservation Service, the Administrator
of the Farm Service Agency, the Chief of the Forest Service, and the
Under Secretary for Rural Development, shall establish within the
Department of Agriculture the Office of Highlands Stewardship.
(b) Duties.--The Office shall implement in the Stewardship Area--
(1) the strategies of the study and update; and
(2) in consultation with the Highlands States, other
studies consistent with the purposes of this Act.
(c) Highlands Stewardship Area Work Group.--
(1) Establishment.--The Secretary shall establish an
advisory committee to be known as the ``Highlands Stewardship
Area Work Group'' to assist the Office in implementing the
strategies of the studies and update referred to in subsection
(b).
(2) Membership.--The Work Group shall be comprised of
members that represent various public and private interests
throughout the Stewardship Area, including private landowners
and representatives of private conservation groups, academic
institutions, local governments, and economic interests, to be
appointed by the Secretary, in consultation with the Governors
of the Highlands States.
(3) Duties.--The Work Group shall advise the Office, the
Secretary, and the Secretary of the Interior on priorities
for--
(A) projects carried out with financial or
technical assistance under this section;
(B) land conservation partnership projects carried
out under section 7;
(C) research relating to the Highlands region; and
(D) policy and educational initiatives necessary to
implement the findings of the study and update.
(d) Financial and Technical Assistance.--
(1) In general.--The Office may provide financial and
technical assistance to an eligible entity to carry out a
project to protect, restore, preserve, promote, or interpret the
natural, agricultural, historical, cultural, recreational, or economic
resources of the Stewardship Area.
(2) Priority.--In determining the priority for financial
and technical assistance under paragraph (1), the Office shall
consider the recommendations of the study and update.
(3) Conditions.--
(A) In general.--The provision of financial
assistance under this subsection shall be subject to
the condition that the eligible entity enter into an
agreement with the Office that provides that if the
eligible entity converts, uses, or disposes of the
project for a purpose inconsistent with the purpose for
which the financial assistance was provided, as
determined by the Office, the United States shall be
entitled to reimbursement from the eligible entity in
an amount that is, as determined at the time of
conversion, use, or disposal, the greater of--
(i) the total amount of the financial
assistance provided for the project by the
Federal Government under this section; or
(ii) the amount by which the financial
assistance has increased the value of the land
on which the project is carried out.
(B) Cost-sharing requirement.--The Federal share of
the cost of carrying out a project under this
subsection shall not exceed 50 percent of the total
cost of the project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $7,000,000 for
each of fiscal years 2004 through 2010, to remain available until
expended.
SEC. 7. LAND CONSERVATION PARTNERSHIP PROJECTS.
(a) In General.--The Secretary of the Interior, in consultation
with the Secretary, the Office, and the Governors of the Highlands
States, shall annually designate land conservation partnership projects
that are eligible to receive financial assistance under this section.
(b) Conditions.--
(1) In general.--To be eligible for financial assistance
under subsection (a), a non-Federal entity shall enter into an
agreement with the Secretary of the Interior that--
(A) identifies--
(i) the non-Federal entity that will own or
hold the land or interest in land; and
(ii) the source of funds to provide the
non-Federal share under paragraph (2);
(B) provides that if the non-Federal entity
converts, uses, or disposes of the project for a
purpose inconsistent with the purpose for which the
assistance was provided, as determined by the Secretary
of the Interior, the United States shall be entitled to
reimbursement from the non-Federal entity in an amount
that is, as determined at the time of conversion, use,
or disposal, the greater of--
(i) the total amount of the financial
assistance provided for the project by the
Federal Government under this section; or
(ii) the amount by which the financial
assistance increased the value of the land or
interest in land; and
(C) provides that use of the financial assistance
will be consistent with--
(i) the open space plan or other plan of
the Highlands State in which the land
conservation partnership project is being
carried out; and
(ii) the findings and recommendations of
the study and update.
(2) Cost-sharing requirement.--The Federal share of the
cost of carrying out a land conservation partnership project
under this subsection shall not exceed 50 percent of the total
cost of the land conservation partnership project.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of the Interior from the Treasury or the Land and
Water Conservation Fund to carry out this section $25,000,000
for each of fiscal years 2004 through 2013, to remain available
until expended.
(2) Use of land and water conservation fund.--
Appropriations from the Land and Water Conservation Fund under
paragraph (1) shall be considered to be for Federal purposes
under section 5 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-7). | Highlands Stewardship Act of 2002 - Directs the Secretaries of Agriculture and the Interior to establish the Highlands Stewardship Area in the Highlands region (an area encompassing nearly 2,000,000 acres extending from eastern Pennsylvania through New Jersey and New York to northwestern Connecticut).Directs the Secretary of Agriculture to establish: (1) within the Department of Agriculture the Office of Highlands Stewardship to implement the strategies of the Highlands Regional Study conducted by the Forest Service in 1990 (study) and the New York-New Jersey Highlands Regional Assessment Update conducted by the Service in 2001 (update); and (2) the Highlands Stewardship Area Work Group to assist with such implementation and to advise the Office and the Secretaries on priorities for projects carried out with assistance under this Act, on land conservation partnership projects, on Highlands region research, and on policy and educational initiatives necessary to implement study and update findings. Authorizes the Office to provide financial and technical assistance to an eligible entity to carry out a project to protect, restore, preserve, promote, or interpret Area resources.Directs the Secretary of the Interior to annually designate land conservation partnership projects that are eligible to receive financial assistance under this Act. | {"src": "billsum_train", "title": "A bill to establish the Highlands Stewardship Area in the States of Connecticut, New Jersey, New York, and Pennsylvania, and for other purposes."} | 3,161 | 250 | 0.645045 | 1.94078 | 0.776389 | 4.55 | 13.9 | 0.959091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Shooting Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(2) National monument land.--The term ``National Monument
land'' has the meaning given that term in the Act of June 8,
1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 431
et seq.).
(3) Recreational shooting.--The term ``recreational
shooting'' includes any form of sport, training, competition,
or pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
SEC. 3. RECREATIONAL SHOOTING.
(a) In General.--Subject to valid existing rights, National
Monument land under the jurisdiction of the Bureau of Land Management
shall be open to access and use for recreational shooting, except such
closures and restrictions determined by the Director to be necessary
and reasonable and supported by facts and evidence for one or more of
the following:
(1) Reasons of national security.
(2) Reasons of public safety.
(3) To comply with an applicable Federal statute.
(b) Notice; Report.--
(1) Requirement.--Except as set forth in paragraph (2)(B),
before a restriction or closure under subsection (a) is made
effective, the Director shall--
(A) publish public notice of such closure or
restriction in a newspaper of general circulation in
the area where the closure or restriction will be
carried out; and
(B) submit to Congress a report detailing the
location and extent of, and evidence justifying, such a
closure or restriction.
(2) Timing.--The Director shall issue the notice and report
required under paragraph (1)--
(A) before the closure if practicable without
risking national security or public safety; and
(B) in cases where such issuance is not practicable
for reasons of national security or public safety, not
later than 30 days after the closure.
(c) Cessation of Closure or Restriction.--A closure or restriction
under paragraph (1) or (2) of subsection (a) shall cease to be
effective--
(1) effective on the day after the last day of the six-
month period beginning on the date on which the Director
submitted the report to Congress under subsection (b)(2)
regarding the closure or restriction, unless the closure or
restriction has been approved by Federal law; and
(2) 30 days after the date of the enactment of a Federal
law disapproving the closure or restriction.
(d) Management.--Consistent with subsection (a), the Director shall
manage National Monument land under the jurisdiction of the Bureau of
Land Management--
(1) in a manner that supports, promotes, and enhances
recreational shooting opportunities;
(2) to the extent authorized under State law (including
regulations); and
(3) in accordance with applicable Federal law (including
regulations).
(e) Limitation on Duplicative Closures or Restrictions.--Director
may not issue a closure or restriction under subsection (a) that is
substantially similar to closure or restriction previously issued that
was not approved by Federal law.
(f) Effective Date for Prior Closures and Restrictions.--On the
date that is six months after the date of the enactment of this Act,
this Act shall apply to closures and restrictions in place on the date
of the enactment of this Act that relate to access and use for
recreational shooting on National Monument land under the jurisdiction
of the Bureau of Land Management.
(g) Annual Report.--Not later than October 1 of each year, the
Director shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) any National Monument land under the jurisdiction of
the Bureau of Land Management that was closed to recreational
shooting or on which recreational shooting was restricted at
any time during the preceding year; and
(2) the reason for the closure.
(h) No Priority.--Nothing in this Act requires the Director to give
preference to recreational shooting over other uses of Federal public
land or over land or water management priorities established by Federal
law.
(i) Authority of the States.--
(1) Savings.--Nothing in this Act affects the authority,
jurisdiction, or responsibility of a State to manage, control,
or regulate fish and wildlife under State law (including
regulations) on land or water in the State, including Federal
public land.
(2) Federal licenses.--Nothing in this Act authorizes the
Director to require a license for recreational shooting on land
or water in a State, including on Federal public land in the
State. | Recreational Shooting Protection Act - Requires National Monument land to be open to access and use for recreational shooting, except as limited by the Director of the Bureau of Land Management (BLM) for one or more of the following: (1) reasons of national security, (2) reasons of public safety, and (3) to comply with an applicable federal statute.
Instructs the Director, before a restriction or closure becomes effective, to: (1) publish a public notice of the closure or restriction in a newspaper in the area where it will be carried out, and (2) report to Congress on the location and extent of, and evidence justifying, such closure or restriction.
Requires management of BLM National Monument land in a manner that supports, promotes, and enhances recreational shooting opportunities.
Prohibits the issuance of closures or restrictions on such land that are substantially similar to those that were previously issued and not approved by federal law. | {"src": "billsum_train", "title": "To provide for certain oversight and approval on any decisions to close National Monument land under the jurisdiction of the Bureau of Land Management to recreational shooting, and for other purposes."} | 1,047 | 197 | 0.667987 | 1.819794 | 0.87836 | 4.668478 | 5.38587 | 0.940217 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Student Loan
Forgiveness and Repayment Assistance Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--INCOME-BASED REPAYMENT PLAN
Sec. 101. Income-based repayment plan.
