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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infection Reduction Labeling Act of
2014''.
SEC. 2. TREATMENT OF SOLID ANTIMICROBIAL COPPER ALLOYS UNDER FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT.
Section 3 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a) is amended by adding at the end the following new
subsection:
``(i) Claims Made for Solid Antimicrobial Copper Alloys.--
``(1) Certain claims authorized.--Notwithstanding any other
provision of this Act, solid antimicrobial copper alloys, and
products made from such alloys, may be marketed, distributed,
or sold with labeling making claims regarding the microbial
reduction or infection control efficacy of the alloys if the
claims are consistent with the results of--
``(A) federally-funded clinical trials finding
greater than 25 percent reductions in infection rate or
50 percent reductions in microbial burden; or
``(B) federally-funded clinical trials finding
statistically significant reductions in infection rate
or microbial burden.
``(2) Submission or review of efficacy data waived.--The
registration of solid antimicrobial copper alloys under this
section shall not require submission or review of efficacy data
related to claims consistent with the results of the clinical
trials described in paragraph (1).
``(3) Consistency of claims with agency-registered product
label.--
``(A) In general.--Claims described in paragraph
(1) shall be consistent with the product label
registered under this section.
``(B) Process for modification of labeling.--In
lieu of the notification process under subsection
(c)(9), registration of a solid antimicrobial copper
alloy may be modified to ensure the consistency of
claims described in paragraph (1) with the product
labeling pursuant to the following process:
``(i) The registrant shall submit a
notification identifying the proposed claims
that are consistent with the results of the
clinical trials described in paragraph (1), and
include a copy of the proposed amended product
label.
``(ii) Within 30 days after receipt of such
a notification, the Administrator shall--
``(I) notify the registrant in
writing if the Administrator objects to
any of the proposed claims as not
consistent with the results of the
clinical trials described in paragraph
(1); and
``(II) state the reasons why.
``(iii) A registrant may file a response to
any such objection not later than 30 days after
the registrant's receipt of the objection.
``(iv) After receipt and consideration of
any such response, the Administrator shall
issue a decision within 30 days.
``(v) A decision under clause (iv) shall be
considered to be a final agency action.
``(vi) A registrant may distribute or sell
a solid antimicrobial copper alloy product with
the claims described in paragraph (1) after 60
days of submission of the notification
described in this subparagraph, unless the
Administrator issues an objection as described
in this subparagraph.
``(4) Definition.--In this subsection, the term `solid
antimicrobial copper alloy' means a solid copper alloy that--
``(A) is registered under this section;
``(B) is listed under Environmental Protection
Agency registration number 82012-1, 82012-2, 82012-3,
82012-4, 82012-5, or 82012-6, or is otherwise
identified by a Unified Numbering System code in an
Environmental Protection Agency registration;
``(C) has a copper content of not less than 60
weight percent; and
``(D) has a content of not more than 0.1 weight
percent of each of the following: lead, chromium, and
arsenic.''.
SEC. 3. TREATMENT OF SOLID ANTIMICROBIAL COPPER ALLOYS UNDER FEDERAL
FOOD, DRUG, AND COSMETIC ACT.
Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 569C of such Act (21 U.S.C.
360bbb-8c) the following:
``SEC. 569D. SOLID ANTIMICROBIAL COPPER ALLOYS.
``(a) Exclusion From Treatment as Drug or Device.--A product that
is made from solid antimicrobial copper alloy and has labeling making a
claim regarding the microbial reduction or infection control efficacy
of the alloy, consistent with the results of federally-funded clinical
trials, shall not, by virtue of such claim--
``(1) be treated as a drug or device, or as a combination
thereof, for purposes of this Act; or
``(2) otherwise be subject to regulation by the Food and
Drug Administration.
``(b) Definition.--In this section, the term `solid antimicrobial
copper alloy' means a solid copper alloy that--
``(1) is listed under Environmental Protection Agency
registration number 82012-1, 82012-2, 82012-3, 82012-4, 82012-
5, or 82012-6, or is otherwise identified by a Unified
Numbering System code in an Environmental Protection Agency
registration;
``(2) has a copper content of not less than 60 weight
percent; and
``(3) has a content of not more than 0.1 weight percent of
each of the following: lead, chromium, and arsenic.''. | Infection Reduction Labeling Act of 2014 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to authorize solid antimicrobial copper alloys, and products made from such alloys, to be marketed, distributed, or sold with labels about their infection reduction and control efficacy if the antimicrobial claims made on the label are consistent with the results of federally-funded clinical trials finding: (1) greater than 25% reductions in infection rate or 50% reductions in microbial burden, or (2) statistically significant reductions in infection rate or microbial burden. Waives alloys from requirements to submit or review efficacy data related to the antimicrobial claims if the claims are consistent with the results of the trials. Sets forth an alternative process to modify the labeling of an alloy. Amends the Federal Food, Drug, and Cosmetic Act to exclude a product that is made from the alloy and has the antimicrobial labeling from regulation and treatment as a drug or device . | {"src": "billsum_train", "title": "Infection Reduction Labeling Act of 2014"} | 1,251 | 226 | 0.750629 | 2.195655 | 0.866742 | 3.361111 | 6.1 | 0.905556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11 Family Humanitarian
Relief and Patriotism Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
TERRORISM.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date on which the Secretary promulgates
final regulations to implement this section; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described
in subsection (b) who is applying for adjustment of
status under this section--
(i) the provisions of section 241(a)(5) of
the Immigration and Nationality Act (8 U.S.C.
1231(a)(5)) shall not apply; and
(ii) the Secretary of Homeland Security may
grant the alien a waiver on the grounds of
inadmissibility under subparagraphs (A) and (C)
of section 212(a)(9) of such Act (8 U.S.C.
1182(a)(9)).
(B) Standards.--In granting waivers under
subparagraph (A)(ii), the Secretary shall use standards
used in granting consent under subparagraphs (A)(iii)
and (C)(ii) of such section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the
United States who has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the
United States under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of
status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such
order.
(C) Effect of decision.--If the Secretary of
Homeland Security grants a request under subparagraph
(A), the Secretary shall cancel the order. If the
Secretary renders a final administrative decision to
deny the request, the order shall be effective and
enforceable to the same extent as if the application
had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) on such date; and
(B) died as a direct result of a specified
terrorist activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
establish, by regulation, a process by which an alien subject
to a final order of removal may seek a stay of such order based
on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary of Homeland Security shall not order
any alien to be removed from the United States, if the alien is
in removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
where the Secretary has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
TERRORISM.
(a) In General.--Subject to the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
Secretary of Homeland Security shall, under such section 240A, cancel
the removal of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien described in subsection (b), if the
alien applies for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as a
direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
removal to seek a stay of such order based on the filing of an
application under subsection (a).
(2) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for cancellation of
removal under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Motions to Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an aggravated
felony (as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has
become eligible for cancellation of removal as a result of the
enactment of this section may file 1 motion to reopen removal
proceedings to apply for such relief.
(2) Filing period.--The Secretary of Homeland Security
shall designate a specific time period in which all such
motions to reopen are required to be filed. The period shall
begin not later than 60 days after the date of enactment of
this Act and shall extend for a period not to exceed 240 days.
SEC. 4. EXCEPTIONS.
Notwithstanding any other provision of this Act, an alien may not
be provided relief under this Act if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any individual
culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).
SEC. 5. EVIDENCE OF DEATH.
For purposes of this Act, the Secretary of Homeland Security shall
use the standards established under section 426 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (115
Stat. 362) in determining whether death occurred as a direct result of
a specified terrorist activity.
SEC. 6. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
other than the definitions applicable exclusively to title III of such
Act, shall apply in the administration of this Act.
(b) Specified Terrorist Activity.--For purposes of this Act, the
term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001. | September 11 Family Humanitarian Relief and Patriotism Act - Provides permanent resident status adjustment for a requesting alien who was on September 10, 2001, the wife, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States.
Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment.
Provides for cancellation of removal and permanent resident status adjustment for a requesting alien who was: (1) on September 10, 2001, the wife, child, or dependent son or daughter of an alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of the September 11th Victim Compensation Fund of 2001.
Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien. | {"src": "billsum_train", "title": "A bill to provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11, 2001, terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence, and for other purposes."} | 2,126 | 237 | 0.573314 | 1.617954 | 0.810246 | 3.623256 | 8.4 | 0.916279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Blue Ribbon Commission on
Chesapeake Bay Nutrient Pollution Control Financing Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a commission to oversee
development of a comprehensive plan to--
(1) remove the Chesapeake Bay from the Environmental
Protection Agency listing of impaired waterways by the year
2010;
(2) reduce the sediment and nutrient loadings to the
Chesapeake Bay to meet the water quality goals of the
Chesapeake 2000 Agreement;
(3)(A) identify the availability of Federal, state, and
local financial resources to achieve the reduction of sediment
and nutrient loadings to the Chesapeake Bay; and
(B) recommend the allocation of those financial resources;
and
(4) identify the private and public partnerships that may
be established to provide resources to the effort to reduce
sediment and nutrient loadings to the Chesapeake Bay.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a commission to be known as the
``Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution
Control Financing'' (referred to in this Act as the ``Commission'').
(b) Membership.--
(1) Members.--The Commission shall be composed of 21
members, including--
(A) each of the signatories to the Chesapeake Bay
Agreement;
(B) each of the governors of the States of
Delaware, New York, and West Virginia or their
designees; and
(C) not later than 60 days after the date of
enactment of this Act, 12 members appointed by the
Administrator of the Environmental Protection Agency,
in consultation with the other members of the Executive
Council of the Chesapeake Bay program, that--
(i) include at least 3 members representing
local governments in Maryland, Pennsylvania,
and Virginia;
(ii) include, from the Chesapeake Bay
watershed, at least--
(I) 1 member from an academic,
technical, or scientific institution;
(II) 1 member from the business
community;
(III) 1 member from the
agricultural community; and
(IV) 1 member from environmental
organizations; and
(iii) are balanced by area of expertise and
balanced geographically, to the extent
consistent with maintaining the highest level
of expertise on the Commission.
(2) Chairperson.--The members of the Commission shall elect
a chairperson from among the members of the Commission.
(c) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson.
(2) Public meetings.--Any meetings of the Commission shall
be open to the public.
(3) Notice.--Notice of each meeting of the Commission shall
be published in media outlets of the Chesapeake Bay watershed
area in advance of the meeting.
(4) Recordkeeping.--Minutes of any meetings of the
Commission shall be kept by the Commission.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(6) Required meetings.--The Commission shall hold not less
than 1 meeting in each of--
(A) Virginia;
(B) Maryland; and
(C) Pennsylvania.
SEC. 4. DUTIES.
(a) In General.--The Commission shall oversee development of a
comprehensive implementation plan to address--
(1) the funding needs for reducing, by not later than 2010,
nutrient pollution loads in the Chesapeake Bay to a level
sufficient to comply with the nutrient and sediment reduction
goals of the Chesapeake 2000 Agreement;
(2) the appropriate responsibilities of the Federal
Government and State and local governments--
(A) in financing--
(i) sewage treatment plant upgrades;
(ii) agricultural and other nonpoint source
runoff controls; and
(iii) urban stormwater management; and
(B) in adopting, or facilitating the adoption of,
an appropriate variety of financial incentives and
regulatory measures to achieve that goal; and
(3) opportunities for enhancing the role of the private
sector in financial support for the restoration of the
Chesapeake Bay, either directly or through public-private
partnerships.
(b) Report.--
(1) In general.--Not later than 1 year after the date on
which the Commission is established, the Commission shall
submit to the President and Congress a report that contains--
(A) a detailed statement of the findings and
conclusions of the Commission, including
recommendations of the Commission for administrative or
legislative actions at the Federal, State, and local
levels that are necessary and expedient to implement
the comprehensive plan described in section 4(a) to
restore the water quality of the Chesapeake Bay; and
(B) a summary of the public comments received in
accordance with the notice in paragraph (2).
(2) Notice and public comment.--Before submitting the
report in paragraph (1), the Commission shall publish in
appropriate publications a notice that a draft report is
available for public review and comment.
SEC. 5. POWERS.
(a) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(b) Multidisciplinary Science and Technical Advisory Panel.--
(1) In general.--To assist the Commission in carrying out
the duties of the Commission under section 4, the Commission
may establish a multidisciplinary science and technical
advisory panel composed of members appointed by the Commission
that are experts in--
(A) the science and technology of--
(i) water quality improvement; or
(ii) sediment and nutrient removal; and
(B) public financing.
(2) Use of best available data.--The science advisory panel
shall ensure that the scientific information considered by the
Commission is based on the best available scientific,
technical, and public financing data.
(c) Contracts.--The Commission may, subject to the availability of
appropriations, enter into such contracts as are necessary to carry out
the duties of the Commission.
(d) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
SEC. 6. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits the final report of the Commission under section
4(b)(1). | Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing Act - Requires the Administrator of the Environmental Protection Agency to establish the Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing. Charges the commission with the duty to oversee development of a comprehensive implementation plan to address: (1) the funding needs for reducing, by not later than 2010, nutrient pollution loads in the Chesapeake Bay to a level sufficient to comply with the nutrient and sediment reduction goals of the Chesapeake 2000 Agreement; (2) the appropriate responsibilities of the Federal Government and State and local governments in financing sewage treatment plant upgrades, nonpoint source runoff controls, and urban stormwater management and in adoption of an appropriate variety of financial incentives and regulatory measures to achieve that reduction goal; and (3) opportunities for enhancing the role of the private sector in financial support for the restoration of the Chesapeake Bay. | {"src": "billsum_train", "title": "A bill to establish the Special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing."} | 1,531 | 210 | 0.657839 | 1.929323 | 0.957 | 6.863095 | 8.380952 | 0.970238 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
State Authorities Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fraud prevention and detection account.
Sec. 3. Education allowances.
Sec. 4. Interference with protective functions.
Sec. 5. Persons excused from payment of fees for execution and issuance
of passports.
Sec. 6. Authority to administratively amend surcharges.
Sec. 7. Extension of privileges and immunities.
Sec. 8. Removal of contracting prohibition.
Sec. 9. Personal services contracting.
Sec. 10. Proliferation interdiction support.
Sec. 11. Safeguarding and elimination of conventional arms.
Sec. 12. Imposition of sanctions to deter the transfer of MANPADS.
Sec. 13. Additional authorities.
SEC. 2. FRAUD PREVENTION AND DETECTION ACCOUNT.
Section 286(v)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(A)) is amended--
(1) in clause (i), by inserting ``or primarily'' after
``exclusively''; and
(2) by amending clause (ii) to read as follows:
``(ii) otherwise to prevent and detect visa fraud,
including primarily fraud by applicants for visas described
in subparagraph (H)(i), (H)(ii), or (L) of section
101(a)(15), in cooperation with the Secretary of Homeland
Security or pursuant to the terms of a memorandum of
understanding or other agreement between the Secretary of
State and the Secretary of Homeland Security; and''.
SEC. 3. EDUCATION ALLOWANCES.
Section 5924(4) of title 5, United States Code, is amended--
(1) in the first sentence of subparagraph (A), by inserting
``United States'' after ``nearest'';
(2) by amending subparagraph (B) to read as follows:
``(B) The travel expenses of dependents of an employee to
and from a secondary or post-secondary educational institution,
not to exceed one annual trip each way for each dependent,
except that an allowance payment under subparagraph (A) may not
be made for a dependent during the 12 months following the
arrival of the dependent at the selected educational
institution under authority contained in this subparagraph.'';
and
(3) by adding at the end the following:
``(D) Allowances provided pursuant to subparagraphs (A) and
(B) may include, at the election of the employee, payment or
reimbursement of the costs incurred to store baggage for the
employee's dependent at or in the vicinity of the dependent's
school during one trip per year by the dependent between the
school and the employee's duty station, except that such
payment or reimbursement may not exceed the cost that the
Government would incur to transport the baggage in connection
with the trip, and such payment or reimbursement shall be in
lieu of transportation of the baggage.''.
SEC. 4. INTERFERENCE WITH PROTECTIVE FUNCTIONS.
(a) Offense.--Chapter 7 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 118. Interference with certain protective functions
``Any person who knowingly and willfully obstructs, resists, or
interferes with a Federal law enforcement agent engaged, within the
United States or the special maritime territorial jurisdiction of the
United States, in the performance of the protective functions
authorized under section 37 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security
Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not
more than 1 year, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``118. Interference with certain protective functions.''.
SEC. 5. PERSONS EXCUSED FROM PAYMENT OF FEES FOR EXECUTION AND ISSUANCE
OF PASSPORTS.
Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 214(a)) is
amended--
(1) by striking ``or from a widow'' and inserting ``from a
widow''; and
(2) by inserting ``; or from an individual or individuals
abroad, returning to the United States, when the Secretary
determines that foregoing the collection of such fee is justified
for humanitarian reasons or for law enforcement purposes'' after
``such member'' the second place it appears.
SEC. 6. AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES.
(a) In General.--Beginning in fiscal year 2007 and thereafter, the
Secretary of State is authorized to amend administratively the amounts
of the surcharges related to consular services in support of enhanced
border security (provided for in the last paragraph under the heading
``diplomatic and consular programs'' under title IV of division B of
the Consolidated Appropriations Act, 2005 (Public Law 108-447)) that
are in addition to the passport and immigrant visa fees in effect on
January 1, 2004.
(b) Requirements.--In carrying out subsection (a) and the provision
of law described in such subsection, the Secretary shall meet the
following requirements:
(1) The amounts of the surcharges shall be reasonably related
to the costs of providing services in connection with the activity
or item for which the surcharges are charged.
(2) The aggregate amount of surcharges collected may not exceed
the aggregate amount obligated and expended for the costs related
to consular services in support of enhanced border security
incurred in connection with the activity or item for which the
surcharges are charged.
(3) A surcharge may not be collected except to the extent the
surcharge will be obligated and expended to pay the costs related
to consular services in support of enhanced border security
incurred in connection with the activity or item for which the
surcharge is charged.
(4) A surcharge shall be available for obligation and
expenditure only to pay the costs related to consular services in
support of enhanced border security incurred in providing services
in connection with the activity or item for which the surcharge is
charged.
SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES.
(a) The African Union.--Section 12 of the International
Organizations Immunities Act (22 U.S.C. 288f-2) is amended--
(1) by inserting ``(a)'' before ``The provisions''; and
(2) by adding at the end the following:
``(b) Under such terms and conditions as the President shall
determine, consistent with the purposes of this title, the President is
authorized to extend, or enter into an agreement to extend, to the
African Union Mission to the United States of America, and to its
members, the privileges and immunities enjoyed by diplomatic missions
accredited to the United States, and by members of such missions,
subject to corresponding conditions and obligations.''.
(b) The Holy See.--Under such terms and conditions as the President
shall determine, the President is authorized to extend, or to enter
into an agreement to extend, to the Permanent Observer Mission of the
Holy See to the United Nations in New York, and to its members, the
privileges and immunities enjoyed by the diplomatic missions of member
states to the United Nations, and their members, subject to
corresponding conditions and obligations.
SEC. 8. REMOVAL OF CONTRACTING PROHIBITION.
Section 406 of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4856) is amended by striking subsection (c).
SEC. 9. PERSONAL SERVICES CONTRACTING.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended--
(1) in subsection (a), by striking ``broadcasters, producers,
and writers'' and inserting ``broadcasters and other broadcasting
specialists''; and
(2) in subsection (c), by striking ``December 31, 2006'' and
inserting ``December 31, 2007''.
SEC. 10. PROLIFERATION INTERDICTION SUPPORT.
(a) Assistance.--Consistent with section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-2), as amended by subsection
(c), the President is authorized to provide assistance to friendly
foreign countries for proliferation detection and interdiction
activities and for developing complementary capabilities.
(b) Report on Existing Proliferation Detection and Interdiction
Assistance.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on proliferation and interdiction assistance.
(2) Content.--The report required under paragraph (1) shall--
(A) specify in detail, including program cost, on a
country-by-country basis, the assistance being provided by the
Department of State to train and equip personnel in friendly
foreign countries in the detection and interdiction of
proliferation-related shipments of weapons of mass destruction,
related materials and means of delivery, and dual-use items of
proliferation concern; and
(B) specify, on an agency-by-agency basis, funding that is
being transferred by the Department of State to other executive
agencies to carry out such programs.
(c) Interdiction Assistance Amendments.--Section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-2) is amended--
(1) in subsection (a)--
(A) by striking ``should ensure that'' and inserting
``shall ensure that, beginning in fiscal year 2007,'';
(B) by striking ``expended'' and inserting ``obligated'';
and
(C) by striking ``that originate from, and are destined
for, other countries'' and inserting ``to non-state actors and
states of proliferation concern''; and
(2) by adding at the end the following new subsections:
``(c) Cooperative Agreements.--In order to promote cooperation
regarding the interdiction of weapons of mass destruction and related
materials and delivery systems, the President is authorized to conclude
agreements, including reciprocal maritime agreements, with other
countries to facilitate effective measures to prevent the
transportation of such items to non-state actors and states of
proliferation concern.
``(d) Determination and Notice to Congress.--The Secretary of State
shall notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing not more than 30 days after making a determination that any
friendly country has been determined to be a country eligible for
priority consideration of any assistance under subsection (a). Such
determination shall set forth the reasons for such determination, and
may be submitted in classified and unclassified form, as necessary.''.
SEC. 11. SAFEGUARDING AND ELIMINATION OF CONVENTIONAL ARMS.
(a) In General.--The Secretary of State is authorized to secure,
remove, or eliminate stocks of man-portable air defense systems
(MANPADS), small arms and light weapons, stockpiled munitions,
abandoned ordnance, and other conventional weapons, including tactical
missile systems (hereafter in this section referred to as ``MANPADS and
other conventional weapons''), as well as related equipment and
facilities, located outside the United States that are determined by
the Secretary to pose a proliferation threat.
(b) Elements.--The activities authorized under subsection (a) may
include the following:
(1) Humanitarian demining activities.
(2) The elimination or securing of MANPADS.
(3) The elimination or securing of other conventional weapons.
(4) Assistance to countries in the safe handling and proper
storage of MANPADS and other conventional weapons.
(5) Cooperative programs with the North Atlantic Treaty
Organization and other international organizations to assist
countries in the safe handling and proper storage or elimination of
MANPADS and other conventional weapons.
(6) The utilization of funds for the elimination or
safeguarding of MANPADS and other conventional weapons.
(7) Activities to secure and safeguard MANPADS and other
conventional weapons.
(8) Actions to ensure that equipment and funds, including
security upgrades at locations for the storage or disposition of
MANPADS and other conventional weapons and related equipment that
are determined by the Secretary of State to pose a proliferation
threat, continue to be used for authorized purposes.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authorities of the Secretary of Defense.
SEC. 12. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS.
(a) Statement of Policy.--Congress declares that it should be the
policy of the United States to hold foreign governments accountable for
knowingly transferring MANPADS to state-sponsors of terrorism or
terrorist organizations.
(b) Determination Relating to Sanctions.--
(1) In general.--If the President determines that a foreign
government knowingly transfers MANPADS to a foreign government
described in paragraph (2) or a terrorist organization, the
President shall--
(A) submit forthwith to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report containing such
determination; and
(B) impose forthwith on the transferring foreign government
the sanctions described in subsection (c).
(2) Foreign government described.--A foreign government
described in this paragraph is a foreign government that the
Secretary of State has determined, for purposes of section 6(j) of
the Export Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control Act,
or any other provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(c) Sanctions Described.--The sanctions referred to in subsection
(b)(1)(B) are the following:
(1) Termination of United States Government assistance to the
transferring foreign government under the Foreign Assistance Act of
1961, except that such termination shall not apply in the case of
humanitarian assistance.
(2) Termination of United States Government--
(A) sales to the transferring foreign government of any
defense articles, defense services, or design and construction
services; and
(B) licenses for the export to the transferring foreign
government of any item on the United States Munitions List.
(3) Termination of all foreign military financing for the
transferring foreign government.
(d) Waiver.--Notwithstanding any other provision of law, sanctions
shall not be imposed on a transferring foreign government under this
section if the President determines and certifies in writing to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate that the
furnishing of the assistance, sales, licensing, or financing that would
otherwise be suspended as a result of the imposition of such sanctions
is important to the national security interests of the United States.
(e) Definitions.--In this section:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export Control
Act.
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export Control
Act.
(3) Design and construction services.--The term ``design and
construction services'' has the meaning given the term in section
47(8) of the Arms Export Control Act.
(4) Foreign government.--The term ``foreign government''
includes any agency or instrumentality of a foreign government.
(5) Manpads.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; or
(B) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a crew
and portable by several individuals.
SEC. 13. ADDITIONAL AUTHORITIES.
(a) War Reserves Stockpile.--
(1) Department of defense appropriations act, 2005.--Section
12001 of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011), is amended--
(A) in subsection (a)(2)(D), by striking ``as of the date
of enactment of this Act,''; and
(B) in subsection (d), by striking ``2'' and inserting
``4''.
(2) Foreign assistance act of 1961.--Section 514(b)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended--
(A) in subparagraph (A)--
(i) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(ii) by striking ``2004 and 2005'' and inserting ``2007
and 2008''; and
(B) in subparagraph (B), by striking ``$100,000,000'' and
inserting ``$200,000,000''.
(3) Effective date.--The amendment made by paragraph (1)(B)
takes effect on August 5, 2006.
(b) Extension of Authority to Provide Loan Guarantees.--Chapter 5
of title I of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11), is amended in the item relating to ``Loan
Guarantees to Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2007'' and inserting ``September 30, 2011''; and
(2) in the second proviso, by striking ``September 30, 2007''
and inserting ``September 30, 2011''
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 9, 2006. The summary of that version is repeated here.)
Department of State Authorities Act of 2006 - (Sec. 2) Amends the Immigration and Nationality Act to permit the use of H-1, H-2, and L-visa fraud prevention fees for other visa fraud prevention in addition to being used primarily for H-1, H-2, and L-visa fraud prevention.
(Sec. 3) Amends civil service law to grant an allowance for an employee's dependents for travel expenses to and from a secondary or post-secondary educational institution, except for the 12 months following the dependent's arrival at the educational institution. Authorizes as part of such allowance a limited payment or reimbursement for the dependent's baggage storage costs incurred during one trip per year between the school and the employee's duty station.
(Sec. 4) Amends federal criminal law to provide that any person who knowingly and willfully obstructs, resists, or interferes with a federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of specified protective functions shall be fined and/or imprisoned for up to one year.
(Sec. 5) Permits passport fee waiver for an individual returning from abroad for humanitarian or law enforcement purposes.
(Sec. 6) Authorizes, as of FY2007, the Secretary of State to administratively amend consular service surcharges related to border security that are in addition to passport and immigrant visa fees in effect as of January 1, 2004. Sets forth surcharge requirements.
(Sec. 7) Amends the International Organizations Immunities Act to authorize the President to extend privileges and immunities to the African Union Mission to the United States of America and to the Permanent Observer Mission of the Holy See to the United Nations in New York.
(Sec. 8) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to repeal the provision making persons doing business with Libya ineligible for contracts awarded under such Act.
(Sec. 9) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 with respect to the International Broadcasting Bureau personal services contracting pilot program to: (1) extend the program through December 31, 2007; and (2) include broadcasting specialists in the program.
(Sec. 10) Amends the Foreign Service Assistance Act of 1961 to authorize the President to provide assistance to friendly foreign countries for (nuclear, chemical, biological, and conventional) proliferation detection and interdiction activities and for developing complementary capabilities. Directs the President to report to the House Committee on International Relations and the Senate Committee on Foreign Relations (Committees) respecting proliferation and interdiction assistance.
Authorizes the President to conclude agreements, including reciprocal maritime agreements, with other countries to prevent the transportation of proliferation-related items to non-state actors and states of proliferation concern.
Directs the Secretary to notify the Committees within 30 days after making a determination that any friendly country is eligible for priority assistance.
(Sec. 11) Authorizes the Secretary to secure, remove, or eliminate stocks of man-portable air defense systems (MANPADS), small arms and light weapons, stockpiled munitions, abandoned ordnance, and other conventional weapons (including tactical missile systems and related equipment and facilities) located outside the United States that pose a proliferation threat.
States that nothing in this section shall be construed to affect the authorities of the Secretary of Defense.
(Sec. 12) Declares that it should be U.S. policy to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations.
States that if the President determines that a foreign government knowingly transfers MANPADS to a foreign government that has repeatedly supported terrorism or to a terrorist organization the President shall: (1) report to the Committees; and (2) impose foreign assistance (other than humanitarian assistance), munitions list export, and defense article and military financing sanctions on the transferring foreign government. Authorizes sanctions waiver for national security purposes.
(Sec. 13) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer to Israel certain war reserves that are stockpiled in Israel for an additional two years (effective on August 5, 2006).
Amends the Foreign Assistance Act of 1961 to increase through FY2008 the fiscal year value of additional defense articles that may be stockpiled in foreign countries, including Israel.
Amends the Emergency Wartime Supplemental Appropriations Act, 2003 to extend loan guarantee authority for Israel through September 30, 2011. | {"src": "billsum_train", "title": "To authorize certain activities by the Department of State, and for other purposes."} | 4,058 | 1,029 | 0.573718 | 1.90758 | 0.611033 | 3.77221 | 4.123007 | 0.911162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fix Housing First Homebuyer Tax
Credit Act''.
SEC. 2. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT.
(a) Elimination of First-Time Homebuyer Requirement.--
(1) In general.--Subsection (a) of section 36 of the
Internal Revenue Code of 1986, as added by section 3011 of the
Housing and Economic Recovery Act of 2008, is amended by
striking ``who is a first-time homebuyer of a principal
residence'' and inserting ``who purchases a principal
residence''.
(2) Conforming amendments.--
(A) Subsection (c) of section 36 of such Code is
amended by striking paragraph (1) and by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (1),
(2), (3), and (4), respectively.
(B) Section 36 of such Code is amended by striking
``first-time homebuyer credit'' in the heading and
inserting ``home purchase credit''.
(C) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 36 and inserting
the following new item:
``Sec. 36. Home purchase credit.''.
(D) Subparagraph (W) of section 26(b)(2) of such
Code is amended by striking ``homebuyer credit'' and
inserting ``home purchase credit''.
(b) Elimination of Recapture Except for Homes Sold Within 3
Years.--Subsection (f) of section 36 of the Internal Revenue Code of
1986, as so added, is amended to read as follows:
``(f) Recapture of Credit in the Case of Certain Dispositions.--
``(1) In general.--In the event that a taxpayer--
``(A) disposes of the principal residence with
respect to which a credit was allowed under subsection
(a), or
``(B) fails to occupy such residence as the
taxpayer's principal residence,
at any time within 36 months after the date on which the
taxpayer purchased such residence, then the tax imposed by this
chapter for the taxable year during which such disposition
occurred or in which the taxpayer failed to occupy the
residence as a principal residence shall be increased by the
amount of such credit.
``(2) Exceptions.--
``(A) Death of taxpayer.--Paragraph (1) shall not
apply to any taxable year ending after the date of the
taxpayer's death.
``(B) Involuntary conversion.--Paragraph (1) shall
not apply in the case of a residence which is
compulsorily or involuntarily converted (within the
meaning of section 1033(a)) if the taxpayer acquires a
new principal residence within the 2-year period
beginning on the date of the disposition or cessation
referred to in such paragraph. Paragraph (1) shall
apply to such new principal residence during the
remainder of the 36-month period described in such
paragraph as if such new principal residence were the
converted residence.
``(C) Transfers between spouses or incident to
divorce.--In the case of a transfer of a residence to
which section 1041(a) applies--
``(i) paragraph (1) shall not apply to such
transfer, and
``(ii) in the case of taxable years ending
after such transfer, paragraph (1) shall apply
to the transferee in the same manner as if such
transferee were the transferor (and shall not
apply to the transferor).
``(D) Relocation of members of the armed forces.--
Paragraph (1) shall not apply in the case of a member
of the Armed Forces of the United States on active duty
who moves pursuant to a military order and incident to
a permanent change of station.
``(3) Joint returns.--In the case of a credit allowed under
subsection (a) with respect to a joint return, half of such
credit shall be treated as having been allowed to each
individual filing such return for purposes of this subsection.
``(4) Return requirement.--If the tax imposed by this
chapter for the taxable year is increased under this
subsection, the taxpayer shall, notwithstanding section 6012,
be required to file a return with respect to the taxes imposed
under this subtitle.''.
(c) Expansion of Application Period.--Subsection (h) of section 36
of the Internal Revenue Code of 1986, as so added, is amended by
striking ``July 1, 2009'' and inserting ``December 31, 2009''.
(d) Election To Treat Purchase in Prior Year.--Subsection (g) of
section 36 of the Internal Revenue Code of 1986, as so added, is
amended by striking ``July 1, 2009'' and inserting ``December 31,
2009''.
(e) Modification of Credit Amount.--
(1) In general.--Subparagraph (A) of section 36(b)(1) of
the Internal Revenue Code of 1986, as so added, is amended by
striking ``$7,500'' and inserting ``the amount that is 3.5
percent of the dollar amount limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)), including any increase in the
limitation for an area determined to be a high-cost area under
such section, with respect to the purchase of the qualified
principal residence''.
(2) Conforming amendments.--Paragraph (1) of section 36(b)
of such Code is amended--
(A) by striking ``$3,750'' in subparagraph (B) and
inserting ``1.75 percent'',
(B) by striking ``$7,500'' in subparagraph (B) and
inserting ``3.5 percent'', and
(C) by striking ``$7,500'' in subparagraph (C) and
inserting ``the amount described in subparagraph (A)''.
(f) Modification of Income Limitation.--Subclause (II) of section
36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is
amended by striking ``$75,000 ($150,000 in the case of a joint
return)'' and inserting ``$125,000 ($250,000 in the case of a joint
return)''.
(g) Availability of Credit for Transfer.--Section 36 of the
Internal Revenue Code of 1986, as so added, is amended by redesignating
subsections (g) and (h), as amended by this section, as subsections (h)
and (i), respectively, and by inserting after subsection (f) the
following new subsection:
``(g) Transfer of Credit.--
``(1) In general.--A taxpayer may transfer all or a portion
of the credit allowable under subsection (a) to 1 or more
persons as payment of any liability of the taxpayer arising out
of--
``(A) the downpayment of any portion of the
purchase price of the principal residence,
``(B) mortgage, flood, and hazard insurance
premiums in connection with the purchase and paid at or
before closing,
``(C) interest on any debt incurred to purchase the
residence,
``(D) State and local real property taxes paid in
connection with the purchase, and
``(E) funding fees paid to the Department of
Veterans Affairs in connection with the purchase.
``(2) Credit transfer mechanism.--
``(A) In general.--Not less than 60 days after the
date of the enactment of this subsection, the Secretary
shall establish and implement a credit transfer
mechanism for purposes of paragraph (1). Such mechanism
shall require the Secretary to--
``(i) certify that the taxpayer is eligible
to receive the credit provided by this section
with respect to the purchase of a principal
residence and that the transferee is eligible
to receive the credit transfer,
``(ii) certify the credit transfer amount
which will be paid to the transferee, and
``(iii) require any transferee that
directly receives the credit transfer amount
from the Secretary to notify the taxpayer
within 14 days of the receipt of such amount.
Any check, certificate, or voucher issued by the
Secretary pursuant to this paragraph shall include the
taxpayer identification number of the taxpayer and the
address of the principal residence being purchased. For
purposes of determining the credit transfer amount
under clause (ii), the Secretary may estimate the
taxpayer's modified adjusted gross income for the
taxable year (as described in subsection (b)(2)) based
on the taxpayer's modified adjusted gross income (as so
described) for the preceding taxable year.
``(B) Timely receipt.--The Secretary shall issue
the credit transfer amount not less than 30 days after
the date of the receipt of an application for a credit
transfer.
``(3) Payment of interest.--
``(A) In general.--Notwithstanding any other
provision of this title, the Secretary shall pay
interest on any amount which is not paid to a person
during the 30-day period described in paragraph (2)(B).
``(B) Amount of interest.--Interest under
subparagraph (A) shall be allowed and paid--
``(i) from the day after the 30-day period
described in paragraph (2)(B) to the date
payment is made, and
``(ii) at the overpayment rate established
under section 6621.
``(C) Exception.--This paragraph shall not apply to
failures to make payments as a result of any natural
disaster or other circumstance beyond the control of
the Secretary.
``(4) Recapture of transfer amount.--If the credit transfer
amount paid to the transferee exceeds the amount of the credit
allowable under subsection (a) to the taxpayer, the taxpayer's
tax imposed by this chapter for the taxable year shall be
increased by the amount of such excess.
``(5) Effect on legal rights and obligations.--Nothing in
this subsection shall be construed to--
``(A) require a lender to complete a loan
transaction before the credit transfer amount has been
transferred to the lender, or
``(B) prevent a lender from altering the terms of a
loan (including the rate, points, fees, and other
costs) due to changes in market conditions or other
factors during the period of time between the
application by the taxpayer for a credit transfer and
the receipt by the lender of the credit transfer
amount.''.
(h) Allowance of Credit for Residences Financed by Proceeds From
State or Local Bonds.--Subsection (d) of section 36 of the Internal
Revenue Code of 1986, as so added, is amended by striking paragraph (2)
and redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(i) Effective Date.--The amendments made by this section shall
apply to residences purchased on or after December 31, 2008, in taxable
years ending on or after such date. | Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement (thus making such credit available to all homebuyers); (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase; (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate; (4) extending the period for purchasing a residence until December 31, 2009; (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns; (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount; (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence; and (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes."} | 2,455 | 250 | 0.588758 | 1.620985 | 0.72483 | 1.69863 | 10.374429 | 0.739726 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Armed Forces Voluntary Immunization and
Health Justice Act of 2005''.
SEC. 2. CONSENT OF SERVICEMEMBER REQUIRED FOR SMALLPOX AND ANTHRAX
IMMUNIZATIONS.
(a) Smallpox Vaccine Immunization Program.--A member of the Armed
Forces may not be required to participate in the smallpox vaccine
immunization program of the Department of Defense. A smallpox
immunization vaccination may not be administered to any such member
without the informed consent of the member.
(b) Anthrax Vaccine Immunization Program.--A member of the Armed
Forces may not be required to participate in the anthrax vaccine
immunization program of the Department of Defense. An anthrax
immunization vaccination may not be administered to any such member
without the informed consent of the member.
SEC. 3. CORRECTION OF RECORDS OF SERVICEMEMBERS PREVIOUSLY PUNISHED FOR
REFUSAL TO TAKE SMALLPOX OR ANTHRAX VACCINE.
(a) Correction.--In the case of a member or former member of the
Armed Forces who before the date of the enactment of this Act was
subject to any form of adverse personnel action as a result of the
refusal of the member or former member (while a member of the Armed
Forces) to take a vaccine covered by section 2, the Secretary
concerned, acting through the appropriate board for the correction of
military records under chapter 79 of title 10, United States Code,
shall, upon application, take such actions as may be necessary to
correct the military records of the member or former member so as to
obviate any adverse consequences of the member or former member's
refusal to take such a vaccine.
(b) Time for Application.--Any period established by law or
regulation for the submission of an application for correction of a
military record shall be treated, for purposes of an application to
make a correction by reason of subsection (a), as running from the date
of the enactment of this Act.
(c) Expediting Consideration of Applications.--The Secretary of
each military department shall take such actions as may be necessary to
expedite consideration of applications for correction of military
records under subsection (a).
(d) Secretary Concerned.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 10,
United States Code.
(e) Annual Report.--(1) The Secretary of Defense shall submit to
the congressional committees specified in paragraph (2) an annual
report on activities under this section. Each such report shall
identify the number of applications received for correction of military
records under this section, the basis for decisions taken on those
applications, and the types of actions taken with respect to those
applications.
(2) The congressional committees referred to in paragraph (1) are
the following:
(A) The Committee on Government Reform, the Committee on
Armed Services, and the Committee on Veterans' Affairs of the
House of Representatives.
(B) The Committee on Governmental Affairs, the Committee on
Armed Services, and the Committee on Veterans' Affairs of the
Senate.
SEC. 4. ASSESSMENT OF CURRENT THREAT OF ANTHRAX AND SMALLPOX ATTACKS.
(a) Reevaluation Required.--The Secretary of Defense shall include
in the report to Congress specified in subsection (b) an assessment of
the current threat of an anthrax attack or a smallpox attack on members
of the Armed Forces. The assessment shall be prepared in consultation
with the head of each element of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))).
(b) Annual Chem-Bio Report.--The report referred to in subsection
(a) is the next annual report submitted to Congress after the date of
the enactment of this Act under section 1703 of the National Defense
Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523), relating to
chemical and biological warfare defense.
SEC. 5. RESEARCH FUNCTIONS OF THE SECRETARY OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall--
(1) carry out an ongoing assessment of the adverse health
effects being reported by members and former members of the
Armed Forces with respect to the smallpox and anthrax vaccines
administered by the Department of Defense;
(2) carry out a research program to determine causal
relationships (if any) between such effects and those vaccines;
and
(3) prepare an estimate of the future cost to the
Department of Veterans Affairs to treat those adverse health
effects, if determined to be service-connected.
SEC. 6. ESTABLISHMENT OF NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH
RESEARCH.
(a) Establishment.--The President shall establish a National Center
for Military Deployment Health Research to coordinate and synthesize
research efforts by Federal departments and agencies relating to the
health effects of military deployments on members of the Armed Forces,
including members of the reserve components.
(b) Criteria.--To the maximum extent practicable, the center shall
be established in a manner consistent with the recommendations of the
Institute of Medicine of the National Academy of Sciences in a report
dated January 1, 1999, titled ``National Center for Military Deployment
Health Research''.
(c) Implementation.--The center shall be established not later than
120 days after the date of the enactment of this Act. | Armed Forces Voluntary Immunization and Health Justice Act of 2005 - Prohibits requiring a member of the Armed Forces to participate in either of the smallpox or anthrax vaccine immunization programs of the Department of Defense. Permits administering either vaccine to any such member without the informed consent of the member.
Requires the correction of the records of servicemembers previously punished for refusing to take either vaccine.
Requires the Secretary of Defense to assess the current threat of an anthrax or smallpox attack on members of the Armed Forces and report the results.
Requires the Secretary of Veterans Affairs to: (1) carry out an ongoing assessment of the adverse health effects being reported by members and former members of the Armed Forces with respect to the smallpox and anthrax vaccines administered by the Department of Defense; and (2) prepare an estimate of the future cost to the Department of Veterans Affairs to treat those adverse health effects, if determined to be service-connected.
Requires the President to establish a National Center for Military Deployment Health Research to coordinate and synthesize research efforts by Federal departments and agencies relating to the health effects of military deployments on members of the Armed Forces, including members of the reserve components. | {"src": "billsum_train", "title": "To prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of servicemembers previously punished for refusing to take these vaccines, and for other purposes."} | 1,264 | 284 | 0.632195 | 1.859571 | 0.732821 | 6.615044 | 4.69469 | 0.933628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Access to
Information Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 1994 Joint Security Commission, convened at the
request of the Secretary of Defense and the Director of the
Central Intelligence Agency stated that ``[t]he classification
system, largely unchanged since the Eisenhower administration
has grown out of control. More information is being classified
and for extended periods of time. Security rules proliferate,
becoming more complex yet remaining unrelated to the threat. .
. . Indeed, the classification system is not trusted on the
inside any more than it is on the outside. Insiders do not
trust it to protect information that needs protection.
Outsiders do not trust it to release information that does not
need protection''.
(2) The Public Interest Declassification Board, notes in
its 2012 report that ``[a]gencies are currently creating
petabytes of classified information annually, which quickly
outpaces the amount of information the Government has
declassified in total in the previous seventeen years since
Executive Order 12958 established the policy of automatic
declassification for 25 year old records. Without dramatic
improvement in the declassification process, the rate at which
classified records are being created will drive an exponential
growth in the archival backlog of classified records awaiting
declassification, and public access to the nation's history
will deteriorate further''.
SEC. 3. DECLASSIFICATION OF INFORMATION WITH SHORT-TERM CLASSIFICATION
SENSITIVITY.
(a) Findings.--Congress makes the following findings:
(1) Certain information, typically at the predecisional,
tactical, or operational level, is classified based on its
sensitivity with respect to a pertinent event. Following the
event, the vast majority of the associated details are no
longer sensitive and no longer need be classified.
(2) This type of time-specific classified information
should be identified and marked at the time of classification
for automatic declassification without further review.
(b) Specification of Information To Be Declassified
Automatically.--
(1) In general.--The heads of Federal agencies with
authority to classify information shall, in consultation with
the Information Security Oversight Office, specify the types of
information with short-lived sensitivity that could be
automatically declassified without further review.
(2) Exclusion from specification.--The types of information
specified pursuant to paragraph (1) shall exclude the
following:
(A) Information on the sources, methods, tactics,
tradecraft, and procedures of members of the Armed
Forces, personnel of the intelligence community, or
other personnel performing associated or similar
security functions or activities for the United States
Government.
(B) Any other information that could endanger the
military, intelligence, diplomatic, or law enforcement
personnel, operations, or capabilities of the United
States.
(3) Report.--The heads of Federal agencies described in
paragraph (1) shall submit to Congress a report setting forth
the following:
(A) The types of information specified under
paragraph (1).
(B) An assessment of the feasibility of
implementing a new classification category for the
types of information specified in that paragraph.
(C) Recommendations, if appropriate, for
legislative action to implement the automatic
declassification of information as described in that
paragraph.
SEC. 4. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER.
(a) In General.--The President shall take appropriate actions to
enhance the authority and capacity of the National Declassification
Center under Executive Order No. 13526, or any successor Executive
order, in order to facilitate, enhance, and advance a government-wide
strategy for the declassification of information.
(b) Required Actions.--The actions taken under subsection (a) shall
include the following:
(1) A requirement that Federal agencies complete the review
of Presidential and Federal records proposed for
declassification, in accordance with priorities established by
the National Declassification Center, within one year of the
start of the declassification process, except that agencies may
complete such review within two years of the start of the
declassification process upon the written approval of the
Director of the National Declassification Center.
(2) A requirement that Federal agencies with authority to
classify information share their declassification guidance with
other such Federal agencies and with the National
Declassification Center.
SEC. 5. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE NATIONAL
DECLASSIFICATION CENTER.
(a) In General.--The Director of the National Declassification
Center shall provide for consultation between the advisory panel to the
National Declassification Center and the public.
(b) Frequency.--Consultations under subsection (a) shall occur not
less frequently than the frequency of the regular meetings of the
advisory panel to the National Declassification Center and, to the
extent practicable, shall occur concurrently with the meetings of the
advisory panel.
SEC. 6. EXTENSION OF PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(50 U.S.C. 3161 note) is amended by striking ``2014'' and inserting
``2018''.
SEC. 7. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE RECORDS.
Federal agencies shall take appropriate actions to identify and
designate historically valuable records as soon as possible after their
creation in order to ensure the preservation and future accessibility
of such documents and records.
SEC. 8. REPORTS ON PILOT PROGRAMS ON IMPROVEMENTS TO THE
DECLASSIFICATION PROCESSES.
(a) Reports.--The heads of Federal agencies that classify
information shall, in consultation with the Director of the National
Declassification Center, submit to Congress reports setting forth
options for various pilot programs to assess the feasibility and
advisability of mechanisms to improve the current declassification
capabilities of such agencies, including updates of software and
procedures relating to declassification of information.
(b) Mechanisms.--In selecting mechanisms to be assessed pursuant to
the pilot programs for purposes of subsection (a), an emphasis shall be
afforded to the selection of current technologies and practices that
could improve current declassification capabilities, including
commercial, off the shelf-technologies and current best practices of
Federal agencies and the private sector.
SEC. 9. REPORTS.
Not later than one year after the date of the enactment of this
Act, the head of each Federal agency that classifies information shall
submit to Congress a report that sets forth the following:
(1) An assessment of feasibility and advisability of
replacing the current classification system of such agency with
a two-tiered system, including an analysis and assessment of
restructuring necessary to align the level of protection with
the level of harm anticipated in the event of unauthorized
release of sensitive information.
(2) If such agency possesses records with classified
Formerly Restricted Data (FRD), an assessment of the
feasibility and advisability of declassifying such records that
have no national security value. | Preserving American Access to Information Act - Directs federal agency heads with authority to classify information to: (1) specify the types of information with short-lived sensitivity that could be automatically declassified without further review, and (2) consult with the Information Security Oversight Office of the National Archives and Records Administration (NARA) in the declassification process. Exempts from such automatic declassification: (1) information on sources, methods, tactics, tradecraft, and procedures of members of the Armed Forces, the intelligence community, and other personnel performing similar security functions; and (2) any other information that could endanger military, intelligence, diplomatic, or law enforcement personnel, operations, or capabilities. Directs the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526 to promote a government-wide strategy for the declassification of information. Requires the Director of the National Declassification Center to provide for consultation between the Center's Advisory panel and the public on a regular basis. Extends authority for the Public Interest Declassification Board until December 31, 2018. Requires federal agencies to identify and designate historically valuable records as soon as possible after their creation to ensure the preservation and future accessibility of such records. Requires federal agency heads that classify information to report to Congress on: (1) options for pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of federal agencies; and (2) the feasibility and advisability of replacing the current agency classification systems and of declassifying records with Formerly Restricted Date (FRD) that have no national security value. | {"src": "billsum_train", "title": "Preserving American Access to Information Act"} | 1,545 | 361 | 0.557048 | 1.776237 | 0.857563 | 4.129032 | 4.46129 | 0.929032 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act of 2005''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Requirements relating to regular compensation.
Sec. 4. Requirements relating to emergency extended unemployment
compensation.
Sec. 5. Payments to States.
Sec. 6. Financing provisions.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State that is a qualified State and that
desires to do so may enter into and participate in an agreement under
this Act with the Secretary. Any State that is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State--
(1) will make payments of regular compensation in
conformance with the requirements of section 3; and
(2) will make payments of emergency extended unemployment
compensation in conformance with the requirements of section 4.
(c) Qualified State.--For purposes of this Act, the term
``qualified State'' means Alabama, Florida, Louisiana, and Mississippi.
SEC. 3. REQUIREMENTS RELATING TO REGULAR COMPENSATION.
(a) In General.--Any agreement under this Act 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 such State were applied with
the modification described in subsection (b).
(b) Modification Described.--
(1) Additional amount.--In the case of an eligible
individual, the amount of regular compensation (including
dependents' allowances) payable for any week of unemployment to
which such agreement applies shall be equal to the amount
determined under the State law (before the application of this
paragraph), plus an additional--
(A) 25 percent, or
(B) $100,
whichever is greater.
(2) Eligible individual.--For purposes of this section, the
term ``eligible individual'' means an individual who--
(A) is receiving regular compensation under the
State law of the State that is a party to the
agreement; and
(B) at any time during the week before the week
that includes August 28, 2005, either held employment
in or resided in an area--
(i) that is within a qualified State; and
(ii) for which the President has declared a
major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) as a result of
Hurricane Katrina.
(c) Nonreduction Rule.--Under the agreement, subsection (b) 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 such State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modification described in subsection (b)) will
be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under such
State law, as in effect on August 28, 2005.
(d) Coordination Rule.--The modification described in subsection
(b) shall also apply in determining the amount of benefits payable
under any Federal law, to any eligible individual, to the extent that
those benefits are determined by reference to regular compensation
payable under the State law of the State involved.
SEC. 4. REQUIREMENTS RELATING TO EMERGENCY EXTENDED UNEMPLOYMENT
COMPENSATION.
(a) In General.--Any agreement under this Act shall provide that
the State agency of the State will, for any weeks of unemployment to
which such agreement applies, make payments of emergency extended
unemployment compensation under this Act to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law, but only if exhaustion
occurs upon or after the close of the week that includes August
28, 2005;
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of any other
country; and
(4) at any time during the week before the week that
includes August 28, 2005, either held employment in or resided
in an area--
(A) that is within a qualified State; and
(B) for which the President has declared a major
disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
as a result of Hurricane Katrina.
(b) Exhaustion of Benefits.--For purposes of subsection (a)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(c) Weekly Benefit Amount, Etc.--For purposes of any agreement
under this Act--
(1) the amount of emergency extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency extended unemployment
compensation and to the payment thereof, except where otherwise
inconsistent with the provisions of this Act or with the
regulations or operating instructions of the Secretary
promulgated to carry out this Act; and
(3) the maximum amount of emergency extended unemployment
compensation payable to any individual for whom an emergency
extended unemployment compensation account is established under
subsection (d) shall not exceed the amount established in such
account for such individual.
(d) Emergency Extended Unemployment Compensation Accounts.--
(1) In general.--Any agreement under this Act shall provide
that the State will establish, for each eligible individual who
files an application for emergency extended unemployment
compensation an emergency extended unemployment compensation
account with respect to such individual's benefit year.
(2) Amount in account.--
(A) In general.--The amount established in an
account under paragraph (1) shall be the amount equal
to 13 times the individual's average weekly benefit
amount for the benefit year.
(B) Weekly benefit amount.--For purposes of this
paragraph, an individual's average weekly benefit
amount for any week is the amount of regular
compensation (including dependents' allowances) under
the State law payable to such individual for such week
for total unemployment.
SEC. 5. PAYMENTS TO STATES.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act the following:
(1) An amount equal to 100 percent of any additional
regular compensation made payable to individuals by such State
by virtue of the modification which described in section 3(b)
and deemed to be in effect with respect to such State pursuant
to section 3(a).
(2) An amount equal to 100 percent of any emergency
extended unemployment compensation paid to individuals by such
State pursuant to such agreement.
(3) An amount equal to 100 percent of any regular
compensation, not otherwise reimbursable under this section,
paid by such State under the State law of such State--
(A) to individuals whose unemployment was a result
of Hurricane Katrina (as determined under criteria
established by the Secretary); and
(B) for any weeks of unemployment to which such
agreement applies.
(b) Determination of Amount.--Sums payable under this section to
any State by reason of such State having an agreement under this Act
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this Act for each
calendar month, reduced or increased (as the case may be) by any amount
by which the Secretary finds that the Secretary's 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.
SEC. 6. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account and the Federal unemployment account of the Unemployment Trust
Fund shall be used, in accordance with succeeding provisions of this
section, for the making of payments to States having agreements entered
into under this Act.
(b) Certification.--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 Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such
certification--
(1) by transfers from the extended unemployment
compensation account of the Unemployment Trust Fund, to the
extent that they relate to amounts described in paragraph (1)
or (2) of section 5(a); and
(2) by transfers from the Federal unemployment account of
the Unemployment Trust Fund, to the extent that they relate to
amounts described in section 5(a)(3).
SEC. 7. DEFINITIONS.
(a) In General.--For purposes of this Act--
(1) the terms ``Secretary'', ``State'', ``State agency'',
``State law'', ``regular compensation'', ``week'', ``benefit
year'', and ``base period'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970;
(2) the terms ``wages'' and ``employment'' have the
respective meanings given such terms under section 3306 of the
Internal Revenue Code of 1986;
(3) the term ``extended unemployment compensation account''
means the account established by section 905(a) of the Social
Security Act;
(4) the term ``Federal unemployment account'' means the
account established by section 904(g) of the Social Security
Act; and
(5) the term ``Unemployment Trust Fund'' means the fund
established by section 904(a) of the Social Security Act.
(b) Special Rule.--Notwithstanding any provision of subsection (a),
in the case of a State entering into an agreement under this Act--
(1) the term ``State law'' shall be considered to refer to
the State law of such State, applied in conformance with the
modification described in section 3(b), subject to section
3(c); and
(2) the term ``regular compensation'' shall be considered
to refer to such compensation, determined under its State law
(applied in the manner described in paragraph (1)),
except as otherwise provided or where the context clearly indicates
otherwise.
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply to weeks of
unemployment--
(1) beginning on or after the first day of the week that
includes August 28, 2005; and
(2) ending before September 1, 2006. | Emergency Unemployment Compensation Act of 2005 - Provides for increased regular unemployment compensation payments or emergency extended unemployment compensation for certain individuals who held employment or resided in an area declared a disaster as a result of Hurricane Katrina in the states of Alabama, Florida, Louisiana, and Mississippi. | {"src": "billsum_train", "title": "To provide for unemployment benefits for victims of Hurricane Katrina."} | 2,561 | 62 | 0.528286 | 1.376867 | 0.277898 | 3.903846 | 47.653846 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cosmetology Tax Fairness and
Compliance Act of 2001''.
SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID
WITH RESPECT TO EMPLOYEE TIPS.
(a) Expansion of Credit to Other Lines of Business.--Paragraph (2)
of section 45B(b) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(2) Application only to certain lines of business.--In
applying paragraph (1), there shall be taken into account only
tips received from customers or clients in connection with--
``(A) the providing, delivering, or serving of food
or beverages for consumption if the tipping of
employees delivering or serving food or beverages by
customers is customary, or
``(B) the providing of any cosmetology service for
customers or clients at a facility licensed to provide
such service if the tipping of employees providing such
service is customary.''
(b) Definition of Cosmetology Service.--Section 45B of such Code is
amended by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively, and by inserting after subsection (b) the following
new subsection:
``(c) Cosmetology Service.--For purposes of this section, the term
`cosmetology service' means--
``(1) hairdressing,
``(2) haircutting,
``(3) manicures and pedicures,
``(4) body waxing, facials, mud packs, wraps, and other
similar skin treatments, and
``(5) any other beauty related service provided at a
facility at which a majority of the services provided (as
determined on the basis of gross revenue) are described in
paragraphs (1) through (4).''
(c) Effective Date.--The amendments made by this section shall
apply to tips received for services performed after December 31, 2001.
SEC. 3. INFORMATION REPORTING AND TAXPAYER EDUCATION FOR PROVIDERS OF
COSMETOLOGY SERVICES.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by inserting after
section 6050S the following new section:
``SEC. 6050T. RETURNS RELATING TO COSMETOLOGY SERVICES AND INFORMATION
TO BE PROVIDED TO COSMETOLOGISTS.
``(a) In General.--Every person (referred to in this section as a
`reporting person') who--
``(1) employs 1 or more cosmetologists to provide any
cosmetology service,
``(2) rents a chair to 1 or more cosmetologists to provide
any cosmetology service on at least 5 calendar days during a
calendar year, or
``(3) in connection with its trade or business or rental
activity, otherwise receives compensation from, or pays
compensation to, 1 or more cosmetologists for the right to
provide cosmetology services to, or for cosmetology services
provided to, third-party patrons,
shall comply with the return requirements of subsection (b) and the
taxpayer education requirements of subsection (c).
``(b) Return Requirements.--The return requirements of this
subsection are met by a reporting person if the requirements of each of
the following paragraphs applicable to such person are met.
``(1) Employees.--In the case of a reporting person who
employs 1 or more cosmetologists to provide cosmetology
services, the requirements of this paragraph are met if such
person meets the requirements of sections 6051 (relating to
receipts for employees) and 6053(b) (relating to tip reporting)
with respect to each such employee.
``(2) Independent contractors.--In the case of a reporting
person who pays compensation to 1 or more cosmetologists (other
than as employees) for cosmetology services provided to third-
party patrons, the requirements of this paragraph are met if
such person meets the applicable requirements of section 6041
(relating to returns filed by persons making payments of $600
or more in the course of a trade or business), section 6041A
(relating to returns to be filed by service-recipients who pay
more than $600 in a calendar year for services from a service
provider), and each other provision of this subpart that may be
applicable to such compensation.
``(3) Chair renters.--
``(A) In general.--In the case of a reporting
person who receives rent or other fees or compensation
from 1 or more cosmetologists for use of a chair or for
rights to provide any cosmetology service at a salon or
other similar facility for more than 5 days in a
calendar year, the requirements of this paragraph are
met if such person--
``(i) makes a return, according to the
forms or regulations prescribed by the
Secretary, setting forth the name, address, and
TIN of each such cosmetologist and the amount
received from each such cosmetologist, and
``(ii) furnishes to each cosmetologist
whose name is required to be set forth on such
return a written statement showing--
``(I) the name, address, and phone
number of the information contact of
the reporting person,
``(II) the amount received from
such cosmetologist, and
``(III) a statement informing such
cosmetologist that (as required by this
section), the reporting person has
advised the Internal Revenue Service
that the cosmetologist provided
cosmetology services during the
calendar year to which the statement
relates.
``(B) Method and time for providing statement.--The
written statement required by clause (ii) of
subparagraph (A) shall be furnished (either in person
or by first-class mail which includes adequate notice
that the statement or information is enclosed) to the
person on or before January 31 of the year following
the calendar year for which the return under clause (i)
of subparagraph (A) is to be made.
``(c) Taxpayer Education Requirements.--In the case of a reporting
person who is required to provide a statement pursuant to subsection
(b), the requirements of this subsection are met if such person
provides to each such cosmetologist annually a publication, as
designated by the Secretary, describing--
``(1) in the case of an employee, the tax and tip reporting
obligations of employees, and
``(2) in the case of a cosmetologist who is not an employee
of the reporting person, the tax obligations of independent
contractors or proprietorships.
The publications shall be furnished either in person or by first-class
mail which includes adequate notice that the publication is enclosed.