TITLE II--PUBLIC SERVICE LOAN FORGIVENESS PROGRAM
Sec. 201. Public service loan forgiveness program.
TITLE III--LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS
Sec. 301. Lowering of interest rates for health professions.
TITLE IV--ENHANCING OPPORTUNITIES FOR MINORITIES
Sec. 401. Enhancing opportunities for minorities.
TITLE V--ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF
ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION
Sec. 501. Assistant Secretary for the evaluation and promotion of
accessibility and affordability in higher
education.
SEC. 2. FINDINGS.
Congress finds that, according to information compiled by Campus
Progress--
(1) total Federal student debt in the United States, as of
2008, is more than $617,000,000,000, according to the
Department of Education;
(2) in 2008, the Advisory Committee on Student Financial
Assistance estimated that between 1,700,000 to 3,200,0000
baccalaureate degrees will be lost this decade among
academically qualified students because of financial barriers;
(3) the average student today graduates college with
student debt 25 percent higher than that of college graduates a
decade ago, and enters the job market where the average job
pays college graduates less than the job would have in 2000;
(4) the average college senior graduated with $4,100 in
credit card debt in 2008, according to a study by Sallie Mae,
Inc., and $23,200 in student loans, according to the Institute
for College Access and Success;
(5) according to the Institute for College Access and
Success, almost 7 in 10 college graduates are burdened with
educational debt;
(6) according to a 2006 report by the United States Public
Interest Research Group, student debt is outpacing the starting
salaries of jobs in teaching and social work, making it
virtually impossible for many debt-laden college graduates to
pursue careers in fields where they are desperately needed;
(7) according to the same report, nearly \1/4\ of all
graduates from public colleges, and almost 4 in 10 graduates
from private colleges, have levels of student debt that would
become unmanageable on the average salary of a starting
teacher;
(8) a 2002 report by the Nellie Mae Corporation found that
students delay major life decisions as a result of increased
student debt--38 percent of college graduates delay buying
their first house because of debt, 14 percent delay marriage,
and 21 percent delay having children;
(9) according to a 2006 report by the Education Trust, the
highest achieving low-income high school graduates go to
college at nearly the same rate as the lowest achieving
students from wealthy families; and
(10) more than 60 percent of African-American, Hispanic,
Native American, and Asian students face a gap between their
expected family contribution, grants, and nonprivate loans and
the cost of their education, according to the 2007-2008
National Postsecondary Student Aid Study.
TITLE I--INCOME-BASED REPAYMENT PLAN
SEC. 101. INCOME-BASED REPAYMENT PLAN.
Section 493C(e) of the Higher Education Act of 1965 (20 U.S.C.
1098e(e)) is amended--
(1) in paragraph (1), by striking ``10 percent'' and
inserting ``7 percent''; and
(2) in paragraph (2), by striking ``20 years'' and
inserting ``15 years''.
TITLE II--PUBLIC SERVICE LOAN FORGIVENESS PROGRAM
SEC. 201. PUBLIC SERVICE LOAN FORGIVENESS PROGRAM.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``120''; and
(B) in subparagraph (B)(ii), by striking ``120'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Loan cancellation amount.--
``(A) In general.--In the case of a borrower
described in paragraph (1) who has made monthly
payments as described in paragraph (1), the Secretary
shall cancel the obligation to repay 5 percent of the
balance of principal and interest due as of the time of
such cancellation, on the eligible Federal Direct Loans
made to the borrower under this part after the borrower
has made each of the following number of monthly
payments:
``(i) After 60 monthly payments.
``(ii) After 72 monthly payments.
``(iii) After 84 monthly payments.
``(iv) After 96 monthly payments.
``(v) After 108 monthly payments.
``(B) Remaining balance cancelled.--In the case of
a borrower described in paragraph (1) who has made 120
monthly payments as described in paragraph (1), the
Secretary shall cancel the obligation to repay the
balance of principal and interest due as of the time of
such cancellation, on the eligible Federal Direct Loans
made to the borrower under this part.''.
TITLE III--LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS
SEC. 301. LOWERING OF INTEREST RATES FOR HEALTH PROFESSIONS.
(a) Health Professions Student Loans.--
(1) In general.--Section 705(b) of the Public Health
Service Act (42 U.S.C. 292d(b)) is amended by striking ``the
average of'' and all that follows and inserting ``3.5
percent.''.
(2) Physician assistants.--Section 719(1) of the Public
Health Service Act (42 U.S.C. 292o(1)) is amended by inserting
before the period the following: ``, or an entity providing
programs for the training of physician assistants''.
(b) Primary Care Loans.--Section 722(e) of the Public Health
Service Act (42 U.S.C. 292r(e)) is amended by striking ``5 percent''
and inserting ``3.5 percent''.
(c) Nursing Loan Program.--Section 836(b)(5) of the Public Health
Service Act (42 U.S.C. 297b(b)(5)) is amended by striking ``5 percent''
and inserting ``3.5 percent''.
TITLE IV--ENHANCING OPPORTUNITIES FOR MINORITIES
SEC. 401. ENHANCING OPPORTUNITIES FOR MINORITIES.
(a) Program Authorized.--From amounts appropriated under this
section, the Secretary of Education shall carry out a pilot program of
awarding grants, on a competitive basis, to eligible institutions to
enable the eligible institutions to enhance opportunities for students
attending such institutions.
(b) Eligible Institutions.--In this section, the term ``eligible
institution'' has the meaning given the term in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(c) Applications.--
(1) In general.--An eligible institution desiring a grant
under this section shall submit an application to the Secretary
of Education at such time, in such manner, and containing such
information as the Secretary may require.
(2) Contents.--The application described in paragraph (1)
shall include an outline of the eligible institution's plan for
the grant that takes into consideration--
(A) increasing the eligible institution's
educational program capacity for degree-granting,
certificate-granting, adult education, and noncredit
programs;
(B) increasing the eligible institution's student
graduation rates; and
(C) how to achieve the purposes of the grant
without increasing the costs to students attending the
eligible institution.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of the
fiscal years 2011 through 2015.
TITLE V--ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF
ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION
SEC. 501. ASSISTANT SECRETARY FOR THE EVALUATION AND PROMOTION OF
ACCESSIBILITY AND AFFORDABILITY IN HIGHER EDUCATION.
Section 202 of the Department of Education Organization Act (20
U.S.C. 3412) is amended by adding at the end the following:
``(j) Assistant Secretary for the Evaluation and Promotion of
Accessibility and Affordability in Higher Education.--There shall be in
the Department an Assistant Secretary for the Evaluation and Promotion
of Accessibility and Affordability in Higher Education, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Assistant Secretary shall--
``(1) evaluate periodically what has been done thus far and
what further actions should still be taken, to increase--
``(A) accessibility to higher education;
``(B) higher education opportunities for
underserved minorities;
``(C) capacity to educate more medical personnel;
and
``(D) debt forgiveness to encourage graduates of
institutions of higher education to pursue public
service;
``(2) evaluate periodically the impact of the Healthcare
and Education Reconciliation Act of 2010 (Public Law 111-152)
in order to determine the effectiveness of the educational
grants and financial assistance programs modified by such Act;
``(3) promote higher education, including higher education
accessibility, affordability, and completion options, to
prospective and current students of institutions of higher
education; and
``(4) not later than 30 days after the end of each quarter
of a fiscal year, submit to the appropriate committees of
Congress a report that--
``(A) describes current trends regarding the
accessibility and affordability of higher education in
the United States, including the impact of the
educational grants and financial assistance programs
established under or modified by the Student Loan
Forgiveness and Repayment Assistance Act of 2010; and
``(B) includes the Assistant Secretary's
recommendations to Congress regarding how to increase
the accessibility and affordability of higher
education.''. | Student Loan Forgiveness and Repayment Assistance Act of 2010 - Amends the Higher Education Act of 1965 to lower the cap on annual, income-based student loan repayments for new borrowers of Direct Loans after July 1, 2014, from 10% to 7% of the amount by which a borrower's and the borrower's spouse's adjusted gross income exceeds 150% of the poverty line.
Requires the Secretary of Education to forgive the remaining balance of such loans after 15 (currently, 20) years of repayment.
Cancels a public service employee's obligation to repay 5% of the balance of his or her principal and interest on a Direct Loan after 60 monthly payments, 72 monthly payments, 84 monthly payments, 96 monthly payments, and 108 monthly payments as such employee. Requires the Secretary to cancel all of their remaining balance after 120 monthly payments.
Amends the Public Health Service Act to set the interest rate on student loans under the Health Professions Education program and the Nursing Workforce Development program at 3.5%.
Directs the Secretary to establish a pilot program awarding competitive grants to historically Black colleges and universities and other minority-serving institutions to enable them, without increasing student costs, to increase their: (1) capacity for degree-granting, certificate-granting, adult education, and noncredit programs; (2) student graduation rates.
Amends the Department of Education Organization Act to establish an Assistant Secretary for the Evaluation and Promotion of Accessibility and Affordability in Higher Education in the Department of Education, who shall report quarterly to Congress regarding trends in, and means of increasing, the accessibility and affordability of higher education. | {"src": "billsum_train", "title": "A bill to expand student loan forgiveness, to provide loan repayment assistance, and for other purposes."} | 2,375 | 350 | 0.471483 | 1.553704 | 0.624635 | 2.492013 | 6.507987 | 0.84345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Patient Protection
Act of 1998''.
SEC. 2. SPECIAL REQUIREMENTS FOR INDIVIDUALS PROVIDING FEEDING AND
HYDRATION ASSISTANCE TO NURSING FACILITY RESIDENTS AND
SKILLED NURSING FACILITY PATIENTS.