``(d) Definitions.--For purposes of this section--
``(1) Cosmetologist.--
``(A) In general.--The term `cosmetologist' means
an individual who provides any cosmetology service.
``(B) Anti-avoidance rule.--The Secretary may by
regulation or ruling expand the term `cosmetologist' to
include any entity or arrangement if the Secretary
determines that entities are being formed to circumvent
the reporting requirements of this section.
``(2) Cosmetology service.--The term `cosmetology service'
has the meaning given to such term by section 45B(c).
``(3) Chair.--The term `chair' includes a chair, booth, or
other furniture or equipment from which an individual provides
a cosmetology service (determined without regard to whether the
cosmetologist is entitled to use a specific chair, booth, or
other similar furniture or equipment or has an exclusive right
to use any such chair, booth, or other similar furniture or
equipment).
``(e) Exceptions for Certain Employees.--Subsection (c) shall not
apply to a reporting person with respect to an employee who is employed
in a capacity for which tipping (or sharing tips) is not customary.''
(b) Conforming Amendments.--
(1) Section 6724(d)(1)(B) of such Code (relating to the
definition of information returns) is amended by redesignating
clauses (xi) through (xvii) as clauses (xii) through (xviii),
respectively and by inserting after clause (x) the following
new clause:
``(xi) section 6050T(a) (relating to
returns by cosmetology service providers).''
(2) Section 6724(d)(2) of such Code is amended--
(A) by striking ``or'' at the end of subparagraph
(Z) and inserting a comma,
(B) by striking the period at the end of
subparagraph (AA) and inserting ``, or'', and
(C) by inserting after subparagraph (AA) the
following new subparagraph:
``(BB) subsections (b)(3)(A)(ii) and (c) of section
6050T (relating to cosmetology service providers) even
if the recipient is not a payee.''
(3) The table of sections for subpart B of part III of
subchapter A of chapter 61 of the Internal Revenue Code of 1986
is amended by adding after section 6050S the following new
item:
``Sec. 6050T. Returns relating to
cosmetology services and
information to be provided to
cosmetologists.''
(c) Effective Date.--The amendments made by this section shall
apply to calendar years after 2001. | Cosmetology Tax Fairness and Compliance Act of 2001 - Amends the Internal Revenue Code, with respect to the credit for the portion of social security taxes paid with respect to employee tips, to make such credit applicable to employers of cosmetologists.Establishes provisions concerning returns relating to cosmetology services employers and information to be provided to cosmetologists. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector."} | 2,167 | 84 | 0.630109 | 1.551126 | 0.734492 | 3.344262 | 30.754098 | 0.885246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Justice Reform Act of 1993''.
SEC. 2. DIVERSITY OF CITIZENSHIP JURISDICTION; AWARD OF ATTORNEYS' FEES
TO PREVAILING PARTY.
(a) Award of Fees.--Section 1332 of title 28, United States Code,
is amended by inserting after subsection (e) the following new
subsection:
``(f)(1) The prevailing party in an action under this section shall
be entitled to attorneys' fees only to the extent that such party
prevails on any position or claim advanced during the action.
Attorneys' fees under this paragraph shall be paid by the nonprevailing
party but shall not exceed the amount of the attorneys' fees of the
nonprevailing party with regard to such position or claim. If the
nonprevailing party receives services under a contingent fee agreement,
the amount of attorneys' fees under this paragraph shall not exceed the
reasonable value of those services.
``(2) In order to receive attorneys' fees under paragraph (1),
counsel of record in any actions under this section shall maintain
accurate, complete records of hours worked on the matter regardless of
the fee arrangement with his or her client.
``(3) The court may, in its discretion, limit the fees recovered
under paragraph (1) to the extent that the court finds special
circumstances that make payment of such fees unjust.
``(4) This subsection shall not apply to any action removed from a
State court under section 1441 of this title, or to any action in which
the United States, any State, or any agency, officer, or employee of
the United States or any State is a party.
``(5) As used in this subsection, the term `prevailing party' means
a party to an action who obtains a favorable final judgment (other than
by settlement), exclusive of interest, on all or a portion of the
claims asserted in the action.''.
(b) Study and Report.--(1) The Director of the Administrative
Office of the United States Courts shall conduct a study regarding the
effect of the requirements of subsection (f) of section 1332 of title
28, United States Code, as added by subsection (a) of this section, on
the caseload of actions brought under such section, which study shall
include--
(A) data on the number of actions, within each judicial
district, in which the nonprevailing party was required to pay
the attorneys' fees of the prevailing party; and
(B) an assessment of the deterrent effect of the
requirements on frivolous or meritless actions.
(2) No later than 4 years after the date of enactment of this Act,
the Director of the Administrative Office of the United States Courts
shall submit a report to the appropriate committees of Congress
containing--
(A) the results of the study described in paragraph (1);
and
(B) recommendations regarding whether the requirements
should be continued or applied with respect to additional
actions.
(c) Repeal.--No later than 5 years after the date of enactment of
this Act, this section and the amendment made by this section shall be
repealed.
SEC. 3. OFFER OF JUDGMENT.
(a) In General.--Part V of title 28, United States Code, is amended
by inserting after chapter 113 the following new chapter:
``CHAPTER 114--PRETRIAL PROVISIONS
``Sec.
``1721. Offer of judgment.
``Sec. 1721. Offer of judgment
``(a)(1) In any civil action filed in a district court, any party
may serve upon any adverse party a written offer to allow judgment to
be entered for the money or property specified in the offer.
``(2) If within 14 days after service of the offer, the adverse
party serves written notice that the offer is accepted, either party
may file the offer and notice of acceptance and the clerk shall enter
judgment.
``(3) An offer not accepted within such 14-day period shall be
deemed withdrawn and evidence thereof is not admissible, except in a
proceeding to determine reasonable attorney fees.
``(4) If the final judgment obtained by the offeree is not more
favorable than the offer made under paragraph (1) which was not
accepted by the offeree, the offeree shall pay the offeror's reasonable
attorney fees incurred after the expiration of the time for accepting
the offer, to the extent necessary to make the offeror whole.
``(5) In no case shall an award of attorney fees under this section
exceed the amount of the judgment obtained. The court may reduce the
award of costs and attorney fees to avoid the imposition of undue
hardship on a party.
``(6) The fact that an offer is made under this section shall not
preclude a subsequent offer.
``(7)(A) Subject to the provisions of subparagraph (B), when the
liability of 1 party has been determined by verdict, order, or
judgment, but the amount or extent of the liability remains to be
determined by further proceedings, any party may make an offer of
judgment, which shall have the same effect as an offer made before
trial.
``(B) The court may shorten the period of time an offeree may have
to accept an offer under subparagraph (A), but in no case shall such
period be less than 7 days.
``(b) A party making an offer shall not be deprived of the benefits
of an offer it makes by an adverse party's subsequent offer, unless the
subsequent offer is more favorable than the judgment obtained.
``(c) If the judgment obtained includes nonmonetary relief, a
determination that it is more favorable to the offeree than was the
offer shall be made only when the terms of the offer included all such
nonmonetary relief.
``(d) This section shall not apply to class or derivative actions
under rules 23, 23.1 and 23.2 of the Federal Rules of Civil Procedure.
``(e)(1) Except as provided under paragraph (2), the provisions of
this section shall not be construed to prohibit an award or reduce the
amount of an award a party may receive under a statute which provides
for the payment of attorney's fees by another party.
``(2) The amount a party may receive under this section may be set
off against the amount of an award made under a statute described in
paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of chapters for
part IV of title 28, United States Code, is amended by inserting after
the item relating to chapter 113 the following:
``114. Pretrial provisions.................................. 1721''.
SEC. 4. PRIOR NOTICE AS A PREREQUISITE OF FILING A CIVIL ACTION IN THE
UNITED STATES DISTRICT COURT.
(a) In General.--Chapter 23 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 483. Prior notice of civil action
``(a)(1) No less than 30 days before filing a civil action in a
court of the United States the claimant intending to file such action
shall transmit written notice to any intended defendant of the specific
claims involved, including the amount of actual damages and expenses
incurred and expected to be incurred. The claimant shall transmit such
notice to any intended defendant at an address reasonably expected to
provide actual notice.
``(2) For purposes of this section, the term `transmit' means to
mail by first class-mail, postage prepaid, or contract for delivery by
any company which physically delivers correspondence as a commercial
service to the public in its regular course of business.
``(3) The claimant shall at the time of filing a civil action, file
in the court a certificate of service evidencing compliance with this
subsection.
``(b) If the applicable statute of limitations for such action
would expire during the period of notice required by subsection (a),
the statute of limitations shall expire on the thirtieth day after the
date on which written notice is transmitted to the intended defendant
or defendants under subsection (a). The parties may by written
agreement extend that 30-day period for an additional period of not to
exceed 90 days.
``(c) The requirements of this section shall not apply--
``(1) in any action to seize or forfeit assets subject to
forfeiture or in any bankruptcy, insolvency, receivership,
conservatorship, or liquidation proceeding;
``(2) if the assets that are the subject of the action or
would satisfy a judgment are subject to flight, dissipation, or
destruction, or if the defendant is subject to flight;
``(3) if a written notice prior to filing an action is
otherwise required by law, or the claimant has made a prior
attempt in writing to settle the claim with the defendant;
``(4) in proceedings to enforce a civil investigative
demand or an administrative summons;
``(5) in any action to foreclose a lien; or
``(6) in any action pertaining to a temporary restraining
order, preliminary injunctive relief, or the fraudulent
conveyance of property, or in any other type of action
involving exigent circumstances that compel immediate resort to
the courts.
``(d) If the district court finds that the requirements of
subsection (a) have not been met by the claimant, and such defect is
asserted by the defendant within 60 days after service of the summons
or complaint upon such defendant, the claim shall be dismissed without
prejudice and the costs of such action, including attorneys' fees,
shall be imposed upon the claimant. Whenever an action is dismissed
under this subsection, the claimant may refile such claim within 60
days after dismissal regardless of any statutory limitations period
if--
``(1) during the 60 days after dismissal, notice is
transmitted under subsection (a); and
``(2) the original action was timely filed in accordance
with subsection (b).''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 23 of title 28, United States Code, is amended by adding at
the end the following:
``483. Prior notice of civil action.''.
SEC. 5. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
(a) Exhaustion of Administrative Remedies.--Section 7 of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In any action brought pursuant to section 1979 of the Revised
Statutes of the United States, by any adult convicted of a crime
confined in any jail, prison, or other correctional facility, the court
shall continue such case for a period not to exceed 180 days in order
to require exhaustion of such plain, speedy, and effective
administrative remedies as are available.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting immediately after ``(b)'' the
following:
``(1) Upon the request of a State or local corrections agency, the
Attorney General of the United States shall provide the agency with
technical advice and assistance in establishing plain, speedy, and
effective administrative remedies for inmate grievances.''.
(b) Proceedings in Forma Pauperis.--Section 1915(d) of title 28,
United States Code, is amended to read as follows:
``(d) The court may request an attorney to represent any such
person unable to employ counsel and may dismiss the case if the
allegation of poverty is untrue, or if satisfied that the action fails
to state a claim upon which relief can be granted or is frivolous or
malicious.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act.
SEC. 6. EXPERT WITNESSES.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1828 the following new section:
``Sec. 1829. Multiple expert witnesses
``In any civil action filed in a district court, the court shall
not permit opinion evidence on the same issue from more than 1 expert
witness for each party, except upon a showing of good cause.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1828 the following new section:
``1829. Multiple expert witnesses.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or the amendments made by this Act or
the application of any provision or amendment to any person or
circumstance is held invalid, the remainder of this Act and such
amendments and the application of such provision and amendments to any
other person or circumstance shall not be affected by that
invalidation.
SEC. 8. EFFECTIVE DATE.
Except as expressly provided otherwise, this Act and the amendments
made by this Act shall become effective 90 days after the date of the
enactment of this Act. This Act shall not apply to any action or
proceeding commenced before such effective date. | Civil Justice Reform Act of 1993 - Amends the Federal judicial code to entitle the prevailing party in a diversity action to attorney's fees only to the extent that such party prevails on any position or claim advanced during the action. Requires the Director of the Administrative Office of the United States Courts to study and report to the Congress on the caseloads of such diversity actions and the awarding of attorney's fees therein. Repeals such entitlement five years after the enactment of this Act.
Outlines provisions under which any party to a civil action filed in a district court may serve upon, and have accepted by, any adverse party a written offer to allow judgment to be entered for the money or property specified in the offer. Requires such offer to be accepted by the adverse party within 14 days or to be considered withdrawn.
Requires a claimant, at least 30 days before filing suit in a civil action brought in a U.S. district court, to transmit written notice to any intended defendant at an address reasonably calculated to provide actual notice. Directs the claimant, at the commencement of the action, to file in such court a certificate of service evidencing compliance with such provision. Provides for a 30-day extension of any applicable statute of limitations that would expire during the period of such notice. Makes such provision inapplicable under specified circumstances.
Amends the Civil Rights of Institutionalized Persons Act to provide that, in actions brought by any adult convicted of a crime and confined in any jail, prison, or other correctional facility, the court shall continue such case for up to 180 days in order to require the exhaustion of remedies. (Current law calls for a 90-day extension if the court believes it to be appropriate and in the interests of justice.)
Requires the Attorney General, upon the request of a State or local correctional facility, to provide technical advice and assistance in establishing plain, speedy, and effective administrative remedies for inmate grievances.
Prohibits the district court in a civil action from permitting opinion evidence on the same issue from more than one expert witness for each party, except upon a showing of good cause. | {"src": "billsum_train", "title": "Civil Justice Reform Act of 1993"} | 2,922 | 490 | 0.502752 | 1.746017 | 0.71971 | 4.830918 | 6.700483 | 0.908213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cargo Theft Prevention Act''.
SEC. 2. CARGO THEFT DATA COLLECTION.
(a) In General.--The Attorney General shall, within 18 months of
enactment of this Act, issue regulations to--
(1) allow for the reporting of cargo theft offenses to the
Attorney General by a carrier, facility, or cargo owner
promptly after such carrier, facility, or cargo owner becomes
aware of the offense, with such reports to contain information
regarding the offense as specified in regulations, including
the origin and destination of the shipment, the commodities
stolen, the time and location of the theft, and other
information regarding cargo theft, to the extent such
information is available to the reporting party;
(2) create a database to contain the reports made under
paragraph (1) and integrate them, to the extent feasible, with
other noncriminal justice and intelligence data;
(3) prescribe procedures for access to the database created
under paragraph (2) by appropriate Federal, State, and local
governmental agencies, while protecting the privacy of the
information in accordance with other applicable Federal laws;
and
(4) share the results and analysis of the information
collected in paragraphs (1) and (2) with the appropriate
Federal, State, and local government agencies, for the purpose
of assisting in the investigation of cargo theft and in the
arrest and prosecution of the perpetrators of cargo theft.
(b) Creation of Databases.--
(1) In general.--United States Government agencies with
significant regulatory or law enforcement responsibilities with
respect to cargo theft, to the extent feasible, modify their
information databases to ensure the collection and
retrievability of data relating to crime and terrorism and
related activities affecting cargo transportation.
(2) Designation of covered agencies.--The Attorney General,
after consultation with the Secretary of Homeland Security,
shall designate the agencies included within the requirement of
paragraph (1).
(c) Outreach Program.--The Attorney General, in consultation with
the Secretary of the Treasury, the Secretary of Transportation, the
National Maritime Security Advisory Committee established under section
70112 of title 46, United States Code, and appropriate Federal and
State agencies, shall establish an outreach program to--
(1) work with State and local law enforcement officials to
harmonize the reporting of data on cargo theft among the
States, localities and with the United States Government's
reports; and
(2) disseminate cargo theft information to appropriate law
enforcement officials.
(d) Annual Report.--The Attorney General shall submit an annual
report on the implementation of this section to the Committees on the
Judiciary of the Senate and the House of Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General and Transportation Security
Administration of the Department of Homeland Security such sums as are
necessary for each of the fiscal years 2003 through 2007 to carry out
the requirements of this section, such sums to remain available until
expended.
(f) Limitation on Disclosure of Reports and Data.--Any reports made
pursuant to section 1(a)(1) and the data contained in the database
created under section 1(a)(2) shall be exempt from disclosure under the
Freedom of Information Act (5 U.S.C. 552).
SEC. 3. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659 of title
18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after
``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal
container, trailer, container freight station,
warehouse, or freight consolidation facility,'' after
``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``one
year'' and inserting ``3 years''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by the
waybill or other shipping document of the shipment), regardless
of any temporary stop while awaiting transshipment or
otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following:
`` `Vessel' means any watercraft or other contrivance used or
designed for transportation or navigation on, under, or immediately
above water.''.
(2) Transportation and sale of stolen vessels.--Sections
2312 and 2313 of title 18, United States Code, are each amended
by striking ``motor vehicle or aircraft'' and inserting ``motor
vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review the Federal Sentencing Guidelines to determine whether
sentencing enhancement is appropriate for any offense under section 659
or 2311 of title 18, United States Code, as amended by this Act.
(d) Annual Report of Law Enforcement Activities.--By December 31,
2006, and annually thereafter, the Attorney General shall submit to
Congress a report, which shall include an evaluation of law enforcement
activities relating to the investigation and prosecution of offenses
under section 659 of title 18, United States Code, as amended by this
Act. The Attorney General's report shall include an assessment of the
effectiveness of the cargo theft data collection program provided for
in section 1 thereof.
(e) Reporting of Cargo Theft.--The Attorney General shall take the
steps necessary to ensure that reports of cargo theft collected by
Federal, State, and local officials are reflected as a separate
category in the Uniform Crime Reporting System, or any successor
system, by no later than December 31, 2005. | Cargo Theft Prevention Act - Directs the Attorney General to issue regulations to: (1) permit the reporting of cargo theft to the Attorney General by a carrier, facility, or cargo owner promptly after its discovery, to include information on the shipment's origin and destination, the commodities stolen, and the time and location of the theft; (2) create a database to contain the reports and integrate them with non-criminal justice and intelligence data; (3) prescribe procedures for database accessby government agencies and privacy protection; and (4) share the results and analysis with appropriate agencies.
Requires Federal agencies with significant regulatory or law enforcement responsibilities over cargo theft, as designated by the Attorney General, to modify their databases to ensure the collection and retrievability of data relating to crime and terrorism and related activities affecting cargo transportation.
Directs the Attorney General to: (1) establish an outreach program to work with State and local law enforcement officials to harmonize the reporting of data on cargo theft; and (2) disseminate cargo theft information to appropriate law enforcement officials. Limits disclosure of reports and data under the Freedom of Information Act.
Expands the scope of prohibitions against: (1) interstate or foreign shipments by carrier to include trailers and air cargo containers; and (2) the transportation and sale of stolen vehicles to include vessels. | {"src": "billsum_train", "title": "To coordinate cargo theft crime data collection and to amend title 18, United States Code, to make improvements relating to cargo theft prevention, and for other purposes."} | 1,335 | 274 | 0.724979 | 2.017463 | 0.816922 | 4.369231 | 4.765385 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consular Review Act of 1998''.
SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 224 the following new section:
``board of visa appeals
``Sec. 225. (a) Establishment.--The Secretary of State shall
establish within the Department of State a Board of Visa Appeals. The
Board shall be composed of 5 members who shall be appointed by the
Secretary. No more than 2 members of the Board may be consular
officers. The Secretary shall designate a member who shall be
chairperson of the Board.
``(b) Authority and Functions.--The Board shall have authority to
review any discretionary decision of a consular officer with respect to
an alien concerning the denial, revocation, or cancellation of an
immigrant visa and of a nonimmigrant visa or petition and the denial of
an application for waiver of one or more grounds of inadmissibility
under section 212. The review of the Board shall be made upon the
record for decision of the consular officer, including all documents,
notes, and memoranda filed with the consular officer, supplemented by
affidavits and other writings if offered by the consular officer or
alien. Upon a conclusive showing that the decision of the consular
official is contrary to the preponderance of the evidence, the Board
shall have authority to overrule, or remand for further consideration,
the decision of such consular officer.
``(c) Procedure.--Proceedings before the Board shall be in
accordance with such regulations, not inconsistent with this Act and
sections 556 and 557 of title 5, United States Code, as the Secretary
of State shall prescribe. Such regulations shall include requirements
that provide that--
``(1) at the time of any decision of a consular officer
under subsection (b), an alien, attorney of record, and any
interested party defined in subsection (d) shall be given
notice of the availability of the review process and the
necessary steps to request such review;
``(2) a written record of the proceedings and decision of
the consular officer (in accordance with sections 556 and 557)
shall be available to the Board, and on payment of lawfully
prescribed costs, shall be made available to the alien;
``(3) upon receipt of request for review under this
section, the Board shall, within 30 days, notify the consular
officer with respect to whose decision review is sought, and,
upon receipt of such notice, such officer shall promptly (but
in no event more than 30 days after such receipt) forward to
the Board the record of proceeding as described in subsection
(b);
``(4) the appellant shall be given notice, reasonable under
all the circumstances of the time and place at which the Board
proceedings will be held;
``(5) the appellant may be represented (at no expense to
the Government) by such counsel, authorized to practice in such
proceedings, as the appellant shall choose; and
``(6) a request for review under this section must be made
in writing to the Board within 60 days after receipt of notice
of the denial, revocation or cancellation.
``(d) Interested Parties.--The Board shall review each decision
described in subsection (b) upon request of the alien or any of the
following interested parties:
``(1) The petitioner or beneficiary of an immigrant visa
petition approved under section 203(a), 203(b)(1), 203(b)(4),
203(b)(5), 203(c), or the petitioner of an immigrant visa
petition approved under sections 203(b)(2) and 203(b)(3).
``(2) The petitioner of a nonimmigrant visa petition.
``(3) The postsecondary educational institution approved
for the attendance of nonimmigrant students under section
101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice
of the acceptance of the alien in its program.
``(4) A recognized international agency or organization
approved as a program sponsor under section 101(a)(15)(J) which
has provided notice of the acceptance of the alien in its
program.
``(5) A treaty investor or trader individual or
organization in the United States that, under section
101(a)(15)(E), has made an offer of employment to an alien to
perform executive or supervisory management functions.
``(e) Limitation.--A review may not be requested under this section
more than once in any 24 month period.
``(f) Construction.--This section may not be construed to restrict
any right to further administrative or judicial review established
under any other provision of law.
``(g) Fees.--The Secretary of State shall charge, and collect, an
appropriate fee associated with a request to the Board for a review.
Such fee shall be sufficient to cover the cost of the administration of
this section.''.
(b) Effective Dates.--
(1) The amendment made by subsection (a) shall take effect
120 days after the date of the enactment of this Act.
(2) Proposed regulations with respect to the amendment made
by subsection (a) shall be promulgated not later than 30 days
after the date of the enactment of this Act.
(3) Members of the Board of Visa Appeals under section 225
of the Immigration and Nationality Act (as inserted by
subsection (a)) shall be appointed not later than 120 days
after the date of the enactment of this Act.
(c) Technical Amendments.--
(1) Section 222(f) of the Immigration and Nationality Act
(8 U.S.C. 1202(f)) is amended--
(A) by striking ``except that'' and all that
follows up to the period; and
(B) by adding at the end: ``An interested party
under section 225(d) or court shall be permitted to
inspect the record of proceeding as described in
subsections (c)(2) and (c)(3) of section 225.''.
(2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is
amended by striking the ``except'' and inserting ``including''.
(3) The table of contents of such Act is amended by
inserting after the item relating to section 224 the following
new item:
``Sec. 225. Board of Visa Appeals.''. | Consular Review Act of 1998 - Amends the Immigration and Nationality Act to direct the Secretary of State to establish within the Department of State a Board of Visa Appeals to review consular decisions concerning visa applications, revocations, and cancellations. | {"src": "billsum_train", "title": "Consular Review Act of 1998"} | 1,462 | 56 | 0.518172 | 1.273005 | 0.783233 | 4.465116 | 30.302326 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Adult Day Services
Alternative Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) adult day care offers services, including medical care,
rehabilitation therapies, dignified assistance with activities
of daily living, social interaction, and stimulating
activities, to seniors who are frail, physically challenged, or
cognitively impaired;
(2) access to adult day care services provides seniors and
their familial caregivers support that is critical to keeping
the senior in the family home;
(3) more than 22,000,000 families in the United States
serve as caregivers for aging or ailing seniors, nearly 1 in 4
American families, providing close to 80 percent of the care to
individuals requiring long-term care;
(4) nearly 75 percent of those actively providing such care
are women who also maintain other responsibilities, such as
working outside of the home and raising young children;
(5) the average loss of income to these caregivers has been
shown to be $659,130 in wages, pension, and Social Security
benefits;
(6) the loss in productivity in United States businesses
ranges from $11,000,000,000 to $29,000,000,000 annually;
(7) the services offered in adult day care facilities
provide continuity of care and an important sense of community
for both the senior and the caregiver;
(8) there are adult day care centers in every State in the
United States and the District of Columbia;
(9) these centers generally offer transportation, meals,
personal care, and counseling in addition to the medical
services and socialization benefits offered; and
(10) with the need for quality options in how to best care
for our senior population about to dramatically increase with
the aging of the baby boomer generation, the time to address
these issues is now.
SEC. 3. 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 (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 (ww));''.
(2) Substitute adult day care 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:
``Substitute Adult Day Care Services; Adult Day Care Facility
``(ww)(1)(A) The term `substitute adult day care services' means
the items and services described in subparagraph (B) that are furnished
to an individual by an adult day care facility as a part of a plan
under subsection (m) that substitutes 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) Meals.
``(iii) 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 4 and not greater than 12 hours per day.
``(iv) A medication management program (as defined in
subparagraph (C)).
``(C) For purposes of subparagraph (B)(iv), the term `medication
management program' means a program of services, including medicine
screening and patient and health care provider education programs, that
provides services to minimize--
``(i) unnecessary or inappropriate use of prescription
drugs; and
``(ii) adverse events due to unintended prescription drug-
to-drug interactions.
``(2)(A) Except as provided in subparagraphs (B) and (C), 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 directly or under arrangement with a
home health agency;
``(ii) meets such standards established by the Secretary to
ensure quality of care and such other requirements as the
Secretary finds necessary in the interest of the health and
safety of individuals who are furnished services in the
facility;
``(iii) provides the items and services described in
paragraph (1)(B); and
``(iv) meets the requirements of paragraphs (2) through (8)
of subsection (o).
``(B) Notwithstanding subparagraph (A), the term `adult day care
facility' shall include a home health agency in which the items and
services described in clauses (ii) through (iv) of paragraph (1)(B) are
provided--
``(i) by an adult day-care program that is licensed or
certified by a State, or accredited, to furnish such items and
services in the State; and
``(ii) under arrangements with that program made by such
agency.
``(C) 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.
``(D) 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.''.
(b) Payment for Substitute Adult Day Care Services.--Section 1895
of the Social Security Act (42 U.S.C. 1395fff) is amended by adding at
the end the following new subsection:
``(f) Payment Rate for Substitute Adult Day Care Services.--In the
case of home health services consisting of substitute adult day care
services (as defined in section 1861(ww)), the following rules apply:
``(1) 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 period specified by the Secretary.
``(2) The total amount payable for home health services
consisting of substitute adult day care services under such
plan may not exceed 95 percent of the amount estimated to be
payable under paragraph (1) furnished under the plan by a home
health agency.''.
(c) Adjustment in Case of Overutilization of Substitute Adult Day
Care Services.--
(1) Monitoring expenditures.--Beginning with fiscal year
2003, the Secretary of Health and Human Services shall monitor
the expenditures made under the Medicare Program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for
home health services (as defined in section 1861(m) of such Act
(42 U.S.C. 1395x(m))) for the fiscal year, including substitute
adult day care services under paragraph (8) of such section (as
added by subsection (a)), and shall 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 under
the Medicare Program, including such substitute adult day care
services, exceed expenditures that would have been made under
such program for home health services for a year if subsection
(a) had not been enacted, then the Secretary shall adjust the
rate of payment to adult day care facilities so that total
expenditures for home health services under such program 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, 2002. | Medicare Adult Day Services Alternative Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of substitute adult day care services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for coverage of substitute adult day care services under the medicare program."} | 1,885 | 43 | 0.445933 | 1.025267 | 0.354007 | 3.685714 | 50.971429 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro bono Work to Empower and
Represent Act of 2015'' or ``POWER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Extremely high rates of domestic violence, dating
violence, sexual assault, and stalking exist at the local,
State, and national levels and such violence or behavior harms
the most vulnerable members of our society.
(2) According to a study commissioned by the Department of
Justice, nearly 25 percent of women suffer from domestic
violence during their lifetime.
(3) Proactive efforts should be made available in all
forums to provide pro bono legal services and eliminate the
violence that destroys lives and shatters families.
(4) A variety of factors cause domestic violence, dating
violence, sexual assault, and stalking, and a variety of
solutions at the local, State, and national level are necessary
to combat such violence or behavior.
(5) According to the National Network to End Domestic
Violence, which conducted a census including almost 1,700
assistance programs, over the course of 1 day in September
2014, more than 10,000 requests for services, including legal
representation, were not met.
(6) Pro bono assistance can help fill this need by
providing not only legal representation, but also access to
emergency shelter, transportation, and childcare.
(7) Research and studies have demonstrated that the
provision of legal assistance to victims of domestic violence,
dating violence, sexual assault, and stalking reduces the
probability of such violence or behavior reoccurring in the
future and can help survivors move forward.
(8) Legal representation increases the possibility of
successfully obtaining a protective order against an attacker,
preventing further mental and physical injury to a victim and
his or her family, demonstrated by a study that found that 83
percent of victims represented by an attorney were able to
obtain a protective order compared to 32 percent of victims
without an attorney.
(9) The American Bar Association Model Rules include
commentary that ``every lawyer, regardless of professional
prominence or professional workload, has a responsibility to
provide legal services to those unable to pay, and personal
involvement in the problems of the disadvantaged can be one of
the most rewarding experiences in the life of a lawyer''.
(10) As representatives of the Department of Justice, the
duty of United States Attorneys is to present ``equal and
impartial justice to all its citizens,'' which should include,
especially, survivors of domestic violence, dating violence,
sexual assault, and stalking who might not otherwise know how
to seek advice and protection.
(11) As Federal leaders who have knowledge of domestic
violence, dating violence, sexual assault, and stalking in
their localities, United States Attorneys should encourage
lawyers to provide pro bono resources in an effort to help
victims of such violence or behavior to escape the cycle of
abuse.
(12) A dedicated army of pro bono attorneys focused on this
mission will inspire others to devote efforts to this cause and
will raise awareness of the scourge of domestic violence,
dating violence, sexual assault, and stalking throughout the
country.
(13) Communities, by providing awareness of pro bono legal
services and assistance to survivors of domestic violence,
dating violence, sexual assault, and stalking, will empower
those survivors to move forward with their lives.
SEC. 3. U.S. ATTORNEYS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and not less often than once each year thereafter, each
United States Attorney, or his or her designee, for each judicial
district shall lead not less than 1 public event, in partnership with a
State, local, tribal, or territorial domestic violence service provider
or coalition and a State or local volunteer lawyer project, promoting
pro bono legal services as a critical way in which to empower survivors
of domestic violence, dating violence, sexual assault, and stalking and
engage citizens in assisting those survivors.
(b) Districts Containing Indian Tribes and Tribal Organizations.--
During each 3-year period, a United States Attorney, or his or her
designee, for a judicial district that contains an Indian tribe or
tribal organization (as those terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)) shall lead not less than 1 public event promoting pro bono legal
services under subsection (a) in partnership with an Indian tribe or
tribal organization with the intent of increasing the provision of pro
bono legal services for Indian or Alaska Native victims of domestic
violence, dating violence, sexual assault, and stalking.
(c) Requirements.--Each United States Attorney shall--
(1) have discretion on the design, organization, and
implementation of the public events required under subsection
(a); and
(2) in conducting a public event under subsection (a), seek
to maximize the local impact of the event and the provision of
access to high-quality pro bono legal services by survivors of
domestic violence, dating violence, sexual assault, and
stalking.
SEC. 4. REPORTING REQUIREMENTS.
(a) Report to the Attorney General.--Not later than October 30 of
each year, each United States Attorney shall submit to the Attorney
General a report detailing each public event conducted under section 3
during the previous fiscal year.
(b) Report to Congress.--
(1) In general.--Not later than January 1 of each year, the
Attorney General shall submit to Congress a compilation and
summary of each report received under subsection (a) for the
previous fiscal year.
(2) Requirement.--Each comprehensive report submitted under
paragraph (1) shall include an analysis of how each public
event meets the goals set forth in this Act, as well as
suggestions on how to improve future public events.
SEC. 5. FUNDING.
The Department of Justice shall use existing funds to carry out the
requirements of this Act.
Passed the Senate November 10, 2015.
Attest:
JULIE E. ADAMS,
Secretary. | . Pro bono Work to Empower and Represent Act of 2015 or the POWER Act (Sec. 3) This bill requires the U.S. Attorney for a judicial district to lead at least one public event that promotes pro bono legal services as a critical way to: (1) empower survivors of domestic violence, dating violence, sexual assault, and stalking; and (2) engage citizens in assisting those survivors. A special but similar rule applies to districts containing Indian tribes and tribal organizations. Each U.S. Attorney shall: (1) have discretion on the design, organization, and implementation of such public events; and (2) seek to maximize an event's local impact and the access of such survivors to high-quality pro bono legal services. (Sec. 5) The Department of Justice shall use existing funds to carry out this Act. | {"src": "billsum_train", "title": "POWER Act"} | 1,296 | 181 | 0.572673 | 1.889087 | 0.772962 | 4.841463 | 7.695122 | 0.926829 |
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.--
``(1) Prohibition.--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 relating to any pending or prospective
legislative action relating to such issuer if--
``(A) such information was obtained by reason of
such person being a Member or employee of Congress; or
``(B) such information was obtained from a Member
or employee of Congress, and such person knows that the
information was so obtained.
``(2) Disclosure.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any Member or employee of Congress, or any other
person from disclosing material nonpublic information relating
to any pending or prospective legislative action relating to
any issuer if that Member, employee, or other person has reason
to believe that the information will be used to buy or sell the
securities of such issuer based on such information.''.
(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.--
``(1) Prohibition.--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 relating to any pending or prospective
legislative action relating to such commodity if--
``(A) such information was obtained by reason of
such person being a Member or employee of Congress; or
``(B) such information was obtained from a Member
or employee of Congress, and such person knows that the
information was so obtained.
``(2) Disclosure.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any Member or employee of Congress, or any other
person from disclosing material nonpublic information relating
to any pending or prospective legislative action relating to
any commodity if that Member, employee, or other person has
reason to believe that the information will be used to buy or
sell such commodity for future delivery based on such
information.''.
SEC. 3. 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 30 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. 4. 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 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 the formulation,
modification, or adoption of Federal legislation
(including legislative proposals).
``(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 Commodities Futures Trading Commission (CFTC) to prohibit a person from buying or selling securities while in possession of related material nonpublic information regarding legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress; or (2) by reason of being a Member or employee of Congress.
Directs the SEC and the CFTC to prohibit any Member or employee of Congress, or any other person, from disclosing material nonpublic information regarding legislative action relating to any issuer if that Member, employee, or other person has reason to believe that the information will be used to buy or sell the securities of such issuer based on that information.
Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities transactions to 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 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."} | 2,424 | 250 | 0.63554 | 1.754167 | 0.790984 | 4.490909 | 9.868182 | 0.918182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Verification Amendment Act
of 2008''.
SEC. 2. EXTENSION OF PROGRAMS.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking
``11-year period'' and inserting ``16-year period''.
SEC. 3. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2008, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 404 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), including (but not limited to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 404, but only that portion of such
costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the basic pilot
confirmation system established under such section;
(2) provide such funds quarterly in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Office of Inspector
General of the Social Security Administration and the
Department of Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2008, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) shall be deemed in effect on an interim basis for such
fiscal year until such time as an agreement required under subsection
(a) is subsequently reached, except that the terms of such interim
agreement shall be modified by the Director of the Office of Management
and Budget to adjust for inflation and any increase or decrease in the
volume of requests under the basic pilot confirmation system. In any
case in which an interim agreement applies for any fiscal year under
this subsection, the Commissioner and the Secretary shall, not later
than October 1 of such fiscal year, notify the Committee on Ways and
Means, the Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives and the Committee on
Finance, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate of the failure to reach the agreement
required under subsection (a) for such fiscal year. Until such time as
the agreement required under subsection (a) has been reached for such
fiscal year, the Commissioner and the Secretary shall, not later than
the end of each 90-day period after October 1 of such fiscal year,
notify such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an agreement.
SEC. 4. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding erroneous tentative nonconfirmations
under the basic pilot confirmation system established under section
404(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze--
(1) the causes of erroneous tentative nonconfirmations
under the basic pilot confirmation system;
(2) the processes by which such erroneous tentative
nonconfirmations are remedied; and
(3) the effect of such erroneous tentative nonconfirmations
on individuals, employers, and Federal agencies.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit the results of the
study required under subsection (a) to the Committee on Ways and Means
and the Committee on the Judiciary of the House of Representatives and
the Committee on Finance and the Committee on the Judiciary of the
Senate.
SEC. 5. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the United States
House of Representatives and the Senate a report containing the
Comptroller General's analysis of the effects of the basic pilot
program described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small
entities (as defined in section 601 of title 5, United States Code).
The report shall detail--
(1) the costs of compliance with such program on small
entities;
(2) a description and an estimate of the number of small
entities enrolled and participating in such program or an
explanation of why no such estimate is available;
(3) the projected reporting, recordkeeping and other
compliance requirements of such program on small entities;
(4) factors that impact small entities' enrollment and
participation in such program, including access to appropriate
technology, geography, entity size, and class of entity; and
(5) the steps, if any, the Secretary of Homeland Security
has taken to minimize the economic impact of participating in
such program on small entities.
(b) Direct and Indirect Effects.--The report shall cover, and treat
separately, direct effects (such as wages, time, and fees spent on
compliance) and indirect effects (such as the effect on cash flow,
sales, and competitiveness).
(c) Specific Contents.--The report shall provide specific and
separate details with respect to--
(1) small businesses (as defined in section 601 of title 5,
United States Code) with fewer than 50 employees; and
(2) small entities operating in States that have mandated
use of the basic pilot program.
Passed the House of Representatives July 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Employee Verification Amendment Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program).
Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement.
Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities. | {"src": "billsum_train", "title": "To evaluate and extend the basic pilot program for employment eligibility confirmation and to ensure the protection of Social Security beneficiaries."} | 1,514 | 162 | 0.58161 | 1.819721 | 0.741939 | 3.116438 | 9.30137 | 0.89726 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Surplus Preservation
and Debt Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the $69,246,000,000 unified budget surplus achieved in
fiscal year 1998 was entirely due to surpluses generated by the
social security trust funds and the cumulative unified budget
surpluses projected for subsequent fiscal years are primarily
due to surpluses generated by the social security trust funds;
(2) Congress and the President should balance the budget
excluding the surpluses generated by the social security trust
funds;
(3) according to the Congressional Budget Office, balancing
the budget excluding the surpluses generated by the social
security trust funds will reduce the debt held by the public by
a total of $1,723,000,000,000 by the end of fiscal year 2009;
and
(4) social security surpluses should be used to enhance
retirement security or to reduce the debt held by the public
and should not be spent on other programs.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS.
(a) Protection by Congress.--
(1) Reaffirmation of support.--Congress reaffirms its
support for the provisions of section 13301 of the Budget
Enforcement Act of 1990 that provides that the receipts and
disbursements of the social security trust funds shall not be
counted for the purposes of the budget submitted by the
President, the congressional budget, or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) Protection of social security benefits.--If there are
sufficient balances in the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund, the Secretary of Treasury shall give priority to the
payment of social security benefits required to be paid by law.
(b) Points of Order.--Section 301 of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``(j) Social Security Point of Order.--It shall not be in order in
the House of Representatives or the Senate to consider a concurrent
resolution on the budget, an amendment thereto, or a conference report
thereon that violates section 13301 of the Budget Enforcement Act of
1990.
``(k) Debt Held by the Public Point of Order.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or conference report that
would--
``(1) increase the limit on the debt held by the public in
section 253A(a) of the Balanced Budget and Emergency Deficit
Control Act of 1985; or
``(2) provide additional borrowing authority that would
result in the limit on the debt held by the public in section
253A(a) of the Balanced Budget and Emergency Deficit Control
Act of 1985 being exceeded.
``(l) Social Security Surplus Protection Point of Order.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider a concurrent
resolution on the budget, an amendment thereto, or a conference
report thereon that sets forth a deficit in any fiscal year.
``(2) Exception.--Paragraph (1) shall not apply if--
``(A) the limit on the debt held by the public in
section 253A(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is suspended; or
``(B) the deficit for a fiscal year results solely
from the enactment of--
``(i) retirement security reform
legislation, as defined in section 253A(e)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985; or
``(ii) provisions of legislation that are
designated as an emergency requirement pursuant
to section 251(b)(2)(A) or 252(e) of the
Balanced Budget and Emergency Deficit Control
Act of 1985.''.
SEC. 4. DEDICATION OF SOCIAL SECURITY SURPLUSES TO REDUCTION IN THE
DEBT HELD BY THE PUBLIC.
(a) Amendments to the Congressional Budget Act of 1974.--The
Congressional Budget Act of 1974 is amended--
(1) in section 3, by adding at the end the following:
``(11)(A) The term `debt held by the public' means the
outstanding face amount of all debt obligations issued by the
United States Government that are held by outside investors,
including individuals, corporations, State or local
governments, foreign governments, and the Federal Reserve
System.
``(B) For the purpose of this paragraph, the term `face
amount', for any month, of any debt obligation issued on a
discount basis that is not redeemable before maturity at the
option of the holder of the obligation is an amount equal to
the sum of--
``(i) the original issue price of the obligation;
plus
``(ii) the portion of the discount on the
obligation attributable to periods before the beginning
of such month.
``(12) The term `social security surplus' means the amount
for a fiscal year that receipts exceed outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.'';
(2) in section 301(a) by--
(A) redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectfully; and
(B) inserting after paragraph (5) the following:
``(6) the debt held by the public; and''; and
(3) in section 310(a) by--
(A) striking ``or'' at the end of paragraph (3);
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) inserting the following new paragraph;
``(4) specify the amounts by which the statutory limit on
the debt held by the public is to be changed and direct the
committee having jurisdiction to recommend such change; or''.
(b) Amendments to the Balanced Budget and Emergency Deficit Control
Act of 1985.--The Balanced Budget and Emergency Deficit Control Act of
1985 is amended--
(1) in section 250, by striking subsection (b) and
inserting the following:
``(b) General Statement of Purpose.--This part provides for the
enforcement of--
``(1) a balanced budget excluding the receipts and
disbursements of the social security trust funds; and
``(2) a limit on the debt held by the public to ensure that
social security surpluses are used for retirement security
reform or to reduce debt held by the public and are not spent
on other programs.'';
(2) in section 250(c)(1), by inserting ``` debt held by the
public', `social security surplus''' after ``outlays',''; and
(3) by inserting after section 253 the following:
``SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT.
``(a) Limit.--The debt held by the public shall not exceed--
``(1) for the period beginning May 1, 2000 through April
30, 2001, $3,628,000,000,000;
``(2) for the period beginning May 1, 2001 through April
30, 2002, $3,512,000,000,000;
``(3) for the period beginning May 1, 2002 through April
30, 2004, $3,383,000,000,000;
``(4) for the period beginning May 1, 2004 through April
30, 2006, $3,100,000,000,000;
``(5) for the period beginning May 1, 2006 through April
30, 2008, $2,775,000,000,000; and,
``(6) for the period beginning May 1, 2008 through April
30, 2010, $2,404,000,000,000.
``(b) Adjustments for Actual Social Security Surplus Levels.--
``(1) Estimated levels.--The estimated level of social
security surpluses for the purposes of this section is--
``(A) for fiscal year 1999, $127,000,000,000;
``(B) for fiscal year 2000, $137,000,000,000;
``(C) for fiscal year 2001, $145,000,000,000;
``(D) for fiscal year 2002, $153,000,000,000;
``(E) for fiscal year 2003, $162,000,000,000;
``(F) for fiscal year 2004, $171,000,000,000;
``(G) for fiscal year 2005, $184,000,000,000;
``(H) for fiscal year 2006, $193,000,000,000;
``(I) for fiscal year 2007, $204,000,000,000;
``(J) for fiscal year 2008, $212,000,000,000; and
``(K) for fiscal year 2009, $218,000,000,000.
``(2) Adjustment to the limit for actual social security
surpluses.--After October 1 and no later than December 31 of
each year, the Secretary shall make the following calculations
and adjustments:
``(A) Calculation.--After the Secretary determines
the actual level for the social security surplus for
the current year, the Secretary shall take the
estimated level of the social security surplus for that
year specified in paragraph (1) and subtract that
actual level.
``(B) Adjustment.--
``(i) 2000 through 2004.--With respect to
the periods described in subsections (a)(1),
(a)(2), and (a)(3), the Secretary shall add the
amount calculated under subparagraph (A) to--
``(I) the limit set forth in
subsection (a) for the period of years
that begins on May 1st of the following
calendar year; and
``(II) each subsequent limit.
``(ii) 2004 through 2010.--With respect to
the periods described in subsections (a)(4),
(a)(5), and (a)(6), the Secretary shall add the
amount calculated under subparagraph (A) to--
``(I) the limit set forth in
subsection (a) for the period of years
that includes May 1st of the following
calendar year; and
``(II) each subsequent limit.
``(c) Adjustment to the Limit for Emergencies.--
``(1) Estimate of legislation.--
``(A) Calculation.--If legislation is enacted into
law that contains a provision that is designated as an
emergency requirement pursuant to section 251(b)(2)(A)
or 252(e), OMB shall estimate the amount the debt held
by the public will change as a result of the
provision's effect on the level of total outlays and
receipts excluding the impact on outlays and receipts
of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund.
``(B) Baseline levels.--OMB shall calculate the
changes in subparagraph (A) relative to baseline levels
for each fiscal year through fiscal year 2010 using
current estimates.
``(C) Estimate.--OMB shall include the estimate
required by this paragraph in the report required under
section 251(a)(7) or section 252(d), as the case may
be.
``(2) Adjustment.--After January 1 and no later than May 1
of each calendar year beginning with calendar year 2000--
``(A) with respect to the periods described in
subsections (a)(1), (a)(2), and (a)(3), the Secretary
shall add the amounts calculated under paragraph (1)(A)
for the current year included in the report referenced
in paragraph (1)(C) to--
``(i) the limit set forth in subsection (a)
for the period of years that begins on May 1 of
that calendar year; and
``(ii) each subsequent limit; and
``(B) with respect to the periods described in
subsections (a)(4), (a)(5), and (a)(6), the Secretary
shall add the amounts calculated under paragraph (1)(A)
for the current year included in the report referenced
in paragraph (1)(C) to--
``(i) the limit set forth in subsection (a)
for the period of years that includes May 1 of
that calendar year; and
``(ii) each subsequent limit.
``(3) Exception.--The Secretary shall not make the
adjustments pursuant to this section if the adjustments for the
current year are less than the on-budget surplus for the year
before the current year.
``(d) Adjustment to the Limit for Low Economic Growth and War.--
``(1) Suspension of statutory limit on debt held by the
public.--
``(A) Low economic growth.--If the most recent of
the Department of Commerce's advance, preliminary, or
final reports of actual real economic growth indicate
that the rate of real economic growth for each of the
most recently reported quarter and the immediately
preceding quarter is less than 1 percent, the limit on
the debt held by the public established in this section
is suspended.
``(B) War.--If a declaration of war is in effect,
the limit on the debt held by the public established in
this section is suspended.
``(2) Restoration of statutory limit on debt held by the
public.--
``(A) Restoration of limit.--The statutory limit on
debt held by the public shall be restored on May 1
following the quarter in which the level of real Gross
Domestic Product in the final report from the
Department of Commerce is equal to or is higher than
the level of real Gross Domestic Product in the quarter
preceding the first two quarters that caused the
suspension of the pursuant to paragraph (1).
``(B) Adjustment.--
``(i) Calculation.--The Secretary shall
take level of the debt held by the public on
October 1 of the year preceding the date
referenced in subparagraph (A) and subtract the
limit in subsection (a) for the period of years
that includes the date referenced in
subparagraph (A).
``(ii) Adjustment.--The Secretary shall add
the amount calculated under clause (i) to--
``(I) the limit in subsection (a)
for the period of fiscal years that
includes the date referenced in
subparagraph (A); and
``(II) each subsequent limit.
``(e) Adjustment to the Limit for Retirement Security Reform
Provisions that Affect On-Budget Levels.--
``(1) Estimate of legislation.--
``(A) Calculation.--If retirement security reform
legislation is enacted, OMB shall estimate the amount
the debt held by the public will change as a result of
the legislation's effect on the level of total outlays
and receipts excluding the impact on outlays and
receipts of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust
Fund.
``(B) Baseline levels.--OMB shall calculate the
changes in subparagraph (A) relative to baseline levels
for each fiscal year through fiscal year 2010 using
current estimates.
``(C) Estimate.--OMB shall include the estimate
required by this paragraph in the report required under
section 252(d) for retirement security reform
legislation.
``(2) Adjustment to limit on the debt held by the public.--
If retirement security reform legislation is enacted, the
Secretary shall adjust the limit on the debt held by the public
for each period of fiscal years by the amounts determined under
paragraph (1)(A) for the relevant fiscal years included in the
report referenced in paragraph (1)(C).
``(e) Definitions.--In this section:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(2) Retirement security reform legislation.--The term
`retirement security reform legislation' means a bill or joint
resolution that is enacted into law and includes a provision
stating the following:
```( ) Retirement security reform legislation.--For the
purposes of the Social Security Surplus Preservation and Debt
Reduction Act, this Act constitutes retirement security reform
legislation.'
This paragraph shall apply only to the first bill or joint
resolution enacted into law as described in this paragraph.
``(3) Retirement security reform provisions.--The term
`retirement security reform provisions' means a provision or
provisions identified in retirement security reform legislation
stating the following:
```( ) Retirement security reform provisions.--For the
purposes of the Social Security Surplus Preservation and Debt
Reduction Act, ________ of this Act constitutes or constitute
social security reform provisions.', with a list of specific
provisions in that bill or joint resolution specified in the
blank space.''.
SEC. 5. PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code, is amended by
striking ``in a manner consistent'' and inserting ``in compliance''.
SEC. 6. SUNSET.
This Act and the amendments made by it shall expire on April 30,
2010. | Social Security Surplus Preservation and Debt Reduction Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that violates a provision of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds (social security trust funds) shall not be counted for purposes of the presidential or congressional budget or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Makes it out of order in the House or the Senate to consider any legislation that would: (1) increase the limit on the public debt under the Gramm-Rudman-Hollings Act; or (2) provide additional borrowing authority that would result in such limit being exceeded.
Makes it out of order in the House or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if: (1) the public debt limit is suspended; or (2) the deficit for a fiscal year results solely from the enactment of retirement security reform legislation or provisions designated as emergency requirements.
Includes the level of public debt in the required content of the concurrent budget resolution. Requires the budget resolution to specify the amounts by which the limit on such debt is to be changed and direct the committee having jurisdiction to recommend such change.
Amends the Gramm-Rudman-Hollings Act to set forth: (1) limits on the public debt for specified periods through April 30, 2010; and (2) estimated levels of social security surpluses through FY 2009.
Provides for adjustments to the public debt limit based on actual social security surpluses and emergency requirements. Prohibits such adjustments if those for the current year are less than the on-budget surplus for the year before the current year.
Suspends the public debt limit in cases of low economic growth or war.
Provides for an adjustment to the public debt limit if retirement security reform legislation is enacted.
Sunsets this Act on April 30, 2010. | {"src": "billsum_train", "title": "Social Security Surplus Preservation and Debt Reduction Act"} | 3,689 | 485 | 0.637062 | 1.877275 | 0.847828 | 3.576389 | 7.923611 | 0.928241 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthma Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Despite improved therapies, the prevalence rate of
asthma continues to rise, affecting an estimated 14.6 million
Americans; 4.8 million under the age of 18. Since 1984, the
prevalence of pediatric asthma has risen 72 percent. Rates are
increasing for all ethnic groups and especially for African
American and Hispanic children.
(2) Asthma is the third leading cause of preventable
hospitalizations. Improper diagnosis and poor management of
asthma resulted in 1.6 million people being treated for asthma
attacks in the emergency room in 1997. According to recent
studies, asthma accounts for 17 percent of all pediatric
emergency room visits.
(3) Asthma can be life-threatening if not properly managed.
Most asthma-related deaths are preventable, yet such deaths
continue to rise in the U.S. In 1994, 5,487 children died as a
result of an asthma attack, representing a six percent increase
in deaths from 1993 and a doubling since 1979.
(4) Asthma costs the U.S. over $12 billion a year and the
rise is asthma prevalence will lead to higher costs in the
future.
(5) With early recognition of the signs and symptoms of
asthma, proper diagnosis and treatment, and patient education
and self-management, asthma is a controllable disease.
(6) Public health interventions have been proven effective
in the treatment and management of asthma. Population-based
research supported by the National Institutes of Health (NIH)
has effectively demonstrated the benefits of combining
aggressive medical treatment with patient education to improve
the management of asthma. The National Asthma Education and
Prevention Program (NAEPP) helps raise awareness that asthma is
a serious chronic disease, and helps promote more effective
management of asthma through patient and professional
education.
(7) The alarming rise in prevalence, asthma-related deaths,
and expenditures demonstrate that, despite extensive knowledge
on effective asthma management strategies, current federal
policy and funding regarding the education, treatment, and
management of asthma is inadequate.
(8) Additional federal direction, funding, and support is
necessary to increase awareness of asthma as a chronic illness,
its symptoms, and the environmental factors (indoor and
outdoor) that affect the disease, as well as to promote
education programs that teach patients how to better manage
asthma.
SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION
PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
(a) Additional Funding; Expansion of Program.--In addition to any
other authorization of appropriations that is available to the National
Heart, Lung, and Blood Institute for the purpose of carrying out the
National Asthma Education and Prevention Program, there is authorized
to be appropriated to such Institute for such purpose $5,000,000 for
each of the fiscal years 1999 through 2003. Amounts appropriated under
the preceding sentence shall be expended to expand such Program.
(b) Coordinating Committee.--
(1) Report to congress.--With respect to the coordinating
committee established for the National Asthma Education and
Prevention Program of the National Heart, Lung, and Blood
Institute, such committee shall submit to the Congress a report that--
(A) contains a determination by the committee of
the scope of the problem of asthma in the United
States;
(B) identifies all Federal programs that carry out
asthma-related activities; and
(C) contains the recommendations of the committee
for strengthening and better coordinating the asthma-
related activities of the Federal Government.
(2) Inclusion of representative of department of
education.--The Secretary of Education or a designee of the
Secretary shall be included in the membership of the
coordinating committee referred to in paragraph (1).
SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Additional Funding.--In addition to any other authorization of
appropriations that is available to the Centers for Disease Control and
Prevention for the purpose of carrying out activities in accordance
with subsection (b), there is authorized to be appropriated to such
Centers for such purpose $5,000,000 for each of the fiscal years 1999
through 2003.
(b) Expansion of Public Health Surveillance Activities; Program for
Providing Information and Education to Public.--For purposes of
subsection (a), the Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall collaborate with the States to expand the scope of--
(1) activities that are carried out to determine the
incidence and prevalence of asthma; and
(2) activities that are carried out to prevent the health
consequences of asthma, including through the provision of
information and education to the public regarding asthma, which
may include the use of public service announcements through the
media and such other means as such Director determines to be
appropriate.
SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION,
EDUCATION, AND SERVICES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make grants to
nonprofit private entities for projects to carry out, in communities
identified by entities applying for the grants, outreach activities to
provide for residents of the communities the following:
(1) Information and education on asthma.
(2) Referrals to health programs of public and nonprofit
private entities that provide asthma-related services,
including such services for low-income individuals. The grant
may be expended to make arrangements to coordinate the
activities of such entities in order to establish and operate
networks or consortia regarding such referrals.
(b) Preferences in Making Grants.--In making grants under
subsection (a), the Secretary shall give preference to applicants that
will carry out projects under such subsection in communities that are
disproportionately affected by asthma or underserved with respect to
the activities described in such subsection and in which a significant
number of low-income individuals reside.
(c) Evaluations.--A condition for a grant under subsection (a) is
that the applicant for the grant agree to provide for the evaluation of
the projects carried out under such subsection by the applicant to
determine the extent to which the projects have been effective in
carrying out the activities referred to in such subsection.
(d) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $5,000,000 for each of the fiscal
years 1999 through 2003.
SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES
REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall in accordance with
subsection (b) carry out a program to encourage the States to implement
plans to carry out activities to assist children with respect to asthma
in accordance with guidelines of the National Heart, Lung, and Blood
Institute.
(b) Relation to Children's Health Insurance Program.--
(1) In general.--Subject to paragraph (2), if a State plan
under title XXI of the Social Security Act provides for
activities described in subsection (a) to an extent
satisfactory to the Secretary, the Secretary shall, with
amounts appropriated under subsection (c), make a grant to the
State involved to assist the State in carrying out such
activities.
(2) Requirement of matching funds.--
(A) In general.--With respect to the costs of the
activities to be carried out by a State pursuant to
paragraph (1), the Secretary may make a grant under such paragraph only
if the State 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 50 percent of the costs ($1
for each $1 of Federal funds provided in the grant).
(B) Determination of amount contributed.--Non-
Federal contributions required in 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.
(3) Criteria regarding eligibility for grant.--The
Secretary shall publish in the Federal Register criteria
describing the circumstances in which the Secretary will
consider a State plan to be satisfactory for purposes of
paragraph (1).
(4) Technical assistance.--With respect to State plans
under title XXI of the Social Security Act, the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention, shall make available to the States technical
assistance in developing the provisions of such plans that will
provide for activities pursuant to paragraph (1).
(c) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $5,000,000 for each of the fiscal
years 1999 through 2003.
SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA.
(a) In General.--
(1) School-based asthma activities.--The Secretary of
Education (in this section referred to as the ``Secretary''),
in consultation with the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health, may make grants to local educational
agencies for programs to carry out at elementary and secondary
schools specified in paragraph (2) asthma-related activities
for children who attend such schools.
(2) Eligible schools.--The elementary and secondary schools
referred to in paragraph (1) are such schools that are located
in communities with a significant number of low-income or
underserved individuals (as defined by the Secretary).
(b) Development of Programs.--Programs under subsection (a) shall
include grants under which local education agencies and State public
health officials collaborate to develop programs to improve the
management of asthma in school settings.
(c) Certain Guidelines.--Programs under subsection (a) shall be
carried out in accordance with applicable guidelines or other
recommendations of the National Institutes of Health (including the
National Heart, Lung, and Blood Institute) and the Environmental
Protection Agency.
(d) Certain Activities.--Activities that may be carried out in
programs under subsection (a) include the following:
(1) Identifying and working directly with local hospitals,
community clinics, advocacy organizations, parent-teacher
associations, and asthma coalitions.
(2) Identifying asthmatic children and training them and
their families in asthma self-management.
(3) Purchasing asthma equipment.
(4) Hiring school nurses.
(5) Training teachers, nurses, coaches, and other school
personnel in asthma-symptom recognition and emergency
responses.
(6) Simplifying procedures to improve students' safe access
to their asthma medications.
(7) Such other asthma-related activities as the Secretary
determines to be appropriate.
(e) Use of Title I Funds.--The Secretary may authorize a local
educational agency carrying out a program under subsection (a) to
expend for such program not more than 5 percent of amounts received by
such agency under title I of the Elementary and Secondary Education Act
of 1965.
(f) Definitions.--For purposes of this section, the terms
``elementary school'', ``local educational agency'', and ``secondary
school'' have the meanings given such terms in the Elementary and
Secondary Education Act of 1965.
(g) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $5,000,000 for each of the fiscal
years 1999 through 2003.
SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS.
It is the sense of the Congress that--
(1) hospitals should be encouraged to offer asthma-related
education and training to asthma patients and their families
upon discharge from the hospital of such patients;
(2) hospitals should, with respect to information on
asthma, establish telephone services for patients and
communicate with providers of primary health services; and
(3) managed care organizations should--
(A) be encouraged to disseminate to health care
providers asthma clinical practice guidelines developed
or endorsed by the Public Health Service;
(B) collect and maintain asthma data; and
(C) offer asthma-related education and training to
asthma patients and their families.
SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT.
It is the sense of the Congress that all Federal, State, and local
asthma-related activities should--
(1) promote the guidelines and other recommendations of the
Public Health Service on asthma diagnosis and management; and
(2) be designed in consultation with national and local
organizations representing the medical, educational, and
environmental communities, as well as advocates that represent
those affected by asthma. | Asthma Act - Authorizes additional appropriations to the National Heart, Lung, and Blood Institute to carry out the National Asthma Education and Prevention Program for FY 1999 through 2003. Requires the coordinating committee established for such Program to report to the Congress on the scope of asthma in the United States, all Federal programs that carry out asthma-related activities, and any recommendations for strengthening and better coordinating such activities.
Authorizes additional appropriations to the Centers for Disease Control to collaborate with the States to expand the scope of activities carried out to determine the incidence and prevalence of asthma, and prevent its health consequences.
Authorizes the Secretary of Health and Human Service to make grants to nonprofit private entities for projects to carry out community outreach activities regarding asthma information, education, and services. Authorizes appropriations.
Directs the Secretary to carry out a program to encourage the States to implement plans to assist children with respect to asthma, including matching grants to any State with a children's health insurance program under title XXI of the Social Security Act. Authorizes appropriations.
Authorizes the Secretary of Education to make grants to local educational agencies for programs to carry out asthma-related activities for children at specified elementary and secondary schools located in communities with a significant number of low-income or underserved individuals. Authorizes appropriations.
Expresses the sense of the Congress that: (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and their families upon such patients' discharge; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with primary service providers; (3) managed care organizations should be encouraged to disseminate asthma clinical practice guidelines to providers, collect and maintain asthma data, and offer asthma-related education and training to asthma patients and their families; and (4) all Federal, State, and local asthma-related activities should promote Public Health Service guidelines and recommendations on asthma diagnosis and management, and be designed in consultation with relevant organizations and advocates representing asthma sufferers. | {"src": "billsum_train", "title": "Asthma Act"} | 2,809 | 436 | 0.554413 | 1.759171 | 0.687356 | 4.720812 | 6.659898 | 0.959391 |
SECTION 1. PORTABILITY OF LIFETIME INCOME AND MANAGED ACCOUNT OPTIONS.
(a) In General.--Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (37) the
following new paragraph:
``(38) Portability of lifetime income and managed account
options.--
``(A) In general.--A trust forming part of a
defined contribution plan shall not be treated as
failing to constitute a qualified trust under this
section solely by reason of allowing--
``(i) qualified distributions of a lifetime
income investment or a managed account
investment, or
``(ii) distributions of a lifetime income
investment in the form of a qualified plan
distribution annuity contract,
on or after the date that is 90 days prior to the date
on which such lifetime income investment or such
managed account investment is no longer authorized to
be held as an investment option under the plan except
as may otherwise be provided by regulations.
``(B) Definitions.--For purposes of this
subsection--
``(i) the term `qualified distribution'
means a direct trustee-to-trustee transfer to
an eligible retirement plan (as defined in
section 402(c)(8)(B)), as described in section
401(a)(31)(A), and in the case of a managed
account investment, the eligible retirement
plan must be maintained by the account manager
of such managed account investment,
``(ii) the term `lifetime income
investment' means an investment option that is
designed to provide an employee with election
rights--
``(I) that are not uniformly
available with respect to other
investment options under the plan, and
``(II) that are to a lifetime
income feature available through a
contract or other arrangement offered
under the plan or under another
eligible retirement plan (as defined in
section 402(c)(8)(B)) through a direct
trustee-to-trustee transfer to such
other eligible retirement plan under
section 401(a)(31)(A),
``(iii) the term `lifetime income feature'
means--
``(I) a feature that guarantees a
minimum level of income annually (or
more frequently) for at least the
remainder of the life of the employee
or the joint lives of the employee and
the employee's designated beneficiary,
or
``(II) an annuity payable on behalf
of the employee under which payments
are made in substantially equal
periodic payments (not less frequently
than annually) over the life of the
employee or the joint lives of the
employee and the employee's designated
beneficiary,
``(iv) the term `qualified plan
distribution annuity contract' means an annuity
contract purchased for a participant and
distributed to the participant by a plan
described in subparagraph (B) of section
402(c)(8) (without regard to clauses (i) and
(ii) thereof),
``(v) the term `managed account investment'
means an investment option under which the
assets of the employee's individual account are
managed by an account manager, applying
generally accepted investment theories, to
achieve varying degrees of long-term
appreciation and capital preservation based on
the employee's age, target retirement date or
life expectancy,
``(vi) the term `account manager' means an
investment manager (within the meaning of
section 3(38) of the Employee Retirement Income
Security Act), and
``(vii) a lifetime income investment or
managed account investment is treated as no
longer authorized to be held as an investment
under the plan if such treatment applies to all
plan participants or to a class of such
participants, as determined in any reasonable
manner.''.
(b) Cash or Deferred Arrangement.--Clause (i) of section
401(k)(2)(B) of such Code is amended by striking ``or'' at the end of
subclause (IV), by striking ``and'' at the end of subclause (V) and
inserting ``or'', and by adding at the end of clause (i) the following:
``(VI) with respect to amounts
invested in a lifetime income
investment (as defined in section
401(a)(38)(B)(ii)) or a managed account
investment (as defined in section
401(a)(38)(B)(v)), the date that is 90
days prior to the date that such
lifetime income investment or such
managed account investment may no
longer be held as an investment option
under the plan (within the meaning of
section 401(a)(38)(B)(vii)), provided
that any distribution under this
subclause must be in the form of a
qualified distribution (as defined in
section 401(a)(38)(B)(i)) or, in the
case of a lifetime income investment, a
qualified plan distribution annuity
contract (as defined in section
401(a)(38)(B)(iv)), and''.
(c) Section 403(b) Plans.--
(1) Annuity contracts.--Paragraph (11) of section 403(b) of
such Code is amended by striking ``or'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C), and by inserting ``, or'', and by adding at
the end the following:
``(D) with respect to amounts invested in a
lifetime income investment (as defined in section
401(a)(38)(B)(ii)) or a managed account investment (as
defined in section 401(a)(38)(B)(v)), the date that is
90 days prior to the date that such lifetime income
investment or such managed account investment may no
longer be held as an investment option under the plan
(within the meaning of section 401(a)(38)(B)(vii)),
provided that any distribution under this subparagraph
must be in the form of a qualified distribution (as
defined in section 401(a)(38)(B)(i)) or, in the case of
a lifetime income investment, a qualified plan
distribution annuity contract (as defined in section
401(a)(38)(B)(iv)).''.
(2) Custodial accounts.--Clause (ii) of section
403(b)(7)(A) of such Code is amended to read as follows:
``(ii) under the custodial account, no such
amounts may be paid or made available to any
distributee (unless such amount is a
distribution to which section 72(t)(2)(G)
applies) before--
``(I) the employee dies,
``(II) the employee attains age
59\1/2\,
``(III) the employee has a
severance from employment,
``(IV) the employee becomes
disabled (within the meaning of section
72(m)(7)),
``(V) in the case of contributions
made pursuant to a salary reduction
agreement (within the meaning of
section 3121(a)(5)(D)), the employee
encounters financial hardship, or
``(VI) with respect to amounts
invested in a lifetime income
investment (as defined in section
401(a)(38)(B)(ii)) or a managed account
investment (as defined in section
401(a)(38)(B)(v)), the date that is 90
days prior to the date that such
lifetime income investment or such
managed account investment may no
longer be held as an investment option
under the plan (within the meaning of
section 401(a)(38)(B)(vii)), provided
that any distribution under this
subparagraph must be in the form of a
qualified distribution (as defined in
section 401(a)(38)(B)(i)) or, in the
case of a lifetime income investment, a
qualified plan distribution annuity
contract (as defined in section
401(a)(38)(B)(iv)).''.
(d) Eligible Deferred Compensation Plans.--Subparagraph (A) of
section 457(d)(1) of such Code is amended by striking ``or'' at the end
of clause (ii), by inserting ``or'' at the end of clause (iii), and by
adding after clause (iii) the following:
``(iv) with respect to amounts invested in
a lifetime income investment (as defined in
section 401(a)(38)(B)(ii)) or a managed account
investment (as defined in section
401(a)(38)(B)(v)), the date that is 90 days
prior to the date that such lifetime income
investment or such managed account investment
may no longer be held as an investment option
under the plan (within the meaning of section
401(a)(38)(B)(vii)), provided that any
distribution under this subparagraph must be in
the form of a qualified distribution (as
defined in section 401(a)(38)(B)(i)) or, in the
case of a lifetime income investment, a
qualified plan distribution annuity contract
(as defined in section 401(a)(38)(B)(iv)),''.
(e) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2017. | This bill amends the Internal Revenue Code to allow distributions from certain tax-favored employer-sponsored retirement plans if a lifetime income investment or managed account investment is no longer authorized to be held as an investment option under the plan. If a lifetime income or managed account investment is no longer authorized to be held as an investment option under the plan, the bill allows: (1) qualified distributions of a lifetime income investment or a managed account investment, or (2) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract. A "qualified distribution" is a direct trustee-to-trustee transfer to an eligible retirement plan. A "qualified plan distribution annuity contract" is an annuity contract purchased for a participant and distributed to the participant by an employer-sponsored retirement plan. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make lifetime income and managed account options of defined contribution retirement savings plans portable."} | 2,128 | 185 | 0.624816 | 1.649367 | 0.726321 | 4.427673 | 11.08805 | 0.855346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Gateways Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a 2013 Census Bureau study, women's
representation in STEM occupations has increased since the
1970s, but women remain significantly underrepresented in
engineering and computing occupations that make up more than 80
percent of all STEM employment. Women's representation in
computer occupations has declined since the 1990s. In 2011, 26
percent of STEM workers were women and 74 percent were men.
According to the National Action Council for Minorities in
Engineering, Inc. (NACME), the number of engineering degrees
awarded to African-American women has steadily declined since
the late 1990s.
(2) According to the Brookings Institution 2013 report,
``The Hidden STEM Economy'', half of all STEM jobs are
available to workers without a 4-year college degree, and these
jobs pay $53,000 per year on average. This sector of the STEM
economy offers job opportunities for many workers with
qualified certificates or associate's degrees, drawing from
high schools, workforce training programs, vocational schools,
and community colleges. Despite these opportunities, only one-
fifth of the $4.3 billion spent annually by the Federal
Government on STEM education and training goes towards
supporting sub-bachelor's level training.
(3) According to a 2011 report by the Department of
Commerce, underrepresented minorities account for only 3 out of
10 professionals in STEM fields.
(4) STEM workers in all demographic groups earn more than
their non-STEM counterparts.
(5) According to the America After 3pm report, children
from African-American, Hispanic, and Native American
populations participate in afterschool programs in greater
numbers than the average. Girls also participate in equal
numbers to boys in such programs. Afterschool learning thus
represents an intervention point to engage with populations
currently underrepresented in STEM fields and careers.
SEC. 3. GRANT PROGRAM AUTHORIZED.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education shall award grants to eligible
entities, on a competitive basis, to enable such eligible entities to
carry out programs described in subsection (d) to achieve, with respect
to women and girls, underrepresented minorities, and individuals from
all economic backgrounds, (including economically disadvantaged
individuals and individuals living in economically distressed areas),
one or more of the following goals:
(1) Encourage interest in the STEM fields at the elementary
school or secondary school levels.
(2) Motivate engagement in STEM fields by providing
relevant hands-on learning opportunities at the elementary
school and secondary school levels.
(3) Support classroom success in STEM disciplines at the
elementary school or secondary school levels.
(4) Support workforce training and career preparation in
STEM fields at the secondary school level.
(5) Improve access to career and continuing education
opportunities in STEM fields at the secondary school level.
(b) Limitation.--The Secretary may award grants under this section
for not more than a 5-year period.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall contain--
(A) in the case of an eligible entity that plans to
use the grant funds at the elementary school level--
(i) a description of the programs the
eligible entity will carry out to achieve one
or more of the goals described in paragraphs
(1) through (3) of subsection (a) at the
elementary school level, including the content
of the programs and research and models used to
design the programs; and
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education, such as--
(I) recruiting such individuals to
participate in the programs;
(II) supporting educators who will
lead the programs, and participants in
the programs;
(III) encouraging partnerships
between in-school and out-of-school
educators, such as afterschool
providers, science centers, and
museums;
(IV) identifying public and private
partners that are able to support the
programs; and
(V) planning for sustaining the
programs financially beyond the grant
period; and
(B) in the case of an eligible entity that plans to
use the grant funds at the secondary school level--
(i) a description of the programs the
eligible entity will carry out to achieve one
or more of the goals described in paragraphs
(1) through (5) of subsection (a) at the
secondary school level, including the content
of the programs and research and models used to
design the programs;
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education and workforce training that
prepares such individuals to take advantage of
employment opportunities in STEM fields, such
as--
(I) recruiting such individuals to
participate in the programs;
(II) supporting educators who will
lead such programs, and participants in
the programs;
(III) identifying public and
private partners that are able to
support the programs;
(IV) partnering with institutions
of higher education or institutions
providing informal science education,
such as afterschool programs and
science centers and museums;
(V) partnering with institutions of
higher education; and
(VI) planning for sustaining the
programs financially beyond the grant
period;
(iii) a review of the industry and business
workforce needs, including the demand for
workers with knowledge or training in a STEM
field; and
(iv) an analysis of job openings that
require knowledge or training in a STEM field.
(d) Use of Funds.--
(1) Required use of funds.--An eligible entity that
receives a grant under this section shall use such grant funds
to carry out programs to achieve one or more of the goals
described in subsection (a) at the elementary school or
secondary school levels, with respect to women and girls,
underrepresented minorities, and students from all economic
backgrounds (including economically disadvantaged individuals,
and students living in economically distressed areas).
(2) Authorized use of funds.--The programs described in
paragraph (1) may include any of the following activities, with
respect to the individuals described in paragraph (1):
(A) Carrying out the activities described in
subparagraph (A)(ii) or (B)(ii), as appropriate.
(B) Providing professional development for
teachers, afterschool providers, and other school
personnel in elementary schools or secondary schools,
including professional development to encourage,
through academic instruction and support, such
individuals to pursue advanced classes and careers in
STEM fields.
(C) Providing tutoring and mentoring programs in
STEM fields.
(D) Establishing partnerships with institutions of
higher education, potential employers, and other
industry stakeholders that expose such individuals to
professionals in STEM fields, or providing
opportunities for postsecondary academic credits or
credentials.
(E) Providing after-school activities and other
informal learning opportunities designed to encourage
interest and develop skills in STEM fields.
(F) Providing summer programs to extend learning
time and to deepen the skills and interest in STEM
fields of such individuals.
(G) Purchasing and utilizing--
(i) educational or instructional materials
that are designed to improve educational
outcomes in STEM fields, and will serve to
deepen the skills and interest in STEM fields
of such individuals; or
(ii) equipment, instrumentation, or
hardware used to teach and encourage interest
in STEM fields.
(H) Internships or opportunities for experiential
learning in STEM fields.
(e) Report.--
(1) Eligible entities.--Each eligible entity receiving a
grant under this Act shall, on an annual basis, submit a report
to the Secretary on the use of funds and the number of students
who participated in the programs carried out with the grant
funds.
(2) Secretary.--The Secretary shall, on an annual basis,
and using the reports received under paragraph (1), report to
Congress on the overall impact and effectiveness of the grant
program under this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``educational service
agency'', ``local educational agency'', ``institution of higher
education'', ``Secretary'', and ``State'' have the meanings
given the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(3) Economically disadvantaged individual.--The term
``economically disadvantaged individual'' has the meaning given
the term in section 400.4 of title 34, Code of Federal
Regulations, as such section is in effect on the date of
enactment of this Act.
(4) Economically distressed area.--The term ``economically
distressed area'' means a county or equivalent division of
local government of a State in which, according to the most
recently available data from the Bureau of the Census, 40
percent or more of the residents have an annual income that is
at or below the poverty level.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) an educational service agency serving more than
1 local educational agency;
(C) a consortium of local educational agencies;
(D) nonprofit organizations that--
(i) work with elementary schools, secondary
schools, or institutions of higher education;
and
(ii) have demonstrated a commitment to
achieving the goals described in paragraphs (1)
through (4) of section 3(a); or
(E) community colleges working in partnership with
secondary schools to create opportunities for dual
enrollment, credit transfer, or accelerated post-
secondary credentialing.
(6) Partners.--The term ``partners'' means organizations
who employ workers in STEM-related careers or organizations
with demonstrated expertise in identifying, scaling, and
implementing successful practices in STEM education and
workforce development.
(7) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(8) Underrepresented minority.--The term ``underrepresented
minority'' has the meaning given the term ``minority'' in
section 637.4(b) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of this Act. | STEM Gateways Act - Directs the Secretary of Education to award competitive grants to eligible entities for science, technology, engineering, and mathematics (STEM) elementary and secondary school programs for women and girls, underrepresented minorities, and individuals from all economic backgrounds. Requires those programs to be directed toward at least one of the following goals: encouraging the interest of elementary and secondary school students in the STEM fields; motivating the engagement of those students in the STEM fields by providing them with relevant hands-on learning opportunities; supporting classroom success in the STEM disciplines by elementary and secondary school students; supporting STEM workforce training and career preparation for secondary school students; and improving the access of secondary school students to STEM career and continuing education opportunities. Defines an "eligible entity" as: (1) a local educational agency (LEA); (2) an educational service agency serving more than one LEA; (3) a consortium of LEAs; (4) nonprofit organizations that work with elementary schools, secondary schools, or institutions of higher education and have shown a commitment to achieving the goals listed above; or (5) community colleges working in partnership with secondary schools to create dual enrollment, credit transfer, or accelerated postsecondary credentialing opportunities. | {"src": "billsum_train", "title": "STEM Gateways Act"} | 2,311 | 261 | 0.508341 | 1.601871 | 0.92264 | 3.195833 | 9.591667 | 0.904167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban and Rural Disease Prevention
and Health Promotion Act of 2003''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) in 1999, 61 percent of adults in the United States were
overweight or obese;
(2) all age, racial, and ethnic groups, and both genders,
have experienced increases in the percentage of persons who are
overweight or obese;
(3) each year in the United States, approximately 300,000
deaths are associated with obesity;
(4) overweight and obesity are associated with heart
disease, certain types of cancer, type 2 diabetes, stroke,
arthritis, breathing problems, and psychological disorders,
such as depression;
(5) in 2000, the economic cost of obesity in the United
States was approximately $117,000,000,000;
(6) it is recommended that American adults accumulate at
least 30 minutes, and American children accumulate at least 60
minutes, of moderate physical activity most days of the week,
though more may be needed to prevent weight gain, to lose
weight, or to maintain weight loss;
(7) less than one-third of American adults engage in these
recommended amounts of physical activity;
(8) 40 percent of adults in the United States do not
participate in any leisure-time physical activity;
(9) physical activity is important in preventing and
treating overweight and obesity and is extremely helpful in
maintaining weight loss, especially when combined with healthy
eating;
(10) there is a direct positive relationship between the
level of individual and community use of public recreational
facilities and services, access to and condition of such
facilities, and the diversity and quality of services relative
to current and potential uses; and
(11) medical and other research document a direct positive
relationship between active recreation and disease prevention
and general wellness.
SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH
PROMOTION CENTERS.
(a) Authority.--The Secretary of Housing and Urban Development may
make grants and loans in accordance with this Act to eligible entities
under section 4 for the development of indoor centers for disease
prevention and health promotion.
(b) Centers.--For purposes of this Act, the term ``indoor disease
prevention and health promotion center'' means a structure or facility,
or a portion thereof, that--
(1) is used principally as an indoor recreational facility
providing services, programs, and activities that result in
disease prevention and health promotion, including direct
recreation services for individuals and groups, information on
public and personal health and wellness, health screening, and
other necessary services in collaboration with public and
private health professionals and other entities;
(2) is owned or controlled by the eligible entity that
receives the grant or loan under this Act;
(3) is available for use by, and provides services to,
residents of the jurisdiction of such eligible entity free of
charge or at a charge not exceeding that necessary to provide
for operation and maintenance of the facility and for
appropriate public recreation services; and
(4) is subject to such legally binding and enforceable
commitments, as the Secretary shall require, to ensure that the
structure or facility, or portion thereof, is used as provided
in paragraph (1) for the 25-year period beginning upon the
receipt of a grant or loan made under this Act; except that the
Secretary may, upon the request of an entity that received a
grant or loan under this Act, waive the applicability of such
commitments if the Secretary finds that--
(A) environmental or other conditions have
substantially reduced the public value of the facility
or public access to the facility; or
(B) the site or facility has substantially
deteriorated, through no fault of the entity that
received the grant or loan, and such entity enters into
an agreement with the Secretary to obtain or provide a
replacement facility that generally provides access to
services for persons that were served at the original
facility.
SEC. 4. ELIGIBLE ENTITIES.
Grants and loans under this Act may be made only to the following
entities:
(1) A unit of general local government.
(2) An official State, metropolitan, regional, or other
area agency, district, public-purpose corporation, or other
limited-purpose political subdivision of a State, that is
empowered under State or local laws or under an interstate
compact or agreement to manage, administer, or provide public
parks and recreational facilities.
(3) Public authorities or agencies associated with economic
or community development or restoration, whose activities
support capital investments for public recreation.
SEC. 5. ELIGIBLE USES OF ASSISTANCE.
Amounts from a grant or loan under this Act may be used only for
the development of indoor centers for disease prevention and health
promotion, which shall include the following activities:
(1) Planning.
(2) Design.
(3) Site acquisition, preparation, and construction.
(4) Assessment of, and response to, site environmental
conditions.
(5) Landscaping.
(6) New construction.
(7) Rehabilitation of existing recreational structures and
facilities.
(8) Enhancement and expansion of public infrastructure.
(9) Acquisition and conversion of existing non-recreational
structures and facilities.
SEC. 6. GRANT AND LOAN REQUIREMENTS.
(a) Amount.--The Secretary may not make a grant or loan under this
Act for any fiscal year to any eligible entity that has received a
grant or loan during any of the preceding three fiscal years.
(b) Loans.--Loans made with amounts made available under this Act
shall be subject to the following requirements:
(1) No interest loans.--Loans shall not bear interest.
(2) Term.--Loans shall have a term to maturity not to
exceed 10 years.
(3) Revolving loan fund.--Loan amounts repaid to the
Secretary shall be available to the Secretary, without fiscal
year limitation, for making additional loans under this Act.
(4) Other conditions.--Loans shall be subject to such other
terms and conditions as the Secretary may establish.
(c) Applications.--The Secretary shall provide for eligible
entities to submit applications for grants and loans under this Act.
(d) Selection Criteria.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall cause to be published in
the Federal Register a list of criteria for the selection of applicant
eligible entities for grants and loans under this Act. Such criteria
shall be based upon factors that the Secretary considers are
appropriate to determine need among communities for Federal financial
assistance for development of indoor disease prevention and health
promotion centers.
(e) Review of Applications and Selection.--
(1) Review panel.--The Secretary shall appoint a panel of
experts in the fields of public recreation, public health, and
community health care to review applications for grants and
loans under this Act and to make recommendations to the
Secretary for selection of such applications for grants and
loans based upon the criteria established pursuant to
subsection (d).
(2) Selection.--The Secretary shall select eligible
entities that have submitted applications for grants and loans
under this Act to receive such assistance, based upon the
criteria established pursuant to subsection (d) and taking into
consideration the recommendations of the panel established
pursuant to paragraph (1) of this subsection.
SEC. 7. ALLOCATION OF AMOUNTS.
(a) Regional Allocation.--Of any amounts made available for
assistance under this Act for each fiscal year--
(1) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of 50,000 or less; and
(2) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of more than 50,000.
(b) Allocation for Grants and Loans.--Of any amounts made available
for assistance under this Act for each fiscal year, the Secretary shall
make not more than 10 percent available for loans under this Act.
SEC. 8. MATCHING FUNDS REQUIREMENT.
(a) In General.--The amount of a grant made under this Act by the
Secretary to any eligible entity may not exceed the amount that the
eligible entity certifies, as the Secretary shall require, that the
entity will contribute from non-Federal sources for the activities
under section 5.
(b) Supplemental Funds.--In determining the amount contributed for
purposes of meeting the requirement under subsection (a), an eligible
entity may include the value of any donated material or building, the
value of any lease on a building, and the value of any administrative
or other costs incurred by an eligible entity relating to carrying out
the activities assisted with amounts provided under this Act and
amounts contributed under this section.
SEC. 9. LABOR.
(a) In General.--Any contract for activities described in section 5
for an indoor center for disease prevention and health promotion that
is developed in whole or in part with amounts made available under this
Act shall contain--
(1) a provision requiring that not less than the wages
prevailing in the locality, as determined or adopted
(subsequent to a determination under applicable State or local
law) by the Secretary, shall be paid to all architects,
technical engineers, draftsmen, and technicians employed in the
development of the center involved; and
(2) a provision requiring that not less than the wages
prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to subchapter IV of chapter 31 of title 40,
United States Code (40 U.S.C. 3141 et seq.), shall be paid to
all laborers and mechanics employed in the development of the
center involved.
(b) Compliance.--Each eligible entity receiving assistance under
this Act shall require certification as to compliance with the
provisions of this section before making any payment under such
contract.
(c) Inapplicability to Volunteers.--Subsection (a) shall not apply
if the individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which
the individual volunteered and such persons are not otherwise employed
at any time in the development work.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means
any entity that, under section 4, is eligible to receive a
grant or loan under this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for grants
and loans under this Act--
(1) $100,000,000 for fiscal year 2004;
(2) $125,000,000 for fiscal year 2005;
(3) $150,000,000 for fiscal year 2006;
(4) $175,000,000 for fiscal year 2007; and
(5) $200,000,000 for fiscal year 2008.
SEC. 12. REGULATIONS.
The Secretary may issue any regulations necessary to carry out
this Act. | Urban and Rural Disease Prevention and Health Promotion Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make grants and loans for the development of indoor centers for disease prevention and health promotion, specifically, indoor recreational facilities.Makes State and local government agencies and community development public authorities eligible for such grants and loans.Allocates funds according to population. Requires matching funds for grants. Requires compliance with the prevailing wage in the locality. | {"src": "billsum_train", "title": "To provide assistance for the development of indoor disease prevention and health promotion centers in urban and rural areas throughout the United States."} | 2,390 | 100 | 0.486823 | 1.242735 | 1.020268 | 3.142857 | 27.869048 | 0.904762 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are situated in the State of Tennessee the sites
of several key Civil War battles, campaigns, and engagements;
(2) certain sites, battlefields, structures, and areas in
Tennessee are collectively of national significance in the
history of the Civil War;
(3) the Civil War Sites Advisory Commission, established by
Congress in 1991, identified 38 sites in Tennessee as
significant;
(4) the preservation and interpretation of these sites will
make an important contribution to the understanding of the
heritage of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local
governments and their regional entities, and the private
sector, offer the most effective opportunities for the
enhancement and management of the Civil War battlefields and
related sites located in Tennessee.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, conserve, and interpret the legacy of the
Civil War in Tennessee;
(2) to recognize and interpret important events and
geographic locations representing key Civil War battles,
campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the Civil War
on the civilian population of Tennessee during the war and
postwar reconstruction period; and
(4) to create partnerships among Federal, State, and local
governments and their regional entities, and the private sector
to preserve, conserve, enhance, and interpret the battlefields
and associated sites associated with the Civil War in
Tennessee.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``national heritage area'' means the Tennessee
Civil War Heritage Area as designated pursuant to section 3.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``compact'' means the compact approved under
section 4.
(4) The term ``management plan'' means the management plan
submitted under section 5.
SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) Designation.--Upon publication by the Secretary in the Federal
Register of notice that a compact regarding the Tennessee Civil War
Heritage Area has been approved by the Secretary in accordance with
this Act, there shall be designated the Tennessee Civil War Heritage
Area.
(b) Boundaries.--The Tennessee Civil War Heritage Area shall be
comprised of areas of the State of Tennessee depicted on the map
entitled ``Tennessee Civil War Heritage Area''. The map shall be on
file and available for public inspection in the office of the Director
of the National Park Service.
(c) Administration.--The national heritage area shall be
administered in accordance with the compact and the management plan.
SEC. 4. COMPACT.
(a) Compact.--The compact referred to in section 3(a) shall include
information relating to the objectives and management of the area
proposed for designation as a national heritage area. Such information
shall include (but not be limited to) each of the following:
(1) A delineation of the boundaries of the proposed
National Heritage Area.
(2) A discussion of the goals and objectives of the
proposed national heritage area, including an explanation of
the approach, proposed by the partners referred to in paragraph
(4), to conservation and interpretation of resources.
(3) An identification and description of the management
entity that will administer the proposed national heritage
area.
(4) A list of the initial partners to be involved in
developing and implementing the management plan for the
proposed national heritage area, and a statement of the
financial commitment of the partners.
(5) A description of the role of the State of Tennessee.
(b) Preparation of and Actions Called For in Compact.--The compact
shall be prepared with public participation. Actions called for in the
compact shall be likely to be initiated within a reasonable time after
designation of the proposed national heritage area and shall ensure
effective implementation of the State and local aspects of the compact.
(c) Approval and Disapproval of Compacts.--(1) The Secretary, in
consultation with the Governor of Tennessee, shall approve or
disapprove the proposed compact not later than 90 days after receiving
such compact.
(2) If the Secretary disapproves a proposed compact, the Secretary
shall advise, in writing, the reasons for the disapproval and shall
make recommendations for revisions of the proposed compact. The
Secretary shall approve or disapprove a proposed revision to such a
compact within 90 days after the date on which the revision is
submitted to the Secretary.
SEC. 5. MANAGEMENT.
(a) Management Plans.--A management plan submitted under this Act
for the national heritage area shall present comprehensive
recommendations for the conservation, funding, management, and
development of the area. The management plan shall--
(1) be prepared with public participation;
(2) take into consideration existing Federal, State,
county, and local plans and involve residents, public agencies,
and private organizations in the area;
(3) include a description of actions that units of
government and private organizations are recommended to take to
protect the resources of the area;
(4) specify existing and potential sources of funding for
the conservation, management, and development of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources contained in the
national heritage area, including a list of property in
the area that should be conserved, restored, managed,
developed, or maintained because of the natural,
cultural, or historic significance of the property as
it relates to the themes of the area.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and the
recreational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan
by the management entity specified in the compact for
the area and specific commitments, for the first 5
years of operation of the plan, by the partners
identified in the compact.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(E) An interpretive plan for the National Heritage
Area.
(b) Management Entities.--The management entity for the national
heritage area shall do each of the following:
(1) Develop and submit to the Secretary a management plan
not later than three years after the date of the designation of
the area as a national heritage area.
(2) Give priority to the implementation of actions, goals,
and policies set forth in the compact and management plan for
the area, including--
(A) assisting units of government, regional
planning organizations, and nonprofit organizations--
(i) in conserving the national heritage
area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational
opportunities in the area;
(iv) in increasing public awareness of and
appreciation for the natural, historical, and
cultural resources of the area;
(v) in the restoration of historic
buildings that are located within the
boundaries of the area and relate to the themes
of the area; and
(vi) in ensuring that clear, consistent,
and environmentally appropriate signs
identifying access points and sites of interest
are put in place throughout the area; and
(B) consistent with the goals of the management
plan, encouraging economic viability in the affected
communities by appropriate means.
(3) In developing and implementing the management plan for
the area, consider the interests of diverse units of
government, businesses, private property owners, and nonprofit
groups within the geographic area.
(4) Conduct public meetings at least quarterly regarding
the implementation of the management plan for the area.
(c) Clearing House.--The Congress recognizes the Center for
Historic Preservation at Middle Tennessee State University as the
clearing house for the Tennessee Civil War Heritage Area.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Secretary of the Interior.--The Secretary--
(1) may provide technical assistance to units of government
and private nonprofit organizations regarding feasibility
studies and the compact and, upon request of the management
entity for the national heritage area, regarding the management
plan and its implementation;
(2) may not, as a condition of the award of technical
assistance under this section, require any recipient of such
technical assistance to enact or modify land use restrictions;
and
(3) may not make limitations on fishing, hunting, or
trapping a condition for the approval of the compact or the
determination of eligibility for technical assistance under
this section.
(b) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the national heritage area
shall consider the potential effect of the activity on the management
plan for the area and shall consult with the Governor of Tennessee with
respect to the activity to minimize the adverse effects of the activity
on the area.
SEC. 7. SAVINGS PROVISIONS.
(a) Lack of Effect on Authority of Governments.--Nothing in this
Act shall be construed to modify, enlarge, or diminish any authority of
the Federal, State, or local governments to regulate any use of land as
provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
Act shall be construed to grant powers of zoning or land use to any
management entity for the national heritage area.
(c) Fish and Wildlife.--The designation of the national heritage
area shall not diminish the authority of the State of Tennessee to
manage fish and wildlife, including the regulation of fishing and
hunting within such area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Designates the Tennessee Civil War Heritage Area in Tennessee upon notification in the Federal Register by the Secretary of the Interior that a compact relating to the objectives and management of the Area has been approved by the Secretary.
Requires the management plan to be developed and submitted to the Secretary by the management entity for the Area to present comprehensive recommendations for the conservation, funding, management, and development of the Area.
Recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearinghouse for the Area.
Authorizes appropriations. | {"src": "billsum_train", "title": "To designate the Tennessee Civil War Heritage Area, and for other purposes."} | 2,104 | 113 | 0.626674 | 1.56654 | 0.598536 | 4.960396 | 20.930693 | 0.960396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Rape Health Protection
Act''.
SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE.
(a) Grant Reduction for Noncompliance.--Section 506 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756)
is amended by adding at the end the following:
``(g) Sex Offender HIV Testing.--
``(1) In general.--The funds available under this subpart
for a State shall be reduced by 10 percent and redistributed
under paragraph (2) unless the State demonstrates to the
satisfaction of the Director that the laws or regulations of
the State with respect to a defendant against whom an
information or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the victim to
engage in a sexual act (as defined in subsection (f)(3)(B)),
the State requires as follows:
``(A) That the defendant be tested for HIV disease
if--
``(i) the nature of the alleged crime is
such that the sexual act would have placed the
victim at risk of becoming infected with HIV;
and
``(ii) the victim requests the test.
``(B) That if the conditions specified in
subparagraph (A) are met--
``(i) the defendant undergo the test not
later than--
``(I) 48 hours after the date on
which the information or indictment is
presented; or
``(II) 48 hours after the request
of the victim if that request is made
after the date on which the information
or indictment is presented;
``(ii) the results of the test shall be
confidential except as provided in clause (iii)
and except as otherwise provided under State
law; and
``(iii) that as soon as is practicable the
results of the test be made available to--
``(I) the victim; and
``(II) the defendant (or if the
defendant is a minor, to the legal
guardian of the defendant).
Nothing in this subparagraph shall be construed to bar
a State from restricting the victim's disclosure of the
defendant's test results to third parties as a
condition of making such results available to the
victim.
``(C) That if the defendant has been tested
pursuant to subparagraph (B), the defendant, upon
request of the victim, undergo such follow-up tests for
HIV as may be medically appropriate, and that as soon
as is practicable after each such test the results of
the test be made available in accordance with
subparagraph (B) (except that this subparagraph applies
only to the extent that the individual involved
continues to be a defendant in the judicial proceedings
involved, or is convicted in the proceedings).
``(2) Redistribution.--Any funds available for
redistribution shall be redistributed to participating States
that comply with the requirements of paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
(b) Conforming Amendment.--Section 506(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended by striking
``subsection (f),'' and inserting ``subsections (f) and (g),''.
(c) Funding.--Section 501(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) in paragraph (25), by striking ``and'' after the
semicolon;
(2) in paragraph (26), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(27) programs to test defendants for HIV disease in
accordance with the terms of subsection (g).''.
(d) Effective Date.--
(1) Program.--The amendments made by subsections (a) and
(b) shall take effect on the first day of the fiscal year
succeeding the first fiscal year beginning 2 years after the
date of the enactment of this Act.
(2) Funding.--The amendment made by subsection (c) shall
take effect on the date of enactment of this Act. | Allows funds reduced for noncompliance with such requirements to be redistributed to complying States. | {"src": "billsum_train", "title": "Victims of Rape Health Protection Act"} | 984 | 24 | 0.43051 | 1.099009 | 0.418465 | 1.266667 | 59.4 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federalism Enforcement Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) federalism is rooted in the knowledge that political
liberties are best assured by limiting the size and scope of
the national government;
(2) the people of the States created the national
government when the people delegated those enumerated
governmental powers relating to matters beyond the competence
of the individual States;
(3) all other sovereign powers, except those expressly
prohibited the States by the United States Constitution, are
reserved to the States or to the people as the tenth amendment
to the United States Constitution requires;
(4) the constitutional relationship among sovereign
governments, State and national, is formalized in and protected
by the tenth amendment to the United States Constitution;
(5) the people of the States are free, subject only to
restrictions in the United States Constitution or in
constitutionally authorized Acts of Congress, to define the
moral, political, and legal character of their lives;
(6) in most areas of governmental concern, the States
uniquely possess the constitutional authority, resources, and
the competence to discern the sentiments of the people and to
govern accordingly;
(7) the nature of the constitutional system of the United
States encourages a healthy diversity in the public policies
adopted by the people of the several States according to their
conditions, needs, and desires;
(8) in the search for enlightened public policy, individual
States and communities are free to experiment with a variety of
approaches to public issues;
(9) acts of the national government, whether executive,
legislative, or judicial in nature, that exceed the enumerated
powers of that government under the United States Constitution
violate the principle of federalism established by the framers;
(10) policies of the national government should recognize
the responsibility of, and should encourage opportunities for,
individuals, families, neighborhoods, local governments, and
private associations to achieve their personal, social, and
economic objectives through cooperative effort;
(11) in the absence of clear constitutional or statutory
authority, the presumption of sovereignty should rest with the
individual States; and
(12) uncertainties regarding the legitimate authority of
the national government should be resolved against regulation
at the national level.
SEC. 3. FEDERALISM POLICYMAKING CRITERIA.
The executive departments and agencies shall consider, to the
extent permitted by law, the following criteria to inform agency
discretion when formulating and implementing policies that have
federalism implications:
(1) There should be strict adherence to constitutional
principles. Executive departments and agencies should closely
examine the constitutional and statutory authority supporting
any Federal action that would limit the policymaking discretion
of the States, and should carefully assess the necessity for
such action. To the extent practicable, the States should be
consulted before any such action is implemented.
(2) Federal action limiting the policymaking discretion of
the States should be taken only where constitutional authority
for the action is clear and certain, and the national activity
is necessitated by the presence of a problem of national scope.
(3) There should be recognition of the distinction between
problems of national scope (which may justify Federal action)
and problems that are merely common to the States (which will
not justify Federal action because individual States, acting
individually or together, can effectively manage such issues).
(4) Constitutional authority for Federal action is clear
and certain only when authority for the action may be found in
a specific provision of the Constitution, when there is no
provision in the Constitution prohibiting Federal action, and
when the action does not encroach upon authority reserved to
the States.
(5) With respect to national policies administered by the
States, the national government should grant the States the
maximum administrative discretion possible. Intrusive Federal
oversight of State administration is neither necessary nor
desirable.
(6) When undertaking to formulate and implement policies
that have federalism implications, executive departments and
agencies shall--
(A) encourage States to develop policies to achieve
program objectives and to work with appropriate
officials in other States;
(B) refrain, to the maximum extent possible, from
establishing uniform, national standards for programs
and, when possible, defer to the States to establish
standards; and
(C) when national standards are required, consult
with appropriate officials and organizations
representing the States in developing those standards.
SEC. 4. SPECIAL REQUIREMENTS FOR PREEMPTION.
The executive departments and agencies shall consider, to the
extent permitted by law, the following criteria to inform agency
discretion when formulating and implementing policies that have
preemption implications:
(1) Executive departments and agencies should construe, in
regulations and otherwise, a Federal statute to preempt a State
law only when the statute contains an express preemption
provision, when there is some other firm and palpable evidence
compelling the conclusion that Congress intended preemption of
State law, or when the exercise of State authority directly
conflicts with the exercise of Federal authority under the
Federal statute.
(2) If a Federal statute does not preempt State law under
paragraph (1), executive departments and agencies should
construe any authorization in the statute for the issuance of
regulations as authorizing preemptive regulations only when the
statute expressly authorizes issuance of preemptive regulations
or when there is some other firm and palpable evidence
compelling the conclusion that Congress intended to delegate to
the department or agency the authority to issue regulations
preempting State law.
(3) Any regulatory preemption of State law should be
restricted to the minimum level necessary to achieve the
objectives of the statute pursuant to which the regulations are
promulgated.
(4) When an executive department or agency foresees the
possibility of a conflict between State law and federally
protected interests within its area of regulatory
responsibility, the department or agency should consult, to the
extent practicable, with appropriate officials and
organizations representing the States in an effort to avoid
such a conflict.
(5) When an executive department or agency proposes to act
through adjudication or rulemaking to preempt State law, the
department or agency should provide all affected States notice
and an opportunity for appropriate participation in the
proceedings.
SEC. 5. SPECIAL REQUIREMENTS FOR LEGISLATIVE PROPOSALS.
It is the sense of Congress that executive departments and agencies
should not submit to Congress legislation that would--
(1) directly regulate the States in ways that would
interfere with functions essential to the States' separate and
independent existence or operate to directly displace the
States' freedom to structure integral operations in areas of
traditional governmental functions;
(2) attach to Federal grants conditions that are not
directly related to the purpose of the grant; or
(3) preempt State law, unless preemption is consistent with
the fundamental federalism principles set forth in section 2,
and unless a clearly legitimate national purpose, consistent
with the federalism policymaking criteria set forth in section
3, cannot otherwise be met.
SEC. 6. AGENCY IMPLEMENTATION.
(a) In General.--The head of each executive department and agency
shall designate an official to be responsible for ensuring the
implementation of this Act.
(b) Federalism Assessment.--In addition to whatever other actions
the designated official may take to ensure implementation of this Act,
the designated official shall determine which proposed policies have
sufficient federalism implications to warrant the preparation of a
federalism assessment. With respect to each such policy for which an
affirmative determination is made, a federalism assessment, as
described in subsection (c) of this section, shall be prepared. The
department or agency head shall consider any such assessment in all
decisions involved in promulgating and implementing the policy.
(c) Contents.--Each federalism assessment shall accompany any
submission concerning the policy that is made to the Office of
Management and Budget pursuant to Executive Order No. 12866, and
shall--
(1) contain the designated official's certification that
the policy has been assessed in light of the principles,
criteria, and requirements stated in sections 2 through 5 of
this Act;
(2) identify any provision or element of the policy that is
inconsistent with the principles, criteria, and requirements
stated in sections 2 through 5 of this Act;
(3) identify the extent to which the policy imposes
additional costs or burdens on the States, including the likely
source of funding for the States and the ability of the States
to fulfill the purposes of the policy; and
(4) identify the extent to which the policy would affect
the States' ability to discharge traditional State governmental
functions, or other aspects of State sovereignty.
SEC. 7. GOVERNMENT-WIDE FEDERALISM COORDINATION AND REVIEW.
(a) In General.--In implementing Executive Order No. 12866, the
Office of Management and Budget, to the extent permitted by law and
consistent with the provisions of such order, shall take action to
ensure that the policies of the executive departments and agencies are
consistent with the principles, criteria, and requirements stated in
sections 2 through 5 of this Act.
(b) Federalism Concerns.--In submissions to the Office of
Management and Budget pursuant to Executive Order No. 12866, executive
departments and agencies shall identify proposed regulatory and
statutory provisions that have significant federalism implications and
shall address any substantial federalism concerns. Where the
departments or agencies determines it appropriate, substantial
federalism concerns shall also be addressed in notices of proposed
rulemaking and messages transmitting legislative proposals to Congress. | Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required.
States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable.
Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings.
Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met.
Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements.
Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns. | {"src": "billsum_train", "title": "Federalism Enforcement Act of 1998"} | 1,970 | 734 | 0.608206 | 2.160267 | 0.827166 | 5.170088 | 2.85044 | 0.973607 |
SECTION 1. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) properly conducted intercollegiate athletic programs
contribute to the beneficial development of student athletes
and the vibrancy of campus life at institutions of higher
education;
(2) recent events pose grave threats to the financial
stability of athletic programs at institutions of higher
education and create pressure on institutions of higher
education to consider eliminating non-revenue Olympic sports or
increasing general fund, student fee, and donor subsidies to
athletics at a time when such resources are needed for priority
academic programs;
(3) there are concerns about the health and safety needs of
student athletes with regard to adequacy of injury protections
and other medical protocols;
(4) academic integrity at institutions of higher education
is threatened by increased incidences of academic fraud
involving student athletes, failure to provide adequate
remedial programs for academically unprepared admitted
athletes, and excessive athletics time demands;
(5) student athletes faced with loss of financial aid and
other benefits and National Collegiate Athletic Association
(NCAA) member institutions in danger of financial penalties,
loss of media rights, and public embarrassment due to alleged
rules violations are not being afforded adequate due process;
(6) the NCAA, member institutions of the NCAA, and college
presidents have not adequately addressed these issues; and
(7) reform is so complex and important to higher education
that a blue ribbon commission of sport experts and members of
Congress should be convened to objectively study these issues
and propose solutions.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Presidential
Commission on Intercollegiate Athletics.
SEC. 3. DUTIES.
(a) Review.--The Commission shall review and analyze the following
issues related to intercollegiate athletics:
(1) The interaction of athletics and academics, including--
(A) the extent to which existing athletic practices
allow student athletes to succeed as both students and
athletes;
(B) how athletics affect the academic mission,
academic integrity, and credit worthiness of
institutions of higher education;
(C) graduation rates of student athletes; and
(D) standards of academic eligibility for
participation in and terms of scholarships for student
athletes.
(2) The financing of intercollegiate athletics, including--
(A) sources of revenue, including student fees,
media contracts, and licensing agreements;
(B) expenditures of revenue, including compliance
with title IX of the Education Amendments of 1972,
coaching salaries, and facilities development;
(C) the ability of institutions of higher education
to finance intercollegiate athletics;
(D) the financial transparency of intercollegiate
athletics;
(E) the criteria for receipt of financial
disbursements or rewards from athletic membership
associations;
(F) rules related to earnings and benefits by
student athletes, including the possibility of
commercial compensation for the use of the names,
images, and likenesses of student athletes and whether
a student athlete may retain a personal representative
to negotiate on behalf of the student athlete;
(G) tax regulations related to revenue from
intercollegiate athletics; and
(H) Federal judicial decisions that affect
compensation for student athletes or the right of
student athletes to organize as a collective bargaining
unit.
(3) Recruitment and retention of student athletes,
including rules related to--
(A) professional sports participation;
(B) transfer of student athletes to other
institutions; and
(C) recruitment and representations made to
potential student athletes.
(4) Oversight and governance practices.
(5) Health and safety protections for student athletes.
(6) Due process and other protections related to the
enforcement of rules and regulations related to student
athletes.
(7) Any other issues the Commission considers relevant to
understanding the state of intercollegiate athletics.
(b) Recommendations.--The Commission shall develop recommendations
regarding the issues identified in subsection (a) based on the review
and analysis of the issues under such subsection.
SEC. 4. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 17 members
appointed as follows:
(1) Five members appointed by the President, in
consultation with the Secretary of Education and the Attorney
General.
(2) Three members appointed by the Speaker of the House of
Representatives, including--
(A) one Member of the House of Representatives; and
(B) two individuals who are not Members of
Congress.
(3) Three members appointed by the minority leader of the
House of Representatives, including--
(A) one Member of the House of Representatives; and
(B) two individuals who are not Members of
Congress.
(4) Three members appointed by the majority leader of the
Senate, including--
(A) one Member of the Senate; and
(B) two individuals who are not Members of
Congress.
(5) Three members appointed by the minority leader of the
Senate, including--
(A) one Member of the Senate; and
(B) two individuals who are not Members of
Congress.
(b) Qualifications.--Appointments shall be made from individuals
who are specially qualified to serve on the Commission by virtue of
their education, training, or experience.
(c) Vacancy.--Any vacancy on the Commission shall not affect the
powers of the Commission, but shall be filled in the manner in which
the original appointment was made.
(d) Chair.--The Chair of the Commission shall be elected by the
members.
(e) Reimbursement; Service Without Pay.--Members of the Commission
shall serve without pay, except members of the Commission shall be
entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of the
Commission, in the same manner as persons employed intermittently by
the Federal Government are allowed expenses under section 5703 of title
5, United States Code.
SEC. 5. STAFF.
The Commission may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this paragraph may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
SEC. 6. MEETINGS.
(a) In General.--The Commission shall meet at the call of the Chair
or of a majority of its members.
(b) First Meeting.--The first such meeting shall occur not later
than 90 days after the date of the enactment of this Act.
SEC. 7. POWERS.
(a) In General.--The Commission may, for the purpose of carrying
out this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Delegation.--Any member or agent of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
(c) Access to Information.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Commission, the
head of such department or agency shall furnish such information to the
Commission.
(d) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(e) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request that are
necessary for the Commission to carry out its responsibilities under
this Act.
SEC. 8. REPORT.
Not later than the date that is 1 year after the date of the first
meeting of the Commission, the Commission shall submit to the President
and the Congress a written report of its findings and recommendations
based on the review and analysis required by section 3.
SEC. 9. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the Commission submits the report required by section
8.
SEC. 10. DEFINITIONS.
(a) Commission.--In this Act, the term ``Commission'' means the
Presidential Commission on Intercollegiate Athletics established by
section 2.
(b) Institution of Higher Education.--In this Act, the term
``institution of higher education'' means any institution that--
(1) meets the definition in section 102(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)(1)); and
(2) has student athletes who are eligible for Federal
student loans. | Establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on the following issues related to intercollegiate athletics: the interaction of athletics and academics, the financing of intercollegiate athletics, the recruitment and retention of student athletes, oversight and governance practices, health and safety protections for student athletes, due process and other protections related to the enforcement of student athlete rules and regulations, and any other issues the Commission considers relevant to understanding the state of intercollegiate athletics. | {"src": "billsum_train", "title": "To establish a commission to identify and examine issues of national concern related to the conduct of intercollegiate athletics, to make recommendations for the resolution of the issues, and for other purposes."} | 1,855 | 110 | 0.627837 | 1.575333 | 1.189781 | 5.063158 | 19.157895 | 0.978947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Superfund Polluter Pays Act''.
SEC. 2. EXTENSION OF SUPERFUND TAXES.
(a) Excise Taxes.--
(1) In general.--Section 4611(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing
Rate.--The Hazardous Substance Superfund financing rate under this
section shall apply after December 31, 1986, and before January 1,
1996, and after the date of the enactment of this subsection and before
January 1, 2021.''.
(2) Technical amendments.--
(A) Section 4611(b) of such Code is amended--
(i) by striking ``or exported from'' in
paragraph (1)(A),
(ii) by striking ``or exportation'' in
paragraph (1)(B), and
(iii) by striking ``and Exportation'' in
the heading.
(B) Section 4611(d)(3) of such Code is amended--
(i) by striking ``or exporting the crude
oil, as the case may be'' in the text and
inserting ``the crude oil'', and
(ii) by striking ``or exports'' in the
heading.
(b) Corporate Environmental Income Tax.--
(1) Subchapter A of chapter 1 of the Internal Revenue Code
of 1986 is amended to read as follows:
``PART VII--ENVIRONMENTAL TAX
``Sec. 59A. Environmental tax.
``SEC. 59A. ENVIRONMENTAL TAX.
``(a) Imposition of Tax.--In the case of a corporation, there is
hereby imposed (in addition to any other tax imposed by this subtitle)
a tax equal to 0.12 percent of the excess of--
``(1) the modified alternative minimum taxable income of
such corporation for the taxable year, over
``(2) $2,000,000.
``(b) Modified Alternative Minimum Taxable Income.--For purposes of
this section, the term `modified alternative minimum taxable income'
means alternative minimum taxable income (as defined in section
55(b)(2)) but determined without regard to--
``(1) the alternative tax net operating loss deduction (as
defined in section 56(d)), and
``(2) the deduction allowed under section 164(a)(5).
``(c) Exception for RICs and REITs.--The tax imposed by subsection
(a) shall not apply to--
``(1) a regulated investment company to which part I of
subchapter M applies, and
``(2) a real estate investment trust to which part II of
subchapter M applies.
``(d) Special Rules.--
``(1) Short taxable years.--The application of this section
to taxable years of less than 12 months shall be in accordance
with regulations prescribed by the Secretary.
``(2) Section 15 not to apply.--Section 15 shall not apply
to the tax imposed by this section.
``(e) Application of Tax.--The tax imposed by this section shall
apply to taxable years beginning after the date of the enactment of
this subsection and before January 1, 2021.''.
(2) Conforming amendments.--
(A) Paragraph (2) of section 26(b) of such Code is
amended by inserting after subparagraph (A) the
following:
``(B) section 59A (relating to environmental
tax),''.
(B) Section 164(a) of such Code is amended by
adding at the end the following:
``(5) The environmental tax imposed by section 59A.''.
(C) Section 275(a) of such Code is amended by
adding at the end the following: ``Paragraph (1) shall
not apply to the tax imposed by section 59A.''.
(D) Section 882(a)(1) of such Code is amended by
inserting ``59A,'' after ``55,''.
(E) Section 1561(a) of such Code is amended--
(i) by striking ``and'' at the end of
paragraph (2), by striking the period at the
end of paragraph (3) and inserting ``, and'',
and by inserting after paragraph (3) the
following:
``(4) one $2,000,000 amount for purposes of computing the
tax imposed by section 59A.''; and
(ii) by striking ``and the amount specified
in paragraph (3)'' and inserting ``, the amount
specified in paragraph (3), and the amount
specified in paragraph (4)''.
(F) Section 6425(c)(1)(A) of such Code is amended
by striking ``plus'' at end of clause (i), by striking
``over'' and inserting ``plus'' at the end of clause
(ii), and by inserting after clause (ii) the following:
``(iii) the tax imposed by section 59A,
over''.
(G) Section 6655 of such Code is amended--
(i) in subsections (e)(2)(A)(i) and
(e)(2)(B)(i), by striking ``taxable income and
alternative minimum taxable income'' and
inserting ``taxable income, alternative minimum
taxable income, and modified alternative
minimum taxable income'',
(ii) in subsection (e)(2)(B), by adding at
the end the following:
``(iii) Modified alternative minimum
taxable income.--The term `modified alternative
minimum taxable income' has the meaning given
to such term by section 59A(b).'', and
(iii) in subsection (g)(1)(A), by striking
``plus'' at the end of clause (ii), by
redesignating clause (iii) as clause (iv), and
by inserting after clause (ii) the following:
``(iii) the tax imposed by section 59A,
plus''.
(H) Section 9507(b)(1) of such Code is amended by
inserting ``59A,'' after ``section''.
(I) The table of parts for subchapter A of chapter
1 of such Code is amended by inserting after the item
relating to part VI the following:
``Part VII. Environmental Tax''.
(c) Effective Dates.--
(1) Excise taxes.--The amendments made by subsections (a)
and (c) shall take effect on the date of the enactment of this
Act.
(2) Income tax.--The amendment made by subsection (b) shall
apply to taxable years beginning after the date of the
enactment of this Act. | Superfund Polluter Pays Act Amends the Internal Revenue Code to reinstate and extend through December 31, 2020, the Hazardous Substance Superfund financing rate and the corporate environmental income tax. | {"src": "billsum_train", "title": "Superfund Polluter Pays Act"} | 1,532 | 40 | 0.560812 | 1.182271 | 0.87445 | 2.69697 | 40.484848 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fit to Serve Act''.
SEC. 2. INFORMATION FOR MILITARY RECRUITS ON HEALTHY WEIGHT.
(a) In General.--Commencing not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense may provide for
the dissemination of information on healthy weight to potential
military recruits.
(b) Covered Information.--The information provided under subsection
(a) may include the following:
(1) Information on the healthy weight of various
populations of potential military recruits, set forth by age,
height, sex, and other applicable factors.
(2) Information to assist potential recruits in calculating
and tracking body mass index (BMI), and in determining whether
they are obese or at risk for obesity.
(3) Information on the risks of obesity.
(4) Information on the importance of healthy weight for
military service.
(5) Information on how to achieve and maintain a healthy
weight.
(c) Means and Locations of Dissemination.--
(1) Electronic dissemination.--Information may be provided
under subsection (a) electronically through the following:
(A) Internet websites of each Armed Force devoted
to recruiting.
(B) Internet websites of particular units of the
Armed Forces, if appropriate.
(C) Internet websites of the military service
academies and other appropriate Department of Defense
schools.
(D) Internet websites for the Senior Reserve
Officers' Training Corps (ROTC) and the Junior Reserve
Officers' Training Corps (JROTC).
(2) Dissemination in writing.--Information may be provided
under subsection (a) in written form at appropriate locations
to the following:
(A) Potential recruits visiting military recruiting
locations.
(B) Members of the Armed Forces on active duty.
(C) Cadets and midshipmen attending the military
service academies, State-sponsored military academies,
institutions of higher education that maintain a corps
of cadets, and military preparatory schools.
(D) Participants in the Senior Reserve Officers'
Training Corps and the Junior Reserve Officers'
Training Corps.
SEC. 3. JOINT USE AGREEMENTS ON USE OF MILITARY ATHLETIC FACILITIES BY
NON-GOVERNMENT CIVILIANS.
(a) Agreements Authorized.--Each Secretary of a military department
may enter into joint use agreements with local governments in the
vicinity of military installations under the jurisdiction of such
Secretary in order to permit use of athletic facilities at such
installations by non-Government civilians who reside within the
jurisdiction of such local governments.
(b) Protection of Security.--
(1) Exclusion of certain installations.--The Secretary of a
military department may not enter into a joint use agreement
under subsection (a) with respect to an installation if the
Secretary determines that sensitive activities at the
installation would make the use of athletic facilities of the
installation by non-Government civilians, or the presence of
such civilians at the installation in connection with such use,
inadvisable.
(2) Use by cleared personnel.--The Secretary of a military
department may require in a joint use agreement under
subsection (a) that--
(A) a security or other appropriate clearance shall
be a condition to the use of the athletic facilities
covered by the agreement by non-Government civilians
permitted such use under the agreement; and
(B) non-Government civilians using such facilities
under the agreement shall comply with such security
procedures and requirements as the commander of the
installation concerned shall establish.
(c) Model Agreement.--The Secretary of Defense may, for purposes of
facilitating entry into joint use agreements under subsection (a)--
(1) provide for the development of a model joint use
agreement for purposes of that subsection which shall, to the
extent appropriate, be based on appropriate model agreements
developed by the National Policy and Legal Analysis Network
(NPLAN); and
(2) authorize the Secretaries of the military departments
to develop standardized guidelines on security clearances and
other security requirements to be required in connection with
the use of athletic facilities by non-Government civilians
under such agreements. | Fit to Serve Act - Authorizes the Secretary of Defense (DOD) to provide for the dissemination to potential military recruits of information on healthy body weight. Includes in the information that may be provided healthy weight according to age, height, and gender, the risks of obesity, and achieving and maintaining a healthy weight. Authorizes the dissemination of such information both electronically and in writing. Authorizes each military department Secretary to enter into joint use agreements with local governments in the vicinity of military installations in order to permit the use of athletic facilities at such installations by local civilians. | {"src": "billsum_train", "title": "Fit to Serve Act"} | 910 | 122 | 0.654586 | 1.726803 | 0.578461 | 2.972477 | 7.651376 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Readiness Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``career guidance counselor'' means an
individual who is certified in career guidance and who assists
students with evaluating career options, opportunities,
planning, and decisionmaking and in seeking and obtaining
employment.
(2) The term ``generic skills'' means cross-industry,
cross-occupation skills which are necessary for all individuals
to have to be effective participants in the workforce.
(3) The term ``Secretary'' means the Secretary of
Education.
(4) The term ``school-to-work transition'' means the
process by which students acquire academic and occupational
skills and work experience to assist in the transition from
school to employment.
TITLE I--NATIONAL BOARD ON WORKFORCE SKILLS
SEC. 101. ESTABLISHMENT.
There is established a National Board on Workforce Skills for the
21st Century (in this title referred to as the ``National Board'').
SEC. 102. PURPOSE.
It is the purpose of this title to oversee the development of
voluntary national standards that will identify the generic workplace
readiness skills which employers agree all students should have upon
completion of high school in order to be effective participants in the
workforce.
SEC. 103. DUTIES.
The National Board shall--
(1) work with employers and educators to establish, through
a broad public process, voluntary national standards that will
identify the generic workplace readiness skills which employers
agree that students should have upon completion of high school;
(2) in developing such standards, take into consideration
current work in this area undertaken under other auspices,
including activities carried out under title II;
(3) consult with industry-specific occupational boards
formulate work-ready skills standards;
(4) conduct research and evaluation activities necessary to
determine the relationship between possession of skills and
increased work performance;
(5) update such skills as the skill requirements of the
economy change;
(6) conduct research and demonstration activities which
include the development and testing of models for integrating
skills into the school-based learning in the K-12 grades,
giving priority to models which integrate academic and
workplace instruction beginning in elementary school grades;
(7) release draft standards for broad review and comment,
and ensure the input of a broad range of employers including
small businesses;
(8) once the final standards have been approved by the
National Board, work with consortia of employers, labor, and
education representatives to incorporate the standards into
State and local systemic education reform efforts; and
(9) recommend procedures for the dissemination of
information and the provision of technical assistance to
consortia of business, labor, and education.