(a) Medicaid Program.--Section 1919 of the Social Security Act (42
U.S.C. 1396r) is amended--
(1) in subsection (b)--
(A) in paragraph (5)(F)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``, or''; and
(iii) by adding at the end the following
new clause:
``(iii) who is a feeding and hydration
assistant (as defined in paragraph (8)(B)).'';
and
(B) by adding at the end the following new
paragraph:
``(8) Required training of feeding and hydration
assistants.--
``(A) In general.--A nursing facility must not use
on a full-time or other paid basis any individual as a
feeding and hydration assistant in the facility unless
the individual--
``(i) has completed a feeding and hydration
assistance training and competency evaluation
program approved by the State under subsection
(e)(8), and
``(ii) is competent to provide feeding and
hydration services.
``(B) Feeding and hydration assistant defined.--In
this paragraph, the term `feeding and hydration
assistant' means any individual who assists residents
in a nursing facility to eat or drink but does not
otherwise provide any nursing or nursing-related
services to such residents, but does not include an
individual who--
``(i) is a licensed health professional (as
defined in paragraph (5)(G)) or a registered
dietitian,
``(ii) volunteers to provide such services
without monetary compensation, or
``(iii) is a nurse aide (as defined in
paragraph (5)(F), but without applying clause
(iii) thereof).'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(8) Specification and review of feeding and hydration
assistance training and competency evaluation programs.--The
State must--
``(A) specify those training and competency
evaluation programs that the State approves for
purposes of subsection (b)(8) and that meet the
requirements established under subsection (f)(10),
which shall at a minimum include training concerning--
``(i) recommended amounts of food and
hydration,
``(ii) methods of providing food and
hydration, and
``(iii) recognition of symptoms of
malnutrition and dehydration; and
``(B) provide for the review and reapproval of such
programs, at a frequency and using a methodology
consistent with the requirements established under
subsection (f)(10)(B).
The failure of the Secretary to establish requirements under
subsection (f)(10) shall not relieve any State of its
responsibility under this paragraph.''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(10) Requirements for feeding and hydration assistance
training and evaluation programs.--For purposes of subsections
(b)(8) and (e)(8), the Secretary shall establish--
``(A) requirements for the approval of feeding and
hydration assistance training and competency evaluation
programs; and
``(B) requirements respecting the minimum frequency
and methodology to be used by a State in reviewing such
programs' compliance with the requirements for such
programs.''.
(b) Medicare Program.--Section 1819 of such Act (42 U.S.C. 1395i-3)
is amended--
(1) in subsection (b)--
(A) in paragraph (5)(F)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``, or''; and
(iii) by adding at the end the following
new clause:
``(iii) who is a feeding and hydration
assistant (as defined in paragraph (8)(B)).'';
and
(B) by adding at the end the following new
paragraph:
``(8) Required training of feeding and hydration
assistants.--
``(A) In general.--A skilled nursing facility must
not use on a full-time or other paid basis any
individual as a feeding and hydration assistant in the
facility unless the individual--
``(i) has completed a feeding and hydration
assistance training and competency evaluation
program approved by the State under subsection
(e)(6), and
``(ii) is competent to provide feeding and
hydration services.
``(B) Feeding and hydration assistant defined.--In
this paragraph, the term `feeding and hydration
assistant' means any individual that assists residents
in a skilled nursing facility to eat or drink but does
not otherwise provide any nursing or nursing-related
services to such residents, but does not include an
individual--
``(i) is a licensed health professional (as
defined in paragraph (5)(G)) or a registered
dietitian,
``(ii) volunteers to provide such services
without monetary compensation, or
``(iii) is a nurse aide (as defined in
paragraph (5)(F), but without applying clause
(iii) thereof).'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) Specification and review of feeding and hydration
assistance training and competency evaluation programs.--The
State must--
``(A) specify those training and competency
evaluation programs that the State approves for
purposes of subsection (b)(8) and that meet the
requirements established under subsection (f)(8), which
shall, at a minimum, include training concerning--
``(i) recommended amounts of food and
hydration,
``(ii) methods of providing food and
hydration, and
``(iii) recognition of symptoms of
malnutrition and dehydration; and
``(B) provide for the review and reapproval of such
programs, at a frequency and using a methodology
consistent with the requirements established under
subsection (f)(8)(B).
The failure of the Secretary to establish requirements under
subsection (f)(8) shall not relieve any State of its
responsibility under this paragraph.''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(8) Requirements for feeding and hydration assistance
training and evaluation programs.--For purposes of subsections
(b)(8) and (e)(6), the Secretary shall establish--
``(A) requirements for the approval of feeding and
hydration assistance training and competency evaluation
programs; and
``(B) requirements respecting the minimum frequency
and methodology to be used by a State in reviewing such
programs' compliance with the requirements for such
programs.''. | Long-Term Care Patient Protection Act of 1998 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to prohibit nursing facilities and skilled nursing facilities from using on a full-time or other paid basis as a feeding and hydration assistant any individual who has not completed a related, State-approved training and competency evaluation and is not competent to provide such services. Requires States to specify, and provide for review and reapproval of, approved programs meeting Federal requirements. Directs the Secretary of Health and Human Services to establish such requirements, as well as requirements respecting the minimum frequency and methodology a State shall use in reviewing compliance with them. | {"src": "billsum_train", "title": "Long-Term Care Patient Protection Act of 1998"} | 1,629 | 154 | 0.573347 | 1.642657 | 0.707137 | 2.692308 | 11.207692 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Affairs Medical Scribe
Pilot Act of 2017''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS MEDICAL SCRIBE PILOT PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a 2-year pilot program under which the Secretary shall increase the use
of medical scribes at Department of Veterans Affairs medical centers.
(b) Locations.--The Secretary shall carry out the pilot program at
the 10 medical centers of the Department as follows:
(1) At least four such medical centers located in rural
areas.
(2) At least four such medical centers located in urban
areas.
(3) Two such medical centers located in areas with need for
increased access or increased efficiency, as determine by the
Secretary.
(c) Medical Scribes.--
(1) Hiring.--Under the pilot program the Secretary shall--
(A) hire 20 new Department of Veterans Affairs term
employees as medical scribes; and
(B) seek to enter into contracts with appropriate
entities for the employment of 20 additional medical
scribes.
(2) Distribution.--The Secretary shall assign four medical
scribes to each of the 10 medical centers of the Department
where the Secretary carries out the pilot program as follows:
(A) Two scribes shall be assigned to each of two
physicians.
(B) Thirty percent of the scribes shall be employed
in the provision of emergency care.
(C) Seventy percent of the scribes shall be
employed in the provision of speciality care in
specialties with the longest patient wait times or
lowest efficiency ratings, as determined by the
Secretary.
(d) Reports.--
(1) Reports to congress.--Not later than 180 days after the
commencement of the pilot program required under this section,
and every 180 days thereafter for the duration of the pilot
program, the Secretary of Veterans Affairs shall submit to
Congress a report on the pilot program. Each such report shall
include each of the following:
(A) A separate analysis of each the following with
respect to medical scribes employed by the Department
of Veterans Affairs and medical scribes performing
Department of Veterans Affairs functions under a
contract:
(i) Provider efficiency.
(ii) Patient satisfaction.
(iii) Average wait time.
(iv) The number of patients seen per day by
each physician or practitioner.
(v) The amount of time required to hire and
train an employee to perform medical scribe
functions under the pilot program.
(B) Metrics and data for analyzing the effects of
the pilot program, including an evaluation of the each
of the elements under clauses (i) through (iv) of
subparagraph (A) at medical centers who employed
scribes under the pilot program for an appropriate
period preceding the hiring of such scribes.
(2) Comptroller general report.--Not later than 90 days
after the termination of the pilot program under this section,
the Comptroller General of the United States shall submit to
Congress a report on the pilot program. Such report shall
include a comparison of the pilot program with similar programs
carried out in the private sector.
(e) Definitions.--In this section:
(1) The term ``medical scribe'' means an unlicensed
individual hired to enter information into the electronic
health record or chart at the direction of a physician or
licensed independent practitioner whose responsibilities
include the following:
(A) Assisting the physician or practitioner in
navigating the electronic health record.
(B) Responding to various messages as directed by
the physician or practitioner.
(C) Entering information into the electronic health
record, as directed by the physician or practitioner.
(2) The terms ``urban'' and ``rural'' have the meanings
given such terms under the rural-urban commuting codes
developed by the Secretary of Agriculture and the Secretary of
Health and Human Services.
(f) Funding.--The pilot program under this section shall be carried
out using amounts otherwise authorized to be appropriated for the
Department of Veterans Affairs. No additional amounts are authorized to
be appropriated to carry out such program.
SEC. 3. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH
ADMINISTRATION.
(a) Prohibition.--Section 1715 of title 38, United States Code, is
amended to read as follows:
``Sec. 1715. Prohibition on smoking in facilities of the Veterans
Health Administration
``(a) Prohibition.--(1)(A) Except as provided in subparagraph (B),
no person may smoke indoors in any facility of the Veterans Health
Administration.
``(B) In the case of a facility of the Veterans Health
Administration that is a community living center, no person may smoke
indoors in such facility on or after December 31, 2018.
``(2) No person may smoke outdoors in any facility of the Veterans
Health Administration on or after October 1, 2021.
``(b) Definitions.--In this section:
``(1) The term `smoke' includes the smoking of cigarettes
(including e-cigarettes or electronic cigarettes), cigars,
pipes, and any other combustion of tobacco.
``(2) The term `facility of the Veterans Health
Administration' means any land or building (including any
medical center, nursing home, domiciliary facility, outpatient
clinic, or center that provides readjustment counseling) that
is--
``(A) under the jurisdiction of the Department of
Veterans Affairs;
``(B) under the control of the Veterans Health
Administration; and
``(C) not under the control of the General Services
Administration.
``(3) The term `community living center' means a facility
of the Department that provides nursing home care.''.
(b) Conforming Amendments.--
(1) The table of sections at the beginning of chapter 17 of
such title is amended by striking the item relating to section
1715 and inserting the following:
``1715. Prohibition on smoking in facilities of the Veterans Health
Administration.''.
(2) Section 526 of the Veterans Health Care Act of 1992
(Public Law 102-585) is repealed.
(c) Effective Date.--This section shall take effect 90 days after
the date of the enactment of this Act.
Passed the House of Representatives July 24, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Veterans Affairs Medical Scribe Pilot Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to carry out a two-year pilot program under which it shall increase the use of medical scribes at VA medical centers. The bill defines "medical scribe" as an unlicensed individual hired to enter information into the electronic health record or chart at the direction of a physician or licensed independent practitioner whose responsibilities include: assisting the physician or practitioner in navigating the electronic health record; and responding to various messages and entering information into such record, as directed by the physician or practitioner. The VA shall carry out the program at four VA medical centers located in rural areas, four located in urban areas, and two located in areas with need for increased access or increased efficiency. The VA shall: (1) hire 20 new VA term employees as medical scribes and seek to enter into contracts for the employment of 20 additional scribes, (2) assign four scribes to each VA medical center where the program is conducted, (3) assign two scribes to each of two physicians, (4) employ 30% of the scribes in the provision of emergency care, and (5) employ 70% of the scribes in the provision of care in specialties with the longest patient wait times or lowest efficiency ratings. (Sec. 3) The bill replaces a provision authorizing the VA to furnish tobacco to veterans receiving hospital or domiciliary care with provisions prohibiting any person from smoking: (1) indoors in any Veterans Health Administration (VHA) facility, (2) indoors in a VHA community living center on or after December 31, 2018, and (3) outdoors at any VHA facility on or after October 1, 2021. | {"src": "billsum_train", "title": "Veterans Affairs Medical Scribe Pilot Act of 2017"} | 1,404 | 367 | 0.711012 | 2.37489 | 0.773959 | 3.510264 | 3.841642 | 0.876833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Commerce Efficiency and
Safety Improvement Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote fiscal responsibility by
transferring the functions of the Interstate Commerce Commission to the
Department of Transportation and to advance safety on the highways of
the United States by consolidating the regulation of motor carrier
safety in the Department of Transportation.
SEC. 3. DEFINITIONS.
In this Act, the term--
(1) ``Commission'' means the Interstate Commerce
Commission;
(2) ``function'' means a function, power, or duty; and
(3) ``Secretary'' means the Secretary of Transportation.
SEC. 4. TRANSFER OF AUTHORITY TO SECRETARY OF TRANSPORTATION.
(a) In General.--There are transferred to the Secretary, effective
October 1, 1993, all functions of the Commission.
(b) Authority of Office of Management and Budget.--The Director of
the Office of Management and Budget, in consultation with the
Commission and the Secretary, may make such determinations as may be
necessary with regard to the functions transferred by this Act, and to
make such additional incidental dispositions of assets, liabilities,
contracts, property, and records, as may be necessary to carry out the
provisions of this Act. The unobligated funds of the Commission shall
not be transferred to the Department of Transportation in order to
carry out the transfer of functions under this Act, and the number of
fulltime employee positions within the Department of Transportation
shall not be increased as a result of such transfer of functions.
(c) Joint Planning for Transfer.--The Chairman of the Commission
and the Secretary shall, beginning as soon as practicable after the
date of enactment of this Act, jointly plan for the orderly transfer of
functions under this Act.
(d) Interim Use of Interstate Commerce Commission Personnel.--Prior
to October 1, 1993, and with the consent of the Commission, the
Secretary may use the services of officers, employees, and other
personnel of the Commission under such terms and conditions as will
reasonably facilitate the orderly transfer of functions under this Act.
SEC. 5. SAVINGS PROVISIONS.
(a) In General.--All orders, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges--
(1) which have been issued, made, granted, or allowed to
become effective by any agency or official thereof, or by a
court of competent jurisdiction, in the performance of any
function which is transferred by this Act to the Secretary from
the Commission; and
(2) which are in effect immediately before the transfer of
functions by this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the Secretary or any other duly authorized official, by any court of
competent jurisdiction, or by operation of law.
(b) Continuation of Proceedings.--The transfer of functions by this
Act shall not affect any proceedings, including rulemaking proceedings,
or any application for any license, permit, or certificate, pending
before the Commission immediately before the transfer takes effect.
Such proceedings and applications shall be continued at the Department
of Transportation. Orders shall be issued in such proceedings, and
appeals shall be taken therefrom, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by the Secretary of
Transportation, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
(c) Effect on Pending Civil Actions.--Except as provided in
subsection (e)--
(1) the transfer of any function under this Act shall not
affect any civil action relating to such function which is
commenced prior to the date the transfer takes effect; and
(2) in all such actions, proceedings shall be had, appeals
taken, and judgments rendered, in the same manner and effect as
if this Act had not been enacted.
(d) Nonabatement of Actions.--No action or other proceeding
commenced by or against any officer in that officer's official capacity
as an officer of the Commission shall abate by reason of the transfer
of any function under this Act. No cause of action by or against the
Commission, or by or against any officer thereof in that officer's
official capacity, shall abate by reason of the transfer of any
function under this Act.
(e) Judicial Administrative Provision.--If immediately before the
transfer of functions by this Act the Commission or any officer thereof
in that officer's official capacity is a party to an action relating to
a function transfer by this Act, then such action shall be continued
with the Secretary or other appropriate official of the Department of
Transportation substituted or added as a party.
(f) References.--With respect to any function transferred by this
Act and performed on or after the effective date of the transfer,
reference in any Federal law to the Interstate Commerce Commission or
the Commission (insofar as such term refers to the Interstate Commerce
Commission), or to any officer or office thereof, shall be deemed to
refer to the Department of Transportation, or other official or
component of the Department of Transportation in which such function
vests.
(g) Exercise of Functions by Secretary.--In the exercise of any
function transferred by this Act, the Secretary shall have the same
authority as that vested in the Commission with respect to such
function immediately preceding its transfer, and actions of the
Secretary shall have the same force and effect as when exercised by the
Commission. Orders and actions of the Secretary in the exercise of the
functions transferred under this Act shall be subject to judicial
review to the same extent and in the same manner as if such orders and
actions had been by the Commission in the exercise of such functions
immediately preceding their transfer. Any statutory requirements
relating to notice, hearings, actions upon the record, or
administrative review that apply to any functions transferred by this
Act shall apply to the exercise of such functions by the Secretary.
SEC. 6. REPORT TO CONGRESS.
No later than March 31, 1994, the Secretary shall submit to the
appropriate committees of Congress a report on the functions
transferred from the Commission to the Department of Transportation
under this Act. The report shall include--
(1) an assessment of benefits compared to costs associated
with each of these functions, both with respect to persons
affected directly and to the public generally;
(2) recommendations for the elimination of functions
identified as redundant, or substantially the same as functions
or services which are performed by the Department of
Transportation or other public or private organizations prior
to the transfer of functions under this Act; and
(3) recommendations to modify or eliminate those functions
that do not provide substantial economic or safety benefits to
the general public.
SEC. 7. CONFORMING AMENDMENTS.
(a) Executive Level Pay Rates.--(1) Section 5314 of title 5, United
States Code, is amended by striking ``Chairman, Interstate Commerce
Commission.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking ``Members, Interstate Commerce Commission.''.
(b) Termination of Commission.--Sections 10301 through 10308 of
title 49, United States Code, are repealed.
(c) Effective Date.--The amendments made by this section shall
become effective on October 1, 1993. | Interstate Commerce Efficiency and Safety Improvement Act of 1993 - Transfers all functions of the Interstate Commerce Commission to the Secretary of Transportation. | {"src": "billsum_train", "title": "Interstate Commerce Efficiency and Safety Improvement Act of 1993"} | 1,638 | 27 | 0.548728 | 1.353544 | 0.68308 | 4.083333 | 65.291667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prisoner of War Benefits Act of
2005''.
SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR.
(a) Repeal of Minimum Period of Internment for Presumption of
Service Connection for Certain Diseases.--Subsection (b) of section
1112 of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``; and'' at the end of
subparagraph (A) and inserting a period;
(B) by striking ``a former prisoner of war--'' and
all that follows through ``a disease specified in
paragraph (2)'' and inserting ``a former prisoner of
war, a disease specified in paragraph (2)''; and
(C) by striking subparagraph (B);
(2) in paragraph (3), by striking ``(3) The diseases
specified'' and all that follows through ``the following:'';
and
(3) by redesignating the subparagraphs (A) through (K)
following the matter stricken by paragraph (2) as subparagraphs
(F) through (P), respectively, of paragraph (2).
(b) Additional Diseases Presumed to Be Service Connected.--
Paragraph (2) of section 1112(b) of such title, as amended by
subsection (a)(3), is further amended by adding at the end the
following new subparagraphs:
``(Q) Heart disease.
``(R) Stroke.
``(S) Diabetes (type 2).
``(T) Osteoporosis.''.
(c) Authority for Administrative Determination of Presumption of
Service Connection for Additional Diseases.--
(1) Administrative determination.--Section 1112 of title
38, United States Code, as amended by subsections (a) and (b),
is further amended by adding at the end the following new
subsection:
``(d)(1) Subsection (b) applies with respect to any disease (in
addition to those specified in that subsection) that the Secretary
determines in regulations prescribed under this subsection warrants a
presumption of service-connection by reason of having positive
association with the experience of being a prisoner of war.
``(2)(A) Whenever the Secretary determines, on the basis of sound
medical and scientific evidence, that a positive association exists
between (i) the experience of being a prisoner of war, and (ii) the
occurrence of a disease in humans, the Secretary shall prescribe
regulations providing that a presumption of service connection is
warranted for that disease for the purposes of this section.
``(B) In making determinations for the purpose of this paragraph,
the Secretary shall take into account (i) recommendations received by
the Secretary from the Advisory Committee on Former Prisoners of War
established under section 541 of this title, and (ii) all other sound
medical and scientific information and analyses available to the
Secretary. In evaluating any study for the purpose of making such
determinations, the Secretary shall take into consideration whether the
results are statistically significant, are capable of replication, and
withstand peer review.