SEC. 104. COMPOSITION.
The National Board shall be composed of 23 members appointed in
accordance with section 105, representing business and industry, labor,
education, and local government. The National Board shall reflect a
broad range of businesses, including representatives from the
manufacturing, financial, and service sectors.
SEC. 105. MEMBERSHIP.
Members of the National Board shall be appointed as follows:
(1) 7 members, of which at least 3 shall be Baldrige Award
winners, shall be appointed by the Speaker of the House of
Representatives, upon recommendations of the majority and
minority leaders of the House, respectively.
(2) 7 members, of which at least 3 shall be Baldrige Award
winners, shall be appointed by the President pro tempore of the
Senate, upon recommendations of the majority and minority
leaders of the Senate, respectively.
(3) 7 members, of which at least 3 shall be Baldrige Award
winners, shall be appointed by the President of the United
States.
SEC. 106. EX OFFICIO MEMBERS.
The Secretary of education and the Secretary of Labor shall serve
as ex officio members of the National Board.
SEC. 107. TERMS OF APPOINTEES.
(a) Initial Appointments.--The members of the National Board
appointed under paragraph 1 of section 105 shall be appointed for a
term of 3 years, the members appointed under paragraph 2 of section 105
shall be appointed for a term of 4 years, and the members appointed
under paragraph 3 of section 105 shall be appointed for a term of 5
years.
(b) Subsequent Terms.--After the terms under subsection (a) are
served, each member appointed subsequently shall be appointed for a 3-
year term.
SEC. 108. CHAIRPERSON.
The National Board shall annually elect a Chairperson from among
its members who shall serve for a term of 1 year.
SEC. 109. COMPENSATION AND EXPENSES.
(a) Compensation.--Members of the National Board shall serve
without compensation.
(b) Expenses.--While away from their homes or regular places of
business on the business of the National Board, members of the Board
may be allowed travel expenses, including per diem in lieu of
subsistence, as is authorized under section 5703 of title 5, United
States Code.
(c) Staff.--The National Board shall appoint an Executive Director
who shall be compensated at a rate determined by the National Board not
to exceed level 15 of the General Schedule under title 5, United States
Code, and who may appoint such staff as is necessary.
TITLE II--SCHOOL-TO-WORK TRANSITION PROGRAMS
SEC. 201. PURPOSE.
It is the purpose of this title to develop school-to-work
transition programs which provide students with the education and
skills necessary to enter the workplace ready to perform and able to
attain a satisfactory standard of living.
SEC. 202. GRANT AUTHORIZATION.
(a) In General.--The Secretary is authorized to make grants to
local educational agencies to develop, implement, or expand programs
which integrate workplace skills into the regular school curriculum in
order to facilitate the transition from school to work.
(b) Equitable Distribution of Assistance.--In approving grants
under this title, the Secretary shall assure an equitable distribution
of assistance among the States and among urban and rural areas of the
States.
SEC. 203. APPLICATIONS.
(a) In General.--A local educational agency that desires to receive
a grant under this title shall submit an application to the Secretary
at such time, in such form, and containing such information that the
Secretary may reasonably require.
(b) Contents of Application.--Such application shall include--
(1) the composition of the business/industry/labor
partnership with which the local education agency will work to
develop and implement an effective school-to-work transition
program;
(2) a description of how funds will be used;
(3) a description of how the program will be coordinated
with K-12 vocational educational programs; and
(4) an assurance that the applicant shall maintain data and
information regarding the program, including the number of
students served.
SEC. 204. USES OF FUNDS.
(a) Requirements.--Grants made available under this title shall be
used by local educational agencies working to develop and implement
comprehensive school-to-work transition which shall include processes
and procedures for--
(1) enabling students to gain a better understanding of
skill necessary for the workplace through work site visits,
demonstrating and using of business technologies in the
classroom, and bringing representatives of business and
organized labor into the classroom;
(2) developing or adopting curricula and instructional
materials which incorporate generic workplace skills;
(3) expanding opportunities for students to enter career
preparation programs that integrate academic instruction with
workplace instruction;
(4) providing career guidance counselors to assist students
seeking job placement or further occupational specific
education; and
(5) professional development strategies for teachers,
principals, counselors, and other school personnel to further
the purposes of this title.
(b) Optional Activities.--A local educational agency may--
(1) initiate a flexible school schedule to enable students
to spend adequate time in the classroom and at the workplace;
and
(2) design programs which enhance opportunities for
students to enter into programs leading to an associate degree
in an occupational field or program authorized under part E,
title III of the Carl Perkins Vocational and Applied Technology
Education Act.
SEC. 205. ALLOTMENT OF FUNDS.
(a) Federal Share.--The Federal share of a grant under this title
may not exceed--
(1) 90 percent of the total cost of a project for the first
year for which the project receives assistance under this
title, and
(2) 75 percent of such cost for the second such year and
each subsequent year.
(b) Other Sources.--The share of payments from sources other than
funds appropriated under this title may be in cash or in-kind fairly
evaluated.
SEC. 206. REPORTING.
(a) Reports to Secretary.--A local educational agency that receives
a grant under this title shall submit a report to the Secretary each
year.
(b) Report to the Congress.--The Secretary shall submit to the
Congress a biannual report.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$100,000,000 for fiscal year 1993 and such sums as may be necessary for
each of the fiscal years 1994, 1995, 1996, and 1997 for grants to local
educational agencies for the development and implementation of programs
under this title to assist students to make the transition from school
to work.
(b) Funds for National Board.--Of the funds authorized under
subsection (a), 5 percent shall be reserved for activities authorized
under title I of this Act. | Workforce Readiness Act of 1993 -
Title I: National Board on Workforce Skills
- Establishes a National Board on Workforce Skills for the 21st Century.
Title II: School-to-Work Transition Programs
- Authorizes the Secretary of Education to make grants to local educational agencies to develop, implement, or expand programs which integrate workplace skills into the regular school curriculum to facilitate the transition from school to work. Sets forth reporting requirements.
Authorizes appropriations for such grants and for the National Board. | {"src": "billsum_train", "title": "Workforce Readiness Act of 1993"} | 2,079 | 113 | 0.607564 | 1.641626 | 1.236744 | 5.2 | 19.76 | 0.9 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supporting
Colorectal Examination and Education Now Act of 2011'' or the ``SCREEN
Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Temporary increase in payment rate for certain cancer screening
tests.
Sec. 4. Waiving Medicare cost-sharing for colorectal cancer screening
with therapeutic effect.
Sec. 5. Medicare coverage for an office visit or consultation prior to
a qualifying screening colonoscopy.
Sec. 6. Budget neutrality.
Sec. 7. Expansion of coverage of activities related to recommended
preventive health services under private
health insurance.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Colon cancer is the third most common cause of cancer-
related deaths and the second most common cancer for both men
and women.
(2) According to the American Cancer Society, over 50,000
people will die this year from colon cancer.
(3) Colorectal cancer is highly treatable with appropriate
screening. According to the American Cancer Society (2010 Facts
& Figures), the 5-year survival rate is 90 percent for those
individuals who are diagnosed at an early stage of the cancer.
However, less than 40 percent of colon cancer cases are
diagnosed at an early stage.
(4) The Centers for Disease Control and Prevention recently
estimated that approximately 2,000 deaths could be avoided if
colonoscopy screening rates rose by just 10 percent.
(5) Colonoscopies allow for simultaneous colorectal cancer
screenings and detection and the removal of precancerous
polyps, thus preventing cancer from developing.
(6) The U.S. Preventive Services Task Force provides an
``A'' rating for colorectal cancer screenings.
(7) The Centers for Disease Control and Prevention's
colorectal cancer control program has set a target of screening
80 percent of eligible adults in certain States by 2014. The
American Cancer Society and other patient advocacy groups have
a target rate of 75 percent.
(8) Only between 52 and 58 percent of Medicare
beneficiaries have had any colorectal cancer screening test,
despite Medicare coverage for such tests.
(9) Only 49.3 percent of Medicare beneficiaries who are 50
to 80 years old receive colorectal cancer screenings within
recommended intervals.
(10) The Centers for Medicare & Medicaid Services notes
that there is ``clearly an opportunity to improve colorectal
cancer screening rates in the Medicare population''.
(11) A January 2011 study by the Colon Cancer Alliance
concludes that most Americans over the age of 50--
(A) wish a health care provider was able to sit
down with them to discuss a colonoscopy before
undergoing the test; and
(B) forgo a colonoscopy due to fear of the
procedure.
(12) In February 2010, the National Institutes of Health
hosted a conference on colorectal cancer screening and cited
patient awareness and fears as barriers to increasing
colorectal cancer screening rates.
(13) According to the Medicare Payment Advisory Commission,
colonoscopy is one of the most common procedures performed in
the ambulatory surgical centers (ASCs) and ``the decline in
payment rate for the highest volume procedures is especially a
strong concern for ASCs that focus on gastroenterology''.
(14) An Institute of Medicine study on colorectal cancer
screening cited the inadequate reimbursement for preventive
care services as one of the constraints limiting colorectal
cancer screening rates.
(15) Colorectal cancer screening by colonoscopy has been
demonstrated to reduce Medicare costs over the long-term.
SEC. 3. TEMPORARY INCREASE IN PAYMENT RATE FOR CERTAIN CANCER SCREENING
TESTS.
(a) In General.--With respect to a qualifying cancer screening test
furnished during the 5-year period beginning on January 1, 2013, by a
qualifying provider, the amount otherwise payable under section 1833 or
section 1848 of the Social Security Act (42 U.S.C. 1395l, 1395w-4) to
such provider for such test shall be increased by 10 percent.
(b) Qualifying Cancer Screening Test.--
(1) In general.--For purposes of this section, subject to
paragraph (2), the term ``qualifying cancer screening test''
means, with respect to a Medicare beneficiary, a cancer
screening test that has in effect with respect to such
beneficiary a rating of `A' in the current recommendations of
the United States Preventive Services Task Force.
(2) Termination when high utilization rate reached.--If the
Secretary determines that a cancer screening test described in
paragraph (1) has a utilization rate of at least 75 percent of
the Medicare beneficiaries for whom such screening has such a
recommendation, effective as of the first day of the year after
the year in which such determination is made, the cancer
screening test shall not be a qualifying cancer screening test.
(c) Qualifying Provider Defined.--For purposes of this section, the
term ``qualifying provider'' means, with respect to a qualifying cancer
screening test, an individual or entity--
(1) that is eligible for payment for such test under
section 1833 or section 1848 of the Social Security Act; and
(2) that--
(A) participates in a nationally recognized quality
improvement registry with respect to such test; and
(B) demonstrates, to the satisfaction of the
Secretary, based on the information in such registry,
that the tests were provided by such individual or
entity in accordance with accepted outcomes-based
quality measures.
SEC. 4. WAIVING MEDICARE COST-SHARING FOR COLORECTAL CANCER SCREENING
WITH THERAPEUTIC EFFECT.
(a) In General.--Section 1833(a)(1)(Y) of the Social Security Act
(42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting ``, including tests
and procedures described in the last sentence of subsection (b),''
after ``section 1861(ddd)(3)''.
(b) Effective Date.--The amendments made by this section shall
apply to tests and procedures performed on or after January 1, 2013.
SEC. 5. MEDICARE COVERAGE FOR AN OFFICE VISIT OR CONSULTATION PRIOR TO
A QUALIFYING SCREENING COLONOSCOPY.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (EE), by striking ``and'' at the end;
(2) in subparagraph (FF), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(GG) prior to a colorectal cancer screening test
consisting of a screening colonoscopy or in conjunction with an
individual's decision regarding the performance of such a test
on the individual, an outpatient office visit or consultation
for the purpose of beneficiary education, assuring selection of
the proper screening test, and securing information relating to
the procedure and the sedation of the individual;''.
(b) Payment.--
(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 ``(Z)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (AA) with respect to an
outpatient office visit or consultation under section
1861(s)(2)(GG), the amounts paid shall be 80 percent of
the lesser of the actual charge or the amount
established under section 1848''.
(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)(GG),'' after ``(2)(FF) (including
administration of the health risk assessment),''.
(3) Requirement for establishment of payment amount under
physician fee schedule.--Section 1834(d) of the Social Security
Act (42 U.S.C. 1395m(d)) is amended by adding at the end the
following new paragraph:
``(4) Payment for outpatient office visit or consultation
prior to screening colonoscopy.--With respect to an outpatient
office visit or consultation under section 1861(s)(2)(GG),
payment under section 1848 shall be consistent with the payment
amounts for CPT codes 99201, 99202, 99203, 99204, 99211, 99212,
99213, 99214, and 99215 (as in effect as of the date of the
enactment of this paragraph or any successors to such
codes).''.
(c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2013.
SEC. 6. BUDGET NEUTRALITY.
(a) Adjustment of Physician Fee Schedule Conversion Factor.--The
Secretary of Health and Human Services (in this section referred to as
the ``Secretary'') shall reduce the conversion factor established under
subsection (d) of section 1848 of the Social Security Act (42 U.S.C.
1395w-4) for each year (beginning with 2013) to the extent necessary to
reduce expenditures under such section for items and services furnished
during the year in the aggregate by the net offset amount determined
under subsection (c)(5) attributable to such section for the year.
(b) Adjustment of HOPD Conversion Factor.--The Secretary shall
reduce the conversion factor established under paragraph (3)(C) of
section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for
each year (beginning with 2013) to the extent necessary to reduce
expenditures under such section for items and services furnished during
the year in the aggregate by the net offset amount determined under
subsection (c)(5) attributable to such section for the year.
(c) Determinations Relating to Expenditures.--For purposes of this
section, before the beginning of each year (beginning with 2013) at the
time conversion factors described in subsection (a) and (b) are
established for the year, the Secretary shall determine--
(1) the amount of the gross additional expenditures under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
estimated to result from the implementation of sections 3, 4,
and 5 for items and services furnished during the year;
(2) the amount of any offsetting reductions in expenditures
under such title (such as reductions in payments for inpatient
hospital services) for such year attributable to the
implementation of such sections;
(3) the amount (if any) by which the amount of the gross
additional expenditures determined under paragraph (1) for the
year exceeds the amount of offsetting reductions determined
under paragraph (2) for the year;
(4) of the gross additional expenditures determined under
paragraph (1) for the year that are attributable to
expenditures under sections 1848 and 1833(t) of such Act, the
ratio of such expenditures that are attributable to each
respective section; and
(5) with respect to section 1848 and section 1833(t) of
such Act, a net offset amount for the year equal to the product
of--
(A) the amount of the net additional expenditures
for the year determined under paragraph (3); and
(B) the ratio determined under paragraph (4)
attributable to the respective section.
SEC. 7. EXPANSION OF COVERAGE OF ACTIVITIES RELATED TO RECOMMENDED
PREVENTIVE HEALTH SERVICES UNDER PRIVATE HEALTH
INSURANCE.
(a) In General.--Section 2713(a)(1) of the Public Health Service
Act (42 U.S.C. 300gg-13(a)(1)) is amended by inserting ``(including
related activities occurring as part of the same clinical encounter,
such as conducting a biopsy or by removing a lesion or growth)'' after
``Task Force''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning on or after January 1, 2013. | Supporting Colorectal Examination and Education Now Act of 2011 or the SCREEN Act of 2011 - Increases Medicare payments to qualifying Medicare providers by 10% for cancer screening tests recommended by the U.S. Preventive Services Task Force. Terminates the increase for a test when it reaches a 75% utilization rate for beneficiaries for whom such screening is recommended. Makes a Medicare provider eligible for such increased payment only if the provider: (1) participates in a nationally recognized quality improvement registry with respect to such test, and (2) demonstrates that the tests were provided in accordance with accepted outcomes-based quality measures.
Amends title XVIII (Medicare) of the Social Security Act to waive cost-sharing for colorectal cancer screening tests.
Extends Medicare coverage to include an outpatient office visit or consultation prior to a colorectal cancer test consisting of a screening colonoscopy, or in conjunction with an individual's decision regarding the performance of such a test on the individual, for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and the sedation of the individual.
Requires the Secretary of Health and Human Services (HHS) to reduce the conversion factors for purposes of payment to physicians and hospital outpatient departments under Medicare to offset the additional expenditures under this Act.
Amends the Public Health Service Act to require health plans to cover, with no cost-sharing, activities related to certain covered preventive services that are part of the same clinical encounter, such as conducting a biopsy or removing a lesion or growth. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act and title XXVII of the Public Health Service Act to improve coverage for colorectal screening tests under Medicare and private health insurance coverage, and for other purposes."} | 2,785 | 354 | 0.586117 | 1.931224 | 0.834709 | 4.190476 | 8.108844 | 0.92517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science and Mathematics Early Start
Grant Program Act of 1995''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) preschoolers from low-income families have very limited
opportunities to be exposed to science and mathematics
activities;
(2) preschoolers from low-income families need basic, age-
appropriate science and mathematics experiences in order to
develop educationally at a normal rate;
(3) most preschool teachers have little experience with
simple science and mathematics activities;
(4) attainment of the National Education Goal that calls
for United States students to be first in the world in
mathematics and science achievement will require a
comprehensive, age-appropriate science and mathematics program
for preschoolers from low-income families;
(5) long-term efforts to train preschool teachers to use
science and mathematics activities have been limited in number;
and
(6) the long-term efforts to train preschool teachers to
use science and mathematics activities that have been
implemented have shown significant positive results.
(b) Purpose.--The purpose of this Act is to provide Head Start
teachers with training programs directed toward the use of age-
appropriate science and mathematics activities in order to increase
their students' interest in and familiarity with science and
mathematics. All students should have a basic exposure to science and
mathematics activities in order to move the Nation toward the National
Goal that United States students will be first in the world in
mathematics and science achievement.
SEC. 3. MODEL SCIENCE AND MATHEMATICS EARLY START PROGRAMS FOR THE
INTRODUCTION OF SCIENCE AND MATHEMATICS IN EARLY
CHILDHOOD EDUCATION.
(a) Grants Authorized.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'') may award
grants, to be known as Science and Mathematics Early Start Grants, to
organizations to enable such organizations to support model programs
that provide instruction to Head Start personnel regarding the
introduction of science and mathematics activities to children enrolled
in Head Start programs.
(b) Priority.--In awarding grants under this section, the Secretary
shall give priority to applicants that demonstrate the ability to--
(1) provide teacher training programs that involve
participants in hands-on activities similar to activities that
are intended for students;
(2) attract broad teacher participation;
(3) use experienced teachers as instructors;
(4) provide the materials required by the activities
described in paragraph (1), but not commonly found in Head
Start classrooms, except that not more than 25 percent of the
funds awarded for each fiscal year to any organization for a
model program shall be used to carry out this paragraph;
(5) provide for periodic followup activities conducted, at
minimum, during a 6-month period; and
(6) provide teachers with college or university experience
and credits.
(c) Dissemination.--Each recipient of a grant under this section
shall report the results of the model program to the Eisenhower
National Clearinghouse for Mathematics and Science Education in an
appropriate format for dissemination.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $4,000,000 for fiscal year 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000, to carry out
this section.
(e) Evaluation and Report.--The Secretary shall evaluate, and
report to the Congress every 2 years (beginning 2 years after the date
of enactment of this Act) regarding, the activities assisted under this
section.
SEC. 4. PROFESSIONAL DEVELOPMENT FUNDING.
(a) Program Authorized.--The Secretary may award grants to each of
the ten regional Head Start agencies for the purpose of improving
teaching and learning through sustained and intensive high-quality
professional development activities in science and mathematics at the
region and local agency levels.
(b) Allocation of Funds.--
(1) Regional allocation.--From the amounts appropriated for
a fiscal year under subsection (f), the Secretary shall allot
to each of the ten regional Head Start agencies an amount that
bears the same ratio to the amount appropriated as the number
of children enrolled in the Head Start programs administered by
the regional agency bears to the number of children enrolled in
all Head Start programs, as determined by the Secretary on the
basis of the most recent satisfactory data. In making
determinations under this paragraph, the Secretary shall
establish a per child ratio amount.
(2) Reallocation.--With respect to the allotment of any
regional agency that fails to apply for an allotment for any
fiscal year, the Secretary shall reallot such amount to the
remaining regional agencies in proportion to the original
allotment to such agencies.
(c) Within-Region Allocations.--Of the amounts received by a
regional agency under this section for any fiscal year--
(1) not less than 90 percent of such amounts shall be made
available for local permissible activities (hereafter referred
to in this Act as ``flow-through funds''); and
(2) not to exceed 10 percent of such amounts may be
retained by the regional agency, of which--
(A) not to exceed 3 percent of such amounts may be
used for the administrative costs of the regional
agency; and
(B) the remaining amounts shall be used to fund or
expand exemplary and innovative science and mathematics
professional development programs.
(d) Local Plan and Application for Improving Mathematics and
Science Teaching and Learning.--
(1) Local application.--
(A) In general.--A local Head Start agency that
desires to receive a grant under this section shall
prepare and submit to the appropriate regional Head
Start agency an application (singly or as a consortium)
at such time as the regional agency shall require.
(B) Indicators.--As part of an application
submitted under subparagraph (a), a local Head Start
agency shall establish specific goals and objectives
for improving mathematics and science teaching and
learning through professional development.
(2) Needs assessment.--
(A) In general.--As part of an application
submitted under paragraph (1), a local Head Start
agency shall include an assessment of local needs for
professional development as identified by the local
Head Start agency and staff.
(B) Requirements.--A needs assessment to be
included in an application under subparagraph (A) shall
be carried out with the involvement of teachers, and
shall take into account the activities that need to be
conducted in order to give teachers and, where
appropriate, administrators, the means, including the
knowledge and skills, to provide Head Start children
with the opportunity to develop a strong foundation in
mathematics and science.
(3) Application contents.--An application submitted under
this section shall include the plans of the local Head Start
agency for professional development that--
(A) focus on teaching and learning in mathematics
and science;
(B) have been developed with the extensive
participation of Head Start teachers, administrators,
staff, and pupil services personnel;
(C) include a time line for the professional
development activities indicating duration and
schedule; and
(D) will be periodically reviewed and revised by
the local Head Start agency, as necessary, to reflect
changes in the strategies and programs of the local
Head Start agency under this section.
(e) Local Allocation of Funds and Permissible Activities.--
(1) Amount of allocation.--The maximum amount of a grant
for which a local Head Start agency may apply under this
section shall equal the product of--
(A) the number of children served by the local
agency; and
(B) the per child ratio amount determined under
subsection (b)(1).
(2) Reallocation.--If a local Head Start agency does not
apply for a grant prior to the grant allocation deadline that
is established by the regional Head Start agency involved, the
regional agency shall reallocate the amount that any such local
agency would have received to the remaining local agencies in
proportion to their original grant allocations.
(3) Local allocation of funds.--A local Head Start agency
that receives a grant under this section for any fiscal year--
(A) shall use not less than 70 percent of the
amount received under such grant for the professional
development of teachers, and, where appropriate,
administrators, and, where appropriate, pupil services
personnel, parents, and other staff of individual
schools to pay for direct program costs to include--
(i) stipends;
(ii) tuition, registrations, and fees;
(iii) related travel, food, and lodging;
(iv) child care; and
(v) training supplies, books, and
materials; and
(B) may use not to exceed 30 percent of the amount
received under such grant for mathematics and science
classroom supplies, equipment, and materials.
(4) Authorized activities.--
(A) In general.--A local Head Start agency that
receives a grant under this section shall use amounts
received under such grant for activities that give Head
Start teachers and administrators the knowledge and
skills to provide children with the opportunity to
develop a strong foundation in mathematics and science.
(B) Professional development activities.--
Professional development activities funded under this
section shall--
(i) take into account recent research on
the teaching and learning of mathematics and
science;
(ii) provide professional development that
incorporates effective strategies, techniques,
methods, and practices for meeting the
educational needs of diverse groups of
students, including females, minorities,
children with disabilities, limited English
proficient children, and economically
disadvantaged children;
(iii) include preparation for future
mathematics and science content and pedagogical
components; and
(iv) be of sufficient intensity and
duration to have a positive and lasting impact
on the Head Start teacher's performance in the
classroom.
(C) Activities.--Amounts received under a grant
under this section may be used for professional
development activities such as--
(i) professional development for teams of
teachers, and, where appropriate,
administrators, pupil services personnel, or
other staff, to support the teaching of
mathematics and science using developmentally
appropriate activities;
(ii) to enable Head Start teachers and
appropriate staff to participate in
professional development in mathematics and
science programs that are offered through
professional associations, universities,
community-based organizations, and other
providers, such as educational partnership
organizations, science centers, and museums,
including financial support and time off;
(iii) activities that provide follow up for
teachers who have participated in professional
development activities that are designed to
ensure that the knowledge and skills learned by
the teacher are implemented in the classroom;
(iv) support for partnerships between Head
Start agencies, consortia of agencies, and
institutions of higher education, including
schools of education, which shall encourage
teachers to participate in intensive, ongoing
mathematics and science programs, both academic
and pedagogical, at institutions of higher
education;
(v) the establishment and maintenance of
local professional networks that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
mathematics and science content and teaching
pedagogy;
(vi) professional development to enable
teachers, and, where appropriate, pupil
services personnel and other school staff, to
ensure that females, minorities, limited
English proficient children, children with
disabilities, and the economically
disadvantaged have full opportunity to develop
a strong foundation in mathematics and science;
(vii) preparing teachers, and, where
appropriate, pupil services personnel to work
with parents and families on fostering student
achievement in mathematics and science;
(viii) professional development activities
and other support for new teachers as such
teachers move into the Head Start classroom to
provide practical support and to increase
mathematics and science content and teaching
pedagogy for such teachers;
(ix) professional development for teachers,
parents, early childhood educators,
administrators, and other staff to support
activities and services related to preschool
transition programs to raise student
performance in mathematics and science; and
(x) developing professional development
strategies and programs to more effectively
involve parents in helping their children
achieve in mathematics and science.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $6,000,000 for fiscal year
1996, and such sums as may be necessary for each of the fiscal years
1997 through 2000.
(g) Reporting and Accountability.--
(1) Regions.--Not later than September 30, 1996, and each
September 30 thereafter, a regional Head Start agency that
receives funds under this section shall prepare and submit to
the Secretary a report concerning--
(A) the status of the activities and grants
completed and currently in operation during the year
for which the report is submitted;
(B) an evaluation of the implementation of this
section; and
(C) an evaluation of the effectiveness of local
Head Start agency activities assisted under this
section.
(2) Local head start agencies.--Not later than 3 months
after the conclusion of the grant period, the local Head Start
agency that receives the grant under this section shall prepare
and submit to the appropriate regional Head Start agency a
report concerning the progress of such local agency toward
meeting the goals and objectives identified in the local
application and plan of such local agency, as well as
concerning the effectiveness of the activities of the agency
under this section.
(3) Federal evaluation.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall prepare and
submit to the President and the appropriate committees of
Congress a report concerning the effectiveness of the programs
and activities conducted under this section. | Science and Mathematics Early Start Grant Program Act of 1995 - Authorizes the Secretary of Health and Human Services to award Science and Mathematics Early Start Grants to organizations to support model programs that provide instruction to Head Start personnel regarding the introduction of science and mathematics activities to children enrolled in Head Start programs. Sets forth award priorities. Requires grant recipients to report program results to the Eisenhower National Clearinghouse for Mathematics and Science Education for dissemination. Authorizes appropriations.
(Sec. 4) Authorizes the Secretary to award grants to each of the ten regional Head Start agencies to improve teaching and learning through professional development activities in science and mathematics at the regional and local agency levels. Sets forth provisions for: (1) regional and within-region allocations of funds; (2) local plans and applications for improving mathematics and science teaching and learning; (3) local allocation of funds; and (4) permissible activities. Authorizes appropriations. | {"src": "billsum_train", "title": "Science and Mathematics Early Start Grant Program Act of 1995"} | 2,846 | 200 | 0.657403 | 1.620525 | 1.058223 | 4.243094 | 15.469613 | 0.883978 |
SECTION 1. CONTINUATION AND EXPANSION OF WOUNDED WARRIOR CAREERS
DEMONSTRATION PROGRAM.
(a) Continuation of Program.--The Secretary of the Army shall
continue the Wounded Warrior Careers Demonstration program being
conducted in collaboration with the Army Wounded Warrior program at
three locations pursuant to the memorandum of understanding on the
program between the Army and the National Organization on Disability
dated January 2007.
(b) Expansion of Program.--
(1) In general.--The Secretary of the Army shall expand the
Wounded Warrior Careers Demonstration program to nine
additional locations in fiscal year 2011. The expansion of the
program shall be conducted under the memorandum of
understanding referred to in subsection (a), as modified
pursuant to subsection (f).
(2) Additional purpose of expanded program.--The purpose of
the expansion of the Wounded Warrior Careers Demonstration
program under this subsection shall be to identify and
disseminate best practices related to employment counseling and
job placement of severely wounded warriors into civilian
communities and careers and to otherwise assess the feasibility
and advisability of various additional means to support the
transition and reintegration of such warriors into such
communities and careers.
(3) Locations.--Any location selected for the expansion of
the Wounded Warrior Careers Demonstration program under this
subsection shall be a location at which the Army, or one or
more of the other Armed Forces, have a large concentration of
severely wounded warriors who are ready for career and
employment counseling.
(c) Services To Be Provided Under Program.--The services provided
under the Wounded Warrior Careers Demonstration program shall include
career-development services for severely wounded warriors (and their
spouses, if appropriate) that are consistent with their needs. Such
services shall be provided by utilizing a proactive, intensive,
extended case-management model (including individualized counseling)
pursuant to which such warriors and their families receive assistance
in the following:
(1) Exploring career options.
(2) Obtaining education, skill, aptitude, and interest
assessments.
(3) Preparing resumes and career plans.
(4) Acquiring additional education and training.
(5) Engaging with prospective employers.
(6) Entering into various kinds of occupations (whether
full-time, part-time, paid, or volunteer, or self-employment as
entrepreneurs or otherwise).
(7) Advancing in work entered into.
(8) Resolving obstacles through coordination with the
military departments, other departments and agencies of the
Federal Government, State and local governments, and other
appropriate service and benefits providers.
(d) Minimum Duration of Program.--The Secretary of the Army shall
carry out the Wounded Warrior Careers Demonstration program until not
earlier than the date that is five years after the date of the
enactment of this Act.
(e) Availability of Services Under Program to Other Armed Forces.--
(1) In general.--The services provided under the Wounded
Warrior Careers Demonstration program may be provided to
severely wounded warriors of one or more of the other Armed
Forces pursuant to a joint agreement between the Secretary of
the Army, the Secretary of the military department having
jurisdiction over such Armed Force, and the National
Organization on Disability.
(2) Coordination.--The Secretary of Defense shall ensure
coordination between the Secretary of the Army, the Secretary
of the Navy, and the Secretary of the Air Force regarding the
participation of members of other Armed Forces in the Wounded
Warrior Careers Demonstration program under this subsection,
including actions to encourage and facilitate the participation
of such members in the program when appropriate.
(f) Modifications of Memorandum of Understanding.--
(1) Requirements applicable to the army.--The Secretary of
the Army and the National Organization on Disability shall
enter into such modifications of the memorandum of
understanding referred to in subsection (a) as the Secretary
and the Organization jointly consider appropriate to comply
with the requirements of subsections (a) through (d).
(2) Requirements applicable to other armed forces.--Any
provision of services under the Wounded Warrior Careers
Demonstration program through a joint agreement described in
subsection (e) shall be incorporated into the memorandum of
understanding referred to in subsection (a) in such manner as
the Secretary of the Army, the Secretary of the military
department having jurisdiction over the Armed Force concerned,
and the National Organization on Disability jointly consider
appropriate.
(g) Continuation of Dissemination of Lessons Learned.--
(1) In general.--The Secretary of the Army shall continue
to provide for the dissemination to other Federal departments
and agencies, State and local governments, and appropriate
nonprofit organizations of lessons learned and best practices
developed under the Wounded Warrior Careers Demonstration
program on the provision of benefits, services, and support to
severely wounded warriors.
(2) Dissemination to va.--As part of the dissemination of
information under paragraph (1), the Secretary of the Army and
the Secretary of Veterans Affairs shall undertake such joint
programs, activities, and initiatives as the Secretaries
consider appropriate to facilitate and further the
dissemination to the Department of Veterans Affairs of such
lessons and best practices as will be of particular use to the
Department in providing benefits, services, and support to
veterans who were severely wounded warriors.
SEC. 2. REPORT ON WOUNDED WARRIOR CAREERS DEMONSTRATION PROGRAM.
(a) In General.--Not later than six months after the completion of
the Wounded Warrior Careers Demonstration program, the Secretary of
Defense shall, in conjunction with the National Organization on
Disability (NOD), submit to the Secretary of Veterans Affairs, and to
the appropriate committees of Congress, a report on the program.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive description of the Wounded Warrior
Careers Demonstration program, including the following:
(A) Information on job placement and retention of
wounded warriors who participated in the program.
(B) A description and assessment of the career
services provided under the program to wounded warriors
experiencing Post-Traumatic Stress Disorder (PTSD) or
Traumatic Brain Injury (TBI).
(2) An assessment of the financial costs resulting from the
failure of wounded warriors to gain employment or achieve self-
sufficiency after service in the Armed Forces.
(3) An assessment of the efficacy of the program in
preparing wounded warriors to meet the challenges of employment
after service in the Armed Forces.
(4) Such recommendations as the Secretary considers
appropriate, including recommendations for the continuation or
enhancement of the services provided under the program.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Ways and Means of the House of
Representatives.
(2) The term ``National Organization on Disability'' refers
to the non-governmental organization assisting the Department
of the Army in carrying out the Wounded Warrior Careers
Demonstration program in collaboration with the Army Wounded
Warrior Program. | Directs the Secretary of the Army to: (1) continue the Wounded Warrior Careers Demonstration (Careers) program being conducted in collaboration with the Army Wounded Warrior program at three locations pursuant to a memorandum of understanding between the Army and the National Organization on Disability; and (2) expand the Careers program to nine additional locations in FY2011. States that the purpose of the Careers program expansion shall be to identify and disseminate best practices related to employment counseling and job placement of severely wounded warriors into civilian communities and careers, and to assess various additional means to support the transition and reintegration of such warriors into such communities and careers. Requires: (1) all locations chosen under the expansion to have a large concentration of severely wounded warriors who are ready for career and employment counseling; and (2) the Careers program to be carried out at least until five years after the enactment of this Act.
Allows Careers program services to be provided to severely wounded warriors of other branches of the Armed Forces pursuant to joint agreement. Directs the Secretary to continue to provide for the dissemination to other federal departments and agencies, state and local governments, and appropriate nonprofit organizations of lessons learned and best practices developed under the Careers program on the provision of benefits, services, and support to severely wounded warriors.
Requires the Secretary of Defense (DOD) to report on the Careers program to the Secretary of Veterans Affairs (VA) and specified congressional committees. | {"src": "billsum_train", "title": "A bill to provide for a continuation and expansion of the Wounded Warrior Careers Demonstration program, and for other purposes."} | 1,615 | 323 | 0.744399 | 2.368375 | 0.827806 | 4.906137 | 5.176895 | 0.942238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care for Members of the Armed
Forces Exposed to Chemical Hazards Act of 2009''.
SEC. 2. ESTABLISHMENT OF REGISTRIES OF MEMBERS AND FORMER MEMBERS OF
THE ARMED FORCES EXPOSED IN LINE OF DUTY TO OCCUPATIONAL
AND ENVIRONMENTAL HEALTH CHEMICAL HAZARDS.
(a) Establishment.--For each occupational and environmental health
chemical hazard of particular concern, the Secretary of Defense shall
establish and administer a registry of members and former members of
the Armed Forces who were exposed in the line of duty to such hazard on
or after September 11, 2001.
(b) Registration.--For every member and former member of the Armed
Forces who was exposed in the line of duty to a hazard described in
subsection (a), the Secretary shall--
(1) register such member or former member in such registry;
and
(2) collect such information about such member or former
member as the Secretary considers appropriate for purposes of
establishing and administering such registry.
(c) Notification.--In the case that the Secretary learns that a
member or former member of the Armed Forces may have been exposed in
the line of duty to a hazard described in subsection (a), the Secretary
shall--
(1) notify of such exposure--
(A) such member or former member;
(B) the commanding officer of the unit to which
such member or former member belonged at the time of
such exposure; and
(C) in the case of a member of the National Guard,
the Adjutant General of the State concerned; and
(2) inform such member or former member that such member or
former member may be included in the registry required by
subsection (a) for such hazard.
(d) Examination.--Not later than 30 days after the date on which
the Secretary becomes aware of an exposure of a member or former member
of the Armed Forces to a hazard described in subsection (a) and
annually thereafter, the Secretary shall provide such member or former
member--
(1) a complete physical and medical examination;
(2) consultation and counseling with respect to the results
of such physical and examination; and
(3) a copy of the documentation of such exposure in the
member's or former member's medical record maintained by the
Department of Defense.
(e) Occupational and Environmental Health Chemical Hazard of
Particular Concern Defined.--In this section, the term ``occupational
and environmental health chemical hazard of particular concern'' means
an occupational and environmental health chemical hazard that the
Secretary of Defense determines is of particular concern after
considering appropriate guidelines and standards for exposure,
including the following:
(1) The military exposure guidelines specified in the
January 2002 Chemical Exposure Guidelines for Deployed Military
Personnel, United States Army Center for Health Promotion and
Preventive Medicine Technical Guide 230 (or any successor
technical guide that establishes military exposure guidelines
for the assessment of the significance of field exposures to
occupational and environmental health chemical hazards during
deployments).
(2) Occupational and environmental health chemical exposure
standards promulgated by the Occupational Safety and Health
Administration.
SEC. 3. SCIENTIFIC REVIEW OF ASSOCIATION OF INCIDENTS OF EXPOSURE TO
OCCUPATIONAL AND ENVIRONMENTAL HEALTH CHEMICAL HAZARDS
WITH HEALTH CONSEQUENCES.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the Institute of Medicine of the
National Academies for the Institute of Medicine to perform the
services covered by this section.
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 2 months
after the date of the enactment of this Act.
(b) Review of Scientific Evidence.--Under an agreement between the
Secretary of Defense and the Institute of Medicine under this section,
the Institute of Medicine shall, for each incident of exposure
involving one or more members of the Armed Forces reported in a
registry established under section 2(a) to an occupational and
environmental health chemical hazard of particular concern, review and
summarize the scientific evidence, and assess the strength thereof,
concerning the association between the exposure to such hazard and
acute and long-term health consequences of such exposure.
(c) Scientific Determinations Concerning Health Consequences.--
(1) In general.--For each incident of exposure reviewed
under subsection (b), the Institute of Medicine shall determine
(to the extent that available scientific data permit meaningful
determinations)--
(A) whether a statistical association with the
acute and long-term health consequences exists, taking
into account the strength of the scientific evidence
and the appropriateness of the statistical and
epidemiological methods used to detect the association;
and
(B) whether there exists a plausible biological
mechanism or other evidence of a causal relationship
between the occupational and environmental health
chemical hazard and the health consequences.
(2) Discussion and reasoning.--The Institute of Medicine
shall include in its reports under subsection (f) a full
discussion of the scientific evidence and reasoning that led to
its conclusions under this subsection.
(d) Recommendations for Additional Scientific Studies.--
(1) In general.--The Institute of Medicine shall make any
recommendations it has for additional scientific studies to
resolve areas of continuing scientific uncertainty relating to
exposure to occupational and environmental health chemical
hazards of particular concern.
(2) Considerations.--In making recommendations for further
study, the Institute of Medicine shall consider the following:
(A) The scientific information that is currently
available.
(B) The value and relevance of the information that
could result from additional studies.
(e) Subsequent Reviews.--The agreement under subsection (a) shall
require the Institute of Medicine--
(1) to conduct periodically as comprehensive a review as is
practicable of the evidence referred to in subsection (b) that
has become available since the last review of such evidence
under this section; and
(2) to make its determinations and estimates on the basis
of the results of such review and all other reviews conducted
for the purposes of this section.
(f) Reports.--
(1) Reports to congress.--
(A) In general.--The agreement under subsection (a)
shall require the Institute of Medicine to submit, not
later than the end of the 18-month period beginning on
the date of the enactment of this Act and not less
frequently than once every 2 years thereafter, to the
appropriate committees of Congress a report on the
activities of the Institute of Medicine under the
agreement.
(B) Contents.--The report described in subparagraph
(A) shall include the following:
(i) The determinations and discussion
referred to in subsection (c).
(ii) Any recommendations of the Institute
of Medicine under subsection (d).
(2) Reports to secretary of defense.--The agreement under
subsection (a) shall require the Institute of Medicine, in the
case that the Institute of Medicine makes any conclusive
determination under subsection (c)(1) with respect to any
incident of exposure studied under subsection (b), to submit,
not later than 30 days after the date of such determination, to
the Secretary of Defense a report describing such
determination.
(g) Notice to Members and Former Members of the Armed Forces.--The
Secretary of Defense shall notify members and former members of the
Armed Forces listed in a registry established under section 2(a) for
exposure to an occupational and environmental health chemical hazard of
particular concern of--
(1) any conclusive determinations made with respect to such
exposure under subsection (c)(1); and
(2) any other significant developments in research on the
health consequences of exposure to such hazard.
(h) Limitation on Authority.--The agreement under this section
shall be effective for a fiscal year to the extent that appropriations
are available to carry out the agreement.
(i) Sunset.--This section shall cease to be effective 10 years
after the last day of the fiscal year in which the Institute of
Medicine submits to the Secretary of Defense the first report under
subsection (f).
(j) Alternative Contract Scientific Organization.--
(1) In general.--If the Secretary of Defense is unable
within the time period prescribed in subsection (a)(2) to enter
into an agreement described in subsection (a)(1) with the
Institute of Medicine on terms acceptable to the Secretary, the
Secretary shall seek to enter into such an agreement with
another appropriate scientific organization that--
(A) is not part of the Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to
that of the Institute of Medicine.
(2) Treatment.--If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section to the Institute of Medicine shall be
treated as a reference to the other organization.
(k) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Veterans' Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Veterans' Affairs, and the Committee on
Appropriations of the House of Representatives.
(2) Occupational and environmental health chemical hazard
of particular concern.--The term ``occupational and
environmental health chemical hazard of particular concern''
means an occupational and environmental health chemical hazard
that the Secretary of Defense determines is of particular
concern after considering appropriate guidelines and standards
for exposure, including the following:
(A) The military exposure guidelines specified in
the January 2002 Chemical Exposure Guidelines for
Deployed Military Personnel, United States Army Center
for Health Promotion and Preventive Medicine Technical
Guide 230 (or any successor technical guide that
establishes military exposure guidelines for the
assessment of the significance of field exposures to
occupational and environmental health chemical hazards
during deployments).
(B) Occupational and environmental health chemical
exposure standards promulgated by the Occupational
Safety and Health Administration.
SEC. 4. REVISION IN AUTHORITIES FOR PROVISION OF HEALTH CARE FOR
CERTAIN VETERANS EXPOSED TO OCCUPATIONAL AND
ENVIRONMENTAL HEALTH CHEMICAL HAZARDS.
(a) Authorized Inpatient Care.--Section 1710(e) of title 38, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) A veteran who was exposed in the line of duty to an
occupational and environmental health chemical hazard of particular
concern is eligible (subject to paragraph (2)) for hospital care,
medical services, and nursing home care under subsection (a)(2)(F) for
any disability, notwithstanding that there is insufficient medical
evidence to conclude that such disability may be associated with such
exposure.'';
(2) in paragraph (2), by adding at the end the following:
``(C) In the case of a veteran described in paragraph (1)(F),
hospital care, medical services, and nursing home care may not be
provided under subsection (a)(2)(F) with respect to--
``(i) a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to have
resulted from a cause other than an exposure described in
paragraph (1)(F); or
``(ii) a health effect for which the National Academy of
Sciences, in a report issued in accordance with section 3 of
the Health Care for Members of the Armed Forces Exposed to
Chemical Hazards Act of 2009, has determined that there is
limited or suggestive evidence of the lack of a positive
association between occurrence of the health consequences in
humans and exposure to an occupational and environmental health
chemical hazard of particular concern.''; and
(3) in paragraph (4), by adding at the end the following:
``(C) The term `occupational and environmental health
chemical hazard of particular concern' means an occupational
and environmental health chemical hazard that the Secretary of
Defense determines is of particular concern after considering
appropriate guidelines and standards for exposure, including
the following:
``(i) The military exposure guidelines specified in
the January 2002 Chemical Exposure Guidelines for
Deployed Military Personnel, United States Army Center
for Health Promotion and Preventive Medicine Technical
Guide 230 (or any successor technical guide that
establishes military exposure guidelines for the
assessment of the significance of field exposures to
occupational and environmental health chemical hazards
during deployments).
``(ii) Occupational and environmental health
chemical exposure standards promulgated by the
Occupational Safety and Health Administration.''.
(b) Technical Amendment.--Section 1710(e)(4) of such title is
amended in the matter before subparagraph (A) by striking ``For
purposes of this subsection--'' and inserting ``In this subsection:''. | Health Care for Members of the Armed Forces Exposed to Chemical Hazards Act of 2009 - Directs the Secretary of Defense, for each occupational and environmental health chemical hazard of particular concern, to establish and administer a registry of members and former members of the Armed Forces who were exposed to such hazard in the line of duty on or after September 11, 2001. Requires the Secretary to: (1) notify a member or former member who may have been exposed to such a hazard; and (2) provide a complete physical and medical examination of such individual.
Directs the Secretary to enter into an agreement with the Institute of Medicine of the National Academies for the Institute of Medicine under which the Institute, for each incident of exposure reported in a registry, shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between the exposure to such hazard and acute and long-term health consequences of such exposure. Requires the Institute to: (1) make recommendations for necessary additional scientific studies; and (2) conduct periodic subsequent reviews of such evidence.
Requires members and former members listed in registries to be notified of any conclusive determinations with respect to such exposure, as well as any other significant related developments.
Makes any veteran who was exposed in the line of duty to an occupational and environmental health chemical hazard of particular concern eligible for hospital care, medical services, and nursing home care through the Department of Veterans Affairs (VA) for any disability, notwithstanding insufficient medical evidence to conclude that the disability may be associated with such exposure. | {"src": "billsum_train", "title": "To require the Secretary of Defense to establish registries of members and former members of the Armed Forces exposed in the line of duty to occupational and environmental health chemical hazards, to amend title 38, United States Code, to provide health care to veterans exposed to such hazards, and for other purposes."} | 2,818 | 336 | 0.706132 | 2.187284 | 0.861471 | 5.320132 | 8.584158 | 0.957096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post 9/11 Health Protection Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, in New York City, firefighters,
paramedics, emergency medical technicians, police officers,
laborers, survivors, and others risked their lives far and
beyond what was expected of them. They took upon themselves a
burden that weighed so heavily that they still carry the
repercussions almost three years later.
(2) It is not only necessary but obligatory upon our Nation
to address the health consequences from the environmental
exposures these individuals experienced after the World Trade
Centers disaster, which are, as demonstrated by extensive
research, directly associated with significant adverse effects
on health.
(3) The dust from the disaster produced bronchial
hyperactivity, persistent cough, and increased risk of asthma,
as well as plausible causes of observed increase in the number
of infants with lower birthweights.
(4) Substantial research has in addition demonstrated that
these individuals have an increased future risk of
mesothelioma, especially those exposed to asbestos.
(5) According to the National Institutes of Health, the
attacks have confirmed a ``positive relationship between the
intensity of their exposure to airborne pollutants and the
severity of their pulmonary symptoms.''.
(6) In an article published September 5, 2003, the Agency
for Toxic Substances and Disease Registry stated that ``The
effects of 9/11 are still being felt today by all New Yorkers,
and all Americans.''. In that article, Dr. Frieden stated that
``Hundreds of thousands of people from all walks of life were
in the vicinity of the twin towers when they collapsed, and
were exposed to a combination of smoke, dust, and debris.''.
(7) Research has proved that the smoke and debris have been
detrimental in that they have caused various health ailments
such as respiratory problems, birth defects, and cancer.
(8) Out of 10,116 firefighters, 332 have displayed
persistent cough accompanied by other respiratory symptoms
severe enough to require up to four weeks leave of absence.
Among the firefighters without a cough, many were diagnosed
with bronchial hyperactivity.
(9) Of iron workers that were involved in cleaning and
recovery, approximately 1/3 have a chronic cough, 24 percent
have reported a new onset of phlegm production, and more than
17 percent have complained of a new onset of wheeze.
(10) One of the greater health risks has been exposure to
asbestos, which was found in the rubble in concentrations as
high as 20 percent. This material may cause lung cancer and
malignant mesothelioma.
(11) Researchers studied 187 pregnant women, and discovered
that, for women within a half mile of ground zero who inhaled
the soot, pulverized glass, and other toxins, the effects were
detrimental enough to result in the delivery of infants who
averaged a half-pound lighter than infants of unexposed
mothers, a condition known as smaller-for-gestational-age
(``SGA'').
(12) In the Journal of the American Medical Association,
researchers of Mount Sinai Medical Center explained the
pollutants as a toxic cocktail, with a potential for long-term
adverse health effects. Other studies have associated the
pollutants with a direct connection to heart disease and an
array of chronic disorders. One example is the condition known
as the World Trade Center cough; firefighters and other rescue
workers have complained of this persistent respiratory illness.
(13) According to Inter Press Service, 2.5 years after the
attacks laborers are still suffering from severe breathing
problems, skin rashes, nausea, depression, or anxiety.
(14) Of emergency respondents, 80 percent have reported of
having at least one respiratory symptom, such as sore throat,
chest tightness, or cough and wheezing. One half complained of
having problems one year later.
(15) Dr. Rafael de la Hoz noted that, of about 150 day
workers examined at Mount Sinai Medical Center, about 75
percent are suffering from upper airway diseases, and some have
reported aggravated asthma or bronchial disease, back and
musculoskeletal pain, or psychological problems such as post
traumatic stress syndrome.
SEC. 2. SEPTEMBER 11 EMERGENCY PERSONNEL TRUST FUND.
(a) Additional Tax on High Income Taxpayers.--Section 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(j) Additional Tax on High Income Taxpayers.--The amount
determined under subsection (a), (b), (c), or (d), as the case may be,
shall be increased by 1 percent of so much of adjusted gross income as
exceeds $1,000,000 in the case of individuals to whom subsection (a)
applies ($500,000 in any other case).''.
(b) September 11 Emergency Personnel Trust Fund.--Subchapter A of
chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund
code) is amended by adding at the end the following new section:
``SEC. 9511. SEPTEMBER 11 EMERGENCY PERSONNEL TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `September 11
Emergency Personnel Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the September 11 Emergency Personnel Trust Fund amounts equivalent to
the taxes received in the Treasury under section 1(j).
``(c) Expenditures.--Amounts in the September 11 Emergency
Personnel Trust Fund shall be available to carry out sections 317T and
409J of the Public Health Service Act.''.
(c) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end thereof the following new item:
``Sec. 9511. September 11 Emergency Personnel Trust Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH RESPONSE
TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK CITY.
(a) In General.--Part B of title III of the Public Health Service
Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S
the following section:
``SEC. 317T. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH
RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK
CITY.
``(a) In General.--From the September 11 Emergency Personnel Trust
Fund under section 9511 of the Internal Revenue Code of 1986, the
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall make awards of grants or cooperative
agreements for the purpose of carrying out baseline and follow-up
screening and clinical examinations, and long-term health monitoring
and analysis, for covered individuals who meet the eligibility criteria
under subsection (d).
``(b) Covered Individuals.--For purposes of this section, the term
`covered individuals' means--
``(1) emergency service personnel and rescue and recovery
personnel who responded to the terrorist attacks that occurred
on September 11, 2001, in New York City, in the State of New
York, any time during the period of September 11, 2001, through
August 31, 2002;
``(2) any other worker or volunteer who responded to such
attacks, including--
``(A) a police officer;
``(B) a firefighter;
``(C) an emergency medical technician;
``(D) a transit worker;
``(E) any participating member of an urban search
and rescue team;
``(F) Federal and State employees;
``(G) a person who worked to recover human remains;
``(H) a person who worked on the criminal
investigation; and
``(I) any other relief or rescue worker or
volunteer whom the Secretary determines to be
appropriate;
``(3) a worker who responded to such attacks by assisting
in the cleanup or restoration of critical infrastructure in and
around;
``(4) a person whose place of residence is in the declared
disaster area;
``(5) a person who is employed in or attends school, child
care, or adult day care in a building located in the declared
disaster area; and
``(6) any other person whom the Secretary determines to be
appropriate.
``(c) Award Recipient.--
``(1) In general.--Subject to the submission of an
application satisfactory to the Secretary, awards under
subsection (a) shall be made only to--
``(A) the consortium of medical entities that,
pursuant to the program referred to in subsection (g),
provided health services described in subsection (a)
during fiscal year 2003 for the personnel described in
subsection (b)(1), subject to the consortium meeting
the criteria established in paragraph (2); and
``(B) the separate program carried out by the New
York City Fire Department.
``(2) Criteria.--For purposes of paragraph (1)(A), the
criteria described in this paragraph for the consortium
referred to in such paragraph are that the consortium has
appropriate experience in the areas of environmental or
occupational health, toxicology, and safety, including
experience in--
``(A) developing clinical protocols and conducting
clinical health examinations, including mental health
assessments;
``(B) conducting long-term health monitoring and
epidemiological studies;
``(C) conducting long-term mental health studies;
and
``(D) establishing and maintaining medical
surveillance programs and environmental exposure or
disease registries.
``(d) Eligibility of Covered Individuals.--The Secretary shall
determine eligibility criteria for covered individuals to receive
health services under subsection (a). Such criteria shall include the
requirement that a covered individual may not receive services through
the program under such section unless the individual enrolls in the
program.
``(e) Certain Program Requirements.--With respect to the program
under subsection (a), the Secretary shall provide for the following:
``(1) Awards under subsection (a) shall designate an amount
to be available only for covered individuals who--
``(A) are active or retired firefighters of New
York City; and
``(B) in responding to the terrorist attacks of
September 11, 2001, provided services in the immediate
vicinity of the World Trade Center.
``(2) A covered individual enrolled in the program may not
receive services under the program for a period exceeding 20
years after the date on which the individual first receives
services under the program, except that the Secretary may
designate a longer period if the Secretary determines that a
longer period is appropriate with respect to the health of
covered individuals.
``(3) The program may not establish a maximum enrollment
number of fewer than 40,000 covered individuals.
``(f) Authority Regarding Treatment.--The Secretary may, to the
extent determined appropriate by the Secretary, authorize the program
under subsection (a) to provide treatment services to covered
individuals who have no other means of obtaining treatment.
``(g) Relation to Certain Program.--Effective on and after the date
of the enactment of the Remember 9/11 Health Act, the two programs
carried out pursuant to the appropriation of $90,000,000 made in Public
Law 107-206 under the heading `Public Health and Social Services
Emergency Fund', which programs provide health services described in
subsection (a) for the personnel described in subsection (b)(1), shall
be considered to be carried out under authority of this section and
shall be subject to the requirements of this section, except for any
period of transition determined appropriate by the Secretary, not to
exceed one year after such date of enactment.''.
(b) Programs Regarding Attack at Pentagon.--The Secretary of Health
and Human Services may, to the extent determined appropriate by the
Secretary, establish with respect to the terrorist attack at the
Pentagon on September 11, 2001, programs similar to the programs that
are established in sections 317T and 409J of the Public Health Service
Act with respect to the terrorist attacks on such date in New York
City, in the State of New York.
SEC. 4. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by inserting after section 409I the following
section:
``SEC. 409J. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS OF
INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11
TERRORIST ATTACKS IN NEW YORK CITY.
``(a) In General.--With respect to covered individuals as defined
in section 317T, the Director of NIH shall conduct or support--
``(1) diagnostic research on qualifying health conditions
of such individuals, in the case of conditions for which there
has been diagnostic uncertainty; and
``(2) research on treating qualifying health conditions of
such individuals, in the case of conditions for which there has
been treatment uncertainty.
``(b) Qualifying Health Conditions.--For purposes of this section,
the term `qualifying health conditions' means adverse health conditions
that are considered by the Secretary to be associated with exposure to
one or more of the sites of the terrorist attacks that occurred on
September 11, 2001, in New York City, in the State of New York.
``(c) Consultation With Certain Medical Consortium.--The Secretary
shall carry out this section in consultation with--
``(1) the consortium of medicine entities referred to in
section 317T(c)(1); and
``(2) the firefighters department of New York City, and the
union for the firefighters of such department.
``(d) Annual Report.--The Director of NIH shall annually submit to
the Congress a report describing the findings of research under
subsection (a).
``(e) Funding.--Amounts in the September 11 Emergency Personnel
Trust Fund under section 9511 of the Internal Revenue Code of 1986 are
available to the Director of NIH for the purpose of research under this
section.''. | Post 9/11 Health Protection Act of 2004 - Establishes in the Treasury the September 11 Emergency Personnel Trust Fund. Amends the Internal Revenue Code of 1986 to increase by one percent the tax imposed on adjusted gross income that exceeds $1,000,000 for married individuals filing jointly or that exceeds $500,000 in any other case. Appropriates amounts equal to the taxes received because of such increase to the Fund.
Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to award from such Fund grants or cooperative agreements to specified programs, including one established by the New York City Fire Department, to carry out screening and clinical examinations and long-term health monitoring for covered individuals, including emergency service personnel, clean up workers, and residents affected by the terrorist attacks on September 11, 2001, in New York City. Limits such monitoring to 20 years and 40,000 individuals. Allows the Secretary to establish a similar program for those affected by the September 11, 2001, Pentagon attack.
Requires the Director of the National Institutes of Health to conduct or support diagnostic or treatment research for certain adverse health conditions considered to be associated with the terrorist attacks. | {"src": "billsum_train", "title": "To provide health services for individuals assisting with the response to the terrorist attacks in New York City on September 11, 2001, and for other purposes."} | 3,185 | 255 | 0.368123 | 1.186236 | 0.582785 | 3.209402 | 12.598291 | 0.918803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Center Plaza
Authorization Act of 2002''.
SEC. 2. JOHN F. KENNEDY CENTER PLAZA.
The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is amended--
(1) by redesignating sections 12 and 13 as sections 13 and
14, respectively; and
(2) by inserting after section 11 the following:
``SEC. 12. JOHN F. KENNEDY CENTER PLAZA.
``(a) Definitions.--In this section:
``(1) Air right.--The term `air right' means a real
property interest conveyed by deed, lease, or permit for the
use of space between streets and alleys within the boundaries
of the Project.
``(2) Center.--The term `Center' means the John F. Kennedy
Center for the Performing Arts.
``(3) Green space.--The term `green space' means an area
within the boundaries of the Project or affected by the Project
that is covered by grass, trees, or other vegetation.
``(4) Plaza.--The term `Plaza' means improvements to the
area surrounding the John F. Kennedy Center building that are--
``(A) carried out under the Project; and
``(B) comprised of--
``(i) transportation elements (including
roadways, sidewalks, and bicycle lanes); and
``(ii) nontransportation elements
(including landscaping, green space, open
public space, and water, sewer, and utility
connections).
``(5) Project.--
``(A) In general.--The term `Project' means the
Plaza project, as described in the TEA-21 report,
providing for--
``(i) construction of the Plaza; and
``(ii) improved bicycle, pedestrian, and
vehicular access to and around the Center.
``(B) Inclusions.--The term `Project'--
``(i) includes--
``(I) planning, design,
engineering, and construction of the
Plaza;
``(II) buildings to be constructed
on the Plaza; and
``(III) related transportation
improvements; and
``(ii) may include any other element of the
Project identified in the TEA-21 report.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) TEA-21 report.--The term `TEA-21 report' means the
report of the Secretary submitted to Congress under section
1214 of the Transportation Equity Act for the 21st Century (20
U.S.C. 76j note; 112 Stat. 204).
``(b) Responsibilities of the Secretary.--
``(1) In general.--The Secretary shall be responsible for
the Project and may carry out such activities as are necessary
to construct the Project, other than buildings to be
constructed on the Plaza, substantially as described in the
TEA-21 report.
``(2) Planning, design, engineering, and construction.--The
Secretary shall be responsible for the planning, design,
engineering, and construction of the Project, other than
buildings to be constructed on the Plaza.
``(3) Agreements with the board and other agencies.--The
Secretary shall enter into memoranda of agreement with the
Board and any appropriate Federal or other governmental agency
to facilitate the planning, design, engineering, and
construction of the Project.
``(4) Consultation with the board.--The Secretary shall
consult with the Board to maximize efficiencies in planning and
executing the Project, including the construction of any
buildings on the Plaza.
``(5) Contracts.--Subject to the approval of the Board, the
Secretary may enter into contracts on behalf of the Center
relating to the planning, design, engineering, and construction
of the Project.
``(c) Responsibilities of the Board.--
``(1) In general.--The Board may carry out such activities
as are necessary to construct buildings on the Plaza for the
Project.