``(C) An association between the occurrence of a disease in humans
and the experience of being a prisoner of war shall be considered to be
positive for the purposes of this subsection if the credible evidence
for the association is equal to or outweighs the credible evidence
against the association.
``(3)(A) Not later than 60 days after the date on which the
Secretary receives a recommendation from the Advisory Committee on
Former Prisoners of War that a presumption of service connection be
established under this subsection for any disease, the Secretary shall
determine whether a presumption of service connection under this
subsection is warranted for that disease. If the Secretary determines
that such a presumption is warranted, the Secretary, not later than 60
days after making the determination, shall issue proposed regulations
setting forth the Secretary's determination.
``(B) If the Secretary determines that a presumption of service
connection is not warranted, the Secretary, not later than 60 days
after making the determination, shall publish in the Federal Register a
notice of that determination. The notice shall include an explanation
of the scientific basis for that determination. If the disease already
is included in regulations providing for a presumption of service
connection, the Secretary, not later than 60 days after publication of
the notice of a determination that the presumption is not warranted,
shall issue proposed regulations removing the presumption for the
disease.
``(C) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective on
the date of issuance.
``(4) Whenever a disease is removed from regulations prescribed
under this section--
``(A) a veteran who was awarded compensation for such
disease on the basis of the presumption provided in subsection
(a) before the effective date of the removal shall continue to
be entitled to receive compensation on that basis; and
``(B) a survivor of a veteran who was awarded dependency
and indemnity compensation for the death of a veteran resulting
from such disease on the basis of such presumption shall
continue to be entitled to receive dependency and indemnity
compensation on such basis.
``(5) The Secretary shall carry out this subsection in consultation
with, and after taking into consideration the views of, the Advisory
Committee on Former Prisoners of War established under section 541 of
this title.''.
(2) Conforming Amendment.--Paragraph (1) of section 1112(b) of such
title, as amended by subsection (a), is further amended by inserting
``or prescribed under subsection (d)'' after ``a disease specified in
paragraph (2)''. | Prisoner of War Benefits Act of 2005 - Amends Federal veterans' benefits provisions with respect to former prisoners of war (POW) to repeal the currently required 30-day minimum period of internment prior to the presumption of service connection for certain listed diseases, for purposes of the payment of veterans' disability compensation. Adds the following diseases to the above listed diseases heart disease, stroke, diabetes (type 2), and osteoporosis. Requires: (1) such presumption also with respect to any disease that the Secretary of Veterans Affairs determines warrants such presumption by reason of having a positive association with the experience of being a prisoner of war; and (2) the Secretary to make such a determination within 60 days after a recommendation from the Advisory Committee on Former Prisoners of War that such presumption be established for a non-listed disease. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war."} | 1,309 | 192 | 0.642335 | 1.927394 | 0.728714 | 2.91875 | 7.55 | 0.86875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Seniors Safe From Falls Act
of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One third of older adults over age 65 fall each year.
Falls are the leading cause of injury deaths among individuals
for this population with risk of falling and injury rates
increasingly common with advanced age.
(2) Older adults are hospitalized for fall-related injuries
five times more often than for injuries from other causes.
(3) In 2003, falls among older adults accounted for 12,900
deaths, 1,800,000 emergency department visits, and 421,000
hospitalizations.
(4) In 2003, unintentional falls accounted for more than
62.7 percent of nonfatal injuries for people age 65 or older.
(5) 87 percent of all fractures among older adults are due
to falls.
(6) Among older adults who fall, 20 to 30 percent suffer
moderate to severe injuries such as hip fractures or head
traumas that reduce mobility and independence, increase the
risk of premature death, and lead to serious health problems.
(7) Hospital admissions for hip fractures among the elderly
have increased from 231,000 admissions in 1988 to 338,000 in
1999, with an average hospital stay of one week.
(8) From 2000 to 2040, the number of people age 65 or older
is projected to increase from 34.8 million to 77.2 million.
Given our aging population, by the year 2040, the number of hip
fractures is expected to exceed 500,000.
(9) 25 percent of older adults who sustain hip fractures
remain institutionalized for at least one year and 50 percent
of all older people hospitalized for hip fractures cannot
return home or live independently after their injury, never
returning to their prior level of mobility.
(10) 25 percent of adults age 65 or older who sustain a hip
fracture die within a year.
(11) Annually, more than 64,000 individuals who are over 65
years of age sustain a traumatic brain injury as a result of a
fall.
(12) The total cost of all fall injuries for people age 65
and older was calculated in 1994 to be $27,300,000,000 (in 2004
dollars). By 2020 the cost of fall injuries is expected to
reach $43,800,000,000 annually.
(13) A national approach to reducing falls among older
adults, which focuses on the daily life of senior citizens in
residential, institutional, and community settings, is needed.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended--
(1) by redesignating section 393B (as added by section 1401
of Public Law 106-386) as section 393C and transferring such
section so that it appears after section 393B (as added by
section 1301 of Public Law 106-310); and
(2) by inserting after section 393C (as redesignated and
transferred by paragraph (1)) the following:
``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS.
``(a) Purposes.--The purposes of this section are--
``(1) to develop effective public education strategies in a
national initiative to reduce falls among older adults and to
educate older adults, family members, employers, caregivers,
and others;
``(2) to intensify services and conduct research to
determine the most effective approaches to preventing and
treating falls among older adults;
``(3) to support demonstration projects designed to reduce
the risk of falls and/or injuries caused by falls; and
``(4) to require the Secretary to evaluate the effect of
falls on health care costs, the potential for reducing falls,
and the most effective strategies for reducing health care
costs associated with falls.
``(b) Public Education.--The Secretary shall--
``(1) oversee and support a national education campaign and
award grants, contracts, and cooperative agreements to be
carried out by qualified organizations that focuses on reducing
falls among older adults and preventing repeat falls; and
``(2) award grants, contracts, or cooperative agreements to
qualified organizations, institutions, or consortia of
qualified organizations and institutions, for the purpose of
organizing State-level coalitions of appropriate State and
local agencies, safety, health, senior citizen, city planning,
and other organizations to design and carry out local education
campaigns, focusing on reducing falls among older adults,
preventing repeat falls, and planning and designing safe
communities.
``(c) Professional Education.--The Secretary shall--
``(1) oversee and support a national education campaign and
award grants, contracts, and cooperative agreements to be
carried out by qualified organizations that focuses on
educating physicians, allied health professionals, and related
providers of health and safety services about falls risk,
assessment and prevention; and
``(2) award grants, contracts, or cooperative agreements to
qualified organizations, institutions, or consortia of
qualified organizations and institutions, including nonprofit
safety and aging-related organizations that have a demonstrated
interest in fall prevention, safety and older adult issues, for
the purpose of designing and carrying out State-level
professional education campaigns to educate physicians, allied
health professionals, and related providers of health and
safety services about falls risk, assessment and prevention.
``(d) Research.--The Secretary shall award grants, contracts, or
cooperative agreements to qualified organizations, institutions, or
consortia of qualified organizations and institutions, to--
``(1) conduct and support research to--
``(A) improve the identification of older adults
who have a high risk of falling;
``(B) improve data collection and analysis to
identify fall risk and protective factors;
``(C) design, implement, and evaluate the most
effective fall prevention interventions;
``(D) design, implement, and evaluate medication
management interventions;
``(E) improve strategies that are proven to be
effective in reducing falls by tailoring these
strategies to specific populations of older adults;
``(F) conduct research in order to maximize the
dissemination of proven, effective fall prevention
interventions;
``(G) intensify proven interventions to prevent
falls among older adults;
``(H) improve the diagnosis, treatment, and
rehabilitation of elderly fall victims; and
``(I) assess the risk of falls occurring in various
settings; to include the role of the environment of
falls and the effectiveness of environment
interventions on preventing falls;
``(2) conduct research concerning barriers to the adoption
of proven interventions with respect to the prevention of falls
among older adults;
``(3) conduct research to develop, implement, and evaluate
the most effective approaches to reducing falls among high-risk
older adults living in long-term care facilities;
``(4) evaluate the effectiveness of community programs to
prevent assisted living and nursing home falls among older
adults;
``(5) conduct research to identify effective strategies in
home modifications to promote independent living and a
reduction in falls; and
``(6) identify an existing Web site, or establish a Web
site, to serve as an information clearinghouse and repository
of falls research and activities being conducted by agencies,
organizations, academic institutions and related groups.
``(e) Demonstration Projects.--
``(1) Collaborations between health care providers and
aging services network.--
``(A) In general.--The Secretary shall oversee and
support demonstration projects through grants,
contracts, and cooperative agreements designed to
reduce the risk of falls, or injuries caused by falls,
or both, in frail older adults, emphasizing projects
that foster collaboration between health care providers
and the aging services network, including the
following:
``(i) Demonstrations that target at-risk
older adult populations, particularly those
with functional limitations, to maximize their
independence and quality of life.
``(ii) Demonstrations that assess the
effectiveness of clinical risk factor screening
and management when linked to community-based
programs and services that support behavior
change, activity, and other appropriate
interventions.
``(iii) Demonstrations that assess the
feasibility and effectiveness of offering
evidence-based behavior change and physical
activity interventions that address falls risk
in accessible non-medical settings, with
linkages to health care providers.
``(iv) Private sector and public-private
partnerships to develop technology to prevent
falls among older adults and prevent or reduce
injuries if falls occur, including technology
designed to measure, assess, and rate the
traction of consumer flooring materials, floor
polishes, and walkway agents.
``(B) Evaluations.--The Secretary shall award one
or more grants, contracts, or cooperative agreements to
a qualified research organization or university, as
determined by the Secretary, to conduct evaluations of
the effectiveness of the demonstration projects
described in subparagraph (A).