``(2) Receipt of transfers of air rights.--The Board may
receive from the District of Columbia such transfers of air
rights as are necessary for the planning, design, engineering,
and construction of the Project.
``(3) Construction of buildings.--The Board--
``(A) may construct, with nonappropriated funds,
buildings on the Plaza for the Project; and
``(B) shall be responsible for the planning,
design, engineering, and construction of the buildings.
``(4) Acknowledgment of contributions.--
``(A) In general.--The Board may acknowledge
private contributions used in the construction of
buildings on the Plaza for the Project in the interior
of the buildings, but may not acknowledge private
contributions on the exterior of the buildings.
``(B) Applicability of other requirements.--Any
acknowledgement of private contributions under this
paragraph shall be consistent with the requirements of
section 4(b).
``(d) Responsibilities of the District of Columbia.--
``(1) Modification of highway system.--Notwithstanding any
State or local law, the Mayor of the District of Columbia, in
consultation with the National Capital Planning Commission and
the Secretary, shall have exclusive authority, as necessary to
meet the requirements and needs of the Project, to amend or
modify the permanent system of highways of the District of
Columbia.
``(2) Conveyances.--
``(A) Authority.--Notwithstanding any State or
local law, the Mayor of the District of Columbia shall
have exclusive authority, as necessary to meet the
requirements and needs of the Project, to convey or
dispose of any interests in real estate (including air
rights and air space (as that term is defined by
District of Columbia law)) owned or controlled by the
District of Columbia.
``(B) Conveyance to the board.--Not later than 90
days after the date of receipt of notification from the
Secretary of the requirements and needs of the Project,
the Mayor of the District of Columbia shall convey or
dispose of to the Board, without compensation,
interests in real estate described in subparagraph (A).
``(3) Agreements with the board.--The Mayor of the District
of Columbia shall have the authority to enter into memoranda of
agreement with the Board and any Federal or other governmental
agency to facilitate the planning, design, engineering, and
construction of the Project.
``(e) Ownership.--
``(1) Roadways and sidewalks.--Upon completion of the
Project, responsibility for maintenance and oversight of
roadways and sidewalks modified or improved for the Project
shall remain with the owner of the affected roadways and
sidewalks.
``(2) Maintenance of green spaces.--Subject to paragraph
(3), upon completion of the Project, responsibility for
maintenance and oversight of any green spaces modified or
improved for the Project shall remain with the owner of the
affected green spaces.
``(3) Buildings and green spaces on the plaza.--Upon
completion of the Project, the Board shall own, operate, and
maintain the buildings and green spaces established on the
Plaza for the Project.
``(f) National Highway Boundaries.--
``(1) Realignment of boundaries.--The Secretary may realign
national highways related to proposed changes to the North and
South Interchanges and the E Street approach recommended in the
TEA-21 report in order to facilitate the flow of traffic in the
vicinity of the Center.
``(2) Access to center from i-66.--The Secretary may
improve direct access and egress between Interstate Route 66
and the Center, including the garages of the Center.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the John F. Kennedy Center Act (as redesignated by
section 2) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) John F. Kennedy Center Plaza.--There is authorized to be
appropriated to the Secretary of Transportation for capital costs
incurred in the planning, design, engineering, and construction of the
project authorized by section 12 (including roadway improvements
related to the North and South Interchanges and construction of the
John F. Kennedy Center Plaza, but not including construction of any
buildings on the plaza) $400,000,000 for the period of fiscal years
2003 through 2010, to remain available until expended.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Selection of Contractors.--Section 4(a)(2) of the John F.
Kennedy Center Act (20 U.S.C 76j(a)(2)) is amended by striking
subparagraph (D) and inserting the following:
``(D) Selection of contractors.--In carrying out
the duties of the Board under this Act, the Board may--
``(i) negotiate, with selected contractors,
any contract--
``(I) for planning, design,
engineering, or construction of
buildings to be erected on the John F.
Kennedy Center Plaza under section 12
and for landscaping and other
improvements to the Plaza; or
``(II) for an environmental system
for, a protection system for, or a
repair to, maintenance of, or
restoration of the John F. Kennedy
Center for the Performing Arts; and
``(ii) award the contract on the basis of
contractor qualifications as well as price.''.
(b) Administration.--Section 6(d) of the John F. Kennedy Center Act
(20 U.S.C. 76l(d)) is amended in the first sentence by striking
``section 12'' and inserting ``section 14''.
(c) Definitions.--Section 14 of the John F. Kennedy Center Act (as
redesignated by section 2) is amended by adding at the end the
following: ``Upon completion of the project for establishment of the
John F. Kennedy Center Plaza authorized by section 12, the Board, in
consultation with the Secretary of Transportation, shall amend the map
that is on file and available for public inspection under the preceding
sentence.''.
Passed the Senate July 26, 2002.
Attest:
Secretary.
107th CONGRESS
2d Session
S. 2771
_______________________________________________________________________
AN ACT
To amend the John F. Kennedy Center Act to authorize the Secretary of
Transportation to carry out a project for construction of a plaza
adjacent to the John F. Kennedy Center for the Performing Arts, and for
other purposes. | John F. Kennedy Center Plaza Authorization Act of 2002 - Amends the John F. Kennedy Center Act to direct the Secretary of Transportation to undertake activities necessary to plan, design, engineer, and construct a Plaza (other than buildings) adjacent to the John F. Kennedy Center for the Performing Arts, including improved bicycle, pedestrian, and vehicular access to and round the Center.Authorizes the Board of Trustees of the Center to undertake activities on the Plaza necessary to facilitate the project, including construction of buildings on the Plaza.Allows the Board to acknowledge private contributions used in construction only in the interior, not on the exterior, of the buildings.Grants the Mayor of the District of Columbia, as necessary to meet project requirements and needs, exclusive authority to: (1) modify the permanent system of District highways; (2) convey any interest in real estate (including air rights or air space) owned or controlled by the District; and (3) enter into memoranda of agreement with the Board and any Federal or other governmental agency.Declares that upon completion of the Project the responsibility for maintenance and oversight of roadways, sidewalks, and green spaces shall remain with the owner of the affected property. Declares that the Board shall own, operate, and maintain the buildings and green spaces established on the Plaza.Authorizes the Secretary to realign national highways related to Project changes and improve direct access and egress between Interstate Route 66 and the Center.Authorizes appropriations for FY 2003 through 2010. | {"src": "billsum_train", "title": "A bill to amend the John F. Kennedy Center Act to authorize the Secretary of Transportation to carry out a project for construction of a plaza adjacent to the John F. Kennedy Center for the Performing Arts, and for other purposes."} | 2,320 | 321 | 0.598873 | 1.764305 | 0.811643 | 4.411972 | 7.697183 | 0.940141 |
SECTION 1. EXPANSION OF TREE ASSISTANCE PROGRAM.
Subchapter C of chapter 3 of subtitle B of title XXII of the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 7
U.S.C. 1421 note) is amended to read as follows:
``Subchapter C--Forest Crops and Perennial Plants
``SEC. 2261. ELIGIBILITY.
``(a) Loss.--Subject to the limitation in subsection (b), the
Secretary of Agriculture shall provide assistance under this subchapter
to eligible agricultural producers who, as a result of damaging weather
or related condition in a year, lose trees or seedlings, ornamental
plants, or other perennial plants being grown by the producer for
commercial purposes. In determining losses, the Secretary shall
consider plants raised in containers or field production. The existence
of damaging weather or related condition shall be determined by the
Secretary.
``(b) Limitation.--An eligible agricultural producer shall qualify
for assistance under subsection (a) only if the loss, as a result of
the damaging weather or related condition, that is incurred by the
producer to the trees, ornamental plants, or other perennial plants for
which assistance is sought exceeds 35 percent (adjusted for normal
mortality). Except in determining the level of normal mortality, the
Secretary shall not consider the year in which the tree or plant was
planted for purposes of determining eligibility for assistance under
this subchapter.
``SEC. 2262. ASSISTANCE.
``The assistance provided by the Secretary of Agriculture to
eligible agricultural producers for losses described in section 2261
shall consist of reimbursement of 65 percent of the cost of replanting
trees, ornamental plants, or other perennial plants lost due to the
damaging weather or related condition in a year in excess of 35 percent
mortality (adjusted for normal mortality).
``SEC. 2263. LIMITATION ON ASSISTANCE.
``(a) Limitation.--The total amount of payments that a person may
receive under this subchapter for losses incurred in a particular year
may not exceed $25,000, or an equivalent value in replacements.
``(b) Regulations.--The Secretary of Agriculture shall issue
regulations--
``(1) defining the term `person' for the purposes of this
subchapter, which shall conform, to the extent practicable, to
the regulations defining the term ``person'' issued under
section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
and the Disaster Assistance Act of 1988 (Public Law 100-387; 7
U.S.C. 1421 note); and
``(2) prescribing such rules as the Secretary determines
necessary to ensure a fair and reasonable application of the
limitation established under subsection (a).
``SEC. 2264. DEFINITIONS.
``As used in this subchapter:
``(1) Eligible agricultural producer.--The term `eligible
agricultural producer' means a person who, on 1,000 acres or
less, grows trees or seedlings, ornamental plants, or other
perennial plants for commercial purposes either through sale of
the tree or plant itself or sale of a crop harvested from the
tree or plant. Such term shall include tree farmers and nursery
growers who meet the acreage limitation specified in this
paragraph.
``(2) Perennial plant.--The term `perennial plant' shall
include low growing perennial turfgrass sod, but shall not
include any perennial grass that is being grown for purposes
other than ornamental use.
``SEC. 2265. DUPLICATIVE PAYMENTS.
``The Secretary of Agriculture shall establish guidelines to ensure
that no person receives duplicative payments under this subchapter and
the forestry incentives program, agricultural conservation program, or
other Federal crop loss assistance program.''.
SEC. 2. CROP YIELDS FOR EMERGENCY CROP LOSS ASSISTANCE FOR CERTAIN
NONPROGRAM CROPS.
Section 2244(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note) is amended
by adding at the end the following new subparagraph:
``(E) Special rules for certain nonprogram crops.--
In the case of trees or seedlings, ornamental plants,
or other perennial plants included in the definition of
nonprogram crop, the Commodity Credit Corporation shall
adjust upward the historical yield determined under
subparagraph (B) or (C) for a producer to reflect any
increased production that was anticipated by the
producer in the crop year for which disaster payments
are sought under this section if the crops necessary to
achieve such increased production were actually being
grown at the time of the damaging weather or related
condition.''. | Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to expand forest crop emergency disaster assistance to include commercially grown ornamental or other perennial plants. | {"src": "billsum_train", "title": "To expand the Tree Assistance Program of the Department of Agriculture to assist agriculture producers to pay the costs of replanting commercially grown trees and seedlings, ornamental plants, and other perennial plants that are destroyed by damaging weather or related condition and to change the manner of determining crop yields for trees and seedlings, ornamental plants, and other perennial plants for purposes of emergency crop loss assistance."} | 1,086 | 35 | 0.505885 | 1.227793 | 0.480803 | 3.633333 | 31.066667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Counterproliferation Act of
1994''.
SEC. 2. DEFINITION.
For purposes of this legislation, weapons of mass destruction are
considered to include chemical, biological, and nuclear weapons, their
associated components and production facilities, and their delivery
systems.
SEC. 3. PROGRAM TO COUNTER THE PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION.
(a) Program.--The United States shall establish an integrated
program in the Department of Defense to counter potential threats to
United States interests that arise from the proliferation of weapons of
mass destruction. The program will improve the capabilities of the
United States to identify, monitor, and respond to the proliferation of
weapons of mass destruction.
(b) Management.--The Secretary of Defense shall designate the
Deputy Secretary of Defense as the manager for the program referred to
in section (3)(a). The Secretary shall prescribe the duties of the
Deputy Secretary regarding management of such activities and programs.
The duties shall include coordination of counterproliferation
activities across all relevant government agencies.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for the Department of
Defense for fiscal year 1995 for the program referred to in section
(3)(a) in the amount of $100,000,000. The amount appropriated pursuant
to such authorization of appropriations is authorized to be made
available for correcting aspects of such activities and programs that
are characterized as shortfalls in the report of the Deputy Secretary
of Defense entitled ``Report on Nonproliferation and
Counterproliferation Activities and Programs'', dated May 1994.
SEC. 5. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF
THE UNITED STATES.
(a) Establishment.--(1) There is hereby established a
Counterproliferation Program Review Committee composed of the following
members:
(A) The Secretary of Defense.
(B) The Secretary of State.
(C) The Secretary of Energy.
(D) The Director of Central Intelligence.
(E) The Director of the United States Arms Control and
Disarmament Agency.
(F) The Chairman of the Joint Chiefs of Staff.
(2) The Secretary of Defense shall chair the committee.
(3) A member of the committee may designate a representative to
perform routinely the duties of the member. A representative shall be
in a position of Deputy Assistant Secretary or a position equivalent to
or above the level of Deputy Assistant Secretary. A representative of
the Chairman of the Joint Chiefs of Staff shall be a person in a grade
equivalent to that of Deputy Assistant Secretary of Defense.
(4) The Secretary of Defense may delegate to the Deputy Secretary
of Defense the performance of the duties of the Chairman of the
committee.
(5) The members of the committee shall first meet not later than 30
days after the date of the enactment of this Act. Upon designation of
working level officials and representatives, the members of the
committee shall jointly notify the appropriate committees of Congress
that the committee has been constituted. The notification shall
identify the representatives designated pursuant to paragraph (3) and
the working level officials of the committee.
(b) Purposes of the Committee.--The purposes of the committee are--
(1) to optimize funding for, and ensure the development and
deployment of highly effective technologies and capabilities
for the counterproliferation of weapons of mass destruction;
and
(2) to identify and eliminate undesirable redundancies or
uncoordinated efforts in the development and deployment of such
technologies and capabilities.
(c) Duties.--The committee shall--
(1) identify and review existing and proposed capabilities
and technologies for support of United States
counterproliferation policy with regard to--
(A) intelligence;
(B) battlefield surveillance;
(C) passive defenses;
(D) active defenses; and
(E) counterforce capabilities;
(2) as part of the review pursuant to paragraph (1),
identify deficiencies in existing capabilities and
technologies;
(3) formulate near-term, mid-term, and long-term
programmatic options for meeting requirements established by
the committee and eliminating deficiencies identified by the
committee; and
(4) in carrying out the other duties of the committee,
ensure that all types of counterproliferation actions are
considered.
(d) Access to Information.--The committee shall have access to
information on all programs, projects, and activities of the Department
of Defense, the Department of State, the Department of Energy, the
intelligence community, and the Arms Control and Disarmament Agency
that are pertinent to the purposes and duties of the committee.
(e) Budget Recommendations.--The committee may submit to the
officials referred to in subsection (a) any recommendation regarding
existing or planned budgets as the committee considers appropriate to
encourage funding for capabilities and technologies at the level
necessary to support United States counterproliferation policy. | Defense Counterproliferation Act of 1994 - Directs the United States to establish an integrated program in the Department of Defense (DOD) to counter potential threats to U.S. interests that arise from the proliferation of weapons of mass destruction (chemical, biological, and nuclear weapons, as well as their associated components, facilities, and delivery systems). Directs the Secretary of Defense to designate the Deputy Secretary of Defense as program manager. Authorizes funds from DOD's FY 1995 appropriations for the program.
Establishes a Counterproliferation Program Review Committee to: (1) optimize funding for, and ensure the development and deployment of, highly effective technologies and capabilities for the counterproliferation of such weapons; and (2) identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities. Provides for Committee access to all appropriate information. | {"src": "billsum_train", "title": "Defense Counterproliferation Act of 1994"} | 1,055 | 187 | 0.637707 | 1.725447 | 0.841083 | 3.987654 | 6.074074 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Plant Pest Detection and
Surveillance Improvement Act''.
SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PLANT PESTS.
Subtitle B of the Plant Protection Act (7 U.S.C. 7731 et seq.) is
amended by adding at the end the following:
``SEC. 427. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT
INTRODUCTION OR SPREAD OF PLANT PESTS.
``(a) Definitions.--In this section:
``(1) Department of agriculture.--The term `department of
agriculture' means an agency of a State that has a legal
responsibility to perform early plant pest detection and
surveillance activities.
``(2) Early plan pest detection and surveillance.--The term
`early plant pest detection and surveillance' means the full
range of activities undertaken to detect newly introduced plant
pests, whether the plant pests are new to the United States or
new to certain areas of the United States, before--
``(A) the plant pests become established; or
``(B) pest infestations become too large or costly
to eradicate or control.
``(b) Cooperative Agreements Authorized.--
``(1) In general.--The Secretary shall enter into a
cooperative agreement with each department of agriculture that
agrees to conduct early plant pest detection surveillance
activities in accordance with guidelines established under the
Cooperative Agricultural Pest Survey.
``(2) Activities.--The pest detection surveillance
activities of the department of agriculture of a State may
include inspection and surveillance of domestic plant shipments
between that State and other States.
``(c) Application.--
``(1) In general.--A department of agriculture seeking to
enter into a cooperative agreement under this section shall
submit an application to the Secretary containing such
information as the Secretary may require.
``(2) Notification.--The Secretary shall notify applicants
of--
``(A) the requirements to be imposed on a
department of agriculture for auditing of, and
reporting on, the use of any funds provided by the
Secretary under the cooperative agreement;
``(B) the criteria to be used to ensure that early
plant pest detection and surveillance activities
supported under the cooperative agreement are based on
knowledge, experience, and capabilities;
``(C) the means of identifying pathways of pest
introductions; amd
``(D) the methods to be used to determine the level
of support for proposed early plant pest detection and
surveillance activities by private and public interests
adversely affected by plant pests.
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with the National Plant Board and the National
Association of State Departments of Agriculture.
``(e) Base Funds Under Agreements.--
``(1) In general.--Subject to the availability of
appropriated funds to carry out this section, each State
department of agriculture with which the Secretary enters into
a cooperative agreement under this section shall receive a base
level of funding of $250,000 for each of fiscal years 2008
through 2012.
``(2) Insufficient funds.--If the funds available for a
fiscal year are insufficient to provide the full amount
required under paragraph (1), the Secretary shall reduce the
amount provided to each State as necessary so that each State
receives an equal amount of the available funds.
``(f) Distribution of Remaining Funds.--After the application of
subsection (e), the Secretary shall distribute any remaining funds
appropriated to carry out this section to departments of agriculture of
States that are recognized as high-risk sentinel States for 1 or more
plant pests, based on--
``(1) the number of international airports and maritime
facilities in the State;
``(2) the volume of international passenger and cargo entry
into the State;
``(3) the geographic location of the State, taking into
consideration whether the location of the State would be
conducive to agricultural pest and disease establishment due to
both the climate and crop diversity of the State;
``(4) whether the State has received an emergency
declaration, as authorized by section 442, due to an
agricultural pest or disease of Federal concern; and
``(5) such other factors as the Secretary determines
appropriate.
``(g) Use of Funds.--
``(1) Pest detection and surveillance activities.--A
department of agriculture that receives funds under this
section shall use the funds to carry out early plant pest
detection and surveillance activities to prevent the
introduction of a pest or facilitate the eradication of a pest.
``(2) Subagreements.--Nothing in this section prevents the
department of agriculture of a State from using funds received
under subsection (e) or (f) to enter into subagreements with
political subdivisions in the State that have legal
responsibilities relating to agricultural pest and disease
surveillance.
``(3) Implementation.--In carrying out this section, a
department of agriculture of a State shall use funds provided
under subsection (e) or (f) in a manner that--
``(A) maximizes the use of the funds to carry out
activities described in paragraph (1); and
``(B) minimizes the use of the funds for
administrative or overhead costs.
``(4) Maintenance of funding.--Funds provided under
subsection (e) or (f) shall supplement (and not supplant) other
funding available to a department of agriculture to perform
early plant pest detection and surveillance activities.
``(h) Reporting Requirement.--Not later than 180 days after the
date of completion of an early plant pest detection and surveillance
activity conducted by a department of agriculture using funds provided
under this section, the department of agriculture shall submit to the
Secretary a report that describes the purposes and results of the
activities.
``(i) No Effect on PILT Payments.--The receipt of funds by the
department of agriculture of a State under this section shall have no
effect on the amount of any payment received by the State under chapter
69 of title 31, United States Code.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this section such sums as are
necessary for each of fiscal years 2008 through 2012.
``(2) Limitation on administrative costs.--Not more than 5
percent of the funds appropriated for a fiscal year under
paragraph (1) may be used by the Secretary for administrative
costs of carrying out this section.''. | Early Plant Pest Detection and Surveillance Improvement Act - Directs the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states. | {"src": "billsum_train", "title": "A bill to amend the Plant Protection Act to authorize the Secretary of Agriculture to enter into cooperative agreements with States to augment the efforts of the States to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States, and for other purposes."} | 1,444 | 65 | 0.669565 | 1.469832 | 0.999788 | 4.5 | 25.826923 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security Act of 2014''.
SEC. 2. ELIMINATION OF DISINCENTIVE TO POOLING FOR MULTIPLE EMPLOYER
PLANS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
final regulations under which a plan described in section 413(c) of the
Internal Revenue Code of 1986 may be treated as satisfying the
qualification requirements of section 401(a) of such Code despite the
violation of such requirements with respect to one or more
participating employers. Such rules may require that the portion of the
plan attributable to such participating employers be spun off to plans
maintained by such employers.
SEC. 3. MODIFICATION OF ERISA RULES RELATING TO MULTIPLE EMPLOYER
DEFINED CONTRIBUTION PLANS.
(a) In General.--
(1) Requirement of common interest.--Section 3(2) of the
Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following:
``(C)(i) A qualified multiple employer plan shall not fail
to be treated as an employee pension benefit plan or pension
plan solely because the employers sponsoring the plan share no
common interest.
``(ii) For purposes of this subparagraph, the term
`qualified multiple employer plan' means a plan described in
section 413(c) of the Internal Revenue Code of 1986 which--
``(I) is an individual account plan with respect to
which the requirements of clauses (iii), (iv), and (v)
are met, and
``(II) includes in its annual report required to be
filed under section 104(a) the name and identifying
information of each participating employer.
``(iii) The requirements of this clause are met if, under
the plan, each participating employer retains fiduciary
responsibility for--
``(I) the selection and monitoring of the named
fiduciary, and
``(II) the investment and management of the portion
of the plan's assets attributable to employees of the
employer to the extent not otherwise delegated to
another fiduciary.
``(iv) The requirements of this clause are met if, under
the plan, a participating employer is not subject to
unreasonable restrictions, fees, or penalties by reason of
ceasing participation in, or otherwise transferring assets
from, the plan.
``(v) The requirements of this clause are met if each
participating employer in the plan is an eligible employer as
defined in section 408(p)(2)(C)(i) of the Internal Revenue Code
of 1986, applied--
``(I) by substituting `500' for `100' in subclause
(I) thereof,
``(II) by substituting `5' for `2' each place it
appears in subclause (II) thereof, and
``(III) without regard to the last sentence of
subclause (II) thereof.''.
(2) Simplified reporting for small multiple employer
plans.--Section 104(a) of such Act (29 U.S.C. 1024(a)) is
amended by adding at the end the following:
``(7)(A) In the case of any eligible small multiple employer plan,
the Secretary may by regulation--
``(i) prescribe simplified summary plan descriptions,
annual reports, and pension benefit statements for purposes of
section 102, 103, or 105, respectively, and
``(ii) waive the requirement under section 103(a)(3) to
engage an independent qualified public accountant in cases
where the Secretary determines it appropriate.
``(B) For purposes of this paragraph, the term `eligible small
multiple employer plan' means, with respect to any plan year--
``(i) a qualified multiple employer plan, as defined in
section 3(2)(C)(ii), or
``(ii) any other plan described in section 413(c) of the
Internal Revenue Code of 1986 that satisfies the requirements
of clause (v) of section 3(2)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2014.
SEC. 4. SECURE DEFERRAL ARRANGEMENTS.
(a) In General.--Subsection (k) of section 401 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(14) Alternative method for secure deferral arrangements
to meet nondiscrimination requirements.--
``(A) In general.--A secure deferral arrangement
shall be treated as meeting the requirements of
paragraph (3)(A)(ii).
``(B) Secure deferral arrangement.--For purposes of
this paragraph, the term `secure deferral arrangement'
means any cash or deferred arrangement which meets the
requirements of subparagraphs (C), (D), and (E) of
paragraph (13), except as modified by this paragraph.
``(C) Qualified percentage.--For purposes of this
paragraph, with respect to any employee, the term
`qualified percentage' means, in lieu of the meaning
given such term in paragraph (13)(C)(iii), any
percentage determined under the arrangement if such
percentage is applied uniformly and is--
``(i) at least 6 percent, but not greater
than 10 percent, during the period ending on
the last day of the first plan year which
begins after the date on which the first
elective contribution described in paragraph
(13)(C)(i) is made with respect to such
employee,
``(ii) at least 8 percent during the first
plan year following the plan year described in
clause (i), and
``(iii) at least 10 percent during any
subsequent plan year.
``(D) Matching contributions.--
``(i) In general.--For purposes of this
paragraph, an arrangement shall be treated as
having met the requirements of paragraph
(13)(D)(i) if and only if the employer makes
matching contributions on behalf of each
employee who is not a highly compensated
employee in an amount equal to the sum of--
``(I) 100 percent of the elective
contributions of the employee to the
extent that such contributions do not
exceed 1 percent of compensation,
``(II) 50 percent of so much of
such contributions as exceed 1 percent
but do not exceed 6 percent of
compensation, plus
``(III) 25 percent of so much of
such contributions as exceed 6 percent
but do not exceed 10 percent of
compensation.
``(ii) Application of rules for matching
contributions.--The rules of clause (ii) of
paragraph (12)(B) and clauses (iii) and (iv) of
paragraph (13)(D) shall apply for purposes of
clause (i) but the rule of clause (iii) of
paragraph (12)(B) shall not apply for such
purposes. The rate of matching contribution for
each incremental deferral must be at least as
high as the rate specified in clause (i), and
may be higher, so long as such rate does not
increase as an employee's rate of elective
contributions increases.''.
(b) Matching Contributions and Employee Contributions.--Subsection
(m) of section 401 of the Internal Revenue Code of 1986 is amended by
redesignating paragraph (13) as paragraph (14) and by inserting after
paragraph (12) the following new paragraph:
``(13) Alternative method for secure deferral
arrangements.--A defined contribution plan shall be treated as
meeting the requirements of paragraph (2) with respect to
matching contributions and employee contributions if the plan--
``(A) is a secure deferral arrangement (as defined
in subsection (k)(14)),
``(B) meets the requirements of clauses (ii) and
(iii) of paragraph (11)(B), and
``(C) provides that matching contributions on
behalf of any employee may not be made with respect to
an employee's contributions or elective deferrals in
excess of 10 percent of the employee's compensation.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2014.
SEC. 5. CREDIT FOR EMPLOYERS WITH RESPECT TO MODIFIED SAFE HARBOR
REQUIREMENTS.
(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. CREDIT FOR SMALL EMPLOYERS WITH RESPECT TO MODIFIED SAFE
HARBOR REQUIREMENTS FOR AUTOMATIC CONTRIBUTION
ARRANGEMENTS.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the safe harbor adoption credit determined under this
section for any taxable year is the amount equal to the total of the
employer's matching contributions under section 401(k)(14)(D) during
the taxable year on behalf of employees who are not highly compensated
employees, subject to the limitations of subsection (b).
``(b) Limitations.--
``(1) Limitation with respect to compensation.--The credit
determined under subsection (a) with respect to contributions
made on behalf of an employee who is not a highly compensated
employee shall not exceed 2 percent of the compensation of such
employee for the taxable year.
``(2) Limitation with respect to years of participation.--
Credit shall be determined under subsection (a) with respect to
contributions made on behalf of an employee who is not a highly
compensated employee only during the first 5 years such
employee participates in the qualified automatic contribution
arrangement.
``(c) Definitions.--
``(1) In general.--Any term used in this section which is
also used in section 401(k)(14) shall have the same meaning as
when used in such section.
``(2) Small employer.--The term `small employer' means an
eligible employer (as defined in section 408(p)(2)(C)(i)).
``(d) Denial of Double Benefit.--No deduction shall be allowable
under this title for any contribution with respect to which a credit is
allowed under this section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``plus'' at the end of paragraph (35),
(2) by striking the period at the end of paragraph (36) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(37) the safe harbor adoption credit determined under
section 45S.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding after the item relating to section 45R the
following new item:
``Sec. 45S. Credit for small employers with respect to modified safe
harbor requirements for automatic
contribution arrangements.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years that include any portion of a plan year
beginning after December 31, 2014.
SEC. 6. MODIFICATION OF REGULATIONS.
The Secretary of the Treasury shall promulgate regulations or other
guidance that--
(1) simplify and clarify the rules regarding the timing of
participant notices required under section 401(k)(13)(E) of the
Internal Revenue Code of 1986, with specific application to--
(A) plans that allow employees to be eligible for
participation immediately upon beginning employment,
and
(B) employers with multiple payroll and
administrative systems, and
(2) simplify and clarify the automatic escalation rules
under sections 401(k)(13)(C)(iii) and 401(k)(14)(C) of the
Internal Revenue Code of 1986 in the context of employers with
multiple payroll and administrative systems.
Such regulations or guidance shall address the particular case of
employees within the same plan who are subject to different notice
timing and different percentage requirements, and provide assistance
for plan sponsors in managing such cases.
SEC. 7. OPPORTUNITY TO CLAIM THE SAVER'S CREDIT ON FORM 1040EZ.
The Secretary of the Treasury shall modify the forms for the return
of tax of individuals in order to allow individuals claiming the credit
under section 25B of the Internal Revenue Code of 1986 to file (and
claim such credit on) Form 1040EZ. | Retirement Security Act of 2014 - Directs the Secretary of the Treasury to: (1) prescribe final regulations to permit employers to participate in multiple employer pension benefit plans, (2) promulgate regulations or other guidance to simplify and clarify rules relating to the timing of participant notices required under tax-preferred pension plans and the automatic escalation rules, and (3) modify the 1040EZ tax return form to allow taxpayers to claim the tax credit for retirement savings (saver's credit) on such form. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code, with respect to employer pension benefit plans, to: (1) allow employers to maintain a tax-exempt multiple employer pension benefit plan even if the employers sponsoring the plan share no common interest, (2) modify requirements for secure deferral arrangements with respect to nondiscrimination and employer matching contributions, and (3) allow employers with not more than 100 employees a business-related tax credit to cover increased matching contributions required by this Act. | {"src": "billsum_train", "title": "Retirement Security Act of 2014"} | 2,824 | 265 | 0.492795 | 1.423057 | 0.677795 | 2.032258 | 13.370968 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stand By Your Ad Act of 2010''.
SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN COMMUNICATIONS FUNDED BY
CERTAIN TAX-EXEMPT ORGANIZATIONS OR POLITICAL
ORGANIZATIONS.
(a) Requiring Statement Identifying Largest Donors.--Section 318(d)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is
amended--
(1) in paragraph (2), by striking ``Any communication'' and
inserting ``Except as provided in paragraph (3), any
communication''; and
(2) by adding at the end the following new paragraph:
``(3) Special rules for communications paid for by certain
tax-exempt or political organizations.--
``(A) Disclosure statement required.--Any
communication described in paragraph (3) of subsection
(a) which is funded in whole or in part by a covered
section 501(c) organization or a political organization
and which is transmitted through radio or television
shall include, in addition to the requirements of that
paragraph, the disclosure statement described in
subparagraph (C).
``(B) Method of conveyance of statement.--
``(i) Communications transmitted through
radio.--In the case of a communication to which
this paragraph applies which is transmitted
through radio, the disclosure statement
described in subparagraph (C) shall be made by
audio in a clearly spoken manner.
``(ii) Communications transmitted through
television.--In the case of a communication to
which this paragraph applies which is
transmitted through television, the disclosure
statement described in subparagraph (C) shall
be conveyed by an unobscured, full-screen view
of a representative of the organization, or by
a representative of the organization making the
statement in voice-over. The statement,
together with clearly readable logos of the
organization and each donor identified in the
disclosure statement (if any), shall also
appear in writing at the end of the
communication in a clearly readable manner with
a reasonable degree of color contrast between
the background and the printed statement and
logos, for a period of at least 4 seconds.
``(C) Disclosure statement described.--The
disclosure statement described in this subparagraph is
the following: `This advertisement was paid for by
_______, whose funders include _______. For a full list
of donors, go to _______.', with--
``(i) the first blank to be filled in with
the name of the covered section 501(c)
organization or political organization
involved;
``(ii) the second blank to be filled in
with the names of the 5 persons who provided
the largest amount of funding to the
organization for any purpose during the 12-
month period which ends on the date on which
the organization paid for the communication;
and
``(iii) the third blank to be filled in
with the Internet address of the website of the
organization which includes the information the
organization is required to post and maintain
under subsections (c)(4) and (f)(8) of section
304.
``(D) Definitions.--In this paragraph--
``(i) the term `political organization'
means a political organization described in
section 527 of the Internal Revenue Code of
1986, except that such term does not include a
political committee of a political party; and
``(ii) the term `covered section 501(c)
organization' means--
``(I) an organization described in
paragraph (4), (5), or (6) of section
501(c) of the Internal Revenue Code of
1986 and exempt from taxation under
section 501(a) of such Code; or
``(II) an organization which has
submitted an application to the
Internal Revenue Service for
determination of its status as an
organization described in subclause
(I).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to communications made on or after the date of the
enactment of this Act.
SEC. 3. REQUIRING ORGANIZATIONS TO INCLUDE INFORMATION ON LARGEST
DONORS IN REPORTS ON INDEPENDENT EXPENDITURES AND
ELECTIONEERING COMMUNICATIONS.
(a) Reports on Independent Expenditures.--
(1) Contents of statements.--Section 304(c)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)(2)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) if the person making the independent expenditure is a
covered section 501(c) organization or a political organization
(as such terms are defined in section 318(d)(3)(D)), the
identification of the 5 persons who provided the largest amount
of funding to the organization for any purpose, together with
the amount of funding each such person provided, during the 12-
month period which ends on the date on which the organization
made the independent expenditure.''.
(2) Posting of information on website.--Section 304(c) of
such Act (2 U.S.C. 434(c)) is amended by adding at the end the
following new paragraph:
``(4) Each covered section 501(c) organization or political
organization which is required to include the information described in
paragraph (2)(D) in the statements required to be filed under this
subsection shall post and maintain such information on a publicly
available official website of the organization.''.
(b) Reports on Electioneering Communications.--
(1) Contents of statements.--Section 304(f)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(2)) is
amended by adding at the end the following new subparagraph:
``(G) If the person making the disbursement is a
covered section 501(c) organization or a political
organization (as such terms are defined in section
318(d)(3)(D)), the identification of the 5 persons who
provided the largest amount of funding to the person
for any purpose, together with the amount of funding
each such person provided, during the 12-month period
which ends on the date on which the organization made
the disbursement.''.
(2) Posting of information on website.--Section 304(f) of
such Act (2 U.S.C. 434(f)) is amended by adding at the end the
following new paragraph:
``(8) Posting certain donor information on website.--Each
covered section 501(c) organization or political organization
which is required to include the information described in
paragraph (2)(G) in the statements required to be filed under
this subsection shall post and maintain such information on a
publicly available official website of the organization.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to statements filed after the date of the enactment
of this Act. | Stand By Your Ad Act of 2010 - Amends the Federal Election Campaign Act of 1971 to require certain campaign-related communications which are paid for by certain tax-exempt organizations or political organizations to include a statement naming their five largest donors.
Requires organizations to include information on their largest donors in reports on independent expenditures and electioneering communications. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications which are paid for by certain tax-exempt organizations or political organizations to include a statement naming their five largest donors, and for other purposes."} | 1,620 | 78 | 0.500172 | 1.193071 | 0.907048 | 3.984615 | 21.953846 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Oceanographic Partnership
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The oceans and coastal areas of the United States are
among the Nation's most valuable natural resources, making
substantial contributions to economic growth, quality of life,
and national security.
(2) Oceans drive global and regional climate. Hence, they
contain information affecting agriculture, fishing, and the
prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and
protecting their limited resources. Therefore, the United
States should maintain its world leadership in oceanography as
one key to its competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in
the ocean sciences and education, so that optimal use can be
made of this most important natural resource for the well-being
of all Americans.
SEC. 3. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
(a) Program Required.--(1) Subtitle C of title 10, United States
Code, is amended by adding after chapter 663 the following new chapter:
``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Partnership Coordinating Group.
``7904. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
``(a) Establishment.--The Secretary of the Navy shall establish a
program to be known as the `National Oceanographic Partnership
Program'.
``(b) Purposes.--The purposes of the program are as follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality of
life, and strengthening science education and communication
through improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) identifying and carrying out partnerships
among Federal agencies, academia, industry, and other
members of the oceanographic scientific community in
the areas of data, resources, education, and
communication; and
``(B) reporting annually to Congress on the
program.
``Sec. 7902. National Ocean Research Leadership Council
``(a) Council.--There is a National Ocean Research Leadership
Council (hereinafter in this chapter referred to as the ``Council'').
``(b) Membership.--The Council is composed of the following
members:
``(1) The Secretary of the Navy, who shall be the chairman
of the Council.
``(2) The Administrator of the National Oceanic and
Atmospheric Administration, who shall be the vice chairman of
the Council.
``(3) The Director of the National Science Foundation.
``(4) The Administrator of the National Aeronautics and
Space Administration.
``(5) The Deputy Secretary of Energy.
``(6) The Administrator of the Environmental Protection
Agency.
``(7) The Commandant of the Coast Guard.
``(8) The Director of the Geological Survey of the
Department of the Interior.
``(9) The Director of the Defense Advanced Research
Projects Agency.
``(10) The Director of the Minerals Management Service of
the Department of the Interior.
``(11) The President of the National Academy of Sciences,
the President of the National Academy of Engineering, and the
President of the Institute of Medicine.
``(12) The Director of the Office of Science and
Technology.
``(13) The Director of the Office of Management and Budget.
``(14) One member appointed by the Chairman from among
individuals who will represent the views of ocean industries.
``(15) One member appointed by the Chairman from among
individuals who will represent the views of State governments.
``(16) One member appointed by the Chairman from among
individuals who will represent the views of academia.
``(17) One member appointed by the Chairman from among
individuals who will represent such other views as the Chairman
considers appropriate.
``(c) Term of Office.--The term of office of a member of the
Council appointed under paragraph (14), (15), (16), or (17) of
subsection (b) shall be two years, except that any person appointed to
fill a vacancy occurring before the expiration of the term for which
his predecessor was appointed shall be appointed for the remainder of
such term.
``(d) Responsibilities.--The Council shall have the following
responsibilities:
``(1) To establish the Ocean Research Partnership
Coordinating Group as provided in section 7903.
``(2) To establish the Ocean Research Advisory Panel as
provided in section 7904.
``(3) To submit to Congress an annual report pursuant to
subsection (e).
``(e) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
``(1) A description of activities of the program carried
out during the fiscal year before the fiscal year in which the
report is prepared. The description also shall include a list
of the members of the Ocean Research Partnership Coordinating
Group, the Ocean Research Advisory Panel, and any working
groups in existence during the fiscal year covered.
``(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
``(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
``(4) A description of the involvement of the program with
Federal interagency coordinating entities.
``(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the fiscal
year following the fiscal year in which the report is prepared,
for the programs, projects, and activities of the program and
the estimated expenditures under such programs, projects, and
activities during such following fiscal year.
``Sec. 7903. Ocean Research Partnership Coordinating Group
``(a) Establishment.--The Council shall establish an entity to be
known as the `Ocean Research Partnership Coordinating Group'
(hereinafter in this chapter referred to as the `Coordinating Group').
``(b) Membership.--The Coordinating Group shall consist of members
appointed by the Council, with one member appointed from each Federal
department or agency having an oceanographic research or development
program.
``(c) Chairman.--The Council shall appoint the Chairman of the
Coordinating Group.
``(d) Responsibilities.--Subject to the authority, direction, and
control of the Council, the Coordinating Group shall have the following
responsibilities:
``(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
``(2) To review, select, and identify and allocate funds
for partnership projects for implementation under the program,
based on the following criteria:
``(A) Whether the project addresses critical
research objectives or operational goals, such as data
accessibility and quality assurance, sharing of
resources, education, or communication.
``(B) Whether the project has broad participation
within the oceanographic community.
``(C) Whether the partners have a long-term
commitment to the objectives of the project.
``(D) Whether the resources supporting the project
are shared among the partners.
``(E) Whether the project has been subjected to
adequate peer review.
``(3) To promote participation in partnership projects by
each Federal department and agency involved with oceanographic
research and development by publicizing the program and by
prescribing guidelines for participation in the program.
``(4) To submit to the Council an annual report pursuant to
subsection (i).
``(e) Partnership Program Office.--The Coordinating Group shall
establish, using competitive procedures, and oversee a partnership
program office to carry out such duties as the Chairman of the
Coordinating Group considers appropriate to implement the National
Oceanographic Partnership Program, including the following:
``(1) To establish and oversee working groups to propose
partnership projects to the Coordinating Group and advise the
Group on such projects.
``(2) To manage peer review of partnership projects
proposed to the Coordinating Group and competitions for
projects selected by the Group.
``(3) To submit to the Coordinating Group an annual report
on the status of all partnership projects and activities of the
office.
``(f) Contract and Grant Authority.--The Coordinating Group may
authorize one or more of the departments or agencies represented in the
Group to enter into contracts and make grants, using funds appropriated
pursuant to an authorization for the National Oceanographic Partnership
Program, for the purpose of implementing the program and carrying out
the Coordinating Group's responsibilities.
``(g) Forms of Partnership Projects.--Partnership projects selected
by the Coordinating Group may be in any form that the Coordinating
Group considers appropriate, including memoranda of understanding,
cooperative research and development agreements, and similar
instruments.
``(h) Annual Report.--Not later than February 1 of each year, the
Coordinating Group shall submit to the Council a report on the National
Oceanographic Partnership Program. The report shall contain, at a
minimum, copies of any recommendations or reports to the Coordinating
Group by the Ocean Research Advisory Panel.
``Sec. 7904. Ocean Research Advisory Panel
``(a) Establishment.--The Council shall appoint an Ocean Research
Advisory Panel (hereinafter in this chapter referred to as the
`Advisory Panel') consisting of not less than 10 and not more than 18
members.
``(b) Membership.--Members of the Advisory Panel shall be appointed
from among persons who are eminent in the fields of marine science or
marine policy, or related fields, and who are representative, at a
minimum, of the interests of government, academia, and industry.
``(c) Responsibilities.--(1) The Coordinating Group shall refer to
the Advisory Panel, and the Advisory Panel shall review, each proposed
partnership project estimated to cost more than $500,000. The Advisory
Panel shall make any recommendations to the Coordinating Group that the
Advisory Panel considers appropriate regarding such projects.
``(2) The Advisory Panel shall make any recommendations to the
Coordinating Group regarding activities that should be addressed by the
National Oceanographic Partnership Program that the Advisory Panel
considers appropriate.''.
(2) The table of chapters at the beginning of subtitle C of title
10, United States Code, and at the beginning of part IV of such
subtitle, are each amended by inserting after the item relating to
chapter 663 the following:
``665. National Oceanographic Partnership Program........... 7901''.
(b) Initial Appointments of Council Members.--The Secretary of the
Navy shall make the appointments required by section 7902(b) of title
10, United States Code, as added by subsection (a)(1), not later than
December 1, 1996.
(c) Initial Appointments of Advisory Panel Members.--The National
Ocean Research Leadership Council established by section 7902 of title
10, United States Code, as added by subsection (a)(1), shall make the
appointments required by section 7904 of such title not later than
January 1, 1997.
(d) First Annual Report of National Ocean Research Leadership
Council.--The first annual report required by section 7902(e) of title
10, United States Code, as added by subsection (a)(1), shall be
submitted to Congress not later than March 1, 1997. The first report
shall include, in addition to the information required by such section,
information about the terms of office, procedures, and responsibilities
of the Ocean Research Advisory Panel established by the Council.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 for the National Oceanographic Partnership
Program for fiscal year 1997.
(f) Required Funding for Program Office.--Of the amount
appropriated for the National Oceanographic Partnership Program for
fiscal year 1997, at least $500,000, or 3 percent of the amount
appropriated, whichever is greater, shall be available for operations
of the partnership program office established pursuant to section
7903(e) of title 10, United States Code, for such fiscal year. | National Oceanographic Partnership Act - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program.
Establishes the: (1) National Ocean Research Leadership Council; (2) Ocean Research Partnership Coordinating Group; and (3) Ocean Research Advisory Panel under the program. Sets forth the composition of membership and specified duties of each. Mandates certain annual reports.
Authorizes appropriations for the National Oceanographic Partnership Program for FY 1997 and requires that a certain amount be available for the operations of the partnership program office for such fiscal year. | {"src": "billsum_train", "title": "National Oceanographic Partnership Act"} | 2,730 | 115 | 0.557692 | 1.521736 | 0.633843 | 2.759259 | 24.712963 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Former Civilian Prisoners of War
Benefits Act of 1996''.
SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS.
(a) Eligibility.--A former civilian prisoner of war is entitled to
receive necessary medical care and is entitled to receive disability
benefits under this Act for any injury or disability resulting from the
period of internment or hiding.
(b) Presumptive Medical Conditions.--Any presumptive medical or
dental condition related to a period of internment that is provided for
former military prisoners of war under section 1112(b) of title 38,
United States Code, shall be applicable under this Act to former
civilian prisoners of war and shall be considered for such purposes to
have been incurred in or aggravated by such period of internment or
hiding, without regard to the absence of any record of such injury.
(c) Payment of Medical Benefits.--(1) The Secretary of Labor shall
facilitate the prompt payment or reimbursement for reasonable and
necessary expenditures for all medical treatment, including
rehabilitation, mental health services, and dental care, provided under
this section for which a claim and any documentation determined
necessary by the Secretary is filed with the Secretary.
(2) The rate of payment for such medical treatment shall be as
provided in the schedule of payments in effect at the time of such
treatment for payments made under workers' compensation programs
administered by the Secretary of Labor. To the extent a particular
treatment is not covered by such schedule, or as otherwise determined
necessary by the Secretary, the Secretary may establish a schedule of
payments for purposes of this subsection. Any such schedule shall be
established in consultation with the Secretary of Veterans Affairs.
(d) Waiver of Limitations.--There shall be no limitation on the
total medical or disability benefits that a former civilian prisoner of
war may receive under this Act for any injury or disability resulting
from a period of internment or hiding.
(e) Rate of Compensation.--Compensation for a disability referred
to in subsection (a) shall be at the rate equal to the minimum monthly
rate of compensation payable for a total disability covered by chapter
81 of title 5, United States Code, as computed under section 8112(a) of
that title.
(f) Crediting Benefits Under the Social Security Act.--The benefits
provided by this section to any person shall be reduced to the extent
such benefits are provided under title XVIII of the Social Security
Act, or any private insurance, for the same medical condition or
disability.
SEC. 3. ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Labor shall establish an
advisory committee to be known as the Former Civilian Prisoner of War
Advisory Committee. The Secretary shall consult with and seek the
advice of the advisory committee with respect to the administration of
benefits under this Act.
(b) Members.--The members of the advisory committee shall be
appointed by the Secretary from the general public and shall include
appropriate representatives of former civilian prisoners of war and
individuals who are recognized authorities in fields pertinent to the
injuries and disabilities prevalent among former civilian prisoners of
war. The Secretary shall determine the number, terms of service, and
pay and allowances of members of the advisory committee.
SEC. 4. REPORT TO CONGRESS.
Not later than March 1 of each year, the Secretary of Labor shall
submit to Congress a report on the programs and activities of the
Department of Labor that pertain to former civilian prisoners of war.
The Secretary shall include in the report--
(1) an assessment of the needs of such civilian prisoners
of war with respect to health and disability benefits;
(2) a review of the programs and activities of the Office
of Workers' Compensation Program designed to meet such needs;
and
(3) a summary of recommendations made by the advisory
committee under section 3 and a description of actions taken by
the Secretary arising from those recommendations.
SEC. 5. INFORMATION ON BENEFITS.
Not later than 90 days after the date of the enactment of this Act,
and at appropriate times thereafter, the Secretary of Labor shall seek
out former civilian prisoners of war and provide them with information
regarding applicable changes in law, regulations, and services to which
they are entitled under this Act.
SEC. 6. REGULATIONS.
The Secretary of Labor shall prescribe regulations to ensure that
benefits provided to former civilian prisoners of war under this Act
are coordinated with, and do not duplicate any benefits provided to
such persons under, the War Claims Act of 1948 (50 U.S.C. App. 2001 et
seq.).
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1)(A) Except as provided in subparagraph (B), the term
``former civilian prisoner of war'' means a person determined
by the Secretary of Labor, in consultation with the Secretary
of State and the Secretary of Defense, as being someone who,
before the date of enactment of this Act and being then a
citizen of the United States, was forcibly interned by an enemy
government or its agents, or a hostile force, or went into
hiding in order to avoid capture by such government, its
agents, or hostile force, during a period of war, or other
period for at least 30 days, including those interned or who
went into hiding--
(i) in the Asian-Pacific Theater or the European
Theater of World War II during the period beginning on
September 1, 1939, and ending on December 31, 1946;
(ii) in Korea during the period beginning on June
25, 1950, and ending on July 1, 1955; or
(iii) in Vietnam during the period beginning on
February 28, 1961, and ending on May 7, 1975.
(B) Such term does not apply to--
(i) a person who at any time voluntarily gave aid
to, collaborated with, or in any manner served such
government, or
(ii) a person who at the time of capture or
entrance into hiding was--
(I) a person within the purview of the Act
entitled ``An Act to provide compensation for
employees of the United States suffering
injuries while in the performance of their
duties, and for other purposes'', approved
September 7, 1916;
(II) a person within the purview of the Act
entitled ``An Act to provide benefits for the
injury, disability, death, or enemy detention
of employees of contractors with the United
States, and for other purposes'', approved
December 2, 1942; or
(III) a regularly appointed, enrolled,
enlisted, or inducted member of any military or
naval force.
(2) The term ``hostile force'' means any nation, or any
national thereof, or any other person serving a foreign
nation--
(A) engaged in war against the United States or any
of its allies; or
(B) engaged in armed conflict, whether or not war
has been declared, against the United States or any of
its allies.
SEC. 8. EFFECTIVE DATE.
(a) Medical Care.--This Act shall apply only with respect to
medical care provided on or after the date of the enactment of this
Act.
(b) Disability Benefits.--No disability benefits may be paid under
this Act with respect to any period before the date of the enactment of
this Act. | Former Civilian Prisoners of War Benefits Act of 1996 - Entitles a former civilian prisoner of war (CPOW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical or dental condition related to a period of internment provided for former military POWs to be extended to CPOWs and requires such condition to be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Requires the Secretary of Labor to facilitate the payment of any expenditures for medical treatment under this Act.
Establishes the Former Civilian Prisoner of War Advisory Committee.
Directs the Secretary to report to the Congress on Department of Labor programs and activities pertaining to CPOWs. Directs the Secretary to seek out and inform eligible individuals of the benefits available under this Act. | {"src": "billsum_train", "title": "Former Civilian Prisoners of War Benefits Act of 1996"} | 1,572 | 209 | 0.613805 | 1.770014 | 0.868997 | 3.285714 | 8.982143 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2008''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following
new clause:
``(x) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there is authorized to be
appropriated such sums as are necessary to carry out
the provisions of this section, including section
205(c)(2)(C) of the Social Security Act, as added by
subsection (a), for each of the five fiscal years
beginning after the date of submittal of the report
under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1).
Passed the House of Representatives September 29, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Medicare Identity Theft Prevention Act of 2008 - Directs the Secretary of Health and Human Services to establish cost-effective procedures to ensure that Social Security account numbers are not included on Medicare cards.
Requires the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to report to Congress after one year on the implementation of this Act, including line-item estimates of and justifications for associated costs, taking into consideration, among other factors, cost-effectiveness and beneficiary outreach and education. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards."} | 967 | 110 | 0.51632 | 1.362412 | 0.951215 | 4.113402 | 9.216495 | 0.938144 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Hydration is an American Right
in Energy Development Act of 2013''.
SEC. 2. TESTING OF UNDERGROUND DRINKING WATER SOURCES IN CONNECTION
WITH HYDRAULIC FRACTURING OPERATIONS.
(a) In General.--Section 1421(b)(1) of the Safe Drinking Water Act
(42 U.S.C. 300h(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) shall prohibit the underground injection of fluids or
propping agents pursuant to hydraulic fracturing operations
related to oil, gas, or geothermal production activities unless
the person proposing to conduct the hydraulic fracturing
operations agrees to conduct testing and report data in
accordance with section 1421A.''.
(b) Testing and Reporting Requirements.--Part C of the Safe
Drinking Water Act is amended by inserting after section 1421 of such
Act (42 U.S.C. 300h) the following:
``SEC. 1421A. TESTING OF UNDERGROUND DRINKING WATER SOURCES IN
CONNECTION WITH HYDRAULIC FRACTURING OPERATIONS.
``(a) Requirements.--Regulations under section 1421(a) for State
underground injection control programs shall, in connection with the
underground injection of fluids or propping agents pursuant to
hydraulic fracturing operations related to oil, gas, or geothermal
production activities, require any person conducting such operations--
``(1) to conduct testing of underground sources of drinking
water in accordance with subsections (c) and (d)--
``(A) with respect to a site where, as of the date
of enactment of this section, underground injection has
not commenced for the first time--
``(i) prior to commencement of underground
injection at the site for the first time;
``(ii) at least once every 6 months during
the period beginning at the commencement of
underground injection described in clause (i)
and ending at the cessation of such hydraulic
fracturing operations; and
``(iii) at least once every 12 months
during the 5-year period following the end of
the period described in clause (ii);
``(B) with respect to a site where, as of the date
of enactment of this section, there is no active
underground injection, but underground injection has
previously occurred at the site--
``(i) prior to renewing underground
injection at the site;
``(ii) at least once every 6 months during
the period beginning at such renewal of
underground injection and ending at the
cessation of such hydraulic fracturing
operations; and
``(iii) at least once every 12 months
during the 5-year period following the end of
the period described in clause (ii); and
``(C) with respect to a site where, as of the date
of enactment of this section, such hydraulic fracturing
operations are occurring--
``(i) at least once every 6 months during
the period beginning on the date of enactment
of this section ending at the cessation of such
hydraulic fracturing operations; and
``(ii) at least once every 12 months during
the 5-year period following the end of the
period described in clause (i); and
``(2) to submit reports to the Administrator on the results
of testing under subparagraph (A), (B), or (C) of paragraph (1)
within 2 weeks of such testing.
``(b) Exception.--The testing and reporting requirements of
subsection (a) do not apply with respect to hydraulic fracturing
operations if there is no accessible underground source of drinking
water within a radius of one mile of the site where the operations
occur.
``(c) Sampling Locations.--Testing required pursuant to subsection
(a) shall occur--
``(1) at all accessible underground sources of drinking
water within a radius of one-half mile of the site where the
hydraulic fracturing operations occur; and
``(2) if there is no accessible underground source of
drinking water within such radius, at the nearest accessible
underground source of drinking water within a radius of one
mile of such site.
``(d) Testing.--Testing required pursuant to subsection (a) shall--
``(1) be conducted by one or more laboratories certified
pursuant to the Environmental Protection Agency's program for
certifying laboratories for analysis of drinking water
contaminants; and
``(2) include testing for any hazardous substance,
pollutant, contaminant, or other factor that the Administrator
determines would indicate damage associated with hydraulic
fracturing operations.
``(e) Database; Public Accessibility.--
``(1) Database.--The Administrator shall establish and
maintain a database of the results reported pursuant to
subsection (a)(2).
``(2) Public accessibility.--The Administrator shall make
such database publicly accessible on the Website of the
Environmental Protection Agency.
``(3) Public searchability.--The Administrator shall make
such database searchable by zip code, allowing members of the
public to easily identify all sites for which reports are
submitted pursuant to subsection (a)(2).
``(f) Definition.--In this section, the term `accessible
underground source of drinking water' means an underground source of
drinking water to which the person conducting the hydraulic fracturing
operations can reasonably gain access.''.
(c) Conforming Amendment.--Section 1421(d)(1)(B)(ii) of the Safe
Drinking Water Act (42 U.S.C. 300h(d)(1)(B)(ii)) is amended by
inserting ``except as provided in subsection (b)(1)(E) of this section
and section 1421A,'' before ``the underground injection of fluids or
propping agents (other than diesel fuels) pursuant to hydraulic
fracturing operations related to oil, gas, or geothermal production
activities''. | Safe Hydration is an American Right in Energy Development Act of 2013 - Amends the Safe Drinking Water Act to require states, in order to obtain primary enforcement responsibility for a state underground injection control program, to prohibit the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities unless the person proposing to conduct the hydraulic fracturing operations agrees to conduct testing and report data in accordance with this Act. Directs regulations under such Act for state underground injection control programs to require any person conducting such hydraulic fracturing operations to: (1) conduct testing of underground sources of drinking water in accordance with sampling and testing requirements described in this Act, and (2) report to the Administrator of the Environmental Protection Agency (EPA) on the results of such testing. Exempts hydraulic fracturing operations from such testing and reporting requirements if there is no accessible underground source of drinking water within a radius of one mile of the site where the operations occur. Requires the Administrator to establish and maintain a publicly accessible and searchable database of such results. | {"src": "billsum_train", "title": "Safe Hydration is an American Right in Energy Development Act of 2013"} | 1,404 | 240 | 0.677641 | 1.966343 | 0.903148 | 4.878049 | 5.892683 | 0.936585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating American Jobs through
Exports Act of 2011''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) President Barack Obama launched the National Export
Initiative under Executive Order 13534 (75 Fed. Reg. 12433), an
ambitious plan to double exports within 5 years and boost the
dominant goods, agriculture, and services sectors of the United
States by leveraging the power of global markets to create more
jobs in the United States.
(2) The United States leads all other countries with
respect to the exportation of goods and services, with total
exports valued at almost $1,600,000,000,000 in 2009.
(3) Exports of goods and services from the United States
supported more than 10,000,000 jobs in 2008.
(4) United States exports exceeded 12 percent of the gross
domestic product in the first half of 2010.
(5) Ninety-five percent of the world population lives
outside the United States, and it is essential that businesses
based in the United States have the ability to access global
customers on a level playing field.
(6) Exports from the United States face barriers at every
turn and a recent study found that exports from 120 other
countries face fewer barriers than exports from the United
States, effectively making goods manufactured in the United
States, corn, hogs, and soybeans raised in the United States,
and services based in the United States more expensive than
comparable exports from other countries.
(7) Ninety percent of products imported into the United
States from Colombia and Panama enter the United States duty-
free, while the 10,000 United States businesses, 85 percent of
which are small- or medium-sized businesses, that export to
those markets face high tariffs.
(8) The Office of the United States Trade Representative
estimates that the pending United States-Korea Free Trade
Agreement will increase annual exports of goods from the United
States by up to $11,000,000,000, support at least 70,000 jobs
in the United States, and allow providers of services based in
the United States to compete in the services market of South
Korea, which is valued at more than $500,000,000,000.
(9) The European Union, whose companies compete head-to-
head with United States employers globally, has completed free
trade negotiations with Colombia, South Korea, and Panama, and
delay in the implementation of the free trade agreements
between those countries and the United States will result in a
loss in the competitiveness of exports from United States in
those markets when those countries' agreements with the
European Union go into effect.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should continue the National Export
Initiative to increase global export and investment
opportunities for the businesses that create jobs in the United
States; and
(2) the President should submit the United States-Korea
Free Trade Agreement, the United States-Colombia Trade
Promotion Agreement, and the United States-Panama Trade
Promotion Agreement to Congress, and Congress should approve
those agreements, to create jobs in the United States and
stimulate the economy by eliminating the barriers to trade
faced by United States exports that result in the loss of jobs
in the United States.
SEC. 3. RENEWAL OF TRADE PROMOTION AUTHORITY.
(a) In General.--Section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3803) is amended--
(1) in subsection (a)(1), by striking subparagraph (A) and
inserting the following:
``(A) may enter into trade agreements with foreign
countries--
``(i) on and after the date of the
enactment of the Creating American Jobs through
Exports Act of 2011 and before July 1, 2016; or
``(ii) on and after July 1, 2016, and
before July 1, 2018, if trade authorities
procedures are extended under subsection (c);
and'';
(2) in subsection (b)(1), by striking subparagraph (C) and
inserting the following:
``(C) The President may enter into a trade agreement under
this paragraph--
``(i) on and after the date of the enactment of the
Creating American Jobs through Exports Act of 2011 and
before July 1, 2016; or
``(ii) on and after July 1, 2016, and before July
1, 2018, if trade authorities procedures are extended
under subsection (c).''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``before July 1, 2005'' and inserting ``on and
after the date of the enactment of the Creating
American Jobs through Exports Act of 2011 and
before July 1, 2016''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``after June 30, 2005,
and before July 1, 2007'' and inserting
``on or after July 1, 2016, and before
July 1, 2018''; and
(II) in clause (ii), by striking
``July 1, 2005'' and inserting ``July
1, 2016'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``April 1, 2005'' and
inserting ``April 1, 2016'';
(C) in paragraph (3)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``June 1,
2005'' and inserting ``June 1, 2016''; and
(ii) in subparagraph (B)--
(I) by striking ``June 1, 2005''
and inserting ``June 1, 2016''; and
(II) by striking ``the date of
enactment of this Act'' and inserting
``the date of the enactment of the
Creating American Jobs through Exports
Act of 2011''; and
(D) in paragraph (5), by striking ``June 30, 2005''
each place it appears and inserting ``June 30, 2016''.
(b) Treatment of Certain Trade Agreements for Which Negotiations
Have Already Begun.--Section 2106 of the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3806) is amended by striking
``applies--'' and all that follows through the end period and inserting
``applies results from negotiations that were commenced before the date
of the enactment of the Creating American Jobs through Exports Act of
2011, subsection (b) shall apply.''. | Creating American Jobs through Exports Act of 2011 - Expresses the sense of Congress that the President should: (1) continue the National Export Initiative to increase global export and investment opportunities for U.S. businesses that create jobs in the United States; and (2) submit the United States-Korea Free Trade Agreement, the United States-Colombia Trade Promotion Agreement, and the United States-Panama Trade Promotion Agreement to Congress, and Congress should approve them, to create U.S. jobs and stimulate the economy by eliminating trade barriers faced by U.S. exports that result in loss of jobs in the United States.
Amends the Bipartisan Trade Promotion Authority Act of 2002 to authorize the President to enter into trade agreements with foreign countries regarding tariff and nontariff trade barriers: (1) on and after enactment of this Act and before July 1, 2016; or (2) on and after July 1, 2016, and before July 1, 2018, if certain congressional trade authorities procedures for implementing trade bills are extended for such period.
Applies certain congressional and presidential trade authorities requirements to trade agreements that resulted from negotiations commenced before enactment of this Act. | {"src": "billsum_train", "title": "A bill to renew trade promotion authority, and for other purposes."} | 1,444 | 243 | 0.542517 | 1.655261 | 0.766789 | 4.824885 | 6.400922 | 0.917051 |
SECTION 1. SHORT TITLE; AMENDMENT REFERENCES.
(a) Short Title.--This Act may be cited as the ``Drug Czar
Responsibility and Accountability Act of 1998''.
(b) Amendment References.--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
National Narcotics Leadership Act of 1988 (21 U.S.C. 1501 et seq.).
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Overall drug use among children aged 12 to 17 in 1992
was 5.3 percent. In 1996, it was 9 percent, an increase of 70
percent.
(2) Use of any illicit drug among 8th graders in 1992 was
12.9 percent. In 1997, it was 22.1 percent, an increase of 71
percent.
(3) Use of any illicit drug among 10th graders in 1992 was
20.4 percent. In 1997, it was 38.5 percent, an increase of 91
percent.
(4) Use of any illicit drug among 12th graders in 1992 was
27.1 percent. In 1997, it was 42.4 percent, an increase of 56
percent.
(5) Use of marijuana among 8th graders in 1992 was 3.7
percent. In 1997, it was 10.2 percent, an increase of 176
percent.
(6) Use of marijuana among children aged 12 to 17 in 1992
was 3.4 percent. In 1996, it was 7.1 percent, an increase of
109 percent.
(7) Use of cocaine among children aged 12 to 17 in 1992 was
0.3 percent. In 1996, it was 0.6 percent, an increase of 100
percent.
(8) Marijuana-related medical emergencies in 1992 totaled
23,997. In 1996, there were 50,037 such emergencies, an
increase of 108 percent.
(9) Cocaine-related medical emergencies in 1992 totaled
119,843. In 1996, there were 144,180 such emergencies, an
increase of 20 percent.
(10) Heroin-related medical emergencies in 1992 totaled
48,003. In 1996, there were 70,463 such emergencies, an
increase of 47 percent.
SEC. 3. EXPANSION OF RESPONSIBILITIES OF DIRECTOR.
(a) Expansion of Responsibilities.--Section 1003(b) (21 U.S.C.
1502(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) establish Federal policies, objectives, goals,
priorities, and performance measures (including specific annual
agency targets expressed in terms of precise percentages) for
the National Drug Control Program and for each National Drug
Control Program agency, which shall include targets for
reducing the levels of overall unlawful drug use, adolescent
unlawful drug use, and drug-related emergency room incidents to
January 19, 1993 levels;'';
(2) by striking paragraph (3) and inserting the following:
``(3) coordinate, oversee, and evaluate the effectiveness
of the implementation of the policies, objectives, goals,
performance measures, and priorities established under
paragraph (1) and the fulfillment of the responsibilities of
the National Drug Control Program agencies under the National
Drug Control Strategy;'';
(3) in paragraph (5), by inserting ``and nongovernmental
entities involved in demand reduction'' after ``governments'';
(4) in paragraph (7), by striking ``and'' at the end;
(5) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(6) by adding at the end the following:
``(9) require each National Drug Control Program agency to
submit to the Director on a semi-annual basis (beginning with
the first 6 months of 1999) an evaluation of progress by the
agency with respect to drug control program goals using
the performance measures referred to in paragraph (1), including
progress with respect to--
``(A) success in reducing domestic and foreign
sources of illegal drugs;
``(B) success in protecting the borders of the
United States (and in particular the Southwestern
border of the United States) from penetration by
illegal narcotics;
``(C) success in reducing violent crime associated
with drug use in the United States;
``(D) success in reducing the negative health and
social consequences of drug use in the United States;
and
``(E) implementation of drug treatment and
prevention programs in the United States and
improvements in the adequacy and effectiveness of such
programs;
``(10) submit to Congress on a semiannual basis, not later
than 60 days after the date of the last day of the applicable
6-month period, a summary of--
``(A) each evaluation received by the Director
under paragraph (9); and
``(B) the progress of each National Drug Control
Program agency toward the drug control program goals of
the agency using the performance measures described in
paragraph (1);
``(11) require the National Drug Control Program agencies
to submit to the Director not later than February 1 of each
year a detailed accounting of all funds expended by the
agencies for National Drug Control Program activities during
the previous fiscal year, and require such accounting to be
authenticated by the Inspector General for each agency prior to
submission to the Director;
``(12) submit to Congress not later than April 1 of each
year the information submitted to the Director under paragraph
(11);
``(13) submit to Congress not later than August 1 of each
year a report including--
``(A) the budget guidance provided by the Director
to each National Drug Control Program agency for the
fiscal year in which the report is submitted and for
the other fiscal years within the applicable 5-year
budget plan relating to such fiscal year; and
``(B) a summary of the request of each National
Drug Control Program agency to the Director under this
Act (prior to review of the request by the Office of
Management and Budget) for the resources required to
achieve the targets of the agency under this Act;
``(14) act as a representative of the President before
Congress on all aspects of the National Drug Control Program;
``(15) act as the primary spokesperson of the President on
drug issues;
``(16) make recommendations to National Drug Control
Program agency heads with respect to implementation of Federal
counter-drug programs;
``(17) take such actions as necessary to oppose any attempt
to legalize the use of a substance (in any form) that--
``(A) is listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812); and
``(B) has not been approved for use for medical
purposes by the Food and Drug Administration; and
``(18) ensure that drug prevention and drug treatment
research and information is effectively disseminated by
National Drug Control Program agencies to State and local
governments and nongovernmental entities involved in demand
reduction by--
``(A) encouraging formal consultation between any
such agency that conducts or sponsors research, and any
such agency that disseminates information in developing
research and information product development agendas;
``(B) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that
specifically target State and local governments and
nongovernmental entities involved in demand reduction;
and
``(C) developing a single interagency clearinghouse
for the dissemination of research and information by
such agencies to State and local governments and
nongovernmental agencies involved in demand
reduction.''.
(b) Survey of Drug Use.--
(1) In general.--The University of Michigan shall not be
prohibited under any law from conducting the survey of drug use
among young people in the United States known as the Monitoring
the Future Survey.
(2) Other surveys.--The National Parents' Resource
Institute for Drug Education in Atlanta, Georgia, shall not be
prohibited under any law from conducting the survey of drug use
among young people in the United States known as the National
PRIDE Survey.
SEC. 4. EXPANSION OF POWERS OF DIRECTOR.
Section 1003(d) (21 U.S.C. 1502(d)) is amended--
(1) in paragraph (9), by striking the period and inserting
a semicolon; and
(2) by adding at the end the following:
``(10) require the heads of National Drug Control Program
agencies to provide the Director with statistics, studies,
reports, and any other information regarding Federal control of
drug abuse;
``(11) require the heads of National Drug Control Program
agencies to provide the Director with information regarding any
position (before an individual is nominated for such position)
that--
``(A) relates to the National Drug Control Program;
``(B) is at or above the level of Deputy Assistant
Secretary; and
``(C) involves responsibility for Federal
counternarcotics or antidrug programs; and
``(12) make recommendations to the National Drug
Intelligence Center on the specific projects that the Director
determines will enhance the effectiveness of implementation of
the National Drug Control Strategy.''.
SEC. 5. SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.
(a) In General.--Section 1005(a) (21 U.S.C. 1504(a)) is amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) include comprehensive, research-based, specific,
long-range goals and performance measures (including specific
annual targets expressed in terms of precise percentages) for
reducing drug abuse and the consequences of drug abuse in the
United States;'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by striking subparagraph (D);
(D) by adding at the end the following:
``(D) include 4-year projections for National Drug Control
Program priorities (including budget priorities); and
``(E) review international, Federal, State, local, and
private sector drug control activities to ensure that the
United States pursues well-coordinated and effective drug
control at all levels of government.'';
(2) in paragraph (3)(A), by striking clauses (iv) and (v)
and inserting the following:
``(iv) private citizens and organizations with experience
and expertise in demand reduction;
``(v) private citizens and organizations with experience
and expertise in supply reduction; and
``(vi) appropriate representatives of foreign
governments.'';
(3) in paragraph (4)--
(A) in subparagraph (B), by striking clauses (i)
through (vi) and inserting the following:
``(i) the quantities of cocaine, heroin, marijuana,
methamphetamine, ecstasy, and rohypnol available for
consumption in the United States;
``(ii) the amount of cocaine, heroin, marijuana,
ecstasy, rohypnol, methamphetamine, and precursor
chemicals entering the United States;
``(iii) the number of hectares of marijuana, poppy,
and coca cultivated and destroyed domestically and in
other countries;
``(iv) the number of metric tons of marijuana,
cocaine, heroin, and methamphetamine seized;
``(v) the number of cocaine and methamphetamine
processing labs destroyed domestically and in other
countries;
``(vi) changes in the price and purity of heroin
and cocaine, changes in price of methamphetamine, and
changes in tetrahydrocannabinol level of marijuana;'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) assessment of the cultivation of illegal drugs in the
United States.''; and
(4) in paragraph (5)--
(A) in the matter preceding subparagraph (A), by
striking ``February 1, 1995'' and inserting ``February
1, 1999'';
(B) in the matter preceding subparagraph (A), by
striking ``second'';
(C) in subparagraph (C), by striking ``and'' at the
end;
(D) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(E) a description of the National Drug Control Program
performance measures described in subsection (a)(2)(A).''.
(b) Goals and Performance Measures for National Drug Control
Strategy.--Section 1005(b) (21 U.S.C. 1504(b)) is amended--
(1) in the heading, by striking ``, Objectives, and
Priorities'' and inserting ``and Performance Measures'';
(2) in the matter after the heading, by inserting ``(1)''
before ``Each National Drug Control Strategy'';
(3) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(4) in subparagraph (A) (as redesignated by paragraph (3)),
by striking ``and priorities'' and inserting ``and performance
measures'';
(5) in subparagraph (C) (as redesignated by paragraph (3)),
by striking ``3-year projections'' and inserting ``4-year
projections''; and
(6) by adding at the end the following:
``(2) In establishing the performance measures required by this
subsection, the Director shall--
``(A) establish performance measures and targets expressed
in terms of precise percentages for each National Drug Control
Strategy goal and objective;
``(B) revise such performance measures and targets as
necessary, and reflect such performance measures and targets in
the National Drug Control Program budget submitted to Congress;
``(C) consult with affected National Drug Control Program
agencies;
``(D) identify programs and activities of National Drug
Control Program agencies that support the goals of the National
Drug Control Strategy;
``(E) evaluate in detail the implementation by each
National Drug Control Program agency of program activities
supporting the National Drug Control Strategy;
``(F) monitor consistency between the drug-related goals of
the National Drug Control Program agencies and ensure that drug
control agency goals and budgets fully support, and are fully
consistent with, the National Drug Control Strategy;
``(G) coordinate the development and implementation of
national drug control data collection and reporting systems to
support Federal policy formulation and performance measurement;
``(H) ensure that no Federal drug control funds are
expended for any study or contract relating to the legalization
(for a medical use or any other use) of a substance listed in
schedule I of section 202 of the Controlled Substances Act (21
U.S.C. 812); and
``(I) ensure that no Federal funds appropriated for the
High Intensity Drug Trafficking Program are expended for the
expansion of drug treatment programs.''.
SEC. 6. REPORT ON DESIGNATION OF HIGH INTENSITY DRUG TRAFFICKING AREAS.
Section 1005(c)(3) (21 U.S.C. 1504(c)(3)) is amended to read as
follows:
``(3) Annual report.--Not later than March 1 of each year, the
Director shall submit to Congress a report--
``(A) on the effectiveness of, and need for, the
designation of areas under this subsection as high intensity
drug trafficking areas; and
``(B) that includes any recommendations of the Director for
legislative action with respect to such designation.''.
SEC. 7. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
Section 1011 (21 U.S.C. 1508) is amended by striking ``8 succeeding
fiscal years'' and inserting ``10 succeeding fiscal years''.
SEC. 8. REPORT REQUIRED.
Not later than November 1, 1998, the Director of the Office of
National Drug Control Policy shall submit to Congress a report
including--
(1) proposed goals, targets, performance measures (as
described in section 1003(b)(1) of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1502(b)(1))), and specific
initiatives with respect to the National Drug Control Program,
including the High Intensity Drug Trafficking Area Program; and
(2) proposals to coordinate the efforts of all National
Drug Control Program agencies.
SEC. 9. CONSISTENCY WITH NATIONAL SECURITY ACT OF 1947.
Section 1004 (21 U.S.C. 1503) is amended--
(1) in subsection (a)--
(A) by striking ``(1)'';
(B) by striking ``(2)(A)'' and inserting ``(b)
Consistency With National Security Act of 1947.--(1)'';
(C) by striking ``(B)'' and inserting ``(2)''; and
(D) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively. | Drug Czar Responsibility and Accountability Act of 1998 - Amends Federal law to expand the responsibilities of the Director of National Drug Control Policy to include: (1) establishing Federal policies, objectives, goals, priorities, and performance measures for the National Drug Control Program, and for each Program agency, which shall include targets for reducing the levels of overall unlawful drug use, adolescent unlawful drug use, and drug-related emergency room incidents to January 19, 1993 levels; (2) requiring the submission of specified reports from Program agencies; (3) making recommendations to Program agency heads on the implementation of Federal counter-drug programs; (4) taking actions to oppose any attempt to legalize the use of a substance in any form that is listed in Schedule I of the Controlled Substances Act and that has not been approved for medical use by the Food and Drug Administration; and (5) ensuring that drug prevention and drug treatment research and information is effectively disseminated by Program agencies to State and local governments and nongovernmental entities involved in demand reduction.
States that certain surveys of drug use among young people in the United States shall not be prohibited under any law.
(Sec. 4) Expands the powers of the Director, to include: (1) requiring the heads of Program agencies to provide the Director with statistics, studies, reports, and any other information regarding Federal control of drug abuse; and (2) making recommendations to the National Drug Control Center on the specific projects that the Director determines will enhance the effectiveness of the National Drug Control Strategy.
(Sec. 5) Revises National Drug Control Strategy requirements to include: (1) comprehensive, research-based, specific, long-range goals and performance measures (including specific annual targets expressed in terms of precise percentages) for reducing drug abuse and the consequences of drug abuse in the United States; (2) four-year projections for Program priorities, including budget priorities; and (3) the review of international, Federal, and private sector drug control activities (currently, State and local drug control activities).
Revises requirements for the assessment of the reduction of drug availability by certain measurements.
Sets forth requirements with respect to the establishment of performance measures by the Director.
(Sec. 7) Extends the authorization of appropriations for the Office of Drug Control Policy until September 30, 1999.
(Sec. 8) Directs the Director to submit a report to the Congress including: (1) proposed goals, targets, performance measures and specific initiatives with respect to the Program, including the High Intensity Drug Trafficking Area Program; and (2) proposals to coordinate the efforts of all Program agencies. | {"src": "billsum_train", "title": "Drug Czar Responsibility and Accountability Act of 1998"} | 3,815 | 547 | 0.490773 | 1.570351 | 0.491833 | 4.862333 | 6.898662 | 0.93499 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Legal Pharmaceuticals
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) An individual's right to religious belief and worship
is a protected, fundamental right in the United States.
(2) An individual's right to access legal contraception is
a protected, fundamental right in the United States.
(3) An individual's right to religious belief and worship
cannot impede an individual's access to legal prescriptions,
including contraception.
SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO
FILL VALID PRESCRIPTIONS.
(a) In General.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS
TO FILL VALID PRESCRIPTIONS.
``(a) In General.--A pharmacy that receives prescription drugs or
prescription devices in interstate commerce shall maintain compliance
with the following conditions:
``(1) If a product is in stock and a pharmacist employed by
the pharmacy refuses on the basis of a personal belief to fill
a valid prescription for the product, the pharmacy ensures,
subject to the consent of the individual presenting the
prescription in any case in which the individual has reason to
know of the refusal, that the prescription is, without delay,
filled by another pharmacist employed by the pharmacy.
``(2) Subject to subsection (b), if a product is not in
stock and a pharmacist employed by the pharmacy refuses on the
basis of a personal belief or on the basis of pharmacy policy
to order or to offer to order the product when presented a
valid prescription for the product--
``(A) the pharmacy ensures that the individual
presenting the prescription is immediately informed
that the product is not in stock but can be ordered by
the pharmacy; and
``(B) the pharmacy ensures, subject to the consent
of the individual, that the product is, without delay,
ordered by another pharmacist employed by the pharmacy.
``(3) The pharmacy does not employ any pharmacist who
engages in any conduct with the intent to prevent or deter an
individual from filling a valid prescription for a product or
from ordering the product (other than the specific conduct
described in paragraph (1) or (2)), including--
``(A) the refusal to return a prescription form to
the individual after refusing to fill the prescription
or order the product, if the individual requests the
return of such form;
``(B) the refusal to transfer prescription
information to another pharmacy for refill dispensing
when such a transfer is lawful, if the individual
requests such transfer;
``(C) subjecting the individual to humiliation or
otherwise harassing the individual; or
``(D) breaching medical confidentiality with
respect to the prescription or threatening to breach
such confidentiality.
``(b) Products Not Ordinarily Stocked.--Subsection (a)(2) applies
only with respect to a pharmacy ordering a particular product for an
individual presenting a valid prescription for the product, and does
not require the pharmacy to keep such product in stock, except that
such subsection has no applicability with respect to a product for a
health condition if the pharmacy does not keep in stock any product for
such condition.
``(c) Enforcement.--
``(1) Civil penalty.--A pharmacy that violates a
requirement of subsection (a) is liable to the United States
for a civil penalty in an amount not exceeding $5,000 per day
of violation, and not to exceed $500,000 for all violations
adjudicated in a single proceeding.
``(2) Private cause of action.--Any person aggrieved as a
result of a violation of a requirement of subsection (a) may,
in any court of competent jurisdiction, commence a civil action
against the pharmacy involved to obtain appropriate relief,
including actual and punitive damages, injunctive relief, and a
reasonable attorney's fee and cost.
``(3) Limitations.--A civil action under paragraph (1) or
(2) may not be commenced against a pharmacy after the
expiration of the five-year period beginning on the date on
which the pharmacy allegedly engaged in the violation involved.
``(d) Definitions.--For purposes of this section:
``(1) The term `employ', with respect to the services of a
pharmacist, includes entering into a contract for the provision
of such services.
``(2) The term `pharmacist' means a person authorized by a
State to practice pharmacy, including the dispensing and
selling of prescription drugs.
``(3) The term `pharmacy' means a person who--
``(A) is authorized by a State to engage in the
business of selling prescription drugs at retail; and
``(B) employs one or more pharmacists.
``(4) The term `prescription device' means a device whose
sale at retail is restricted under section 520(e)(1) of the
Federal Food, Drug, and Cosmetic Act.
``(5) The term `prescription drug' means a drug that is
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act.
``(6) The term `product' means a prescription drug or a
prescription device.
``(7) The term `valid', with respect to a prescription,
means--
``(A) in the case of a drug, a prescription within
the meaning of section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act that is in compliance with
applicable law, including, in the case of a
prescription for a drug that is a controlled substance,
compliance with part 1306 of title 21, Code of Federal
Regulations, or successor regulations; and
``(B) in the case of a device, an authorization of
a practitioner within the meaning of section 520(e)(1)
of such Act that is in compliance with applicable law.
``(8) The term `without delay', with respect to a pharmacy
filling a prescription for a product or ordering the product,
means within the usual and customary timeframe at the pharmacy
for filling prescriptions for products for the health condition
involved or for ordering such products, respectively.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect upon the expiration of 30 days after the date of the enactment
of this Act, without regard to whether the Secretary of Health and
Human Services has issued any guidance or final rule regarding such
amendment. | Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment.
Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition.
Sets forth civil penalties. Allows a private cause of action for a violation of this Act. | {"src": "billsum_train", "title": "A bill to establish certain duties for pharmacies when pharmacists employed by the pharmacies refuse to fill valid prescriptions for drugs or devices on the basis of personal beliefs, and for other purposes."} | 1,489 | 249 | 0.671035 | 1.808032 | 0.850486 | 4.220264 | 6.105727 | 0.933921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Tax Accountability
Act of 2015''.
SEC. 2. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT.
(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
EMPLOYMENT
``Sec. 7381. Definitions
``For purposes of this subchapter--
``(1) The term `seriously delinquent tax debt' means a
Federal tax liability that has been assessed by the Secretary
of the Treasury under the Internal Revenue Code of 1986 and may
be collected by the Secretary by levy or by a proceeding in
court, except that such term does not include--
``(A) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code;
``(B) a debt with respect to which a collection due
process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending;
``(C) a debt with respect to which a continuous
levy has been issued under section 6331 of such Code
(or, in the case of an applicant for employment, a debt
with respect to which the applicant agrees to be
subject to such a levy); and
``(D) a debt with respect to which such a levy is
released under section 6343(a)(1)(D) of such Code;
``(2) the term `employee' means an employee in or under an
agency, including an individual described in sections 2104(b)
and 2105(e); and
``(3) the term `agency' means--
``(A) an Executive agency;
``(B) the United States Postal Service;
``(C) the Postal Regulatory Commission; and
``(D) an employing authority in the legislative
branch.
``Sec. 7382. Ineligibility for employment
``(a) In General.--Subject to subsection (c), any individual who
has a seriously delinquent tax debt shall be ineligible to be appointed
or to continue serving as an employee.
``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each individual applying for
employment with such agency shall be required to submit (as part of the
application for employment) certification that such individual does not
have any seriously delinquent tax debt.
``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall, for purposes of
carrying out this section with respect to the executive branch,
promulgate any regulations which the Office considers necessary, except
that such regulations shall provide for the following:
``(1) All applicable due process rights, afforded by
chapter 75 and any other provision of law, shall apply with
respect to a determination under this section that an applicant
is ineligible to be appointed or that an employee is ineligible
to continue serving.
``(2) Before any such determination is given effect with
respect to an individual, the individual shall be afforded 180
days to demonstrate that such individual's debt is one
described in subparagraph (A), (B), (C), or (D) of section
7381(a)(1).
``(3) An employee may continue to serve, in a situation
involving financial hardship, if the continued service of such
employee is in the best interests of the United States, as
determined on a case-by-case basis.
``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to Congress on the number of
exemptions requested and the number of exemptions granted under
subsection (c)(3).
``Sec. 7383. Review of public records
``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien has been filed pursuant to section 6323
of the Internal Revenue Code of 1986 with respect to an employee of or
an applicant for employment with such agency.
``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
``(1) request that the employee or applicant execute and
submit a form authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited to
describing whether--
``(A) the employee or applicant has a seriously
delinquent tax debt; or
``(B) there is a final administrative or judicial
determination that such employee or applicant committed
any act described under section 7385(b); and
``(2) request that the Secretary of the Treasury disclose
any information so authorized to be disclosed.
``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``(d) Negative Consideration.--The head of an agency, in
considering an individual's application for employment or in making an
employee appraisal or evaluation, shall give negative consideration to
a refusal or failure to comply with a request under subsection (b)(1).
``Sec. 7384. Confidentiality
``Neither the head nor any other employee of an agency may--
``(1) use any information furnished under the provisions of
this subchapter for any purpose other than the administration
of this subchapter;
``(2) make any publication whereby the information
furnished by or with respect to any particular individual under
this subchapter can be identified; or
``(3) permit anyone who is not an employee of such agency
to examine or otherwise have access to any such information.
``Sec. 7385. Adverse actions for employees who understate taxes or fail
to file
``(a) In General.--
``(1) In general.--Subject to subsection (c) and paragraph
(2) of this subsection, the head of an agency may take any
personnel action against an employee of such agency if there is
a final administrative or judicial determination that such
employee committed any act described under subsection (b).
``(2) Personnel actions.--In paragraph (1), the term
`personnel action' includes separation but does not include
administrative leave or any other type of paid leave without
duty or charge to leave.
``(b) Acts.--The acts referred to under subsection (a)(1) are--
``(1) willful failure to file any return of tax required
under the Internal Revenue Code of 1986, unless such failure is
due to reasonable cause and not to willful neglect; or
``(2) willful understatement of Federal tax liability,
unless such understatement is due to reasonable cause and not
to willful neglect.
``(c) Procedure.--Under regulations prescribed by the Office of
Personnel Management, an employee subject to a personnel action under
this section shall be entitled to the procedures provided under
sections 7513 or 7543, as applicable.''.
(b) Clerical Amendment.--The analysis for chapter 73 of title 5,
United States Code, is amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
EMPLOYMENT
``7381. Definitions.
``7382. Ineligibility for employment.
``7383. Review of public records.
``7384. Confidentiality.
``7385. Adverse actions for employees who fail to file or underreport
taxes.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 9
months after the date of enactment of this Act. | . Federal Employee Tax Accountability Act of 2015 (Sec. 2) Makes any individual who has a seriously delinquent tax debt ineligible for federal employment or to continue serving as a federal employee. Defines "seriously delinquent tax debt" as a federal tax liability assessed by the Internal Revenue Service and collectible by levy or court proceeding, except a tax debt: (1) that is being paid in a timely manner under an approved installment payment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or pending, (3) for which a continuous levy has been issued or agreed to by an applicant for employment, or (4) with respect to which such a levy is released because it has been determined to be an economic hardship to the taxpayer. Requires each federal agency to: (1) ensure that applicants for employment certify that they do not have a seriously delinquent tax debt, (2) review public records to determine if a notice of lien has been filed against an employee or applicant, and (3) restrict access to and use of information obtained under this Act. Authorizes an agency, if a tax lien against a federal employee or applicant for federal employment is discovered in a public record, to: (1) request such employee or applicant to execute and submit a form authorizing the Department of the Treasury to disclose to an agency head information describing whether the employee or applicant has a seriously delinquent tax debt, has willfully failed to file a required tax return, or has understated tax liability, and (2) request that Treasury disclose information authorized to be disclosed. Authorizes the head of an agency to take personnel actions against an agency employee who willfully failed to file a required tax return or willfully understated federal tax liability. Requires the Office of Personnel Management to: (1) promulgate regulations to carry out this Act that provide federal employees and applicants for employment with all due process rights and that allow, in a situation involving financial hardship, an employee with a seriously delinquent tax debt to continue employment; and (2) report to Congress annually on the number of exemptions granted for financial hardship. Grants federal employees or applicants for federal employment 180 days to demonstrate that their tax debts are exempt from classification as a seriously delinquent tax debt under this Act. (Sec. 3) Makes this Act effective nine months after its enactment date. | {"src": "billsum_train", "title": "Federal Employee Tax Accountability Act of 2015"} | 1,831 | 545 | 0.601263 | 1.995114 | 0.709312 | 2.577825 | 3.447761 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retiree Health Account Act of
2008''.
SEC. 2. RETIREMENT HEALTH ARRANGEMENT.
(a) In General.--Section 401 of the Internal Revenue Code of 1986
(relating to qualified pension, profit-sharing, and stock bonus plans)
is amended by redesignating subsection (o) as subsection (p) and
inserting after subsection (n) the following new subsection:
``(o) Retirement Health Plan.--
``(1) In general.--
``(A) Treated in same manner as 401(k).--Except as
provided in this subsection, a retirement health
arrangement shall be treated for purposes of this title
in the same manner as an qualified cash or deferred
arrangement described in section 401(k)(2).
``(B) Separate application of applicable rules.--
Rules made applicable by reason of this paragraph shall
be applied separately with respect to retirement health
arrangements and other qualified cash or deferred
arrangements of the individual.
``(2) Retirement health arrangement.--For purposes of this
subsection, the term `retirement health arrangement' means a
cash or deferred arrangement described in section 401(k)(2)
which is designated (in such manner as the Secretary may
prescribe) at the time of establishment of the plan as a
retirement health arrangement.
``(3) Contributions after medicare eligibility.--Except in
the case of a rollover contribution described in paragraph
(5)(A), no contributions may be made to an employee's
retirement health arrangement during calendar years beginning
after the first month such employee is entitled to benefits
under title XVIII of the Social Security Act.
``(4) Treatment of distributions.--
``(A) In general.--Any amounts distributed from a
retirement health arrangement shall be included in
gross income, unless such amount is used exclusively to
pay qualified medical retirement expenses of the
employee.
``(B) Qualified retirement medical expense.--For
purposes of this section, the term `qualified
retirement medical expense' means, with respect to an
individual, amounts paid by such individual for medical
care (as defined in section 213(d)) of the individual,
the individual's spouse, or a dependent of the
individual, but only if such payments are made on or
after the date that the individual attains age 55.
``(C) Hardship distributions.--Subparagraph (A)
shall not apply to any amount paid or distributed--
``(i) on or after disability of the
employee,
``(ii) if such amount is used exclusively
to pay for insurance covering medical care with
respect to the individual, the individual's
spouse, or a dependent of the individual during
a period of unemployment of the individual, or
``(iii) if such amount is used exclusively
to pay for medical care under circumstances
that, to the extent provided in regulations,
constitute a hardship.
``(D) Other distribution rules.--
``(i) Plan termination.--Subparagraph (A)
shall not apply to amounts paid or distributed
on or after an event described in paragraph
(10) of subsection (k).
``(ii) Excess contributions.--Rules similar
to the rules of section 401(k)(8) shall apply
for purposes of this subsection.
``(iii) No minimum distribution requirement
prior to death.--Section 401(a)(9) and the
incidental death benefit requirement of section
401(a) shall not apply for purposes of this
subsection.
``(iv) After death of employee.--Rules
similar to the rules of paragraph (8) of
section 223(f) shall apply for purposes of this
section.
``(5) Definitions and special rules.--For purposes of this
subsection--
``(A) Rollover contributions.--An amount is
described in this subparagraph as a rollover
contribution if it meets the requirements of clauses
(i) and (ii).
``(i) In general.--Paragraph (4)(A) shall
not apply to any amount paid or distributed
from a retirement health arrangement to the
account holder to the extent the amount
received is paid into a retirement health
arrangement or individual health account (as
defined in section 408B) for the benefit of
such holder not later than the 60th day after
the day on which the holder receives the
payment or distribution.
``(ii) Limitation.--This subparagraph shall
not apply to any amount described in clause (i)
received by an individual from a retirement
health arrangement if, at any time during the
1-year period ending on the day of such
receipt, such individual received any other
amount described in clause (i) from a
retirement health arrangement which was not
includible in the individual's gross income
because of the application of this
subparagraph.
``(B) Coordination with medical expense
deduction.--For purposes of determining the amount of
the deduction under section 213, any payment or
distribution out of a retirement health arrangement
shall not be treated as an expense paid for medical
care, to the extent such payment or distribution was
not included in gross income.
``(C) No exclusive plan requirement.--Section
401(k)(11)(A)(ii) shall not apply with respect to a
retirement health arrangement.
``(D) Application of participation and
discrimination standards.--An employer may elect, at
such time and in such form and manner as the Secretary
shall by regulation prescribe, to treat any qualified
cash or deferred arrangement and retirement health
arrangement maintained by the employer as 1 arrangement
for purposes of meeting the requirements of section
401(k)(3)(A)(ii).''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2008.
SEC. 3. INDIVIDUAL HEALTH ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408A the following new section:
``SEC. 408B. INDIVIDUAL HEALTH ACCOUNTS.
``(a) In General.--
``(1) Treated in same manner as ira.--Except as provided in
this section, an individual health account shall be treated for
purposes of this title in the same manner as an individual
retirement plan.
``(2) Separate application of rules.--Rules made applicable
by reason of this paragraph shall be applied separately with
respect to individual health accounts and individual retirement
plans of the individual.
``(b) Individual Health Account.--For purposes of this title, the
term `individual health account' means an individual retirement plan
(as defined in section 7701(a)(37)) which is designated (in such manner
as the Secretary may prescribe) at the time of establishment of the
plan as an individual health account.
``(c) Contributions.--
``(1) Retirement health savings refund payment.--Section
408(a)(1) shall not apply with respect to a payment under
section 6431.
``(2) Contributions after medicare eligibility.--Except in
the case of a rollover contribution described in subsection
(e)(1), no contributions may be made to an employee's
retirement health arrangement during calendar years beginning
after the first month such employee is entitled to benefits
under title XVIII of the Social Security Act.
``(d) Treatment of Distributions.--
``(1) In general.--Any amounts distributed from an
individual health account shall be included in gross income,
unless such amount is used exclusively to pay qualified medical
retirement expenses of the account beneficiary.
``(2) Qualified retirement medical expense.--For purposes
of this section, the term `qualified retirement medical
expense' shall have the meaning given such term by section
401(o)(4) (relating to retirement health arrangements).
``(3) Hardship distributions.--Paragraph (1) shall not
apply to any amount paid or distributed--
``(A) on or after disability (within the meaning of
section 72(m)(7)) of the account beneficiary,
``(B) if such amount is used exclusively to pay for
insurance covering medical care with respect to the
individual, the individual's spouse, or a dependent of
the individual during a period of unemployment of the
account beneficiary, or
``(C) if such amount is used exclusively to pay for
medical care under circumstances that, to the extent
provided in regulations, constitute a hardship.
``(4) Other distribution rules.--
``(A) Excess contributions; transfer of account
incident to divorce.--Rules similar to the rules of
paragraphs (4) through (6) of section 408(d) shall
apply for purposes of this section.
``(B) No minimum distribution requirement prior to
death.--Notwithstanding subsections (a)(6) and (b)(6),
section 401(a)(9) and the incidental death benefit
requirement of section 401(a) shall not apply for
purposes of this subsection.
``(C) Treatment after death of account
beneficiary.--Rules similar to the rules of paragraph
(8) of section 223(f) shall apply for purposes of this
section.
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Rollover contributions.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of clauses (i) and (ii).
``(A) In general.--Paragraph (1) shall not apply to
any amount paid or distributed from an individual
health account to the account holder to the extent the
amount received is paid into an individual health
account or retirement health arrangement (as defined in
section 401(o)(2)) for the benefit of such holder not
later than the 60th day after the day on which the
holder receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in paragraph (A) received by an
individual from an individual health account if, at any
time during the 1-year period ending on the day of such
receipt, such individual received any other amount
described in subparagraph (A) from an individual health
account which was not includible in the individual's
gross income because of the application of this
paragraph.
``(2) Coordination with medical expense deduction.--For
purposes of determining the amount of the deduction under
section 213, any payment or distribution out of an individual
health account shall not be treated as an expense paid for
medical care, to the extent such payment or distribution was
not included in gross income.
``(3) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the retiree health savings
account is established.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Individual health accounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. PORTION OF SAVER'S CREDIT REFUNDABLE.
(a) In General.--Section 25B of such Code (relating to elective
deferrals and IRA contributions by certain individuals) is amended by
adding at the end the following new subsection:
``(h) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) $1,000, or
``(B) the amount of the credit attributable to
qualified retirement savings contributions made by the
individual to individual health accounts and retirement
health arrangements which would be allowed under this
section (without regard to this subsection and the
limitation under section 26(a)(2) or subsection (g), as
the case may be).
The amount of the credit allowed under this subsection shall not be
treated as a credit allowed under this subpart and shall reduce the
amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (g), as the case may be.
``(2) Limitation.--The amount of the credit allowed under
this subsection for any taxable year shall not exceed an amount
equal to the excess (if any) of--
``(A) $5,000, over
``(B) the aggregate amount of credits allowed under
this subsection for all prior taxable years.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, the $1,000 amount
contained in paragraph (1)(A) 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 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $10.''.
(b) Refund Payable to Health Account.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6431. RETIREMENT HEALTH SAVINGS REFUND PAYMENT.
``(a) In General.--In the case of a credit allowed to an individual
which is attributable to an increase under section 25B(h), the
Secretary shall pay the amount of such credit into the designated
retirement account of the individual.
``(b) Designated Retirement Account.--The term `designated
retirement account' means any individual health account or retirement
health arrangement of the individual--
``(1) which is designated (in such form and manner as the
Secretary may provide) on the individual's return of tax for
the taxable year to receive the payment under subsection (a),
and
``(2) which, under the terms of the account or arrangement,
accepts the payment described in paragraph (1).
``(c) Payment Not Treated as an Annual Addition.--For purposes of
section 415(c) (relating to limitation for defined contribution plans),
a payment under section 6431 shall not be treated as an annual
addition.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 65 of such Code is amended by adding at
the end the following new item:
``Sec. 6431. Retirement health savings refund payment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Retiree Health Account Act of 2008 - Amends the Internal Revenue Code to: (1) establish tax-exempt retirement health arrangements and individual health accounts to assist retirees in paying their medical expenses; (2) make a portion of the tax credit for retirement plan contributions refundable for contributions to retirement health savings accounts; and (3) direct the Secretary of the Treasury to pay refundable credit amounts to retirement health savings accounts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for tax-favored retirement health savings accounts, and for other purposes."} | 3,320 | 87 | 0.500617 | 1.088084 | 0.462311 | 1.888889 | 36.765432 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Home Patient and Medicaid
Assistance Act of 2010''.
SEC. 2. NURSING FACILITY SUPPLEMENTAL PAYMENT PROGRAM.
(a) Total Amount Available for Payments.--
(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
of Health and Human Services (in this section referred to as
the ``Secretary'') to carry out this section $6,000,000,000, of
which the following amounts shall be available for obligation
in the following years:
(A) $1,500,000,000 shall be available beginning in
2011.
(B) $1,500,000,000 shall be available beginning in
2012.
(C) $1,500,000,000 shall be available beginning in
2013.
(D) $1,500,000,000 shall be available beginning in
2014.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until all eligible dually-certified
facilities (as defined in subsection (b)(3)) have been
reimbursed for underpayments under this section during cost
reporting periods ending during calendar years 2011 through
2014.
(3) Limitation of authority.--The Secretary may not make
payments under this section that exceed the funds appropriated
under paragraph (1).
(4) Disposition of remaining funds into mif.--Any funds
appropriated under paragraph (1) which remain available after
the application of paragraph (2) shall be deposited into the
Medicaid Improvement Fund under section 1941 of the Social
Security Act.
(b) Use of Funds.--
(1) Authority to make payments.--From the amounts available
for obligation in a year under subsection (a), the Secretary,
acting through the Administrator of the Centers for Medicare &
Medicaid Services, shall pay the amount determined under
paragraph (2) directly to an eligible dually-certified facility
for the purpose of providing funding to reimburse such facility
for furnishing quality care to Medicaid-eligible individuals.
(2) Determination of payment amounts.--
(A) In general.--Subject to subparagraphs (B) and
(C), the payment amount determined under this paragraph
for a year for an eligible dually-certified facility
shall be an amount determined by the Secretary as
reported on the facility's latest available Medicare
cost report.
(B) Limitation on payment amount.--In no case shall
the payment amount for an eligible dually-certified
facility for a year under subparagraph (A) be more than
the payment deficit described in paragraph (3)(D) for
such facility as reported on the facility's latest
available Medicare cost report.
(C) Pro-rata reduction.--If the amount available
for obligation under subsection (a) for a year (as
reduced by allowable administrative costs under this
section) is insufficient to ensure that each eligible
dually-certified facility receives the amount of
payment calculated under subparagraph (A), the
Secretary shall reduce that amount of payment with
respect to each such facility in a pro-rata manner to
ensure that the entire amount available for such
payments for the year be paid.
(D) No required match.--The Secretary may not
require that a State provide matching funds for any
payment made under this subsection.
(3) Eligible dually-certified facility defined.--For
purposes of this section, the term ``eligible dually-certified
facility'' means, for a cost reporting period ending during a
year (beginning no earlier than 2011) that is covered by the
latest available Medicare cost report, a nursing facility that
meets all of the following requirements:
(A) The facility is participating as a nursing
facility under title XIX of the Social Security Act and
as a skilled nursing facility under title XVIII of such
Act during the entire year.
(B) The base Medicaid payment rate (excluding any
supplemental payments) to the facility is not less than
the base Medicaid payment rate (excluding any
supplemental payments) to such facility as of the date
of the enactment of this Act.
(C) As reported on the facility's latest Medicare
cost report--
(i) the Medicaid share of patient days for
such facility is not less than 60 percent of
the combined Medicare and Medicaid share of
resident days for such facility; and
(ii) the combined Medicare and Medicaid
share of resident days for such facility, as
reported on the facility's latest available
Medicare cost report, is not less than 75
percent of the total resident days for such
facility.
(D) The facility has received Medicaid
reimbursement (including any supplemental payments) for
the provision of covered services to Medicaid eligible
individuals, as reported on the facility's latest
available Medicare cost report, that is significantly
less (as determined by the Secretary) than the
allowable costs (as determined by the Secretary)
incurred by the facility in providing such services.
(E) The facility is not in the highest quartile of
costs per day, as determined by the Secretary and as
adjusted for case mix, wages, and type of facility.
(F) The facility provides quality care, as
determined by the Secretary, to--
(i) Medicaid eligible individuals; and
(ii) individuals who are entitled to items
and services under part A of title XVIII of the
Social Security Act.
(G) In the most recent standard survey available,
the facility was not cited for any immediate jeopardy
deficiencies as defined by the Secretary.
(H) In the most recent standard survey available,
the facility maintains an appropriate staffing level to
attain or maintain the highest practicable well-being
of each resident as defined by the Secretary.
(I) The facility complies with all the
requirements, as determined by the Secretary, contained
in sections 6101 through 6106 of the Patient Protection
and Affordable Care Act (Public Law 111-148) and the
amendments made by such sections.
(J) The facility was not listed as a Centers for
Medicare & Medicaid Services Special Focus Facility
(SFF) nor as a SFF on a State-based list.
(4) Frequency of payment.--Payment of an amount under this
subsection to an eligible dually-certified facility shall be
made for a year in a lump sum or in such periodic payments in
such frequency as the Secretary determines appropriate.
(5) Direct payments.--Such payment--
(A) shall be made directly by the Secretary to an
eligible dually-certified facility or a contractor
designated by such facility; and
(B) shall not be made through a State.
(c) Administration.--
(1) Annual applications; deadlines.--The Secretary shall
establish a process, including deadlines, under which
facilities may apply on an annual basis to qualify as eligible
dually-certified facilities for payment under subsection (b).
(2) Contracting authority.--The Secretary may enter into
one or more contracts with entities for the purpose of
implementation of this section.
(3) Limitation.--The Secretary may not spend more than 0.75
percent of the amount made available under subsection (a) in
any year on the costs of administering the program of payments
under this section for the year.
(4) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement, by program instruction or
otherwise, the provisions of this section.
(5) Limitations on review.--There shall be no
administrative or judicial review of--
(A) the determination of the eligibility of a
facility for payments under subsection (b); or
(B) the determination of the amount of any payment
made to a facility under such subsection.
(d) Annual Reports.--The Secretary shall submit an annual report to
the committees with jurisdiction in the Congress on payments made under
subsection (b). Each such report shall include information on--
(1) the facilities receiving such payments;
(2) the amount of such payments to such facilities; and
(3) the basis for selecting such facilities and the amount
of such payments.
(e) Definitions.--For purposes of this section:
(1) Dually-certified facility.--The term ``dually-certified
facility'' means a facility that is participating as a nursing
facility under title XIX of the Social Security Act and as a
skilled nursing facility under title XVIII of such Act.
(2) Medicaid eligible individual.--The term ``Medicaid
eligible individual'' means an individual who is eligible for
medical assistance, with respect to nursing facility services
(as defined in section 1905(f) of the Social Security Act),
under title XIX of the such Act.
(3) State.--The term ``State'' means the 50 States and the
District of Columbia.
SEC. 3. ASSURING ADEQUATE MEDICAID PAYMENT LEVELS FOR SERVICES.
(a) In General.--Title XIX of the Social Security Act is amended by
inserting after section 1925 the following new section:
``assuring adequate payment levels for services
``Sec. 1926. (a) In General.--A State plan under this title shall
not be considered to meet the requirement of section 1902(a)(30)(A) for
a year (beginning with 2011) unless, by not later than April 1 before
the beginning of such year, the State submits to the Secretary an
amendment to the plan that specifies the payment rates to be used for
such services under the plan in such year and includes in such
submission such additional data as will assist the Secretary in
evaluating the State's compliance with such requirement, including data
relating to how rates established for payments to medicaid managed care
organizations under sections 1903(m) and 1932 take into account such
payment rates.
``(b) Secretarial Review.--The Secretary, by not later than 90 days
after the date of submission of a plan amendment under subsection (a),
shall--
``(1) review each such amendment for compliance with the
requirement of section 1902(a)(30)(A); and
``(2) approve or disapprove each such amendment.
If the Secretary disapproves such an amendment, the State shall
immediately submit a revised amendment that meets such requirement.''.
(b) Report on Medicaid Payments.--Section 1902 of such Act (42
U.S.C. 1396), as amended by sections 2001(e) and 2303(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148) and
section 1202(a) of the Health Care and Education Reconciliation Act of
2010 (Public Law 111-152), is amended by adding at the end the
following new subsection:
``(kk) Report on Medicaid Payments.--Each year, on or before a date
determined by the Secretary, a State participating in the Medicaid
program under this title shall submit to the Administrator of the
Centers for Medicare & Medicaid Services--
``(1) information on the determination of rates of payment
to providers for covered services under the State plan,
including--
``(A) the final rates;
``(B) the methodologies used to determine such
rates; and
``(C) justifications for the rates; and
``(2) an explanation of the process used by the State to
allow providers, beneficiaries and their representatives, and
other concerned State residents a reasonable opportunity to
review and comment on such rates, methodologies, and
justifications before the State made such rates final.''. | Nursing Home Patient and Medicaid Assistance Act of 2010 - Makes appropriations to the Secretary of Health and Human Services (HHS), who, acting through the Administrator of the Centers for Medicare & Medicare Services, shall pay an amount directly to an eligible dually-certified facility to reimburse it for furnishing quality care to Medicaid-eligible individuals.
Defines "dually-certified facility" as one meeting several requirements, including participation as a nursing facility under title XIX (Medicaid) of the Social Security Act (SSA) and as a skilled nursing facility under SSA title XVIII (Medicare) during the entire year.
Amends title XIX (Medicaid) of the Social Security Act to prohibit a state Medicaid plan from being considered to meet the requirement for methods and procedures relating to the utilization of care and services unless, by April 1 before the beginning of any plan year (beginning with 2011), the state submits to the Secretary a plan amendment specifying the payment rates for such services, including data on how rates for payments to Medicaid managed care organizations take such payment rates into account.
Requires the Secretary to review each such plan amendment and approve or disapprove it.
Requires a state participating in the Medicaid program to submit to the Administrator of the Centers for Medicare and Medicaid Services: (1) information on the determination of payment rates for service providers; and (2) an explanation of the process used to allow providers, beneficiaries and their representatives, and other concerned state residents a reasonable opportunity to review and comment on such rates, methodologies, and justifications before the state made such rates final. | {"src": "billsum_train", "title": "To provide supplemental payments to nursing facilities serving Medicare and Medicaid patients and to amend title XIX of the Social Security Act to assure adequate Medicaid payment levels for services."} | 2,437 | 349 | 0.570709 | 1.797563 | 0.718354 | 4.684039 | 7.465798 | 0.925081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Cost Reduction Act of 2000''.
SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS.
Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C.
1692a(2)) is amended--
(1) by striking ```communication' means'' and inserting the
following: ```communication'--
``(A) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) does not include any action taken pursuant
to--
``(i) the Federal Rules of Civil Procedure;
``(ii) in the case of a proceeding in a
State court, the rules of civil procedure
available under the laws of such State; or
``(iii) a nonjudicial foreclosure.''.
SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692g) is amended by adding at the end the following:
``(d) Continuation During Period.--Collection activities and
communications may continue during the 30-day period described in
subsection (a), unless the consumer requests the cessation of such
activities.''.
SEC. 4. LIABILITY FOR NONCOMPLIANCE.
(a) Clarification of Limitation on Class Action Awards.--Section
813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)(2)(B)) is amended--
(1) by inserting ``or any series of class actions arising
out of the same violations by the same debt collector'' after
``case of a class action''; and
(2) by inserting ``of such class action or series of class
actions'' after ``all other class members''.
(b) Attorneys Fees To Enforce Civil Liability.--Section 813(a)(3)
of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)(3)) is
amended to read as follows:
``(3) subject to subsection (f), in the case of a
successful action to enforce a liability under paragraph (1) or
(2), the costs of the action, including reasonable attorney's
fees, as determined by the court, in an amount not to exceed
the amount awarded in such action under the applicable
paragraph.''.
(c) Rules Applicable to Certain Actions.--Section 813 of the Fair
Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at
the end the following:
``(f) Rules Applicable to Actions Under This Title.--
Notwithstanding any other provision of law, in any action arising under
this title, for purposes of rule 68 of the Federal Rules of Civil
Procedure, the following provisions shall apply:
``(1) Plaintiff's attorney's fees.--Costs shall include
reasonable fees for the plaintiff's attorney.
``(2) Disallowance of certain fees accruing after refusal
of settlement offer.--In accordance with rule 68 of the Federal
Rules of Civil Procedure, if--
``(A) an offer is made by the debt collector to a
consumer bringing an action (including any class action
or series of class actions referred to in subsection
(a)(2)(B)) under this title, and the offer is not
accepted; and
``(B) the amount of the final judgment awarded to
the consumer (or, in the case of a class action or
series of class actions, the total amount awarded to
all class members in such class action or series of
class actions) is less than or equal to the amount of
the offer referred to in subparagraph (A),
the consumer (or the class with regard to a class action or
series of class actions) may not be awarded or otherwise
recover costs for attorney's fees incurred after the date such
offer is rejected.''.
(d) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``liability in any action'' and inserting ``any award''; and
(2) by striking paragraph (1) and inserting the following:
``(1) in any action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the extent to
which the such noncompliance was intentional, and the amount of
actual damages awarded; or''.
(e) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(c)) is amended--
(1) by striking ``(c) A debt collector may not'' and
inserting the following:
``(c) Bona Fide Errors.--
``(1) In general.--A debt collector may not''; and
(2) by adding at the end the following:
``(2) Reliance on rules of civil procedure.--A debt
collector may not be held liable in any action brought under
this title, if the debt collector shows by a preponderance of
the evidence that the violation resulted from good faith
compliance with--
``(A) the Federal Rules of Civil Procedure;
``(B) in the case of a proceeding in a State court,
the rules of civil procedure available under the laws
of such State; or
``(C) a nonjudicial foreclosure proceeding.''.
SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) by redesignating section 818 as section 819; and
(2) by inserting after section 817 the following:
``Sec. 818. Mortgage servicer exemption
``(a) Exemption.--Any servicer of federally related mortgage loans
secured by first liens shall be exempt from the requirements of
sections 807(11) and 809 in connection with the collection of any debt
that is a federally related mortgage loan secured by a first lien, if
the servicer is--
``(1) a debt collector; and
``(2) a servicer for whom the collection of delinquent
debts is secondary to the primary function of the servicer of
servicing federally related mortgage loans.
``(b) Validation Statement.--If a debt collector is exempt,
pursuant to subsection (a), from the requirements of section 809 with
respect to any federally related mortgage loan to a consumer that is
secured by a first lien, the servicer shall provide to the consumer, at
least 30 days before any acceleration of the debt and without charge to
such consumer--
``(A) a notice of the consumer's right to receive a
validation statement; or
``(B) a validation statement.
``(2) Qualified validation requests.--
``(A) Response to request.--If a servicer described
in paragraph (1) provides a consumer with a notice
under subparagraph (A) of such paragraph, the servicer
shall provide such consumer with a validation statement
not more than 10 days after receiving a qualified
validation request from such consumer.
``(B) No delay required.--No provision of this
title shall be construed as requiring a servicer
described in paragraph (1) to delay acceleration,
foreclosure, or any other action with respect to a
federally related mortgage loan for which the servicer
provided a notice to the consumer under paragraph
(1)(A) due to the receipt by such servicer of a
qualified validation request from such consumer.
``(C) Receipt and handling of requests.--A servicer
described in paragraph (1) may establish a separate and
exclusive office for the receipt and handling of any
qualified validation request from any consumer under
this subsection if the servicer provides notice of that
fact and the address of the office to the consumer--
``(i) in the notice provided to such
consumer pursuant to paragraph (1)(A); or
``(ii) separately by first class mail with
prepaid postage.
``(3) Reasonable estimates of third party charges.--A
servicer described in paragraph (1) shall not be liable under
this title for any inaccurate amount contained in a validation
statement provided to a consumer with respect to a federally
related mortgage loan secured by a first lien to the extent the
inaccurate amount--
``(A) relates to costs for services to be provided
by third parties; and
``(B) constitutes a reasonable estimate of such
costs.
``(c) Definitions.--In this section:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the meaning given the term in
section 3(1) of the Real Estate Settlement Procedures Act of
1974.
``(2) Qualified validation request.--The term `qualified
validation request' means a written request for a validation
statement from a consumer to a servicer that--
``(A) includes the name and account number of the
consumer or such other information as may be necessary
to allow the servicer to identify such name and account
number; and
``(B) is not written on or otherwise included with
a payment coupon or other payment medium provided by
the servicer.
``(3) Servicer; servicing.--The terms `servicer' and
`servicing' have the meanings given those terms in section 6(i)
of the Real Estate Settlement Procedures Act of 1974.
``(4) Validation statement.--The term `validation
statement' means a statement of--
``(A) the total amount a consumer must pay, as of a
particular date, to bring the consumer's loan current;
and
``(B) the total amount a consumer must pay, as of a
particular date, to satisfy the loan in full.''.
(b) Clerical Amendment.--The table of sections for the Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.) is amended--
(1) by redesignating the item relating to section 818 as an
item relating to section 819; and
(2) by inserting after the item relating to section 817 the
following:
``818. Mortgage servicer exemption.''. | Permits collection activities and communications during the 30-day notice period following initial debt notification to the consumer.
Revises civil liability guidelines for a debt collector's noncompliance with the Act with respect to: (1) consumer's attorney's fees; (2) disallowance of certain attorney's fees accruing after a consumer's refusal of a debt collector's settlement offer if a final judgment amounts to the same as or less than such offer; (3) additional factors for consideration by the court in determining the amount of any award; and (4) a debt collector's good faith compliance with State or Federal rules of civil procedure as a shield against liability.
Cites conditions under which a servicer of federally related mortgage loans secured by first liens is exempt from certain requirements relating to: (1) debt notification and validation; and (2) failure to disclose that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. Requires such a servicer, if a debt collector is exempt from ordinary debt validation requirements, to provide a consumer, without charge, with a validation statement or a notice of the consumer's right to receive one at least 30 days before any debt acceleration. | {"src": "billsum_train", "title": "Credit Cost Reduction Act of 2000"} | 2,411 | 270 | 0.561971 | 1.720538 | 0.763066 | 2.417722 | 8.843882 | 0.898734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Lending Enhancement and
Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''.
SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF
INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT
OF 2002.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
``(d) Community Bank Exemption.--
``(1) Definitions.--In this subsection--
``(A) the term `bank holding company' has the
meaning given the term in section 2 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841);
``(B) the term `insured depository institution' has
the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
``(C) the term `savings and loan holding company'
has the meaning given the term in section 10(a) of the
Home Owners' Loan Act (12 U.S.C. 1467a(a)).
``(2) In general.--This section and the rules prescribed
under this section shall not apply in any fiscal year to any
bank holding company, savings and loan holding company, or
insured depository institution that, as of the end of the
preceding fiscal year, had total consolidated assets of
$1,000,000,000 or less.
``(3) Adjustment of amount.--The Commission shall annually
adjust the dollar amount in paragraph (1) by an amount equal to
the percentage increase, for the most recent year, in total
assets held by all bank holding companies, savings and loan
holding companies, and insured depository institutions, as
reported by the Federal Deposit Insurance Corporation.''.
SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT
TRANSACTIONS.
Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting the
margins accordingly;
(2) by striking ``The Bureau'' and inserting the following:
``(1) In general.--The Bureau''; and
(3) by adding at the end the following:
``(2) Treatment of loans held by smaller institutions.--The
Bureau shall, by regulation, exempt from the requirements of
subsection (a) any loan secured by a first lien on the
principal dwelling of a consumer, if such loan is held by an
insured depository institution having assets of $10,000,000,000
or less.''.
SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.
Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended by adding at the end the following:
``(F) Safe harbor.--
``(i) In general.--In this section--
``(I) the term `qualified mortgage'
includes any mortgage loan that is
originated and retained in portfolio
for a period of not less than 3 years
by a depository institution together
with its affiliates has less than
$10,000,000,000 in total consolidated
assets; and
``(II) loans described in subclause
(I) shall be deemed to meet the
requirements of subsection (a).
``(ii) Exception for certain transfer.--In
the case of a depository institution that
transfers a loan originated by that institution
to another depository institution by reason of
the bankruptcy or failure of the originating
depository institution or the purchase of the
originating depository institution, the
depository institution acquiring the loan shall
be deemed to have complied with the requirement
under clause (i)(I).''.
SEC. 5. EXEMPTION FROM VOLCKER RULE.
Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C.
1851(h)(1)) is amended--
(1) in subparagraph (D), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively;
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively;
(3) by striking ``institution that functions solely in a
trust or fiduciary capacity, if--'' and inserting the
following: ``institution--
``(A) that functions solely in a trust or fiduciary
capacity, if--''; and
(4) in clause (iv)(II), as redesignated, by striking the
period at the end and inserting the following: ``; or
``(B) with total consolidated assets of
$10,000,000,000 or less.''.
SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES.
(a) In General.--Section 129(b) of the Truth in Lending Act (15
U.S.C. 1639(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) No wait for lower rate.--If a creditor extends to a
consumer a second offer of credit with a lower annual
percentage rate, the transaction may be consummated without
regard to the period specified in paragraph (1).''.
(b) Safe Harbor for Good Faith Compliance With TILA-RESPA
Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5532(f)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Safe harbor for good faith compliance.--
``(A) Safe harbor.--Notwithstanding any other
provision of law, during the period described in
subparagraph (B), an entity that provides the
disclosures required under the Truth in Lending Act (15
U.S.C. 1601 et seq.) and sections 4 and 5 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C.
2603 and 2604), as in effect on July 31, 2017, shall
not be subject to any civil, criminal, or
administrative action or penalty for failure to fully
comply with any requirement under this subsection.
``(B) Applicable period.--Subparagraph (A) shall
apply to an entity during the period beginning on the
date of enactment of this paragraph and ending on the
date that is 30 days after the date on which a
certification by the Director that the model
disclosures required under paragraph (1) are accurate
and in compliance with all State laws is published in
the Federal Register.''. | Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.) | {"src": "billsum_train", "title": "Community Lending Enhancement and Regulatory Relief Act of 2017"} | 1,591 | 209 | 0.452354 | 1.280143 | 0.79889 | 2.278788 | 8.242424 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Regulatory Review
Reform Act of 2000''.
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Definitions.
``802. Congressional approval of major rules.
``803. Congressional review.
``804. Approval procedure.
``805. Presidential interim approval.
``806. Prohibition on another rule in substantially same form.
``807. Judicial review.
``Sec. 801. Definitions
``In this chapter:
``(1) The term `agency' has the meaning given that term
under section 551(1).