``(2) Collaborations between health care providers and
residential and institutional settings.--
``(A) In general.--The Secretary shall oversee and
support demonstration projects designed to reduce the
risk of falls, or injuries caused by falls, or both, in
frail older adults, emphasizing projects that foster
collaboration between health care providers and
residential and institutional settings, including the
following:
``(i) A multi-State demonstration project
to implement and evaluate fall prevention
programs using proven intervention strategies
designed for multifamily residential settings
with high concentrations of appropriate at-risk
populations of older adults to maximize
independence and quality of life, particularly
those with functional limitations. For purposes
of carrying out such project, the Secretary
shall award one or more grants, contracts, or
cooperative agreements to one or more qualified
organizations, institutions, or consortia of
qualified organizations and institutions.
``(ii) Demonstration projects that assess
the effectiveness of clinical risk factor
screening and management and that is integrated
with the Aging Services Network of residential
programs and services capable of providing
long-range supportive environments and activity
programs to affect behavior change and falls
risk.
``(iii) Evidence-based, residential and
institutional programs that promote the
adoption of healthy behaviors and enhanced
physical activity level, and that address other
appropriate risk factors to reduce the risk of
falls.
``(iv) Private sector and public-private
partnerships to develop technology to prevent
falls among older adults and prevent or reduce
injuries if falls occur.
``(B) Evaluations.--The Secretary shall award one
or more grants, contracts, or cooperative agreements to
a qualified research organization or university, as
determined by the Secretary, to conduct evaluations of
the effectiveness of the demonstration projects
described in subparagraph (A).
``(f) Study of Effects of Falls on Health Care Costs.--
``(1) In general.--The Secretary shall conduct a review of
the effects of falls on health care costs, the potential for
reducing falls, and the most effective strategies for reducing
health care costs associated with falls.
``(2) Report.--Not later than 36 months after the date of
the enactment of the Keeping Seniors Safe From Falls Act of
2006, the Secretary shall submit to Congress a report
describing the findings of the Secretary in conducting the
review under paragraph (1).
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $35,000,000
for each of the fiscal years 2007 through 2010.''. | Keeping Seniors Safe From Falls Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) oversee and support national education campaigns focusing on reducing falls among older adults, on preventing repeat falls, and on educating health professionals about falls risk, assessment, and prevention; and (2) award grants for local and state education campaigns.
Directs the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention and medication management interventions; (4) tailor strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and (7) assess the risks of falls occurring in various settings.
Requires the Secretary to: (1) conduct research concerning barriers to the adoption of proven interventions, approaches to reduce falls among high-risk older adults living in long-term care facilities, and strategies in home modifications; (2) evaluate the effectiveness of community programs; (3) provide for a website to serve as an information clearinghouse; (4) oversee and support demonstration projects designed to reduce the risk of falls in frail older adults emphasizing projects that foster collaboration between health care providers and the aging services network or residential and institutional settings; and (5) report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing associated health care costs. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to direct the Secretary of Health and Human Services to intensify programs with respect to research and related activities concerning falls among older adults."} | 2,397 | 338 | 0.553264 | 1.570214 | 0.65453 | 4.764012 | 7.073746 | 0.976401 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.
SEC. 2. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(26) Treatment works.--The term `treatment works' has the
meaning given the term in section 212.''.
SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Sewer Overflow Monitoring, Reporting, and Notifications.--
``(1) Definitions.--In this subsection:
``(A) Sanitary sewer overflow.--
``(i) In general.--The term `sanitary sewer
overflow' means an overflow, spill, release, or
diversion of wastewater from a sanitary sewer
system.
``(ii) Inclusions.--The term `sanitary
sewer overflow' includes--
``(I) overflows or releases of
wastewater that reach waters of the
United States;
``(II) overflows or releases of
wastewater in the United States that do
not reach waters of the United States;
and
``(III) wastewater backups into
buildings that are caused by blockages
or flow conditions in a sanitary sewer
other than a building lateral.
``(iii) Exclusions.--The term `sanitary
sewer overflow' does not include--
``(I) municipal combined sewer
overflows or other discharges from the
combined portion of a municipal
combined storm and sanitary sewer
system; or
``(II) wastewater backups into
buildings caused by a blockage or other
malfunction of a building lateral that
is privately owned.
``(B) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(C) Single-family residence.--
``(i) In general.--The term `single-family
residence' means an individual dwelling unit.
``(ii) Inclusions.--The term `single-family
residence' includes--
``(I) an apartment;
``(II) a condominium;
``(III) a house; and
``(IV) a dormitory.
``(iii) Exclusions.--The term `single-
family residence' does not include the common
areas of a multidwelling structure.
``(2) General requirements.--After the last day of the 180-
day period beginning on the date on which regulations are
promulgated under paragraph (5), a permit issued, renewed, or
modified under this section by the Administrator or the State,
as the case may be, for a publicly owned treatment works shall
require, at a minimum, beginning on the date of the issuance,
modification, or renewal, that the owner or operator of the
treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program for monitoring sewer
overflows to alert the owner or operator to the
occurrence of a sewer overflow in a timely manner;
``(B) in the case of a sewer overflow that has the
potential to affect human health, notify the public of
the overflow as soon as practicable but not later than
24 hours after the time the owner or operator knows of
the overflow;
``(C) in the case of a sewer overflow that may
imminently and substantially endanger human health,
notify public health authorities and other affected
entities, such as public water systems, of the overflow
immediately after the owner or operator knows of the
overflow;
``(D) report each sewer overflow on the discharge
monitoring report of the owner or operator to the
Administrator or the State, as the case may be, by
describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, or prevent recurrence of the
overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow; and
``(E) annually report to the Administrator or the
State, as the case may be, the total number of sewer
overflows in a calendar year, including--
``(i) the details of how much wastewater
was released per incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and
any potentially affected receiving waters;
``(iv) the responses taken to clean up the
overflow; and
``(v) the actions taken to mitigate impacts
and avoid further sewer overflows at the site.
``(3) Exceptions.--
``(A) Notification requirements.--The notification
requirements of subparagraphs (B) and (C) of paragraph
(2) shall not apply to a sewer overflow that is a
wastewater backup into a single-family residence.
``(B) Reporting requirements.--The reporting
requirements of subparagraphs (D) and (E) of paragraph
(2) shall not apply to a sewer overflow that is a
release of wastewater that occurs in the course of
maintenance of the treatment works, is managed
consistently with the treatment works' best management
practices, and is intended to prevent sewer overflows.
``(4) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(5) Rulemaking by epa.--Not later than 1 year after the
date of enactment of this subsection, the Administrator, after
providing notice and an opportunity for public comment, shall
promulgate regulations to implement this subsection, including
regulations--
``(A) to establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
may imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
subparagraphs (B) and (C) of paragraph (2); and
``(B) to define the terms `feasible' and `timely'
as those terms apply to paragraph (2)(A), including
site specific conditions.
``(6) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of
promulgation of regulations under paragraph
(5), a State may submit to the Administrator
evidence that the State has in place a legally
enforceable notification program that is
substantially equivalent to the requirements of
subparagraphs (B) and (C) of paragraph (2).
``(ii) Program review and authorization.--
If the evidence submitted by a State under
clause (i) shows the notification program of
the State to be substantially equivalent to the
requirements of subparagraphs (B) and (C) of
paragraph (2), the Administrator shall
authorize the State to carry out that program
instead of those requirements.
``(iii) Factors for determining substantial
equivalency.--In carrying out a review of a
State notification program under clause (ii),
the Administrator shall take into account--
``(I) the scope of sewer overflows
for which notification is required;
``(II) the length of time during
which notification must be made;
``(III) the scope of persons that
must be notified of sewer overflows;
``(IV) the scope of enforcement
activities ensuring that notifications
of sewer overflows are made; and
``(V) such other factors as the
Administrator considers to be
appropriate.
``(B) Review period.--If a State submits evidence
with respect to a notification program under
subparagraph (A)(i) on or before the last day of the
30-day period beginning on the date of promulgation of
regulations under paragraph (5), the requirements of
subparagraphs (B) and (C) of paragraph (2) shall not
begin to apply to a publicly owned treatment works
located in the State until the date on which the
Administrator completes a review of the notification
program under subparagraph (A)(ii).
``(C) Withdrawal of authorization.--If the
Administrator, after conducting a public hearing,
determines that a State is not administering and
enforcing a State notification program authorized under
subparagraph (A)(ii) in accordance with the
requirements of this paragraph, the Administrator shall
so notify the State and, if appropriate corrective
action is not taken within a reasonable time, not to
exceed 90 days, the Administrator shall withdraw
authorization of such program and enforce the
requirements of subparagraphs (B) and (C) of paragraph
(2) with respect to the State.
``(7) Special rules concerning application of notification
requirements.--After the last day of the 30-day period
beginning on the date of promulgation of regulations under
paragraph (5), the requirements of subparagraphs (B) and (C) of
paragraph (2) shall--
``(A) apply to the owner or operator of a publicly
owned treatment works and be subject to enforcement
under section 309; and
``(B) supersede any notification requirements
contained in a permit issued under this section for the
treatment works to the extent that the notification
requirements are less stringent than the notification
requirements of subparagraphs (B) and (C) of paragraph
(2), until such date as a permit is issued, renewed, or
modified under this section for the treatment works in
accordance with paragraph (2).''.
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor for sewer overflows under section 402''.
SEC. 5. EFFECT OF ACT.
Nothing in this Act or an amendment made by this Act--
(1) limits the ability of any State to implement or enforce
a more stringent monitoring or notification standard than the
applicable standard under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); or
(2) authorizes any sewer overflow, or supplants or
diminishes any obligation to comply with any other requirement
under this chapter or any other Federal or State law. | Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public within 24 hours after receiving knowledge of such an overflow in an area where human health is potentially affected; (3) notify public health authorities and other affected entities immediately after receiving knowledge of an overflow that may imminently and substantially endanger human health; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year.
Makes specified exceptions to notification and reporting requirements, respectively, for backups into single-family residences and overflows that occur in the course of treatment works maintenance.
Requires annual summary reports by states to the Administrator.
Defines "sanitary sewer overflow" to mean an overflow, spill, release, or diversion of wastewater from a sanitary sewer system: (1) including wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral; and (2) excluding municipal combined sewer overflows or other discharges from the combined portion of a municipal combined storm and sanitary sewer system and wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned.