``(2) The term `major rule' --
``(A) means any rule that the Administrator of the
Office of Information and Regulatory Affairs of the
Office of Management and Budget, after consultation
with the Comptroller General, finds has resulted in or
is likely to result in--
``(i) an annual effect on the economy of
$100,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets; and
``(B) does not include any rule promulgated under
the Telecommunications Act of 1996 and the amendments
made by that Act.
``(3) The term `rule' has the meaning given that term under
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.
``Sec. 802. Congressional approval of major rules
``Subject to section 805, before a major rule can take effect, such
rule shall be--
``(1) submitted to Congress as required under section 803;
and
``(2) approved by a joint resolution described under
section 804.
``Sec. 803. Congressional review
``(a)(1) Any agency promulgating a major rule shall submit to each
House of Congress and to the Comptroller General a report containing--
``(A) a copy of the major rule;
``(B) a concise general statement relating to the major
rule; and
``(C) the proposed effective date of the major rule.
``(2) On the date of the submission of the report under paragraph
(1), the agency promulgating the major rule shall submit to the
Comptroller General and make available to each House of Congress--
``(A) a complete copy of the cost-benefit analysis of the
major rule, if any;
``(B) the agency's actions relevant to sections 603, 604,
605, 607, and 609;
``(C) the agency's actions relevant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(D) any other relevant information or requirements under
any other Act or any relevant Executive order.
``(3) Upon receipt of a report submitted under paragraph (1), each
House shall provide copies of the report to the chairman and ranking
member of each standing committee with jurisdiction under the rules of
the Senate or the House of Representatives to report a bill to amend
the provision of law under which the major rule is issued.
``Sec. 804. Approval procedure
``(a)(1) In this section, the term `joint resolution' means only a
joint resolution that--
``(A) is introduced on the date described under paragraph
(2), the matter after the resolving clause of which is as
follows: `The Congress approves the rule relating to
______________ submitted by the ______________, and such rule
shall take effect.'; and
``(B) applies to the rule in the form submitted to
Congress, without amendment of the rule by Congress.
``(2) On the first day that both Houses of Congress are in session
following the date that a major rule is submitted to Congress under
section 803(a)--
``(A) the Majority Leader of the Senate and the Minority
Leader of the Senate shall introduce a joint resolution of
approval as described under paragraph (1) relating to that
major rule; and
``(B) the Majority Leader of the House of Representatives
and the Minority Leader of the House of Representatives shall
introduce a joint resolution of approval as described under
paragraph (1) relating to that major rule.
``(b)(1) On the date that a joint resolution is introduced under
subsection (a), the joint resolution shall be referred to 1 committee
of jurisdiction. The committee may not amend the joint resolution. If
the joint resolution is not reported by the committee not later than 20
calendar days after referral to the committee, the joint resolution
shall be discharged from the committee and placed on the calendar of
the appropriate House of Congress.
``(2) Subject to subsection (c), 10 calendar days after the joint
resolution is placed on the calendar under paragraph (1)--
``(A) the joint resolution shall be deemed passed by each
House of Congress; and
``(B)(i) if the joint resolution was introduced in the
House of Representatives, the Clerk of the House of
Representatives shall enroll the joint resolution for
presentation to the President; and
``(ii) if the joint resolution was introduced in the
Senate, the Secretary of the Senate shall take no further
action.
``(c)(1) If during the 30-calendar day period beginning on the date
of introduction of a joint resolution under subsection (a), a petition
is signed and filed by 20 percent or more of the Members of either
House of Congress objecting to the approval of a major rule, subsection
(b)(2) shall not apply to a joint resolution introduced in either House
of Congress relating to the major rule which is the subject of the
petition.
``(2) A petition under this subsection may be filed with the
Secretary of the Senate or the Clerk of the House of Representatives,
as appropriate, and both such officers shall accept such a filing on
any day on which the Senate or the House of Representatives is not in
session.
``(3) The Secretary of the Senate or the Clerk of the House of
Representatives shall submit a copy of any petition and a copy of the
relevant joint resolution to the Comptroller General on the date on
which a petition is filed.
``(d) Not later than 45 days after the date on which a petition is
filed under subsection (c), the Comptroller General shall submit a
report to the Secretary of the Senate and the Clerk of the House of
Representatives on the applicable major rule. The report shall include
a regulatory analysis of the major rule and an assessment of the
compliance of the agency proposing the rule with section 803. Upon
submission of the report, the report and the joint resolution of
approval shall be published in the Federal Register.
``(e)(1) On or after the date on which the Comptroller General
submits a report under subsection (d), it is at any time in order (even
though a previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other business. A motion
to reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall remain the
unfinished business of the respective House until disposed of. An
amendment to the joint resolution shall not be in order.
``(2) Debate on the joint resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between those favoring and
those opposing the joint resolution. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not in order.
A motion to reconsider the vote by which the joint resolution is agreed
to or disagreed to is not in order.
``(3) Immediately following the conclusion of the debate on a joint
resolution, and a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate House, the
vote on final passage of the joint resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a joint resolution
shall be decided without debate.
``(5) If, before the passage by one House of a joint resolution of
that House, that House receives from the other House a resolution, then
the following procedures shall apply:
``(A) The joint resolution of the other House shall not be
referred to a committee.
``(B) With respect to a joint resolution of the House
receiving the joint resolution--
``(i) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(ii) the vote on final passage shall be on the
joint resolution of the other House.
``(f) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that House.
``Sec. 805. Presidential interim approval
``(a)(1) A major rule that would not take effect by reason of
sections 803 and 804 may take effect as provided under this section if
the President makes a determination under paragraph (2) and submits a
written notice of such determination to the Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such major rule is--
``(A) necessary because of an imminent threat to health or
safety or other emergency;
``(B) necessary for the enforcement of criminal laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing an
international trade agreement.
``(b)(1) A major rule may be effective under this section during
the period beginning on the date of the submission of a notice relating
to the rule under subsection (a) and the date on which--
``(A) the President signs a joint resolution of approval of
the major rule; or
``(B) either House of Congress votes against a joint
resolution of approval of the major rule.
``(2) If a joint resolution of approval is approved by Congress
after a veto by the President, the agency promulgating the major rule
may treat the major rule as though the veto had not occurred.
``Sec. 806. Prohibition on another rule in substantially same form
``During the 6-month period beginning on the date on which a vote
occurs in either House of Congress that disapproves a joint resolution
of approval of a major rule under section 804--
``(1) an agency may not promulgate that major rule in
substantially the same form; and
``(2) another rule that is substantially the same as that
major rule may not be promulgated, unless a law enacted after
the disapproval of the joint resolution specifically authorizes
the promulgation of another rule.
``Sec. 807. Judicial review
``(a) A major rule that is approved by a joint resolution under
this chapter (other than a rule approved by a joint resolution deemed
passed under section 804(b)(2)) shall not be subject to judicial
review.
``(b) A major rule to which section 805 applies shall not be
subject to judicial review during the period described under section
805(b).''.
SEC. 3. PROGRAM FOR REVIEW OF AGENCY RULES.
(a) Definitions.--In this section the terms ``agency'' and ``rule''
have the meanings given such terms under section 551 of title 5, United
States Code.
(b) Program for Review of Agency Rules.--
(1) Authorization.--The President may establish by
Executive order a program for the systematic review of rules.
(2) Contents of program.--At a minimum, a program
established under this section shall--
(A) contain the procedural safeguards in effect
under Executive order 12,866;
(B) limit the total period of executive review to
not more than 90 calendar days;
(C) require periodic public disclosure of the
status of rules under review;
(D)(i) require maintaining a record of all contacts
between employees of an agency and persons who are not
Federal employees with respect to a rule; and
(ii) require public disclosure of such contacts;
and
(E) require the public disclosure of each draft of
a rule submitted for review to a reviewing authority,
with identification of any changes made at the
suggestion of the reviewing authority, at the time the
proposed rule is published in the Federal Register for
public comment.
SEC. 4. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect 180
days after the date of enactment of this Act. | Defines major rule as any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. Excludes from the meaning of major rule any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.
Declares that any major rule approved by a joint resolution (other than one deemed passed) shall not be subject to judicial review.
Authorizes the President to establish by Executive order a program for the systematic review of rules. | {"src": "billsum_train", "title": "Congressional Regulatory Review Reform Act of 2000"} | 3,279 | 205 | 0.645962 | 1.886208 | 0.944149 | 5.430108 | 17.306452 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Magnetic Levitation (MAGLEV)
Transportation Technology Deployment Act of 1997''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds that--
(1)(A) new transportation technologies are needed to
develop new modes of transportation that are environmentally
sound and energy efficient;
(B) very high- and super-speed magnetic levitation
(referred to in this section as ``MAGLEV'') is the technology
that appears to best meet the needs of the traveling public and
high-value freight shippers in the 40- to 600-mile distance
corridors;
(C) MAGLEV is energy efficient, consuming less energy per
passenger mile at any given speed than other forms of
transportation and reducing dependence on imported oil;
(D) since properly designed MAGLEV is virtually impossible
to derail, MAGLEV is safe and will prevent accidents and loss
of life, and will significantly reduce costs attributable to
accidents occurring on highways, freight rail lines, intercity
rail passenger service lines, commuter rail lines, and short
haul airline routes of the United States;
(E) MAGLEV is virtually unaffected by weather conditions,
which annually result in delays in other transportation modes
employed by freight and passenger carriers; and
(F) MAGLEV makes extensive use of existing highway rights-
of-way and consumes less land for its guideway infrastructure
than a comparable roadway;
(2) the commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-
240; 105 Stat. 1978)--
(A) demonstrates that MAGLEV systems have the
potential for a public and private partnership under
which the private sector could operate a system without
operating subsidies and the total benefits of the
system would exceed the total costs; and
(B) demonstrates that adding links or corridors to
the basic MAGLEV system would enhance the basic system,
leading to establishment of high-volume high-speed
ground transportation networks; and
(3) the study required by section 359(d) of the National
Highway System Designation Act of 1995 (Public Law 104-59; 109
Stat. 627) further demonstrates the potential for MAGLEV
systems.
(b) Policy.--It is the policy of the United States to establish a
MAGLEV transportation technology system operating along Federal-aid
highway and other rights-of-way as part of a national transportation
system of the United States.
SEC. 3. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment
program
``(a) Definitions.--In this section:
``(1) Eligible project costs.--The term `eligible project
costs' means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached
to guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, but not
including costs incurred for a new station.
``(2) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
``(3) MAGLEV.--The term `MAGLEV' means transportation
systems employing magnetic levitation that would be capable of
safe use by the public at a speed in excess of 240 miles per
hour.
``(4) Partnership potential.--The term `partnership
potential' has the meaning given the term in the commercial
feasibility study of high-speed ground transportation conducted
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978).
``(5) Recognized pilot project.--The term `recognized pilot
project' means a project identified in the report transmitted
by the Secretary to Congress on the near-term applications of
magnetic levitation ground transportation technology in the
United States as required by section 359(d) of the National
Highway System Designation Act of 1995 (Public Law 104-59; 109
Stat. 627).
``(b) High-Speed Ground Transportation Office.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Magnetic Levitation (MAGLEV) Transportation
Technology Deployment Act of 1997, the Secretary shall
establish a High-Speed Ground Transportation Office in the
Federal Railroad Administration to--
``(A) coordinate and administer all high-speed rail
and MAGLEV programs authorized by this section and any
other provision of this title or title 49; and
``(B) make available financial assistance to
provide the Federal share of full project costs of
eligible projects selected under this section and
otherwise carry out this section.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1)(B) shall be not more than \2/3\.
``(3) Use of assistance.--Financial assistance provided
under paragraph (1)(B) shall be used only to pay eligible
project costs of projects selected under this section.
``(c) Solicitation of Applications for Assistance.--Not later than
90 days after the establishment of the High-Speed Ground Transportation
Office, the Secretary shall solicit applications from States, or
authorities designated by 1 or more States, for financial assistance
authorized by subsection (b)(1)(B) for planning, design, and
construction of eligible MAGLEV projects.
``(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b)(1)(B), a project shall--
``(1) involve a segment or segments of a high-speed ground
transportation corridor that--
``(A) exhibits partnership potential; or
``(B) is a portion of a recognized pilot project;
``(2) require an amount of Federal funds for project
financing that will not exceed--
``(A) the amounts made available under subsection
(j)(1)(A); and
``(B) the amounts made available by States under
subsection (j)(4);
``(3) result in an operating transportation facility that
provides a revenue producing service;
``(4) be undertaken through a public and private
partnership, with at least \1/3\ of full project costs paid
using non-Federal funds;
``(5) to the maximum extent practicable (as determined by
the Secretary), satisfy applicable Statewide and metropolitan
planning requirements;
``(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States;
``(7) to the extent non-United States MAGLEV technology is
used within the United States, be carried out as a technology
transfer project; and
``(8) be carried out using materials at least 70 percent of
which are manufactured in the United States.
``(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for selecting
which eligible projects under subsection (d) will receive financial
assistance under subsection (b)(1)(B). The criteria shall include the
extent to which--
``(1) a project is nationally significant, including the
extent to which the project will demonstrate the feasibility of
deployment of MAGLEV technology throughout the United States;
``(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce the need
for additional highway or airport construction;
``(3) States, regions, and localities financially
contribute to the project;
``(4) implementation of the project will create new jobs in
traditional and emerging industries;
``(5) the project will augment MAGLEV networks identified
as having partnership potential;
``(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
``(7) financial assistance would foster the timely
implementation of a project; and
``(8) life-cycle costs in design and engineering are
considered and enhanced.
``(f) Project Selection.--Not later than 90 days after a deadline
established by the Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in accordance with the
selection criteria and select 1 or more eligible projects for financial
assistance.
``(g) Joint Ventures.--A project undertaken by a joint venture of
United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology in the
United States) shall be eligible for financial assistance under this
section if the project is eligible under subsection (d) and selected
under subsection (f).
``(h) Research Grants and Contracts.--The Secretary shall conduct
research that shall include providing grants to, and entering into
contracts with, colleges, universities, research institutes, Federal
laboratories, and private entities for research related to--
``(1) the quantification of benefits derived from the
implementation of MAGLEV technology;
``(2) MAGLEV safety;
``(3) the development of domestic MAGLEV technologies,
including electromagnetic and superconducting technology; and
``(4) the development of technologies associated with
MAGLEV infrastructure.
``(i) Report.--Not later than 180 days after the date of enactment
of the Magnetic Levitation (MAGLEV) Transportation Technology
Deployment Act of 1997, the Secretary shall submit a report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on progress in implementing this section that includes
a report on--
``(1) the establishment of the High-Speed Ground
Transportation Office under subsection (b);
``(2) applications for assistance under this section; and
``(3) the establishment of public and private partnerships
to carry out this section.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to--
``(A) carry out this section (other than subsection
(h)), $10,000,000 for fiscal year 1998, $20,000,000 for
fiscal year 1999, $200,000,000 for each of fiscal years
2000 and 2001, and $250,000,000 for each of fiscal
years 2002 and 2003; and
``(B) provide research grants and contracts under
subsection (h), $10,000,000 for each of fiscal years
1998 through 2003.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Contract authority.--Approval by the Secretary of an
eligible project selected under this section shall be
considered to be a contractual obligation of the United States
for payment of the Federal share of the full project costs of
the project.
``(4) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry out
the surface transportation program under section 133 and the
congestion mitigation and air quality improvement program under
section 149 may be used by the State to pay a portion of the
full project costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(5) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under this
section shall be eligible for the loans, loan guarantees, lines
of credit, development cost and political risk insurance,
credit enhancement, and risk insurance that are authorized for
a highway project under this title.
``(6) Tax-exempt bond financing.--For the purpose of
obtaining tax-exempt bond financing under the Internal Revenue
Code of 1986, a MAGLEV facility shall be considered to be a
high-speed intercity rail facility with an average speed
greater than 150 miles per hour under section 142(a)(11) of
that Code.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by inserting after the item relating to
section 321 the following:
``322. Magnetic levitation transportation technology deployment
program.''. | Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997 - Declares that it is U.S. policy to establish a MAGLEV transportation technology system (i.e., a transportation system employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) operating along Federal-aid highways and other rights-of-way as part of a national transportation system.
Amends Federal transportation law to direct the Secretary of Transportation to: (1) establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to coordinate and administer all authorized high-speed rail and MAGLEV programs, to make available financial assistance to provide the Federal share of full project costs of eligible projects selected, and to otherwise carry out this Act; and (2) solicit applications from States, or authorities designated by one or more States, for financial assistance authorized for planning, design, and construction of eligible MAGLEV projects.
Sets forth provisions regarding the Federal share, authorized uses of assistance, and project eligibility.
Directs the Secretary to establish criteria for selecting eligible projects, to evaluate the projects, and to select projects to receive financial assistance.
Sets forth provisions regarding joint ventures.
Directs the Secretary to conduct research regarding the quantification of benefits derived from the implementation of MAGLEV technology, MAGLEV safety, and the development of domestic MAGLEV technologies and technologies associated with MAGLEV infrastructure.
Sets forth reporting requirements. Authorizes appropriations from the Highway Trust Fund to carry out this Act. Specifies that, for the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour. | {"src": "billsum_train", "title": "Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997"} | 2,684 | 394 | 0.592403 | 1.941748 | 0.745556 | 4.916667 | 7.5 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement
Improvements Act of 1996''.
SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL
RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN
CHILD SUPPORT CASES.
(a) In General.--Notwithstanding any other provision of Federal or
State law, a depository institution shall not be liable under any
Federal or State law to any person for disclosing any financial record
of an individual to a State child support enforcement agency attempting
to establish, modify, or enforce a child support obligation of such
individual.
(b) Prohibition of Disclosure of Financial Record Obtained by State
Child Support Enforcement Agency.--A State child support enforcement
agency which obtains a financial record of an individual from a
depository institution pursuant to subsection (a) may disclose such
financial record only for the purpose of, and to the extent necessary
in, establishing, modifying, or enforcing a child support obligation of
such individual.
(c) Civil Damages for Unauthorized Disclosure.--
(1) Disclosure by state officer or employee.--If any
officer or employee of a State knowingly, or by reason of
negligence, discloses a financial record of an individual in
violation of subsection (b), such individual may bring a civil
action for damages against such State in a district court of
the United States.
(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this subsection
with respect to any disclosure which results from a good faith,
but erroneous, interpretation of subsection (b).
(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
(A) the greater of--
(i) $1,000 for each act of unauthorized
disclosure of a financial record with respect
to which such defendant is found liable; or
(ii) the sum of--
(I) the actual damages sustained by
the plaintiff as a result of such
unauthorized disclosure; plus
(II) in the case of a willful
disclosure or a disclosure which is the
result of gross negligence, punitive
damages; plus
(B) the costs of the action.
(d) Definitions.--For purposes of this section:
(1) The term ``depository institution'' means--
(A) a depository institution, as defined by section
3(c) of the Federal Deposit Insurance Act;
(B) an institution-affiliated party, as defined by
section 3(u) of such Act; and
(C) any Federal credit union or State credit union,
as defined by section 101 of the Federal Credit Union
Act, including an institution-affiliated party of such
a credit union, as defined by section 206(r) of such
Act.
(2) The term ``financial record'' has the meaning given
such term by section 1101(2) of the Right to Financial Privacy
Act of 1978.
(3) The term ``State child support enforcement agency''
means a State agency which administers a State program for
establishing and enforcing child support obligations.
SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
(a) In General.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following:
``(4) To a State child support enforcement agency that is seeking
to establish, modify, or enforce a child support obligation against the
consumer, if--
``(A) the paternity of the consumer for the child to which
the obligation relates has been established or acknowledged by
the consumer in accordance with State laws under which the
obligation arises (if required by those laws); and
``(B) the State child support enforcement agency--
``(i) before obtaining the consumer report,
provides written notice to the consumer that the State
agency intends to obtain a consumer report on the
consumer; and
``(ii) certifies to the consumer reporting agency
that--
``(I) the requirement in subparagraph (A)
has been fulfilled (if applicable); and
``(II) the notice required by clause (i)
has been provided.''.
(b) State Child Support Enforcement Agency Defined.--Section 603 of
such Act (15 U.S.C. 1681a) is amended by adding at the end the
following new subsection:
``(k) The term `State child support enforcement agency' means a
State agency which administers a State program for establishing and
enforcing child support obligations.''.
SEC. 4. HEALTH CARE SUPPORT.
(a) Inclusion in Child Support Orders.--
(1) In general.--Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)) is amended by inserting after paragraph (11)
the following:
``(12) Not later than the beginning of the 9th calendar
month that begins after the date the Secretary prescribes final
regulations as provided for in section 467(d)(2):
``(A) Procedures which require any child support
order, issued or modified by a court or administrative
agency of the State on or after the effective date of
guidelines established by the State under section
467(d), to provide for coverage of the health care
costs of the child in accordance with such guidelines.
``(B) Procedures which require the expedited
consideration and disposition of any allegation of
noncompliance with an obligation to cover the health
care costs of a child imposed under a child support
order issued or modified in the State.''.
(2) State guidelines.--Section 467 of such Act (42 U.S.C.
667) is amended by adding at the end the following:
``(d)(1) Not later than the beginning of the 9th calendar month
that begins after the date the Secretary prescribes final regulations
in accordance with paragraph (2), each State, as a condition for having
its State plan approved under this part, must establish guidelines for
the coverage of the health care costs of children pursuant to child
support orders issued or modified in the State, which guidelines shall
create a streamlined process that meets the minimum standards
established by the Secretary in such regulations.
``(2)(A) The Secretary shall promulgate regulations which set forth
minimum standards that any set of guidelines established pursuant to
paragraph (1) must meet in providing for the coverage of the health
care costs of children pursuant to child support orders issued or
modified in the State, including--
``(i) the contents of such an order with respect to the
coverage of such costs;
``(ii) the distribution of responsibility for such costs;
``(iii) to the extent that such costs are to be covered
through health insurance--
``(I) the provision of such insurance;
``(II) the payment of insurance claims; and
``(III) the rights of the noncustodial parent and
the custodial parent to insurance information;
``(iv) the circumstances under which a provider of health
insurance may or may not deny coverage to a child who is the
subject of such an order;
``(v) penalties to be imposed on providers of health
insurance who fail to comply with the guidelines; and
``(vi) how changes in the circumstances of the noncustodial
parent and the custodial parent are to be taken into account
with respect to the coverage of such costs.
``(B) In developing such standards, the Secretary shall ensure
that, in establishing guidelines pursuant to paragraph (1), the State
considers the following matters in the following order of importance:
``(i) The best interests of the child.
``(ii) The financial and other circumstances of the parents
of the child.
``(iii) Cost-effectiveness.
``(3) The preceding subsections of this section shall apply in like
manner to the guidelines established pursuant to this subsection.''.
(3) Regulations.--
(A) Proposed regulations.--Within 9 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue proposed
regulations to implement the amendments made by this
subsection.
(B) Final regulations.--Within 14 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall issue final regulations
to implement the amendments made by this subsection.
(b) Inclusion in Incentive Payments Program of Dependent Health
Insurance Provided Due to Successful Enforcement.--
(1) In general.--Section 458(b) of the Social Security Act
(42 U.S.C. 658(b)) is amended by adding at the end the
following:
``(5)(A) For purposes of this section, the successful enforcement
by the State of a provision of a support order requiring an absent
parent to obtain health insurance for 1 or more children shall be
considered the collection of support from the absent parent, without
regard to the means by which such support is provided.
``(B) The amount of support collected in any case in which the
State successfully enforces a provision of a support order requiring an
absent parent to obtain health insurance for 1 or more children shall
be the savings to the State from the provision of such health insurance
to such children, as determined in accordance with a health insurance
savings methodology adopted by the State in accordance with regulations
prescribed by the Secretary.''.
(2) Regulations.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prescribe such regulations as may be necessary
to implement the amendment made by paragraph (1).
(3) Study; report.--
(A) Study.--The Secretary of Health and Human
Services shall conduct a study to determine the
incentives that should be provided to encourage States
to enforce obligations of noncustodial parents to pay
(and obtain medical insurance coverage with respect to)
the reasonable and necessary health and dental expenses
of the children to whom the noncustodial parents owe
such obligations.
(B) Report.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate the results of
the study required by subparagraph (A).
SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN
WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT
ASSISTANCE.
Section 452(a)(10) of the Social Security Act (42 U.S.C.
652(a)(10)) is amended--
(1) in subparagraph (H), by striking ``and'';
(2) in subparagraph (I), by striking the period and
inserting ``; and''; and
(3) by inserting after subparagraph (I) the following:
``(J) compliance, by State, with the standards
established pursuant to subsections (h) and (i).''.
SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS
REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT
PENALTY IMPOSED ON EMPLOYERS.
(a) In General.--Section 466(b)(6)(A) of the Social Security Act
(42 U.S.C. 666(b)(6)(A)) is amended--
(1) in clause (i), by inserting ``within 10 days after the
payment of such wages'' before ``to the appropriate agency'';
and
(2) by adding at the end the following:
``(iii) The State must require any employer who fails to
make any payment required in accordance with clause (i) within
the 10-day period described therein to pay the State a $1,000
penalty. The State must expend all penalties collected in
accordance with this clause for the operation of the State plan
approved under section 454, not later than the end of the
calendar quarter following the calendar quarter in which
collected.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2) of
this subsection, the amendments made by subsection (a) of this
section shall take effect on the date of the enactment of this
Act and apply to wages paid on or after such date and payments
under part D of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under section 454 of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by
subsection (a) of this section, the State plan shall not be
regarded as failing to comply with the requirements of such
section 454 solely on the basis of the failure of the plan to
meet such additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the 1st regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
SEC. 7. NATIONAL PARENT LOCATOR NETWORK.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended
by adding at the end the following:
``(g) The Secretary shall expand the Parent Locator Service to
establish a national network based on the comprehensive statewide child
support enforcement systems developed by the States, to--
``(1) allow each State to--
``(A) locate any absent parent who owes child
support, for whom a child support obligation is being
established, or for whom an order for visitation is
being enforced, by--
``(i) accessing the records of other State
agencies and sources of locate information
directly from one computer system to another;
and
``(ii) accessing Federal sources of locate
information in the same fashion;
``(B) access the files of other States to determine
whether there are other child support orders involving
the same absent parent, and obtain the details of any
such order;
``(C) provide for both on-line and batch processing
of locate requests, with on-line access restricted to
cases in which the information is needed immediately
(for such reasons as court appearances) and batch
processing used to `troll' data bases to locate
individuals or update information periodically; and
``(D) direct locate requests to individual States
or Federal agencies, broadcast requests to selected
States, or broadcast cases to all States when there is
no indication of the source of needed information;
``(2) provide for a maximum of 48-hour turnaround time for
information to be broadcast and returned to a requesting State;
and
``(3) provide ready access to courts of the information on
the network by location of a computer terminal in each
court.''. | Child Support Enforcement Improvements Act of 1996 - Prescribes guidelines under which depository institutions shall not be liable to any person for disclosing a financial record to a State child support enforcement agency attempting to establish, modify, or enforce an individual's child support obligation.
Authorizes a civil action for damages for wrongful disclosure of an individual's financial records by a State officer or employee.
Amends the Fair Credit Reporting Act to provide State child support enforcement agencies access to, and use of, consumer reports in child support cases.
Amends part D of title IV (Child Support and Establishment of Paternity) of the Social Security Act to condition Federal approval of State plans for aid and services to needy families with children upon inclusion within State child support orders of statutorily prescribed procedures for health care coverage of the child.
States that, for the incentive payments program, successful State enforcement of a support order requiring an absent parent to obtain health insurance for one or more children shall be considered the collection of support from the absent parent.
Requires the Secretary of Health and Human Services to study and report to specified congressional committees on incentives that should be provided to encourage States to enforce obligations of noncustodial parents to pay reasonable and necessary health and dental expenses of their children.
Requires employers withholding wages to pay child support obligations to pay such withheld wages to the State within ten days. Imposes a penalty for late payments.
Instructs the Secretary to expand the Parent Locator Service to establish a national network to provide access to specified State and Federal sources of information based on the comprehensive statewide child support enforcement systems developed by the States. | {"src": "billsum_train", "title": "Child Support Enforcement Improvements Act of 1996"} | 3,437 | 361 | 0.534108 | 1.565596 | 0.83542 | 3.664516 | 10.045161 | 0.929032 |
SECTION 1. INSTRUCTIONAL LEVEL ASSESSMENT PILOT PROGRAM.
Part A of title VI of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7301 et seq.) is amended by adding at the end the
following:
``Subpart 5--Instructional Level Assessment
``SEC. 6171. INSTRUCTIONAL-LEVEL ASSESSMENT PILOT PROGRAM.
``(a) Grant Authority.--
``(1) In general.--The Secretary shall award grants on a
competitive basis to no more than ten State educational
agencies to conduct pilot programs to determine the
effectiveness of assessing students with disabilities who are
achieving significantly below grade-level proficiency at their
instructional level, and to facilitate quality instruction for
such students.
``(2) Grant period.--Grants described under paragraph (1)
shall be made for a 3 year period.
``(b) Application.--A State that desires the grant described under
paragraph (1) shall submit an application for such grant, at such time,
in such manner and in such format as the Secretary may prescribe. In
order to be eligible to receive a grant under this section, an State
shall--
``(1) be determined by the Secretary to not be in need of
intervention or substantial intervention in implementing the
requirements as described in part B, section 616(d)(2) (20
U.S.C. 1416) of the Individuals with Disabilities Education
Act;
``(2) have developed and implemented alternate assessments
to modified academic achievement standards;
``(3) as part of such application, provide assurances such
agency has identified a minimum of 5 local education agencies,
considering geographic diversity, the mix of rural and urban
districts, and the mix of small and large districts, to
participate in the pilot;
``(4) demonstrate such agency will provide guidance to the
participating local education agencies on--
``(A) how to appropriately select students for the
pilot;
``(B) scientifically valid assessment & evaluation
tools to be utilized; and
``(C) data collection and reporting;
``(5) as part of such application, provide an assurance
that participating local education agencies have implemented a
response to intervention approach as defined in section 9101
that ensures that all students have received data driven,
quality instruction in the grade-level content; and
``(6) ensure monitoring and oversight of the participating
local education agencies, including establishment of a process
to review documentation provided by the individualized
education program team (or `IEP Team') (as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(B))), for each student recommended for
participation in the pilot to ensure that students are
appropriately identified for participation.
``(c) Program Elements.--In implementing the pilot, a State
educational agency and the participating local educational agencies
shall--
``(1) limit participation of students in the pilot program
to .5 percent of the total population of students assessed in
each participating local educational agency;
``(2) ensure that the participating student's IEP Team has
determined that the alternate assessment to modified
achievement standards is the appropriate annual assessment for
the student and secured the written consent of the parents of
such student prior to such students being assessed under the
pilot program;
``(3) ensure that all students participating in the pilot
program are receiving data driven, quality instruction in the
grade level content in the subject areas to be assessed;
``(4) ensure the IEP Team shall--
``(A) examine the student's testing data, formative
assessments, student work, IEP progress notes, data
from the response to intervention approaches, teacher
recommendations and other data that indicates a
student's instructional level;
``(B) determine whether the student is performing
three or more grade levels below their current grade
level in either reading or math, as measured by
scientifically-valid and reliable instruments, and the
measures described in subparagraph (A); and
``(C) administer scientifically-valid and reliable
assessments based on the student's instructional level
in reading and/or math; and
``(5) based on the student's instructional level
assessment, ensure the IEP Team will develop, and the local
education agency will implement, a series of targeted
interventions that directly address and are designed to
remediate identified gaps in the student's instructional and
grade-level content knowledge.
``(d) Accountability.--
``(1) The data from instructional level assessments shall
not be used for purpose of determining whether a student meets
or exceeds a proficient level of achievement as described under
section 1111(b).
``(2) The results of any such instructional leveal
assessments administered under this Act shall not be used to
determine whether a school, local educational agency, or State
educational agency has made adequate yearly progress, as
described under section 1111(b).
``(e) Reports.--
``(1) Each local education agency participating in the
pilot will compile a report documenting progress on each
student's instructional level proficiency and progress made
toward reaching grade level proficiency based on either an
alternate assessment based on modified academic achievement
standards or regular academic achievement standards and a
scientifically valid and reliable instructional level
assessment.
``(2) Each State education agency participating in the
pilot shall submit an annual report to the Secretary,
describing how many students participated in the pilot, and the
progress made towards closing the gap between their current
grade level proficiency and instructional level proficiency.
``(3) Data collected shall be used by the Secretary to
inform the report in section 1111(b)(2)(S).
``(4) The Secretary shall issue a report to Congress
indicating how many students participated in the pilot and
changes in the gap between their instructional and grade level
proficiency before participation in the pilot and after their
participation.
``(f) Authorization of Funds.--There are authorized to be
appropriated $5,000,000 to make grants under this section for fiscal
year 2008.''. | Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to: (1) award competitive grants to up to 10 states for pilot programs to determine the effectiveness of assessing disabled students who are achieving significantly below grade-level proficiency at their instructional level; and (2) provide quality instruction to such students.
Requires each grantee to identify a minimum of five local educational agencies (LEAs) to participate in its pilot program and limit student participation to 0.5% of the students assessed in each participating LEA.
Requires such states and LEAs to ensure that each participating student's individualized education program team: (1) administers, after securing parental consent, a scientifically-valid and reliable assessment based on the student's instructional level in reading and/or math; and (2) based on such assessment, develops a series of targeted interventions designed to close identified gaps in the student's instructional and grade-level content knowledge. Prohibits the use of such assessment results in determinations of adequate yearly progress (AYP) toward state academic performance standards. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish an instructional level assessment pilot program."} | 1,281 | 233 | 0.59231 | 1.545862 | 1.009832 | 2.901478 | 6.17734 | 0.862069 |
SECTION 1. 7.
This Act may be cited as the ``Indian Arts and Crafts Amendments
Act of 2008''.
SEC. 2. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of
Indian arts and crafts and to create a board to assist therein, and for
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' includes a Federal
law enforcement officer (as defined in section 115(c) of title 18,
United States Code).
``(b) Authority To Conduct Investigations.--Any Federal law
enforcement officer shall have the authority to conduct an
investigation relating to an alleged violation of this Act occurring
within the jurisdiction of the United States.
``(c) Criminal Proceedings.--
``(1) Investigation.--
``(A) In general.--The Board may refer an alleged
violation of section 1159 of title 18, United States
Code, to any Federal law enforcement officer for
appropriate investigation.
``(B) Referral not required.--A Federal law
enforcement officer may investigate an alleged
violation of section 1159 of that title regardless of
whether the Federal law enforcement officer receives a
referral under subparagraph (A).
``(2) Findings.--The findings of an investigation of an
alleged violation of section 1159 of title 18, United States
Code, by any Federal department or agency under paragraph
(1)(A) shall be submitted, as appropriate, to--
``(A) a Federal or State prosecuting authority; or
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation under paragraph (2), the Board may--
``(A) recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of
title 18, United States Code; and
``(B) provide such support to the Attorney General
relating to the criminal proceedings as the Attorney
General determines to be appropriate.
``(d) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (c), the Board may recommend that the
Attorney General initiate a civil action under section 6.''.
(b) Cause of Action for Misrepresentation.--Section 6 of the Act
entitled ``An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes'' (25
U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an
Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Inclusion.--The term `Indian tribe' includes,
for purposes of this section only, an Indian group that
has been formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking ``subsection (c)'' and inserting ``subsection
(d)'';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(6) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may
be initiated by--
``(A) the Attorney General, at the request of the
Secretary acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts
organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the Indian tribe;
``(ii) a member of that Indian tribe; or
``(iii) an Indian arts and crafts
organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in
subparagraph (B), an amount recovered in a civil action
under this section shall be paid to the Indian tribe,
the Indian, or the Indian arts and crafts organization
on the behalf of which the civil action was initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a
civil action initiated under paragraph (1)(A),
the Attorney General may deduct from the
amount--
``(I) the amount of the cost of the
civil action and reasonable attorney's
fees awarded under subsection (c), to
be deposited in the Treasury and
credited to appropriations available to
the Attorney General on the date on
which the amount is recovered; and
``(II) the amount of the costs of
investigation awarded under subsection
(c), to reimburse the Board for the
activities of the Board relating to the
civil action.
``(ii) Indian tribe.--In the case of a
civil action initiated under paragraph (1)(B),
the Indian tribe may deduct from the amount--
``(I) the amount of the cost of the
civil action; and
``(II) reasonable attorney's
fees.''; and
(7) in subsection (e), by striking ``(e) In the event
that'' and inserting the following:
``(e) Savings Provision.--If''.
SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
Section 1159 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Penalty.--Any person that knowingly violates subsection (a)
shall--
``(1) in the case of a first violation by that person--
``(A) if the applicable goods are offered or
displayed for sale at a total price of $1,000 or more,
or if the applicable goods are sold for a total price
of $1,000 or more--
``(i) in the case of an individual, be
fined not more than $250,000, imprisoned for
not more than 5 years, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than
$1,000,000; and
``(B) if the applicable goods are offered or
displayed for sale at a total price of less than
$1,000, or if the applicable goods are sold for a total
price of less than $1,000--
``(i) in the case of an individual, be
fined not more than $25,000, imprisoned for not
more than 1 year, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than $100,000;
and
``(2) in the case of a subsequent violation by that person,
regardless of the amount for which any good is offered or
displayed for sale or sold--
``(A) in the case of an individual, be fined under
this title, imprisoned for not more than 15 years, or
both; and
``(B) in the case of a person other than an
individual, be fined not more than $5,000,000.''; and
(2) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b); and
``(B) includes, for purposes of this section only,
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority; and''.
Passed the Senate September 23 (legislative day, September
17), 2008.
Attest:
NANCY ERICKSON,
Secretary. | Indian Arts and Crafts Amendments Act of 2008 - Amends the Indian Arts and Crafts Act of 1990 to: (1) authorize any federal law enforcement officer to conduct an investigation of an offense involving the sale of any item that is misrepresented as an Indian produced good or product that occurs on land under the jurisdiction of the federal government; and (2) authorize the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, just to the Federal Bureau of Investigation [FBI]) for appropriate investigation. Permits a federal law enforcement officer to investigate an alleged violation regardless of whether such officer receives a referral from the Board. Requires that the findings of an investigation of such an alleged violation by any federal department or agency be submitted to a federal or state prosecuting authority or the Board.
Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); and (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. Allows the Board, in lieu of or in addition to any such criminal proceeding, to recommend that the Attorney General initiate a civil action. Revises the definitions and requirements relating to civil actions for mispresentation of Indian produced goods and products.
Amends the federal criminal code to base criminal penalties for misrepresentation of Indian produced goods and products upon the value of such goods and products. | {"src": "billsum_train", "title": "A bill to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes."} | 2,143 | 320 | 0.713103 | 2.256419 | 0.890332 | 3.17301 | 6.892734 | 0.889273 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mid-level ethanol blend.--The term ``mid-level ethanol
blend'' means an ethanol-gasoline blend containing greater than
10 and up to and including 20 percent ethanol by volume that is
intended to be used in any conventional gasoline-powered motor
vehicle or nonroad vehicle or engine.
SEC. 2. EVALUATION.
(a) In General.--The Administrator, acting through the Assistant
Administrator of the Office of Research and Development at the
Environmental Protection Agency, shall--
(1) not later than 45 days after the date of enactment of
this Act, enter into an agreement with the National Academy of
Sciences to provide, within 18 months after the date of
enactment of this Act, a comprehensive assessment of the
scientific and technical research on the implications of the
use of mid-level ethanol blends, comparing mid-level ethanol
blends to gasoline blends containing 10 percent or 0 percent
ethanol; and
(2) not later than 30 days after receiving the results of
the assessment under paragraph (1), submit a report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the findings of the assessment, together
with the agreement or disagreement of the Administrator with
each of its findings.
(b) Contents.--The assessment performed under subsection (a)(1)
shall include the following:
(1) An evaluation of the short-term and long-term
environmental, safety, durability, and performance effects of
the introduction of mid-level ethanol blends on onroad,
nonroad, and marine engines, onroad and nonroad vehicles, and
related equipment. Such evaluation shall consider the impacts
of qualifying mid-level ethanol blends or blends with higher
ethanol concentrations as a certification fuel. Such evaluation
shall include a review of all available scientific evidence,
including that relied upon by the Administrator and published
at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76 Fed. Reg.
4662 et seq. (January 26, 2011), and 76 Fed. Reg. 44406 et seq.
(July 25, 2011), and identify gaps in understanding and
research needs related to--
(A) tailpipe emissions;
(B) evaporative emissions;
(C) engine and fuel system durability;
(D) onboard diagnostics;
(E) emissions inventory and other modeling effects;
(F) materials compatibility;
(G) operability and drivability;
(H) fuel efficiency;
(I) fuel economy;
(J) knock resistance;
(K) consumer education and satisfaction;
(L) cost effectiveness for the consumer;
(M) catalyst durability; and
(N) durability of storage tanks, piping, and
dispensers for retail.
(2) An identification of areas of research, development,
and testing necessary to--
(A) ensure that existing motor fuel infrastructure
is not adversely impacted by mid-level ethanol blends,
including an examination of potential impacts of mid-
level ethanol blends on metal, plastic, rubber, or any
other materials used in pipes or storage tanks; and
(B) reduce the risk of misfueling by users at
various points in the distribution and supply chain,
including at bulk storage, retail storage, and
distribution configurations by--
(i) assessing the best methods and
practices to prevent misfueling;
(ii) examining misfueling mitigation
strategies for blender pumps, including
volumetric purchase requirements and labeling
requirements;
(iii) assessing the adequacy of and ability
for misfueling mitigation plans approved by the
Environmental Protection Agency; and
(iv) soliciting and considering
recommendations of the National Institute of
Standards and Technology, the American National
Standards Institute, the International
Organization for Standardization, and the
National Conference on Weights and Measures
regarding fuel pump labeling.
(c) Waivers.--Prior to the submission of the report under
subsection (a)(2), any waiver granted under section 211(f)(4) of the
Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of
this Act that allows the introduction into commerce of mid-level
ethanol blends for use in motor vehicles shall have no force or effect.
The Administrator shall grant no new waivers under such section
211(f)(4) until after the submission of the report described under
subsection (a)(2).
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
In order to carry out this Act, the Administrator shall utilize up
to $900,000 from the funds made available for science and technology,
including research and development activities, at the Environmental
Protection Agency. | This bill requires the Office of Research and Development at the Environmental Protection Agency to enter into an agreement with the National Academy of Sciences to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends, which compares mid-level ethanol blends to gasoline blends containing 10% or 0% ethanol. A mid-level ethanol blend is an ethanol-gasoline blend containing 10%- 20% of ethanol that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine. The assessment must: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify areas of research, development, and testing necessary to ensure that existing motor fuel infrastructure is not adversely impacted by mid-level ethanol blends and to reduce the risk of misfueling by users at various points in the distribution and supply chain. The office must report on the assessment's findings. Any waivers granted under the Clean Air Act to allow the sale of mid-level ethanol blends for use in motor vehicles are nullified. The office is also prohibited from granting new waivers until after the report is submitted. | {"src": "billsum_train", "title": "To provide for a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes."} | 1,046 | 278 | 0.71354 | 2.267527 | 0.825156 | 5.28629 | 3.931452 | 0.915323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuity of Operations
Demonstration Project Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance the ability of Federal agencies to manage
their personnel and to otherwise continue to operate during an
extended emergency situation;
(2) to enhance the ability of Federal employees to carry
out their duties and responsibilities from home or other sites
removed from their usual and customary workplace;
(3) to enhance flexibility in Government operations
generally; and
(4) to determine what technologies, changes in work
processes, or other measures are needed to accomplish the
foregoing, while preserving data security.
SEC. 3. CONTINUITY OF OPERATIONS DEMONSTRATION PROJECT.
(a) In General.--In order to test the preparedness of the Federal
Government to continue to operate in the event of an extended emergency
situation, the Chief Human Capital Officers Council and the Interagency
Continuity of Operations Working Group shall jointly provide for a
demonstration project under which 2 or more agencies shall perform a
representative range of Government services and operations (both
essential and nonessential) under circumstances simulating a situation
in which Federal employees are, as a result of a sudden and unexpected
contingency, required to work--
(1) from locations apart from their usual and customary
workplace, including from home and from agency-designated
facilities; and
(2) for a period of not less than 10 consecutive workdays.
(b) Other Requirements.--In carrying out the demonstration project,
the Council and the Working Group shall ensure--
(1) that appropriate mechanisms exist so that participating
agencies and employees will be able to engage in any necessary
communications, and so that appropriate oversight of employees
can be maintained, at all times;
(2) that participating employees have received appropriate
training relating to what their duties and responsibilities are
during an emergency situation and how those duties and
responsibilities are to be carried out;
(3) that participating employees have available to them or
are able to access any technologies, resources, information, or
other assistance they may require in order to carry out their
duties and responsibilities effectively and efficiently;
(4) that such project is conducted in coordination with the
earliest Governmentwide continuity of operations interagency
exercise following the date of the enactment of this Act which
is conducted by the Department of Homeland Security and as to
which the implementation of this paragraph is practicable;
(5) that, at least 3 months before such project is
implemented, all agencies that are scheduled to participate
have developed plans detailing which operations will be
performed during the simulated emergency, which employees will
perform those operations, and how those operations are to be
performed;
(6) that participation will be limited to those employees
who, irrespective of this Act, would otherwise have been
eligible to telework; and
(7) that such project will be conducted in coordination
with otherwise existing Federal teleworking policies,
requirements, and funding, so that no additional resources are
needed in order to carry out this Act.
SEC. 4. REPORT TO CONGRESS.
Not later than 12 months after the date of the enactment of this
Act, the Council and the Working Group shall submit to the Committee on
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a written
evaluation of the demonstration project, including a description of the
approaches taken and lessons learned by participating agencies, and
recommendations for such legislation or administrative action as the
Council and the Working Group consider appropriate.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``Chief Human Capital Officers Council'' or
``Council'' refers to the Chief Human Capital Officers Council,
as established by section 1303 of the Homeland Security Act of
2002 (5 U.S.C. 1401 note);
(2) the term ``Interagency Continuity of Operations Working
Group'' or ``Working Group'' refers to the Interagency
Continuity of Operations Working Group, established by the
Federal Emergency Management Agency, Department of Homeland
Security, pursuant to Federal Preparedness Circular 65, dated
June 15, 2004;
(3) the term ``Federal agency'' or ``agency'' means an
Executive agency, as defined by section 105 of title 5, United
States Code; and
(4) the term ``Federal employee'' or ``employee'' means an
individual employed in or under an agency. | Continuity of Operations Demonstration Project Act - Directs the Chief Human Capital Officers Council and the Interagency Continuity of Operations Working Group, in order to test the preparedness of the federal government to continue to operate in the event of an extended emergency situation, to jointly provide for a demonstration project under which two or more agencies shall perform a representative range of government services and operations (both essential and nonessential) under circumstances simulating a situation in which federal employees are, as a result of a sudden and unexpected contingency, required to work: (1) from locations apart from their usual and customary workplace, including from home and from agency-designated facilities; and (2) for a continuous period of not less than ten consecutive workdays.
Directs the Council, in carrying out the demonstration project, to ensure that specified requirements are met with respect to: (1) communications; (2) training relating to duties and responsibilities during an emergency situation; (3) access to technologies, information, or other assistance; (4) coordination with the earliest governmentwide continuity of operations interagency exercise; (5) plans detailing which operations will be performed, which employees will perform those operations, and how those operations are to be performed; (6) participation (limited to those employees who would otherwise have been eligible to telework); and (7) coordination with otherwise existing federal telework policies, requirements, and funding. | {"src": "billsum_train", "title": "To provide for a demonstration project to enhance the ability of Federal agencies to continue to operate during an extended emergency situation, and for other purposes."} | 966 | 300 | 0.779856 | 2.6316 | 0.94915 | 5.712177 | 3.409594 | 0.95941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States, as demonstrated by the
countless acts of courage they performed despite the threat of death or
great bodily harm they faced at the hands of the Imperial Japanese
military forces that occupied Guam during World War II.
SEC. 3. GUAM WORLD WAR II CLAIMS FUND.
(a) Establishment of Fund.--The Secretary of the Treasury shall
establish in the Treasury of the United States a special fund (in this
Act referred to as the ``Claims Fund'') for the payment of claims
submitted by compensable Guam victims and survivors of compensable Guam
decedents in accordance with sections 4 and 5.
(b) Composition of Fund.--The Claims Fund established under
subsection (a) shall be composed of amounts deposited into the Claims
Fund under subsection (c) and any other payments made available for the
payment of claims under this Act.
(c) Payment of Certain Duties, Taxes, and Fees Collected From Guam
Deposited Into Fund.--
(1) In general.--Notwithstanding section 30 of the Organic
Act of Guam (48 U.S.C. 1421h), the excess of--
(A) any amount of duties, taxes, and fees collected
under such section after fiscal year 2014, over
(B) the amount of duties, taxes, and fees collected
under such section during fiscal year 2014,
shall be deposited into the Claims Fund.
(2) Application.--Paragraph (1) shall not apply after the
date for which the Secretary of the Treasury determines that
all payments required to be made under section 4 have been
made.
(d) Limitation on Payments Made From Fund.--
(1) In general.--No payment may be made in a fiscal year
under section 4 until funds are deposited into the Claims Fund
in such fiscal year under subsection (c).
(2) Amounts.--For each fiscal year in which funds are
deposited into the Claims Fund under subsection (c), the total
amount of payments made in a fiscal year under section 4 may
not exceed the amount of funds available in the Claims Fund for
such fiscal year.
(e) Deductions From Fund for Administrative Expenses.--The
Secretary of the Treasury shall deduct from any amounts deposited into
the Claims Fund an amount equal to 5 percent of such amounts as
reimbursement to the Federal Government for expenses incurred by the
Foreign Claims Settlement Commission and by the Department of the
Treasury in the administration of this Act. The amounts so deducted
shall be covered into the Treasury as miscellaneous receipts.
SEC. 4. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--After the Secretary of the Treasury receives
the certification from the Chairman of the Foreign Claims Settlement
Commission as required under section 4(b)(8), the Secretary of the
Treasury shall make payments to compensable Guam victims and survivors
of a compensable Guam decedents as follows:
(1) Compensable guam victim.--Before making any payments
under paragraph (2), the Secretary shall make payments to
compensable Guam victims as follows:
(A) In the case of a victim who has suffered an
injury described in subsection (c)(2)(A), $15,000.
(B) In the case of a victim who is not described in
subparagraph (A), but who has suffered an injury
described in subsection (c)(2)(B), $12,000.
(C) In the case of a victim who is not described in
subparagraph (A) or (B), but who has suffered an injury
described in subsection (c)(2)(C), $10,000.
(2) Survivors of compensable guam decedents.--In the case
of a compensable Guam decedent, the Secretary shall pay $25,000
for distribution to survivors of the decedent in accordance
with subsection (b). The Secretary shall make payments under
this paragraph only after all payments are made under paragraph
(1).
(b) Distribution of Survivor Payments.--A payment made under
subsection (a)(2) to the survivors of a compensable Guam decedent shall
be distributed as follows:
(1) In the case of a decedent whose spouse is living as of
the date of the enactment of this Act, but who had no living
children as of such date, the payment shall be made to such
spouse.
(2) In the case of a decedent whose spouse is living as of
the date of the enactment of this Act and who had one or more
living children as of such date, 50 percent of the payment
shall be made to the spouse and 50 percent shall be made to
such children, to be divided among such children to the
greatest extent possible into equal shares.
(3) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act and who had one or
more living children as of such date, the payment shall be made
to such children, to be divided among such children to the
greatest extent possible into equal shares.
(4) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act and who had no living
children as of such date, but who--
(A) had a parent who is living as of such date, the
payment shall be made to the parent; or
(B) had two parents who are living as of such date,
the payment shall be divided equally between the
parents.
(5) In the case of a decedent whose spouse is not living as
of the date of the enactment of this Act, who had no living
children as of such date, and who had no parents who are living
as of such date, no payment shall be made.
(c) Definitions.--For purposes of this Act:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 5 to
have been a resident of Guam who died as a result of the attack
and occupation of Guam by Imperial Japanese military forces
during World War II, or incident to the liberation of Guam by
United States military forces, and whose death would have been
compensable under the Guam Meritorious Claims Act of 1945
(Public Law 79-224) if a timely claim had been filed under the
terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual who is not deceased as of the date
of the enactment of this Act and who is determined under
section 5 to have suffered, as a result of the attack and
occupation of Guam by Imperial Japanese military forces during
World War II, or incident to the liberation of Guam by United
States military forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--Not later than 180 days after the date of the
enactment of this Act, the Foreign Claims Settlement Commission
shall promulgate regulations to specify the injuries that
constitute a severe personal injury or a personal injury for
purposes of subparagraphs (A) and (B), respectively, of
paragraph (2).
SEC. 5. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
shall adjudicate claims and determine the eligibility of
individuals for payments under section 4.
(2) Rules and regulations.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Foreign Claims Settlement Commission shall publish in the
Federal Register such rules and regulations as may be necessary
to enable the Commission to carry out the functions of the
Commission under this Act.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 4 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--
(A) Filing period.--An individual filing a claim
for a payment under section 4 shall file such claim not
later than one year after the date on which the Foreign
Claims Settlement Commission publishes the notice
described in subparagraph (B).
(B) Notice of filing period.--Not later than 180
days after the date of the enactment of this Act, the
Foreign Claims Settlement Commission shall publish a
notice of the deadline for filing a claim described in
subparagraph (A)--
(i) in the Federal Register; and
(ii) in newspaper, radio, and television
media in Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim filed under this Act
shall--
(A) be by majority vote;
(B) be in writing;
(C) state the reasons for the approval or denial of
the claim; and
(D) if approved, state the amount of the payment
awarded and the distribution, if any, to be made of the
payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from a payment made to a compensable
Guam victim or survivors of a compensable Guam decedent under
this section, amounts paid to such victim or survivors under
the Guam Meritorious Claims Act of 1945 (Public Law 79-224)
before the date of the enactment of this Act.
(5) Interest.--No interest shall be paid on payments made
by the Foreign Claims Settlement Commission under section 4.
(6) Limited compensation for provision of representational
services.--
(A) Limit on compensation.--Any agreement under
which an individual who provided representational
services to an individual who filed a claim for a
payment under this Act that provides for compensation
to the individual who provided such services in an
amount that is more than one percent of the total
amount of such payment shall be unlawful and void.
(B) Penalties.--Whoever demands or receives any
compensation in excess of the amount allowed under
subparagraph (A) shall be fined not more than $5,000 or
imprisoned not more than one year, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the Chairman of the Foreign Claims
Settlement Commission shall certify such decision to the
Secretary of the Treasury for authorization of a payment under
section 4.
(9) Treatment of affidavits.--For purposes of section 4 and
subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing the eligibility of such
individual for payment under such section as establishing a
prima facie case of the eligibility of the individual for such
payment without the need for further documentation, except as
the Commission may otherwise require. Such material facts shall
include, with respect to a claim for a payment made under
section 4(a), a detailed description of the injury or other
circumstance supporting the claim involved, including the level
of payment sought.
(10) Release of related claims.--Acceptance of a payment
under section 4 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant to such Act (Public
Law 79-224), or this Act.
SEC. 6. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to subsection (b), the Secretary of the
Interior shall establish a grant program under which the Secretary
shall award grants for research, educational, and media activities for
purposes of appropriately illuminating and interpreting the causes and
circumstances of the occupation of Guam during World War II and other
similar occupations during the war that--
(1) memorialize the events surrounding such occupation; or
(2) honor the loyalty of the people of Guam during such
occupation.
(b) Eligibility.--The Secretary of the Interior may not award a
grant under subsection (a) unless the person seeking the grant submits
an application to the Secretary for such grant, in such time, manner,
and form and containing such information as the Secretary specifies.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--There are
authorized to be appropriated for any fiscal year beginning after the
date of the enactment of this Act, such sums as may be necessary to
enable the Commission and the Treasury Department to pay their
respective administrative expenses incurred in carrying out their
functions under sections 4 and 5. Amounts appropriated under this
section may remain available until expended.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 6, there are authorized to be appropriated $5,000,000 for each
fiscal year beginning after the date of the enactment of this Act. | Guam World War II Loyalty Recognition Act Recognizes the suffering and the loyalty of the residents of Guam during the Japanese occupation of Guam in World War II. Directs the Secretary of the Treasury to establish a Fund for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents. Directs the Secretary to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches, or internment resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (such payments to be made after payments have been made to surviving Guam residents). Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury and adjudicate claims and determine payment eligibility. Requires claims to be filed within one year after the Commission publishes notice of the filing period in the Federal Register and in the Guam media. Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation. | {"src": "billsum_train", "title": "Guam World War II Loyalty Recognition Act"} | 3,270 | 276 | 0.615325 | 1.936481 | 0.788664 | 3.811966 | 12.491453 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Petroleum Security Act of
1993''.
SEC. 2. FEE ON IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 55--IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS
``Sec. 5891. Imposition of tax.
``Sec. 5892. Definitions.
``Sec. 5893. Registration.
``Sec. 5894. Procedures; returns;
penalties.
``SEC. 5891. IMPOSITION OF TAX.
``(a) Imposition of Tax.--In addition to any other tax imposed
under this title, an excise tax is hereby imposed on--
``(1) the first sale within the United States of each
barrel (or its equivalent) of--
``(A) any crude oil, or
``(B) any refined petroleum product,
that has been imported into the United States, and
``(2) the use within the United States of each barrel (or
its equivalent) of--
``(A) any crude oil, or
``(B) any refined petroleum product,
that has been imported into the United States if no tax has
been imposed with respect to such crude oil or refined
petroleum product prior to such use.
``(b) Rate of Tax.--
``(1) Crude oil.--For purposes of paragraphs (1)(A) and
(2)(A) of subsection (a) the rate of tax on any barrel (or its
equivalent) shall be the excess, if any, of--
``(A) $25, over
``(B) the energy policy price per barrel of crude
oil.
``(2) Refined petroleum product.--For purposes of
paragraphs (1)(B) and (2)(B) of subsection (a), the rate of tax
on any barrel (or its equivalent) shall be equal to--
``(A) $3, plus
``(B) the tax determined under paragraph (1) of
this subsection.
``(3) Fractional parts of barrels.--In the case of a
fraction of a barrel, the tax imposed by subsection (a) shall
be the same fraction of the amount of such tax imposed on the
whole barrel.
``(c) Determination of Energy Policy Price.--
``(1) In general.--For purposes of this section, the energy
policy price with respect to any week during which the tax
under subsection (a) is imposed shall be determined by the
Secretary and published in the Federal Register on the first
day of such week.
``(2) Basis of determination.--For purposes of paragraph
(1), the energy policy price for any week is the weighted
average international price of a barrel of crude oil for the
preceding 4 weeks as determined by the Secretary, after
consultation with the Administrator of the Energy Information
Administration of the Department of Energy, pursuant to the
formula for determining such international price as used in
publishing the Weekly Petroleum Status Report and as in effect
on the date of the enactment of this section.
``(d) Liability for Payment of Tax.--
``(1) Sales.--The taxes imposed by subsection (a)(1) shall
be paid by the first person who sells the crude oil or refined
petroleum product within the United States.
``(2) Use.--The taxes imposed by subsection (a)(2) shall be
paid by the person who uses the crude oil or refined petroleum
product.
``(3) Tax-free exports.--
``(A) In general.--Under regulations prescribed by
the Secretary, no tax shall be imposed under this
chapter on the sale of crude oil or refined petroleum
products for export or for resale by the purchaser to a
second purchaser for export.
``(B) Proof of export.--Where any crude oil or
refined petroleum product has been sold free of tax
under subparagraph (A), such subparagraph shall cease
to apply with respect to the sale of such crude oil or
refined petroleum product, unless, within the 6-month
period which begins on the date of the sale, the seller
receives proof that the crude oil or refined petroleum
product, has been exported.
``SEC. 5892. DEFINITIONS.
``For purposes of this chapter--
``(1) Crude oil.--The term `crude oil' means crude oil
other than crude oil produced from a well located in the United
States (within the meaning of section 638(2)) or a possession
of the United States.
``(2) Barrel.--The term `barrel' means 42 United States
gallons.
``(3) Refined petroleum product.--The term `refined
petroleum product' shall have the same meaning given to such
term by section 3(5) of the Emergency Petroleum Allocation Act
of 1973 (15 U.S.C. 752(5)).
``(4) Export.--The term `export' includes shipment to a
possession of the United States; and the term `exported'
includes shipment to a possession of the United States.
``SEC. 5893. REGISTRATION.
``Every person subject to tax under section 5891 shall, before
incurring any liability for tax under such section, register with the
Secretary.
``SEC. 5894. PROCEDURES; RETURNS; PENALTIES.
``For purposes of this title, the tax imposed by section 5891 shall
be treated in the same manner as the tax imposed by section 4986 (as in
effect before its repeal).''
(b) Conforming Amendment.--The table of chapters for subtitle E is
amended by adding at the end thereof the following new item:
``Chapter 55. Imported crude oil or
refined petroleum products.''