Defines "sewer overflow" to mean a sanitary sewer overflow or a municipal combined sewer overflow.
Requires the Administrator to promulgate regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval of state notification programs after issuance of such regulations.
Makes the monitoring systems eligible for state water pollution control revolving fund assistance.
Provides that this Act does not limit a state's ability to implement or enforce a more stringent monitoring or notification standard than the applicable standard under the Clean Water Act. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes."} | 2,554 | 465 | 0.677042 | 1.953153 | 0.754995 | 3.241895 | 5.690773 | 0.882793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Language Education for Success Act
of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Between January 2000 and March 2005, an estimated
7,900,000 new immigrants (documented and undocumented)
relocated to the United States, constituting the biggest wave
of immigrants in American history.
(2) English language learners account for 10.3 percent of
public school enrollment and are concentrated in large and
urban school districts.
(3) Hispanic students from age 16 through age 19 who have
non-proficient English language skills have a dropout rate of
59 percent.
(4) The poverty rate for immigrants and their United
States-born children under age 18 is 57 percent higher than the
percentage for natives and their children.
(5) High poverty school districts, both urban and rural,
are particularly affected by teacher shortages.
(6) The National Center for Education Statistics predicts
that over 2,000,000 new teachers will be needed across the
Nation over the next decade.
SEC. 3. ADDITIONAL LOAN FORGIVENESS FOR TEACHERS OF STUDENTS OF LIMITED
ENGLISH PROFICIENCY.
(a) FFEL Loans.--Section 428J(c)(3) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)(3)) is amended--
(1) in the paragraph heading, by inserting ``, and teachers
of students of limited english proficiency'' before the period;
and
(2) in subparagraph (A)(ii), by striking ``mathematics or
science'' and inserting ``mathematics, science, or students of
limited English proficiency''.
(b) Direct Loans.--Section 460(c)(3) of such Act (20 U.S.C.
1087j(c)(3)) is amended--
(1) in the paragraph heading, by inserting ``, and teachers
of students of limited english proficiency'' before the period;
and
(2) in subparagraph (A)(ii), by striking ``mathematics or
science'' and inserting ``mathematics, science, or students of
limited English proficiency''.
(c) New Borrower Eligibility.--The amendments made by this section
shall apply only with respect to teachers of students of limited
English proficiency who are new borrowers (as such term is defined in
103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after
October 1, 1998.
SEC. 4. STUDY AND REPORT ON EDUCATIONAL ACHIEVEMENT PERFORMANCE
MEASURES OF LIMITED ENGLISH PROFICIENCY CHILDREN.
(a) Study.--
(1) In general.--The Commissioner of the National Center
for Educational Statistics (in this Act referred to as the
``Commissioner'') shall conduct a study to obtain detailed
information about the performance of recipients of funding
under title III of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6801 et seq.) to measure academic progress
of limited English proficiency children and immigrant children
and youth.
(2) Specific topics.--In conducting the study required
under paragraph (1), the Commissioner shall specifically
examine the following questions:
(A) What are the dropout rates of limited English
proficiency children across the Nation, and why do
these children drop?
(B) What are the graduation completion and dropout
rates of all students covered by title III of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.)?
(C) What is the academic achievement gap between
Hispanic and non-Hispanic limited English proficiency
children?
(D) Is there a correlation between English
proficiency and graduation rates for limited English
proficiency children?
(E) How does socioeconomic status affect dropout
rates of the limited English proficiency children?
(F) What percentage of limited English proficiency
children attend adult education programs (including
English as a Second Language and General Educational
Development course work) after they drop out? What
percentage of students would attend those programs if
they were universally available?
(3) Deadline.--The Commissioner shall complete the study
required by this subsection not later than 2 years after the
date of enactment of this Act.
(b) Report.--Not later than 60 days after completion of the study
required by subsection (a), the Commissioner shall submit to Congress a
report containing a detailed statement of the findings and conclusions
based upon such study.
SEC. 5. BEST PRACTICES OF STATES IMPLEMENTING PROGRAMS FOR LIMITED
ENGLISH PROFICIENCY STUDENTS.
The Secretary of Education shall compile and make public a list
with descriptions of the instructional programs used in each State for
achieving academic success of limited English proficiency children and
immigrant students. For such list, the Secretary shall assess the cost,
advantages, and risks of the various programs.
SEC. 6. SPRINGBOARD CREDITS.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) is amended by adding at the end the following
new chapter:
``CHAPTER 4--SPRINGBOARD CREDITS
``SEC. 408A. PROGRAM AUTHORITY.
``(a) Grants Authorized.--From the amounts appropriated under
subsection (e), the Secretary is authorized to provide grants to
institutions of higher education to provide foreign language and
teacher preparation instruction to incoming first-year undergraduates
in accordance with the requirements of this section.
``(b) Applications.--Any institution of higher education that seeks
to obtain a grant under this chapter shall submit an application to the
Secretary at such time, in such manner, and containing or accompanied
by such information and assurances as the Secretary may require.
``(c) Eligible Program.--To be eligible to receive a grant under
this chapter, a program of an institution of higher education shall--
``(1) provide, during the months preceding the enrollment
of an incoming first-year student, a program of instruction, on
the campus of that or another institution of higher education,
consisting of both--
``(A) a course in foreign language instruction of 3
credit hours, or an equivalent as determined by the
institution; and
``(B) a course in teacher preparation instruction,
in the education department (or comparable unit) of the
institution, of 3 credit hours, or an equivalent as
determined by the institution; and
``(2) provide, from the amount of the grant received by the
institution, a grant to any such student selected for
participation in the program of not more than $1,500 to cover
the cost of tuition for enrollment in such courses.
``(d) Selection of Grant Recipients.--
``(1) Approval and selection.--The Secretary shall, by
regulation, prescribe procedures for the approval of
applications and the selection of institutions of higher
education for the award of grants under this chapter.
``(2) Notice of program.--Within 90 days after the date of
enactment of this chapter, the Secretary shall--
``(A) publish a concise summary the program under
this chapter on the website of the Department; and
``(B) transmit such summary to each eligible
institution of higher education.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this chapter $60,000,000 for fiscal year 2008
and such sums as may be necessary for each of the 5 succeeding fiscal
years.
``(f) Definition.--For purposes of this section, the term `incoming
first-year student' means an individual who has been accepted for
enrollment by an institution of higher education and who has not
successfully completed the first year of a program of undergraduate
education at that institution.''. | Language Education for Success Act of 2007 - Amends the Higher Education Act of 1965 to provide student loan forgiveness under the Federal Family Education Loan and Direct loan programs to teachers of students of limited English proficiency who have taught for five consecutive complete school years at elementary or secondary schools that serve a high proportion of disadvantaged children.
Directs the Commissioner of the National Center for Educational Statistics to study and report to Congress on the performance of recipients of grants for the language instruction of limited English proficient and immigrant students under the Elementary and Secondary Education Act of 1965 to measure student academic progress.
Directs the Secretary of Education to compile and publicize a list of state instructional programs for such students that assesses the costs and benefits of each program.
Authorizes the Secretary to provide grants under the Pell Grant program to institutions of higher education to provide: (1) foreign language and teacher preparation instruction to incoming first-year undergraduates during the months preceding their enrollment; and (2) scholarships to such students for the costs of such instruction. | {"src": "billsum_train", "title": "To forgive certain loan repayments of teachers of limited English proficiency students, to direct the Commissioner of the National Center for Educational Statistics to study educational achievement performance measures of limited English proficiency children, and for other purposes."} | 1,741 | 211 | 0.52264 | 1.410275 | 0.756556 | 2.695431 | 7.847716 | 0.898477 |
.
(a) In General.--
(1) 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 does
not become law prior to the beginning of such fiscal year, 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
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, pursuant to this
section.
``(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, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to this section
for such preceding fiscal year.
``(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 such fiscal year 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), and
``(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, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(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 providing for such project or activity for such period becomes
law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) 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.
``(g) For purposes of this section `regular appropriation bill'
means any regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C.
638)) making appropriations, otherwise making funds available, or
granting authority, for any of the following categories of 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 Department of 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.''.
(2) 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.''.
(3) The amendments made by this subsection shall apply with
respect to fiscal years beginning after September 30, 1993.
(b) Point of Order Against Continuing Resolutions.--
(1) It shall not be in order in the House of
Representatives or the Senate to consider or to vote on the
question of agreeing to any bill or joint resolution making
continuing appropriations for a fiscal year or any conference
report thereon.
(2) Paragraph (1) may be waived or suspended in the Senate
by a vote of three-fifths of the Members, duly chosen and
sworn.
(3) If the ruling of the presiding officer sustains a point
of order raised pursuant to paragraph (1), a vote of three-
fifths of the Members duly chosen and sworn shall be required
to sustain an appeal of such ruling. Debate on any such appeal
shall be limited to two hours, to be equally divided between,
and controlled by, the majority leader and the minority leader
or their designees. An appeal of any such point of order is not
subject to a motion to table. | Amends Federal law to continue appropriations automatically if a regular appropriations bill covering a project or activity does not become law by the beginning of a fiscal year. Continues appropriations at the funding level of the preceding fiscal year or, if the relevant Act did not become law, in accordance with criteria prescribed in this Act.
Declares it to be out of order in the House of Representatives or in the Senate to consider or to vote on the question of agreeing to any continuing appropriations legislation. Permits a waiver of this restriction in the Senate by a three-fifths vote. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government."} | 1,332 | 138 | 0.483251 | 1.16064 | 0.533195 | 2.445455 | 11.963636 | 0.845455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Claims Backlog Reduction Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are more than 500,000 veterans who have claims
pending with the Department of Veterans Affairs for benefits,
and approximately 100,000 of such claims are over one year old
without resolution.
(2) 37 States have established, over time, a nationwide
system of County Veterans Service Officers, which now includes
more than 2,400 full-time employees and numerous part-time
employees, to assist veterans to file claims with the Veterans
Administration, as well as to provide information on the
various State benefits available to veterans.
(3) The County Veterans Service Officers are an arm of
local government and therefore, the Department of Veterans
Affairs, the various State Veterans Agencies or Departments,
and County Veterans Service Officers should cooperate more
closely, as governmental agencies, and share information so
that all such agencies can better assist the Nation's veterans.
(4) The majority of County Veterans Service Officers are
accredited by the Department of Veterans Affairs, or by the
appropriate State Department of Veterans Affairs, or both, in
addition to being accredited by various veterans' service
organizations.
(5) These County Veterans Service Officers represent a
highly trained and dedicated work force that stands ready to
assist the Department of Veterans Affairs.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``claimant'' means an individual applying for,
or submitting a claim for, any benefit under the laws
administered by the Secretary of Veterans Affairs.
(2) The term ``County Veterans Service Officer'' means any
person employed by or funded by any county, parish, borough, or
territory whose job it is to assist veterans and eligible
dependents in the application for, administration of, or
receipt of benefits under any Federal, State, or county
veterans benefit program.
(3) The term ``injury or illness claim'' means a claim for
benefits that is documented as being service-connected.
(4) The term ``presumptive claim'' means a claim for
benefits that is presumptively connected to a specific tour of
duty or to specific types of military assignment.
(5) The term ``statutory claims'' means those claims for
benefits defined in section 5101 of title 38, United States
Code.
(6) The term ``specific claims'' includes statutory claims,
presumptive claims, and injury or illness claims.
(7) The term ``ready to be rated'' means that there is
sufficient information to evaluate the claimed disability and
to assign a rating based on degree of disability.
(8) The term ``State'' has the meaning given that term in
section 101(20) of title 38, United States Code.
SEC. 4. PILOT PROGRAM TO REDUCE BACKLOG OF VETERANS' CLAIMS.
(a) Pilot Program.--The Secretary of Veterans Affairs shall conduct
a pilot program to reduce the backlog of claims for benefits pending
with the Department of Veterans Affairs.
(b) Scope of Pilot Program.--
(1) Location of program.--The Secretary shall conduct the
pilot program with the County Veterans Services Officers
located in the following States:
(A) The State of California.
(B) The State of Florida.
(C) The State of Ohio.
(D) The State of South Carolina.
(E) The State of Texas.
(2) Expansion of program to other states.--The Secretary
may expand the pilot program to include the County Veterans
Services Officers located in a State not listed in paragraph
(1), upon the request of a County Veterans Services Officer
located in such State.
(3) Duration of program.--The pilot program shall be
conducted during the three-year period beginning on the date of
the enactment of this Act.
(c) Reduction of Backlog of Veterans' Claims.--
(1) Referral of claims to county veterans service
officers.--
(A) Identification of claims backlog.--In
conducting the pilot program, the Secretary of Veterans
Affairs shall identify the backlog of veterans' claims
as of the date of the enactment of this Act and shall
categorize those claims into types of specific claims.
As part of such categorization, the Secretary shall
identify the pending claims that require further
development to be considered ready to be rated.
(B) Referral of certain claims.--The Secretary
shall refer those claims identified under subparagraph
(A) as requiring further development to a County
Veterans Service Officer for such development.
(C) Selection of county veterans service officer.--
In referring a claim under subparagraph (B), the
Secretary shall select a County Veterans Service
Officer for development of such claim based upon the
Officer's geographical proximity to the claimant.
(D) Information required to develop claim.--A claim
referred to a County Veterans Service Officer for
development under the pilot program shall be
accompanied by specification from the Secretary of the
information that is required to develop the claim and
the information that is needed to make the claim ready
to be rated.
(2) Filing of claims with county veterans service
officers.--Claims for benefits under laws administered by the
Secretary of Veterans Affairs may be submitted to County
Veterans Service Officers under the pilot program. Receipt of
such a claim by a County Veterans Service Officer under the
program shall be treated for all purposes as receipt of the
claim by the Secretary of Veterans Affairs.
(d) Development of Claims.--
(1) Development of claims by county veterans service
officer.--When a County Veterans Service Officer receives a
claim referred under subsection (c)(1) or receives a claim
under subsection (c)(2), the officer shall make personal
contact with the claimant, explain the situation, and further
develop the claim, with the permission of the claimant.
(2) County veterans service officer as representative of
claimant.--In developing a claim under this subsection, a
County Veterans Service Officer shall act as the advocate of
the claimant. In the event of a conflict between the claimant
and the Department of Veterans Affairs, the responsibility of
the officer is to represent the claimant.
(3) Authority to fully develop claim.--A County Veterans
Service Officer to whom a claim is referred under subsection
(c)(1) or who receives a claim under subsection (c)(2) shall
have the authority to fully develop the claim and to transmit
the claim to the Secretary of Veterans Affairs when the claim
is ready to be rated.
(4) Procedure.--Once the claim has been fully developed,
the claim shall be transmitted back to the Secretary with the
information developed in accordance with the specification
under subsection (c)(1)(D) and a statement from the County
Veterans Service Officer indicating that the claim is ready to
be rated.
(5) Fully developed claims.--For purposes of this
subsection, a claim shall be considered to be fully developed
when the County Veterans Service Officer has obtained all items
that are necessary and available to the officer to develop the
claim in accordance with the specification under subsection
(c)(1)(D) and all items that the Secretary of Veterans Affairs
has specifically specified to be developed in connection with
the claim.
(6) Cooperation with a veterans service organization.--For
purposes of the pilot program, if a claimant whose claim is
being developed under this section has established a power of
attorney through a veterans service organization, the County
Veterans Service Officer shall work through and in cooperation
with such veterans service organization to develop the claim.
(e) Information Sharing.--
(1) Access to benefits delivery network.--Under the pilot
program, veterans' information contained in the Benefits
Delivery Network of the Department of Veterans Affairs shall be
accessible to County Veterans Service Officers in order to
provide County Veterans Service Officers with online access to
client information contained in the Department of Veterans
Affairs database.
(2) Availability of electronic files.--Subject to the
requirements of subchapter III of Chapter 57 of title 38,
United States Code, the Secretary shall make available to a
County Veterans Service Officer all appropriate electronic
files concerning the claimant for whom the officer is
developing a claim.
(3) Use of information.--Information provided or made
available under this subsection shall be used by County
Veterans Service Officers to develop veterans' claims under the
pilot program and for no other purpose.
(f) Report.--Not later than 180 days after the completion of the
pilot program under this section, the Secretary shall submit to
Congress a report on the program containing the following information:
(1) The original backlog number per State participating in
the program.
(2) The final backlog number per State at the completion of
the program.
(3) The total reduction of the backlog in each State
participating in the program.
(4) The number of claims, per State, referred by the
Department of Veterans Affairs to County Veterans Service
Officers for development.
(5) The number of such claims, per State, returned to the
Department of Veterans Affairs as ready to be rated, after
being referred to a County Veterans Service Officer under
subsection (c)(1).
(6) The number of new claims, per State, filed with a
County Veterans Service Officer under subsection (c)(2),
transmitted to the Department of Veterans Affairs as fully
developed.
SEC. 5. FUNDING.
There are authorized to be appropriated, for each State
participating in the pilot program under section 4, such sums as may be
necessary to carry out the pilot program. | Department of Veterans Affairs Claims Backlog Reduction Act of 2007 - Directs the Secretary of Veterans Affairs to conduct a three-year pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs (VA).
Requires the Secretary to: (1) conduct the pilot program with County Veterans Service Officers in California, Florida, Ohio, South Carolina, and Texas; and (2) refer certain claims requiring further development to such Officers. Requires such Officers to: (1) act as claimant advocates in developing such claims; and (2) have access to client information contained in the VA's Benefits Delivery Network. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to conduct a pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs."} | 2,027 | 136 | 0.556431 | 1.460102 | 0.585344 | 3.435484 | 15.830645 | 0.935484 |
SECTION 1. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC SERVICES.
(a) Increase in Threshold Requirement.--
(1) Subparagraph (B) of section 3121(a)(7) of the Internal
Revenue Code of 1986 (defining wages) is amended by striking
``$50'' and inserting ``$300''.
(2) Subparagraph (B) of section 209(a)(6) of the Social
Security Act is amended by striking ``$50'' and inserting
``$300''.
(3) The second sentence of section 3102(a) of such Code is
amended by striking ``$50'' and inserting ``$300''.
(b) Coordination of Collection of Domestic Service Employment With
Collection of Income Taxes.--
(1) In general.--Chapter 25 of such Code (relating to
general provisions relating to employment taxes) is amended by
adding at the end thereof the following new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the 15th day of the fourth month following the
close of the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(3) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in 1994, the amount referred
to in clause (ii) of section 6654(d)(1)(B) shall be increased
by 90 percent of the amount treated as tax under paragraph (1)
for such taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
``(e) General Regulatory Authority.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry out the
purposes of this section. Such regulations may treat domestic service
employment taxes as taxes imposed by chapter 1 for purposes of
coordinating the assessment and collection of such employment taxes
with the assessment and collection of domestic employers' income taxes.
``(f) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(2) Clerical amendment.--The table of sections for chapter
25 of such Code is amended by adding at the end thereof the
following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1993. | Amends the Internal Revenue Code to raise the threshold (from $50 to $300 a quarter) for paying and withholding social security taxes on wages paid for domestic service in a private home.
Sets forth rules for filing returns with respect to domestic service employment taxes and requires such returns to be made on a calendar year basis.
Subjects such taxes to estimated tax provisions.
Makes filing requirements inapplicable to any employer liable for tax concerning remuneration for services other than domestic service in a private home.
Authorizes the Secretary of the Treasury to enter into agreements with States to collect the State unemployment tax imposed on remuneration for domestic service and transfers such amounts to a State's account in the Unemployment Trust Fund. Treats such taxes as domestic service employment taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to simplify the application of employment taxes in the case of domestic services."} | 1,170 | 170 | 0.587901 | 1.505044 | 0.708102 | 3.108844 | 7.027211 | 0.85034 |
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