(c) Deductibility of Imported Oil Tax.--The first sentence of
section 164(a) (relating to deductions for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) The imported oil taxes imposed by section 5891.''
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to sales
and use of imported crude oil or imported refined petroleum products on
or after the date of enactment. | Domestic Petroleum Security Act of 1993 - Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of any crude oil or refined petroleum product imported into the United States. (The tax is imposed on first use if no prior tax has been imposed.) Exempts crude oil and refined petroleum products purchased for export or resale by the purchaser to a second purchaser for export. | {"src": "billsum_train", "title": "Domestic Petroleum Security Act of 1993"} | 1,462 | 95 | 0.550765 | 1.242868 | 0.686586 | 3.25 | 16.3625 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore U.S. Manufacturing Act of
2007''.
SEC. 2. DOMESTIC MANUFACTURING INCOME EXEMPT FROM TAX.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 200. INCOME ATTRIBUTABLE TO DOMESTIC MANUFACTURING ACTIVITIES.
``(a) Allowance of Deduction.--There shall be allowed as a
deduction an amount equal to 100 percent of the lesser of--
``(1) the qualified manufacturing activities income of the
taxpayer for the taxable year, or
``(2) taxable income (determined without regard to this
section) for the taxable year.
``(b) Qualified Manufacturing Activities Income.--For purposes of
this section--
``(1) In general.--The term `qualified manufacturing
activities income' for any taxable year means an amount equal
to the excess (if any) of--
``(A) the taxpayer's domestic manufacturing gross
receipts for such taxable year, over
``(B) the sum of--
``(i) the cost of goods sold that are
allocable to such receipts, and
``(ii) other expenses, losses, or
deductions (other than the deduction allowed
under this section), which are properly
allocable to such receipts.
``(2) Allocation method.--The Secretary shall prescribe
rules for the proper allocation of items described in paragraph
(1) for purposes of determining qualified manufacturing
activities income. Such rules shall provide for the proper
allocation of items whether or not such items are directly
allocable to domestic manufacturing gross receipts.
``(3) Special rules for determining costs.--Rules similar
to the rules of section 199(c)(3) shall apply for purposes of
this subsection.
``(4) Domestic manufacturing gross receipts.--
``(A) In general.--The term `domestic manufacturing
gross receipts' means the gross receipts of the
taxpayer which are derived from any lease, rental,
license, sale, exchange, or other disposition of
qualifying manufacturing property which was
manufactured or produced by the taxpayer in whole or in
significant part within the United States.
``(B) Exception for inherently domestic
activities.--Such term shall not include gross receipts
of the taxpayer which are derived from inherently
domestic activities, including--
``(i) the raising or harvesting of any
agricultural or horticultural commodity,
``(ii) the cutting of trees,
``(iii) the extraction of ores or minerals,
``(iv) the production of electricity,
natural gas, or potable water, and
``(v) the construction of real property.
``(5) Qualified manufacturing property.--The term
`qualified manufacturing property' means--
``(A) tangible personal property,
``(B) any computer software,
``(C) any qualified film (as defined in section
199(c)(6)), and
``(D) any property described in section 168(f)(4).
``(c) Special Rules.--
``(1) Application to individuals.--In the case of an
individual, subsection (a)(2) shall be applied by substituting
`adjusted gross income' for `taxable income'. For purposes of
the preceding sentence, adjusted gross income shall be
determined--
``(A) after application of sections 86, 135, 137,
199, 219, 221, 222, and 469, and
``(B) without regard to this section.
``(2) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Subparagraphs (C) and (D) of section
199(c)(4) (relating to government contracts and certain
partnerships).
``(B) Section 199(c)(7) (relating to related
persons).
``(C) Section 199(d) (relating to definitions and
special rules) other than paragraph (2).''.
(b) Coordination With Section 199.--
(1) Paragraph (4) of section 199(c) of such Code is amended
by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively, and by inserting
after subparagraph (A) the following new subparagraph:
``(B) Exception for domestic manufacturing gross
receipts.--Such term shall not include domestic
manufacturing gross receipts (as defined in section
200(b)(4)).''.
(2) The heading for subparagraph (C) of section 199(c)(4)
of such Code, as redesignated by paragraph (1), is amended by
striking ``Exceptions'' and inserting ``Other Exceptions''.
(c) Minimum Tax.--Section 56(g)(4)(C) of such Code (relating to
disallowance of items not deductible in computing earnings and profits)
is amended by adding at the end the following new clause:
``(vi) Deduction for domestic
manufacturing.--Clause (i) shall not apply to
any amount allowable as a deduction under
section 200.''.
(d) Technical Amendments.--
(1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), and
219(g)(3)(A)(ii) of such Code are each amended by inserting
``200,'' before ``221''.
(2) Clause (i) of section 221(b)(2)(C) of such Code is
amended by inserting by inserting ``200,'' before ``222''.
(3) Clause (i) of section 222(b)(2)(C) of such Code is
amended by inserting ``199,'' before ``911''.
(4) Paragraph (1) of section 246(b) of such Code is amended
by inserting ``200,'' after ``199,''.
(5) Clause (iii) of section 469(i)(3)(F) of such Code is
amended by inserting ``200,'' before ``219,''.
(6) Subsection (a) of section 613 of such Code is amended
by striking ``the deduction under section 199'' and inserting
``the deductions under section 199 and 200''.
(7) Paragraph (16) of section 1402(a) of such Code is
amended by striking ``the deduction provided by section 199''
and inserting ``the deductions provided by sections 199 and
200''.
(8) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 200. Income attributable to domestic manufacturing
activities.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Restore U.S. Manufacturing Act of 2007 - Amends the Internal Revenue Code to allow a 100% tax deduction for qualified manufacturing activities income. Defines "qualified manufacturing activities income" as the excess of domestic manufacturing gross receipts over the cost of goods sold, and other expenses, losses, or deductions, properly allocable to such receipts. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exempt from tax income from domestic manufacturing activities."} | 1,631 | 78 | 0.63574 | 1.574886 | 1.17805 | 3.112903 | 22.629032 | 0.887097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Let the Bed Bugs Bite Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on February 12, 2008, a thorough inspection of a hotel
in Nashua, New Hampshire, found that 16 of 117 rooms were
infested with bedbugs;
(2) cimex lectularius, commonly known as bed bugs, travel
through the ventilation systems in multi-unit establishments
causing exponential infestations;
(3) female bedbugs can lay up to 5 eggs in a day and 500
during a lifetime;
(4) bedbug populations in the United States have increased
by 500 percent in the past few years;
(5) in 2004, New York City had 377 bedbug violations and
from July to November of 2005, a 5-month span, there were 449
violations reported in the city, an alarming increase in
infestations over a short period of time;
(6) in a study of 700 hotel rooms between 2002 and 2006, 25
percent of hotels were found to be in need of bedbug treatment;
(7) bed bugs possess all of the necessary prerequisites for
being capable of passing diseases from one host to another; and
(8) research on the public health implications of bed bugs
and their potential for spread of infectious disease is not
current.
SEC. 3. BED BUG INSPECTION GRANT PROGRAM.
(a) Administration; Amount.--The Secretary of Commerce, in
cooperation with the Travel and Tourism Advisory Board, may provide
grants to an eligible State to assist such State in carrying out the
inspections described in subsection (c). The grants shall be in amounts
determined by the Secretary, taking into consideration the relative
needs of the State.
(b) Eligibility.--A State is eligible for a grant under this Act if
the State has established a program whereby--
(1) not fewer than 20 percent of rooms in lodging
facilities in such State are inspected annually for cimex
lectularius, commonly known as the bed bug; and
(2) inspections are conducted by individuals who meet the
minimum competency standard or requirement for inspecting or
treating rooms in lodging facilities for bed bugs, as adopted
by the State agency charged with regulating pest management
activities.
(c) Federal Share.--The Federal share of funding for such a program
shall not exceed 80 percent.
(d) Use of Grants.--A State may use a grant received under this Act
to--
(1) conduct inspections of lodging facilities for cimex
lectularius, including transportation, lodging, and meal
expenses for inspectors;
(2) train inspection personnel;
(3) contract with a commercial applicator, as defined in
section 2(e) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(e)), to inspect and treat lodging
facilities for cimex lectularius; and
(4) educate the proprietors and staff of lodging
establishments about methods to prevent and eradicate cimex
lectularius.
(e) Application.--To receive a grant under this Act, an eligible
State shall submit an application to the Secretary of Commerce in such
form and containing such information as the Secretary shall determine.
(f) Definition of Lodging Facility.--For purposes of this Act and
the requirement under subsection (b) for State programs receiving
funding under this Act, the term ``lodging facility'' means any
individual hotel, motel, or inn that makes available for commercial
lodging more than 10 individual rooms.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of fiscal years 2010 through 2013 to
the Secretary of Commerce for the grants authorized under this Act.
SEC. 4. ADDING BED BUG PREVENTION AND MANAGEMENT TO PUBLIC HOUSING
AGENCY PLANS.
Paragraph (5) of section 5A(d) of the United States Housing Act of
1937 (42 U.S.C. 1437c-1(d)(5)) is amended by inserting ``and bed bugs''
after ``cockroaches''.
SEC. 5. BED BUG PREVENTION AND CONTROL UNDER THE PREVENTATIVE HEALTH
AND HEALTH SERVICES BLOCK GRANT PROGRAM.
Section 1904(a)(1)(B) of the Public Health Service Act (42 U.S.C.
300w-3(a)(1)(B)) is amended by inserting ``and bed bugs'' after
``rodents''.
SEC. 6. CENTERS FOR DISEASE CONTROL AND PREVENTION INVESTIGATION AND
REPORT.
The Centers for Disease Control and Prevention shall investigate
the public health implications of bed bugs on lodging and housing. The
investigation shall specifically consider the impacts on mental health
of bed bugs, their potential for spreading infectious disease, and
contributing to other diseases such as asthma. The Centers for Disease
Control and Prevention shall report their findings and recommend any
potential solutions to Congress not later than December 31, 2010.
SEC. 7. REPORT TO CONGRESS.
The Secretary of Commerce shall transmit a report to Congress not
later than 3 years after the issuance of the first grant authorized by
section 3 of this Act, which shall contain an assessment of the
effectiveness of the bed bug inspection grant program. | Don't Let the Bed Bugs Bite Act of 2009 - Authorizes the Secretary of Commerce to provide grants to to assist states in carrying out inspections of lodging facilities for cimex lectularius, commonly known as the bed bug. Allows states to use grants to conduct inspections, train inspection personnel, contract with a commercial applicator to inspect and treat lodging facilities, and educate lodging proprietors and staff about prevention and eradication of bed bugs. Requires the Secretary to report to Congress on the effectiveness of the grant program.
Amends the United States Housing Act of 1937 to include bed bug prevention and management in public housing agency plans.
Amends the Public Health Service Act to include bed bug prevention and control under the block grant program for preventive health services.
Requires the Centers for Disease Control and Prevention (CDC) to investigate the public health implications of bed bugs on lodging and housing and report to Congress. | {"src": "billsum_train", "title": "To establish a grant program to assist States in inspecting hotel rooms for bed bugs, and for other purposes."} | 1,174 | 203 | 0.543983 | 1.478362 | 0.813454 | 4.222222 | 5.97076 | 0.935673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Energy Savings Program Act''.
SEC. 2. RURAL ENERGY SAVINGS PROGRAM.
Title VI of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7901 note et seq.) is amended by adding the following new
section:
``SEC. 6407. RURAL ENERGY SAVINGS PROGRAM.
``(a) Purpose.--The purpose of this section is to create and save
jobs by providing loans to qualified consumers that will use the loan
proceeds to implement energy efficiency measures to achieve significant
reductions in energy costs, energy consumption, or carbon emissions.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) any public power district, public utility
district, or similar entity, or any electric
cooperative described in sections 501(c)(12) or
1381(a)(2)(C) of the Internal Revenue Code of 1986,
that borrowed and repaid, prepaid, or is paying an
electric loan made or guaranteed by the Rural Utilities
Service (or any predecessor agency); or
``(B) any entity primarily owned or controlled by
an entity or entities described in subparagraph (A).
``(2) Energy efficiency measures.--The term `energy
efficiency measures' means, for or at property served by an
eligible entity, structural improvements and investments in
cost-effective, commercial off-the-shelf technologies to reduce
home energy use.
``(3) Qualified consumer.--The term `qualified consumer'
means a consumer served by an eligible entity that has the
ability to repay a loan made under subsection (d), as
determined by an eligible entity.
``(4) Qualified entity.--The term `qualified entity' means
a non-governmental, not-for-profit organization that the
Secretary determines has significant experience, on a national
basis, in providing eligible entities with--
``(A) energy, environmental, energy efficiency, and
information research and technology;
``(B) training, education, and consulting;
``(C) guidance in energy and operational issues and
rural community and economic development;
``(D) advice in legal and regulatory matters
affecting electric service and the environment; and
``(E) other relevant assistance.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Rural Utilities Service.
``(c) Loans and Grants to Eligible Entities.--
``(1) Loans authorized.--Subject to paragraph (2), the
Secretary shall make loans to eligible entities that agree to
use the loan funds to make loans to qualified consumers as
described in subsection (d) for the purpose of implementing
energy efficiency measures.
``(2) List, plan, and measurement and verification
required.--
``(A) In general.--As a condition to receiving a
loan or grant under this subsection, an eligible entity
shall--
``(i) establish a list of energy efficiency
measures that is expected to decrease energy
use or costs of qualified consumers;
``(ii) prepare an implementation plan for
use of the loan funds; and
``(iii) provide for appropriate measurement
and verification to ensure the effectiveness of
the energy efficiency loans made by the
eligible entity and that there is no conflict
of interest in the carrying out of this
section.
``(B) Revision of list of energy efficiency
measures.--An eligible entity may update the list
required under subparagraph (A)(i) to account for newly
available efficiency technologies, subject to the
approval of the Secretary.
``(C) Existing energy efficiency programs.--An
eligible entity that, on or before the date of the
enactment of this section or within 60 days after such
date, has already established an energy efficiency
program for qualified consumers may use an existing
list of energy efficiency measures, implementation
plan, or measurement and verification system of that
program to satisfy the requirements of subparagraph (A)
if the Secretary determines the list, plans, or systems
are consistent with the purposes of this section.
``(3) No interest.--A loan under this subsection shall bear
no interest.
``(4) Repayment.--A loan under this subsection shall be
repaid not more than 10 years from the date on which an advance
on the loan is first made to the eligible entity.
``(5) Loan fund advances.--The Secretary shall provide
eligible entities with a schedule of not more than ten years
for advances of loan funds, except that any advance of loan
funds to an eligible entity in any single year shall not exceed
50 percent of the approved loan amount.
``(6) Jump-start grants.--The Secretary shall make grants
available to eligible entities selected to receive a loan under
this subsection in order to assist an eligible entity to defray
costs, including costs of contractors for equipment and labor,
except that no eligible entity may receive a grant amount that
is greater than four percent of the loan amount.
``(d) Loans to Qualified Consumers.--
``(1) Terms of loans.--Loans made by an eligible entity to
qualified consumers using loan funds provided by the Secretary
under subsection (c)--
``(A) may bear interest, not to exceed three
percent, to be used for purposes that include
establishing a loan loss reserve and to offset
personnel and program costs of eligible entities to
provide the loans;
``(B) shall finance energy efficiency measures for
the purpose of decreasing energy usage or costs of the
qualified consumer by an amount such that a loan term
of not more than ten years will not pose an undue
financial burden on the qualified consumer, as
determined by the eligible entity;
``(C) shall not be used to fund energy efficiency
measures made to personal property unless the personal
property--
``(i) is or becomes attached to real
property as a fixture; or
``(ii) is a manufactured home;
``(D) shall be repaid through charges added to the
electric bill of the qualified consumer; and
``(E) shall require an energy audit by an eligible
entity to determine the impact of proposed energy
efficiency measures on the energy costs and consumption
of the qualified consumer.
``(2) Contractors.--In addition to any other qualified
general contractor, eligible entities may serve as general
contractors.
``(e) Contract for Measurement and Verification, Training, and
Technical Assistance.--
``(1) Contract required.--Not later than 60 days after the
date of enactment of this section, the Secretary shall enter
into one or more contracts with a qualified entity for the
purposes of--
``(A) providing measurement and verification
activities, including--
``(i) developing and completing a
recommended protocol for measurement and
verification for the Rural Utilities Service;
``(ii) establishing a national measurement
and verification committee consisting of
representatives of eligible entities to assist
the contractor in carrying out this section;
``(iii) providing measurement and
verification consulting services to eligible
entities that receive loans under this section;
and
``(iv) providing training in measurement
and verification; and
``(B) developing a program to provide technical
assistance and training to the employees of eligible
entities to carry out this section.
``(2) Use of subcontractors authorized.--A qualified entity
that enters into a contract under paragraph (1) may use
subcontractors to assist the qualified entity in performing the
contract.
``(f) Fast Start Demonstration Projects.--
``(1) Demonstration projects required.--The Secretary shall
enter into agreements with eligible entities (or groups of
eligible entities) that have energy efficiency programs
described in subsection (c)(2)(C) to establish an energy
efficiency loan demonstration projects consistent with the
purposes of this section that--
``(A) implement approaches to energy audits and
investments in energy efficiency measures that yield
measurable and predictable savings;
``(B) use measurement and verification processes to
determine the effectiveness of energy efficiency loans
made by eligible entities;
``(C) include training for employees of eligible
entities, including any contractors of such entities,
to implement or oversee the activities described in
subparagraphs (A) and (B);
``(D) provide for the participation of a majority
of eligible entities in a State;
``(E) reduce the need for generating capacity;
``(F) provide efficiency loans to--
``(i) not fewer than 20,000 consumers, in
the case of a single eligible entity; or
``(ii) not fewer than 80,000 consumers, in
the case of a group of eligible entities; and
``(G) serve areas where a large percentage of
consumers reside--
``(i) in manufactured homes; or
``(ii) in housing units that are more than
50 years old.
``(2) Deadline for implementation.--The agreements required
by paragraph (1) shall be entered into not later than 90 days
after the date of enactment of this section.
``(3) Effect on availability of loans nationally.--Nothing
in this subsection shall delay the availability of loans to
eligible entities on a national basis beginning not later than
180 days after the date of enactment of this section.
``(4) Additional demonstration project authority.--The
Secretary may conduct demonstration projects in addition to the
project required by paragraph (1). The additional demonstration
projects may be carried out without regard to subparagraphs
(D), (F), or (G) of paragraph (1).
``(g) Additional Authority.--The authority provided in this section
is in addition to any authority of the Secretary to offer loans or
grants under any other law.
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary in fiscal year 2010 $993,000,000 to carry out
this section. Notwithstanding paragraph (2), amounts
appropriated pursuant to this authorization of appropriations
shall remain available until expended.
``(2) Amounts for loans, grants, staffing.--Of the amounts
appropriated pursuant to the authorization of appropriations in
paragraph (1), the Secretary shall make available--
``(A) $755,000,000 for the purpose of covering the
cost of direct loans to eligible entities under
subsection (c) to subsidize gross obligations in the
principal amount of not to exceed $4,900,000,000;
``(B) $25,000,000 for measurement and verification
activities under subsection (e)(1)(A);
``(C) $2,000,000 for the contract for training and
technical assistance authorized by subsection
(e)(1)(B);
``(D) $200,000,000 for jump-start grants authorized
by subsection (c)(6); and
``(E) $1,100,000 for each of fiscal years 2010
through 2019 for ten additional employees of the Rural
Utilities Service to carry out this section.
``(i) Effective Period.--Subject to subsection (h)(1) and except as
otherwise provided in this section, the loans, grants, and other
expenditures required to be made under this section are authorized to
be made during each of fiscal years 2010 through 2014.
``(j) Regulations.--
``(1) In general.--Except as otherwise provided in this
subsection, not later than 180 days after the date of enactment
of this section, the Secretary shall promulgate such
regulations as are necessary to implement this section.
``(2) Procedure.--The promulgation of the regulations and
administration of this section shall be made without regard
to--
``(A) chapter 35 of title 44, United States Code
(commonly known as the `Paperwork Reduction Act'); and
``(B) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and
public participation in rulemaking.
``(3) Congressional review of agency rulemaking.--In
carrying out this section, the Secretary shall use the
authority provided under section 808 of title 5, United States
Code.
``(4) Interim regulations.--Notwithstanding paragraphs (1)
and (2), to the extent regulations are necessary to carry out
any provision of this section, the Secretary shall implement
such regulations through the promulgation of an interim
rule.''. | Rural Energy Savings Program Act - Amends the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture (through the Rural Utilities Service) to make interest-free loans to eligible entities for loans to qualified consumers to implement energy efficiency measures. Directs the Secretary to make grants to such entities to defray related costs, including costs for equipment and labor.
Directs the Secretary to contact with a qualified entity to provide: (1) verification and measurement activities for the Rural Utilities Service, including training; and (2) technical assistance and training for employees of eligible entities.
Directs the Secretary to enter into agreements with eligible entities, or groups of eligible entities, that have specified energy efficiency programs for energy efficiency loan demonstration projects. | {"src": "billsum_train", "title": "A bill to amend the miscellaneous rural development provisions of the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of Agriculture to make loans to certain entities that will use the funds to make loans to consumers to implement energy efficiency measures involving structural improvements and investments in cost-effective, commercial off-the-shelf technologies to reduce home energy use."} | 2,710 | 155 | 0.603106 | 1.506059 | 0.69586 | 3.243056 | 17.895833 | 0.9375 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Better Bracket Act
of 1999''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $58,000...............
15% of taxable income.
Over $58,000 but not over
$104,050.
$8,700, plus 28% of the excess
over $58,000
Over $104,050 but not over
$158,550.
$21,594, plus 31% of the excess
over $104,050
Over $158,550 but not over
$283,150.
$38,489, plus 36% of the excess
over $158,550
Over $283,150..................
$83,345, plus 39.6% of the
excess over $283,150
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $47,000...............
15% of taxable income.
Over $47,000 but not over
$89,150.
$7,050, plus 28% of the excess
over $47,000
Over $89,150 but not over
$144,400.
$18,852, plus 31% of the excess
over $89,150
Over $144,400 but not over
$283,150.
$35,979.50, plus 36% of the
excess over $144,400
Over $283,150..................
$85,929.50, plus 39.6% of the
excess over $283,150
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $35,000...............
15% of taxable income.
Over $35,000 but not over
$62,450.
$5,250, plus 28% of the excess
over $35,000.
Over $62,450 but not over
$130,250.
$12,936, plus 31% of the excess
over $62,450.
Over $130,250 but not over
$283,150.
$33,954, plus 36% of the excess
over $130,250.
Over $283,150..................
$88,998, plus 39.6% of the
excess over $283,150.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $29,000...............
15% of taxable income.
Over $29,000 but not over
$52,025.
$4,350, plus 28% of the excess
over $29,000
Over $52,025 but not over
$79,275.
$10,797, plus 31% of the excess
over $52,025
Over $79,275 but not over
$141,575.
$19,244.50, plus 36% of the
excess over $79,275
Over $141,575..................
$41,672.50, plus 39.6% of the
excess over $141,575
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,050
$255, plus 28% of the excess
over $1,700
Over $4,050 but not over $6,200
$913, plus 31% of the excess
over $4,050
Over $6,200 but not over $8,450
$1,579.50, plus 36% of the
excess over $6,200
Over $8,450....................
$2,389.50, plus 39.6% of the
excess over $8,450
(b) Conforming Amendments.--
(1) Subsection (f) of section 1 is amended--
(A) by striking ``1993'' in paragraph (1) and
inserting ``1999'',
(B) by striking ``1992'' in paragraph (3)(B) and
inserting ``1998'', and
(C) by striking paragraph (7).
(2) The following provisions are each amended by striking
``1992'' and inserting ``1998'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``1998''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999. | Better Bracket Act of 1999 - Amends the Internal Revenue Code to revise the tax imposed and increase the amount of income subject to the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts. | {"src": "billsum_train", "title": "Better Bracket Act of 1999"} | 1,750 | 69 | 0.436303 | 1.05292 | 0.524808 | 1.703704 | 26.777778 | 0.814815 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Legacy of Medgar Wiley
Evers Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An integral part of the fight for racial equality,
Medgar Wiley Evers, was born July 2, 1925, in Decatur,
Mississippi, to James and Jessie Evers.
(2) Faithfully serving his country, Medgar Evers willingly
left high school to join the Army at the start of World War II.
(3) After the conclusion of the war, Mr. Evers returned
home to Mississippi, completed high school, enrolled in Alcorn
Agricultural and Mechanical College (presently known as Alcorn
State University) and earned a Bachelor of Arts degree in
Business Administration.
(4) While at Alcorn State University, Medgar Evers met and
married fellow Alcorn student, Myrlie Beasley, of Vicksburg,
Mississippi.
(5) Upon graduation, Myrlie and Medgar Evers moved to Mound
Bayou, Mississippi, where Medgar held a job with Magnolia
Mutual Life Insurance Company, and began establishing local
chapters of the National Association for the Advancement of
Colored People (``NAACP'') throughout the Mississippi Delta.
(6) Having been so moved by the immense suffering of
African-Americans in Mississippi, Medgar Evers felt compelled
to fight to change the circumstances and challenges facing them
and, in 1954, Medgar Evers became the first known African-
American to apply to the University of Mississippi School of
Law. Mr. Evers was denied enrollment.
(7) In 1954, Medgar Evers became the first Field Secretary
for the Mississippi chapter of the NAACP.
(8) In the capacities of his new position, Medgar Evers
hosted numerous voter registration efforts in Mississippi and,
as a result of these activities, received numerous threats
against his life.
(9) Despite these threats, Mr. Evers carried on his work
with dedication and courage, organizing rallies, building
membership within the NAACP, and traveling around the country
educating the public on the fight for Civil Rights.
(10) Medgar and Myrlie Evers' passion for quality education
for all children led them to file suit against the Jackson,
Mississippi, public school system gaining him attention with
the national media as a leader of the Civil Rights Movement in
Mississippi.
(11) As a result of his continued and ongoing efforts--
rallies, sit-ins, and protests--to stand up for the rights of
African-Americans in Mississippi, Mr. Evers was arrested,
beaten, and jailed with his due process rights denied.
(12) The senseless and abhorrent violence against Mr. Evers
reached its pinnacle on June 12, 1963, when he was violently
shot in front of his home and died shortly afterwards in a
local hospital, mere hours after President John F. Kennedy had
made a national televised speech from the Oval Office calling
for full racial integration in America. The Civil Rights Act
was enacted the following year.
(13) As a veteran, Evers was buried with full military
honors at Arlington National Cemetery.
(14) On June 23, 1963, Byron De La Beckwith, a member of
the White Citizens' Council, was arrested for Evers' murder,
but juries in 1964, composed solely of White men, twice
deadlocked on De La Beckwith's guilt, resulting in mistrials.
(15) Following two trials resulting in acquittal, in 1990,
Mrs. Evers convinced Mississippi prosecutors to reopen Medgar
Evers' murder case, and a new trial led to the conviction and
life imprisonment of Medgar Evers' killer in 1994.
(16) It is befitting that Congress bestow the highest
civilian honor, the Congressional Gold Medal, to Myrlie in
recognition of the great contributions and ultimate sacrifice
she and her husband, the assassinated civil rights leader
Medgar Wiley Evers, made in the fight for racial equality,
which tragically led to his assassination, but also was a major
catalyst in passage and enactment of the Civil Rights Act in
1964.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Myrlie Evers-
Williams, in recognition of the great contributions and ultimate
sacrifice she and her husband, the assassinated civil rights leader
Medgar Wiley Evers, made in the fight for racial equality in the United
States.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Award of Medal.--Following the award of the gold medal under
subsection (a), the medal shall be given to the Mississippi Civil
Rights Museum, where it shall be available for display or temporary
loan to be displayed elsewhere, as appropriate.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDAL.
(a) National Medal.--The gold medal struck pursuant to this Act is
a national medal for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Item.--For purposes of section 5134 of title 31,
United States Code, the gold medal struck under this Act shall be
considered to be a numismatic item. | Civil Rights Legacy of Medgar Wiley Evers Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Myrlie Evers-Williams in recognition of the contributions and sacrifice that she and her husband, assassinated civil rights leader Medgar Wiley Evers, made in the fight for racial equality in the United States. Following its award, the medal shall be given to the Mississippi Civil Rights Museum, where it is to be available for display or for temporary loan to be displayed elsewhere. | {"src": "billsum_train", "title": "Civil Rights Legacy of Medgar Wiley Evers Congressional Gold Medal Act"} | 1,329 | 138 | 0.425404 | 1.460279 | 0.563325 | 5.809091 | 10.790909 | 0.972727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Quality Incentive Act of
2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Recent research on early brain development reveals that
much of a child's growth is determined by early learning and
nurturing care. Research also shows that quality early care and
education leads to increased cognitive abilities, positive
classroom learning behavior, increased likelihood of long-term
school success, and greater likelihood of long-term economic
and social self-sufficiency.
(2) Each day an estimated 13,000,000 children, including
6,000,000 infants and toddlers, spend some part of their day in
child care. However, a study in 4 States found that only 1 in 7
child care centers provide care that promotes healthy
development, while 1 in 8 child care centers provide care that
threatens the safety and health of children.
(3) Full-day child care can cost $4,000 to $10,000 per
year.
(4) Although Federal assistance is available for child
care, funding is severely limited. Even with Federal subsidies,
many families cannot afford child care. For families with young
children and a monthly income under $1,200, the cost of child
care typically consumes 25 percent of their income.
(5) Payment (or reimbursement) rates, which determine the
maximum the State will reimburse a child care provider for the
care of a child who receives a subsidy, are too low to ensure
that quality care is accessible to all families.
(6) Low payment rates directly affect the kind of care
children get and whether families can find quality child care
in their communities. In many instances, low payment rates
force child care providers to cut corners in ways that lower
the quality of care for children, including reducing number of
staff, eliminating staff training opportunities, and cutting
enriching educational activities and services.
(7) Children in low quality child care are more likely to
have delayed reading and language skills, and display more
aggression toward other children and adults.
(8) Increased payment rates lead to higher quality child
care as child care providers are able to attract and retain
qualified staff, provide salary increases and professional
training, maintain a safe and healthy environment, and purchase
basic supplies and developmentally appropriate educational
materials.
(b) Purpose.--The purpose of this Act is to improve the quality of,
and access to, child care by increasing child care payment rates.
SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
(a) Funding.--Section 658B of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There'' and inserting the following:
``(a) Authorization of Appropriations.--There'';
(2) in subsection (a), by inserting ``(other than section
658H)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Appropriation of Funds for Grants To Improve the Quality of
Child Care.--Out of any funds in the Treasury that are not otherwise
appropriated, there are authorized to be appropriated and there are
appropriated, $500,000,000 for fiscal year 2002, and such sums as may
be necessary for each subsequent fiscal year, for the purpose of making
grants under section 658H.''.
(b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is
amended--
(1) in subparagraph (B), by striking ``under this
subchapter'' and inserting ``from funds appropriated under
section 658B(a)''; and
(2) in subparagraph (D), by inserting ``(other than section
658H)'' after ``under this subchapter''.
(c) Establishment of Program.--Section 658G(a) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858e(a)) is amended
by inserting ``(other than section 658H)'' after ``this subchapter''.
(d) Grants To Improve the Quality of Child Care.--The Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:
``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) Authority.--
``(1) In general.--The Secretary shall use the amount
appropriated under section 658B(b) for a fiscal year to make
grants to eligible States in accordance with this section.
``(2) Annual payments.--The Secretary shall make an annual
payment for such a grant to each eligible State out of the
allotment for that State determined under subsection (c).
``(b) Eligible States.--
``(1) In general.--In this section, the term `eligible
State' means a State that--
``(A) has conducted a survey of the market rates
for child care services in the State within the 2 years
preceding the date of the submission of an application
under paragraph (2); and
``(B) submits an application in accordance with
paragraph (2).
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, in
addition to the information required under subparagraph
(B), as the Secretary may require.
``(B) Information required.--Each application
submitted for a grant under this section shall--
``(i) detail the methodology and results of
the State market rates survey conducted
pursuant to paragraph (1)(A);
``(ii) describe the State's plan to
increase payment rates from the initial
baseline determined under clause (i); and
``(iii) describe how the State will
increase payment rates in accordance with the
market survey results.
``(3) Continuing eligibility requirement.--The Secretary
may make an annual payment under this section to an eligible
State only if--
``(A) the Secretary determines that the State has
made progress, through the activities assisted under
this subchapter, in maintaining increased payment
rates; and
``(B) at least once every 2 years, the State
conducts an update of the survey described in paragraph
(1)(A).
``(4) Requirement of matching funds.--
``(A) In general.--To be eligible to receive a
grant under this section, the State shall agree to make
available State contributions from State sources toward
the costs of the activities to be carried out by a
State pursuant to subsection (d) in an amount that is
not less than 25 percent of such costs.
``(B) Determination of state contributions.--State
contributions shall be in cash. Amounts provided by the
Federal Government may not be included in determining
the amount of such State contributions.
``(c) Allotments to Eligible States.--The amount appropriated under
section 658B(b) for a fiscal year shall be allotted among the eligible
States in the same manner as amounts are allotted under section
658O(b).
``(d) Use of Funds.--
``(1) Priority use.--An eligible State that receives a
grant under this section shall use the funds received to
significantly increase the payment rate for the provision of
child care assistance in accordance with this subchapter up to
the 100th percentile of the market rate survey described in
subsection (b)(1)(A).
``(2) Additional uses.--An eligible State that demonstrates
to the Secretary that the State has achieved a payment rate of
the 100th percentile of the market rate survey described in
subsection (b)(1)(A) may use funds received under a grant made
under this section for any other activity that the State
demonstrates to the Secretary will enhance the quality of child
care services provided in the State.
``(3) Supplement not supplant.--Amounts paid to a State
under this section shall be used to supplement and not supplant
other Federal, State, or local funds provided to the State
under this subchapter or any other provision of law.
``(e) Evaluations and Reports.--
``(1) State evaluations.--Each eligible State shall submit
to the Secretary, at such time and in such form and manner as
the Secretary may require, information regarding the State's
efforts to increase payment rates and the impact increased
rates are having on the quality of, and accessibility to, child
care in the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications submitted under subsection (b)(2) as a baseline
for determining the progress of each eligible State in
maintaining increased payment rates.
``(f) Payment Rate.--In this section, the term `payment rate' means
the rate of reimbursement to providers for subsidized child care.''.
(e) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting
``from funds appropriated under section 658B(a)'' after ``section
658O''.
(f) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``this
subchapter'' and inserting ``section 658B(a)''; and
(B) in paragraph (2), by striking ``section 658B''
and inserting ``section 658B(a)'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``each subsection of'' before
``section 658B''; and
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the allotment
under subsection (b)'' and inserting ``an allotment
made under subsection (b)''; and
(B) in paragraph (3), by inserting
``corresponding'' before ``allotment''. | Child Care Quality Incentive Act of 2001 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to States to improve the quality of, and access to, child care by increasing child care payment rates. Sets the maximum Federal share of activity costs at 75 percent.Authorizes the Secretary of Health and Human Services to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates; and (2) the State updates an initial child care services market rate survey at least once every two years.Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care. | {"src": "billsum_train", "title": "To amend the Child Care and Development Block Grant Act of 1990 to provide incentive grants to improve the quality of child care."} | 2,388 | 185 | 0.548336 | 1.607087 | 0.836415 | 4.407186 | 12.640719 | 0.922156 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Lost Creek Land Exchange Act of
1995''.
SEC. 2. LAND EXCHANGE.
(a) General.--Notwithstanding any other provision of law, the
Secretary of Agriculture (hereinafter referred to in this title as the
``Secretary'') is authorized and directed to acquire by exchange
certain lands and interests in lands owned by the Brand S Corporation,
its successors and assigns, (hereinafter referred to in this title as
the ``Corporation''), located in the Lost Creek area of the Deerlodge
National Forest and within the Gallatin National Forest.
(b) Offer and Acceptance of Land.--
(1) Non-federal land.--If the Corporation offers to convey
to the United States fee title that is acceptable to the United
States to approximately 18,300 acres of land owned by the
Corporation and available for exchange, as depicted on the maps
entitled ``Brand S/Forest Service Land Exchange Proposal'',
numbered 1 through 3, dated March 1994, and described in the
``Land Exchange Specifications'' document pursuant to paragraph
(b)(3), the Secretary shall accept a warranty deed to such
lands.
(2) Federal land.--Upon acceptance by the Secretary of
title to the Corporation's lands pursuant to paragraph (b)(1)
and upon the effective date of the document referred to in
paragraph (b)(3), and subject to valid existing rights, the
Secretary of the Interior shall convey, by patent, the fee
title to approximately 10,800 acres on the Deerlodge and
Gallatin National Forests, and by timber deed, the right to
harvest approximately 3.5 million board feet of timber on
certain Deerlodge National Forest lands, as depicted on the
maps referenced in paragraph (b)(1) and further defined by the
document referenced in paragraph (b)(3): Provided, That, except
for the east \1/2\ of sec. 10, T3S, R8E, the Secretary shall
not convey to the Corporation the lands on the Gallatin
National Forest identified as the ``Wineglass Tract'' on the
map entitled ``Wineglass Tract'', dated September 1994, unless
the Secretary finds that measures are in place to protect the
scenic, wildlife, and open space values of the Wineglass Tract.
Such finding shall be contained in the document referenced in
paragraph (b)(3).
(3) Agreement.--A document entitled ``Brand S/Forest
Service Land Exchange Specifications'', shall be jointly
developed and agreed to by the Corporation and the Secretary.
Such document shall define the non-Federal and Federal lands to
be exchanged, and shall include legal descriptions of such
lands and interests therein, along with any other agreements.
Such document shall be transmitted, upon completion, to 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 and shall not take effect until
sixty days after transmittal to both Committees.
(4) Conflict.--In case of conflict between the maps
referenced in paragraph (b)(1) and the document referenced in
paragraph (b)(3), the maps shall govern.
(c) Title.--
(1) Review of title.--Within sixty days of receipt of title
documents from the Corporation, the Secretary shall review the
title for the non-Federal lands described in paragraph (b) and
determine whether--
(A) applicable title standards for Federal land
acquisition have been satisfied or the quality of title
is otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents
have been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary; and
(D) the Corporation has complied with the
conditions imposed by this title.
(2) Conveyance of title.--In the event the title does not
meet Federal standards or is otherwise unacceptable to the
Secretary, the Secretary shall advise the Corporation regarding
corrective actions necessary to make an affirmative
determination. The Secretary, acting through the Secretary of
the Interior, shall effect the conveyance of lands described in
paragraph (b)(2) not later than ninety days after the Secretary
has made an affirmative determination.
(d) Resolution of Public Access.--The Secretary is directed, in
accordance with existing law, to improve legal public access to
Gallatin National Forest System lands between West Pine Creek and Big
Creek.
SEC. 3. GENERAL PROVISIONS.
(a) Maps and Documents.--The maps referred to in section 202(b)(1)
shall be subject to such minor corrections as may be agreed upon by the
Secretary and the Corporation. The maps and documents described in
section 202(b) (1) and (3) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(b) National Forest System Lands.--
(1) In general.--All lands conveyed to the United States
under this title shall be added to and administered as part of
the Deerlodge or Gallatin National Forests, as appropriate, and
shall be administered by the Secretary in accordance with the
laws and regulations pertaining to the National Forest System.
(2) Wilderness study area acquisitions.--Until Congress
determines otherwise, lands acquired within the Hyalite-
Porcupine-Buffalo Horn Wilderness Study Area pursuant to this
title shall be managed by the Secretary of Agriculture and the
Secretary of the Interior, as appropriate, so as to maintain
the presently existing wilderness character and potential for
inclusion in the National Wilderness Preservation System.
(c) Valuation.--The values of the lands and interests in lands to
be exchanged under this title and described in section 202(b) are
deemed to be of approximately equal value.
(d) Liability for Hazardous Substances.--
(1) The Secretary shall not acquire any lands under this
title if the Secretary determines that such lands, or any
portion thereof, have become contaminated with hazardous
substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect
to any hazardous wastes or other substances placed on any of
the lands covered by this title after their transfer to the
ownership of another party, but nothing in this title shall be
construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party.
Passed the Senate May 3 (legislative day, May 1), 1995.
Attest:
SHEILA P. BURKE,
Secretary. | Lost Creek Land Exchange Act of 1995 - Directs the Secretary of Agriculture to acquire certain lands owned by the Brand S Corporation and located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest (to be added to and administered as part of such National Forests) in exchange for certain lands within such National Forests and specified timber rights on Deerlodge National Forest lands. Exempts the Wineglass Tract from such exchange unless measures are in place to protect the scenic, wildlife, and open space values of the Tract. Directs the Secretary to improve legal public road access to Gallatin National Forest System lands between West Pine Creek and Big Creek.
Prohibits the Secretary from acquiring lands under this Act if it is determined that such lands have become contaminated with hazardous substances. Releases the United States from any responsibility or liability with respect to hazardous wastes or other substances placed on any of the lands covered by this Act after their transfer to the ownership of another party. Provides that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of such lands on the date of such transfer. | {"src": "billsum_train", "title": "Lost Creek Land Exchange Act of 1995"} | 1,498 | 266 | 0.565317 | 1.879271 | 0.835361 | 4.760181 | 6.036199 | 0.932127 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Service
Partnership Enhancement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authority for Forest Service agreements with cooperators.
Sec. 5. Cost sharing under agreements.
Sec. 6. Treatment of funds received under agreements.
Sec. 7. Repeal of superseded authorities.
Sec. 8. Regulations.
Sec. 9. Relation to agreements otherwise authorized by law.
Sec. 10. Extension of National Forest Foundation.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Forest Service, managing national forests and
grasslands covering 192,000,000 acres, plays an integral role
in the protection, enhancement, and conservation of the natural
resources of the United States.
(2) The Forest Service has a long history of successful
cooperation with non-Federal entities in fulfilling all mission
areas and responsibilities of the Forest Service.
(3) Such cooperation is becoming increasingly more
important in the research and development mission area of the
Forest Service as the number of staff research scientists has
declined from 985 scientists in 1985 to only 486 scientists in
2005. To accomplish its research mission to meet current
forestry challenges and ensure that forest managers have the
latest science and technology to manage the National Forest
System sustainably over the long-term, it is critical that the
Forest Service cooperate with other research organizations,
including forestry schools, land-grant colleges and
universities, and 1890 institutions.
(4) By expanding and clarifying Forest Service authorities
to work with cooperators, the Forest Service can improve the
ability of the Forest Service to administer National Forest
System lands by increasing local community involvement in
collaborative restoration and building the capacity of rural
public land communities in fulfilling the Forest Service's
mission.
(5) The Forest Service can benefit from maximizing use of
existing authorities and establishing new authority to improve
local community involvement in, and support of, fulfilling the
Forest Service's mission.
(6) Encouraging conservation education will increase public
awareness of Forest Service programs and activities, will
heighten public understanding of the need to sustain natural
and cultural resources, and will promote public participation
in the conservation of these resources.
(7) Encouraging partnerships with public land communities
will expedite the implementation of priority restoration
projects on National Forest System lands.
(b) Purposes.--The purposes of this Act are--
(1) to encourage agreements between the Forest Service and
cooperators to promote public awareness and participation in
the restoration and management of the resources and programs of
the Forest Service;
(2) to affirm Congress' support for agreements between the
Forest Service and cooperators that further the Forest
Service's mission by assisting the Forest Service in the
administration of all Forest Service programs;
(3) to clarify and create additional authority for the
Forest Service to work with cooperators; and
(4) to leverage Forest Service resources with the resources
of cooperators.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperator.--The term ``cooperator'' means any Federal
agency, State or local government, tribal government, public or
private agency, nonprofit organization, institution (including
educational institution), small and local business,
corporation, or other legal entity within the United States, or
individual.
(2) National forest system lands.--The term ``National
Forest System lands'' means lands included in the National
Forest System (as defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
SEC. 4. AUTHORITY FOR FOREST SERVICE AGREEMENTS WITH COOPERATORS.
(a) Agreement Authority.--Using amounts appropriated or otherwise
made available for the Forest Service, the Secretary of Agriculture,
acting through the Chief of the Forest Service, may enter into
agreements, including cost-share agreements, with cooperators for the
mutual benefit of the parties to the agreement for the following types
of activities:
(1) Developing, producing, publishing, distributing, or
selling education and interpretive materials and products.
(2) Developing, conducting, or selling educational and
interpretive programs and services.
(3) Constructing, maintaining, or improving facilities (not
under the jurisdiction, custody, or control of the
Administrator of General Services) on or in the vicinity of
National Forest System lands for the sale or distribution of
educational and interpretive materials, products, programs, and
services.
(4) Operating facilities, including providing the services
of Forest Service employees to staff facilities, in or on any
public or private building, facility, or land (not under the
jurisdiction, custody, or control of the Administrator of
General Services) for the sale or distribution of educational
materials, products, programs, and services pertaining to
National Forest System lands, private lands, and lands
administered by other public entities.
(5) Selling health and safety convenience products,
photography supplies, or other similar items, as determined by
the Secretary, on or in the vicinity of National Forest System
lands.
(6) Collecting funds from the sale of materials, products,
programs, and services on behalf of cooperators.
(7) Activities to restore and maintain the ecological
integrity and biodiversity of National Forest System lands.
(8) Watershed restoration and enhancement activities on
National Forest System lands, or on other lands that benefit
resources on National Forest System land within the same
watershed, for--
(A) protecting, restoring, and enhancing resources,
including fish and wildlife habitat; or
(B) reducing risk from natural disaster where
public safety is threatened.
(9) Such other cooperative activities as the Secretary
considers to be appropriate.
(b) Terms and Conditions.--The Secretary shall require such terms
and conditions in an agreement entered into under this section as the
Secretary considers to be necessary to protect the investments to be
made by the United States under the agreement, including terms related
to the ownership of any facilities or improvements constructed or
improved under such an agreement, and such additional terms and
conditions as are mutually agreed to by the Secretary and the
cooperator.
(c) Relation to Other Contract, Grant, and Agreement
Requirements.--The Secretary may enter into an agreement under this
section notwithstanding chapter 63 of title 31, United States Code.
SEC. 5. COST SHARING UNDER AGREEMENTS.
(a) Sharing of Costs.--The manner in which costs shall be shared
between the Secretary and a cooperator under an agreement entered into
under section 4, including the acceptance of in-kind contributions,
shall be provided for in terms and conditions imposed under subsection
(b) of such section in connection with the agreement. The Secretary
shall issue guidance for cost sharing with cooperators.
(b) Treatment of Contributions of Volunteers.--The value of
services performed by persons who volunteer their services to the
Forest Service and who are recruited, trained, and supported by a
cooperator under an agreement under section 4 may be considered an in-
kind contribution of the cooperator for purposes of cost sharing under
subsection (a).
SEC. 6. TREATMENT OF FUNDS RECEIVED UNDER AGREEMENTS.
(a) Deposit of Funds.--Except as provided in subsection (b), all
monies received from a cooperator as contributions toward cooperative
activities under an agreement entered into under section 4 shall be--
(1) deposited in the Forest Service Cooperative Work Trust
Fund established pursuant to the penultimate paragraph under
the heading ``forest service'' in the Act of June 30, 1914 (16
U.S.C. 498), or the successor of that fund; and
(2) available to the Secretary, without further
appropriation and until expended, to carry out the agreement.
(b) Funds Collected on Behalf of Cooperator.--Funds collected under
an agreement entered into under section 4 from the sale of materials,
products, programs, and services on behalf of a cooperator, as
authorized by subsection (a)(6) of such section, are not the property
of the United States, and the Secretary shall forward such funds to the
cooperator.
(c) Advancement or Reimbursement of Funds.--In an agreement entered
into under section 4, the Secretary may advance or reimburse funds to a
cooperator from any Forest Service appropriation available for similar
work without regard to subsections (a) and (b) of section 3324 of title
31, United States Code, and may furnish or share supplies, facilities,
or equipment. The Secretary may advance funds under this subsection
only when the advancement represents the Secretary's share of costs of
activities or services under the agreement and the cooperator is not
obligated to reimburse the Secretary.
SEC. 7. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Educational Materials and Challenge Cost-Share Program.--The
thirteenth paragraph under the heading ``administrative provisions,
forest service'' in title II of the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105
Stat. 1018; 31 U.S.C. 6305 note), is repealed.
(b) Watershed Restoration and Enhancement Agreements.--Section 323
of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (as contained in section 101(e) of division A of Public Law
105-277; 112 Stat. 2681-290; 16 U.S.C. 1011 note), is repealed.
SEC. 8. REGULATIONS.
The Secretary shall issue such regulations as may be necessary to
accomplish the purposes of this Act.
SEC. 9. RELATION TO AGREEMENTS OTHERWISE AUTHORIZED BY LAW.
Except in the case of the provisions of law repealed by section 7,
the authority of the Secretary to enter into agreements with
cooperators under section 4 is in addition to the authorities provided
the Secretary in any other provision of law, and nothing in this Act
shall be construed as limiting or modifying the authority of the
Secretary to enter into agreements otherwise authorized by law.
SEC. 10. EXTENSION OF NATIONAL FOREST FOUNDATION.
(a) Board of Directors of Foundation.--Section 403(a) of the
National Forest Foundation Act (16 U.S.C. 583j-1(a)) is amended--
(1) in the first sentence, by striking ``fifteen
Directors'' and inserting ``30 Directors''; and
(2) by striking the second sentence.
(b) Corporate Powers and Obligations.--Section 404(b) of the
National Forest Foundation Act (16 U.S.C. 583j-2(b)) is amended by
striking ``this paragraph'' and inserting ``this section''.
(c) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking ``1992''
and inserting ``2006''.
(d) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended--
(1) by striking ``1992'' and inserting ``2006'';
(2) by striking ``$1,000,000 annually''; and
(3) by inserting ``such sums as are necessary'' before ``to
match''. | Forest Service Partnership Enhancement Act of 2006 - Authorizes the Secretary of Agriculture, in connection with the administration of Forest Service activities on and near National Forest System (NFS) lands, to enter into agreements with cooperators for the mutual benefit of parties to the agreement for specified activities, including for: (1) developing, conducting, producing, or selling education and interpretive materials, products, programs, and services; (2) constructing, maintaining, and operating facilities; (3) selling health and safety convenience products and photography supplies; (4) collecting funds from the sale of materials, products, programs, and services; (5) activities to restore and maintain ecological integrity and biodiversity of NFS lands; (6) watershed restoration and enhancement activities on NFS lands, or on other lands that benefit resources on NFS land within the same watershed for protecting, restoring, and enhancing resources or reducing risk from natural disaster where public safety is threatened; and (7) such other cooperative activities as the Secretary considers to be appropriate.
Amends the National Forest Foundation Act to: (1) double the number of members who shall serve on the Board of Directors of the National Forest Foundation; (2) extend to October 1, 2006, the provision of matching funds for administrative and project expenses incurred by the Foundation; and (3) extend for the five-year period beginning on October 1, 2006, the authorization of appropriations for the Foundation to match private contributions made to it. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Agriculture to enter into partnership agreements with entities and local communities to encourage greater cooperation in the administration of Forest Service activities on the near National Forest System land, and for other purposes."} | 2,591 | 296 | 0.573728 | 1.933687 | 0.780941 | 3.465278 | 8.239583 | 0.923611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8(a) Improvements Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite the significant progress businesses owned by
socially and economically disadvantaged individuals have made
as a result of the business development program under section
8(a) of the Small Business Act (15 U.S.C. 637(a)), such
businesses remain subject to discrimination that creates
substantial barriers to success in the marketplace. The
business development program under section 8(a) of the Small
Business Act reflects the commitment of the Nation to
eradicating discriminatory barriers to the formation and
development of viable businesses by socially and economically
disadvantaged individuals.
(2) Recent evidence presented in Congressional hearings,
roundtables, and academic studies demonstrates, among other
things, the following:
(A) Significant disparities still exist between the
number, size, and income of businesses owned by
socially and economically disadvantaged individuals and
other businesses. These disparities remain even after
controlling for factors such as industry, geography,
education, age, and labor market status.
(B) Discrimination still limits the ability of
socially and economically disadvantaged individuals to
access capital. Socially and economically disadvantaged
individuals are more often denied loans than
individuals who are not minorities, and often pay
higher rates of interest on small business loans.
(C) Socially and economically disadvantaged
individuals who own businesses often experience--
(i) discrimination from prime contractors
and exclusion from critical business networks;
and
(ii) discrimination by bonding companies
and suppliers that impedes the ability of the
businesses to compete equally for Government
contracts.
SEC. 3. DEFINITIONS.
In this Act, the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator thereof,
respectively.
SEC. 4. PROGRAMS FOR SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) Net Worth Threshold.--
(1) In general.--Section 8(a)(6)(A) of the Small Business
Act (15 U.S.C. 637(a)(6)(A)) is amended--
(A) by inserting ``(i)'' after ``(6)(A)'';
(B) by striking ``In determining the degree of
diminished credit'' and inserting the following:
``(ii)(I) In determining the degree of diminished credit'';
(C) by striking ``In determining the economic
disadvantage'' and inserting the following:
``(iii) In determining the economic disadvantage''; and
(D) by inserting after clause (ii)(I), as so
designated by this section, the following:
``(II)(aa) Not later than 1 year after the date of enactment of the
Section 8(a) Improvements Act of 2010, the Administrator shall--
``(AA) assign each North American Industry Classification
System industry code to a category described in item (cc); and
``(BB) for each category described in item (cc), establish
a maximum net worth for the socially disadvantaged individuals
who own or control small business concerns in the category that
participate in the program under this subsection.
``(bb) The maximum net worth for a category described in item (cc)
shall be not less than the modified net worth limitations established
by the Administrator under section 4(a)(2) of the Section 8(a)
Improvements Act of 2010.
``(cc) The categories described in this item are--
``(AA) manufacturing;
``(BB) construction;
``(CC) professional services; and
``(DD) general services.
``(III) The Administrator shall establish procedures that--
``(aa) account for inflationary adjustments to, and include
a reasonable assumption of, the average income and net worth of
the owners of business concerns that are dominant in the field
of operation of the business concern; and
``(bb) require an annual inflationary adjustment to the
average income and maximum net worth requirements under this
clause.
``(IV) In determining the assets and net worth of a socially
disadvantaged individual under this subparagraph, the Administrator
shall not consider any assets of the individual that are held in a
qualified retirement plan, as that term is defined in section 4974(c)
of the Internal Revenue Code of 1986.''.
(2) Temporary inflationary adjustment.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the Administrator shall
modify the net worth limitations established by the
Administrator for purposes of the program under section
8(a) of the Small Business Act (15 U.S.C. 637(a)) by
adjusting the amount of the net worth limitations for
inflation during the period beginning on the date on
which the Administrator established the net worth
limitations and the date of enactment of this Act.
(B) Termination.--The Administrator shall apply the
net worth limitations established under subparagraph
(A) until the effective date of the net worth
limitations established by the Administrator under
clause (ii)(II) of section 8(a)(6)(A) of the Small
Business Act (15 U.S.C. 637(a)(6)(A)), as added by this
subsection.
(b) Transition Period.--Section 7(j)(15) of the Small Business Act
(15 U.S.C. 636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``Subject to'' and inserting ``(A) Except
as provided in subparagraph (B), and subject to''; and
(3) by adding at the end the following:
``(B)(i) A small business concern may receive developmental
assistance under the Program and contracts under section 8(a) during
the 3-year period beginning on the date on which the small business
concern graduates--
``(I) because the small business concern has participated
in the Program for the total period authorized under
subparagraph (A); or
``(II) under section 8(a)(6)(C)(ii), because the socially
disadvantaged individuals who own or control the small business
concern have a net worth that is more than the maximum net
worth established by the Administrator.
``(ii) After the end of the 3-year period described in clause (i),
a small business concern described in clause (i)--
``(I) may not receive developmental assistance under the
Program or contracts under section 8(a); and
``(II) may continue to perform and receive payment under a
contract received by the small business concern under section
8(a) before the end of the period, under the terms of the
contract.''.
(c) GAO Study.--Section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is amended by adding at the end the following:
``(22) Review of Effectiveness.--
``(A) GAO study.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter, the
Comptroller General of the United States shall--
``(i) conduct an evaluation of the effectiveness of
the program under this subsection, including an
examination of--
``(I) the number and size of contracts
applied for, as compared to the number received
by, small business concerns after successfully
completing the program;
``(II) the percentage of small business
concerns that continue to operate during the 3-
year period beginning on the date on which the
small business concerns successfully complete
the program;
``(III) whether the business of small
business concerns increases during the 3-year
period beginning on the date on which the small
business concerns successfully complete the
program; and
``(IV) the number of training sessions
offered under the program; and
``(ii) submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
regarding each evaluation under clause (i).
``(B) SBA report.--Not later than 1 year after the date of
enactment of this paragraph, and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report evaluating
the program under this section, including an assessment of--
``(i) the regulations promulgated to carry out the
program;
``(ii) online training under the program; and
``(iii) whether the structure of the program is
conducive to business development.''.
SEC. 5. SURETY BOND PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the terms ``bid bond'', ``payment bond'', ``performance
bond'', and ``surety'' have the meanings given those terms in
section 410 of the Small Business Investment Act of 1958 (15
U.S.C. 694a);
(2) the term ``Board'' means the pilot program advisory
board established under subsection (d)(1);
(3) the term ``eligible small business concern'' means a
socially and economically disadvantaged small business concern
that is participating in the program under section 8(a) of the
Small Business Act (15 U.S.C. 637(a));
(4) the term ``Fund'' means the Small Business Surety Bond
Pilot Program Fund established under subsection (e)(1);
(5) the term ``graduated'' has the meaning given that term
in section 7(j)(10)(H) of the Small Business Act (15 U.S.C.
636(j)(10)(H));
(6) the term ``pilot program'' means the surety bond pilot
program established under subsection (b)(1); and
(7) the term ``socially and economically disadvantaged
small business concern'' has the meaning given that term in
section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(b) Program.--
(1) In general.--The Administrator shall establish a surety
bond pilot program under which the Administrator may guarantee
any surety against loss resulting from a breach of the terms of
a bid bond, payment bond, performance bond, or bonds ancillary
thereto, by an eligible small business concern.
(2) Guarantee percentage.--A guarantee under the pilot
program shall obligate the Administration to pay to a surety 90
percent of the loss incurred and paid by the surety.
(3) Application.--An eligible small business concern
desiring a guarantee under the pilot program shall submit an
application at such time, in such manner, and accompanied by
such information as the Administrator may require.
(4) Review.--A surety desiring a guarantee under the pilot
program against loss resulting from a breach of the terms of a
bid bond, payment bond, performance bond, or bonds ancillary
thereto by an eligible small business concern shall--
(A) submit to the Administrator a report evaluating
whether the eligible small business concern meets such
criteria as the Administrator may establish relating to
whether a bond should be issued to the eligible small
business concern; and
(B) if the Administrator does not guarantee the
surety against loss, submit an update of the report
described in subparagraph (A) every 6 months.
(c) Technical Assistance and Educational Training.--
(1) In general.--The Administrator shall provide technical
assistance and educational training to an eligible small
business concern participating in the pilot program or desiring
to participate in the pilot program for a period of not less
than 3 years, to promote the growth of the eligible small
business concern and assist the eligible small business concern
in promoting job development.
(2) Topics.--
(A) Technical assistance.--The technical assistance
under paragraph (1) shall include assistance relating
to--
(i) scheduling of employees;
(ii) cash flow analysis;
(iii) change orders;
(iv) requisition preparation;
(v) submitting proposals;
(vi) dispute resolution; and
(vii) contract management.
(B) Educational training.--The educational training
under paragraph (1) shall include training regarding--
(i) accounting;
(ii) legal issues;
(iii) infrastructure;
(iv) human resources;
(v) estimating costs;
(vi) scheduling; and
(vii) any other area the Administrator
determines is a key area for which training is
needed for eligible small business concerns.
(d) Panel.--
(1) Establishment.--The Administrator shall establish a
pilot program advisory board to evaluate and make
recommendations regarding the pilot program.
(2) Membership.--The Board shall be composed of 5 members--
(A) who shall be appointed by the Administrator;
(B) not less than 2 of whom shall have graduated
from the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)); and
(C) not more than 1 of whom may be an officer or
employee of the Administration.
(3) Duties.--The Board shall--
(A) evaluate and make recommendations to the
Administrator regarding the effectiveness of the pilot
program;
(B) make recommendations to the Administrator
regarding performance measures to evaluate eligible
small business concerns applying for a guarantee under
the pilot program; and
(C) not later than 90 days after the date on which
all members of the Board are appointed, and every year
thereafter until the authority to carry out the pilot
program terminates under subsection (f), submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report regarding the activities of
the Board.
(e) Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a revolving fund to be known as
the ``Small Business Surety Bond Pilot Program Fund'', to be
administered by the Administrator.
(2) Availability.--Amounts in the Fund shall be available
without fiscal year limitation or further appropriation by
Congress.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000.
(4) Rescission.--Effective on the day after the date on
which the term of all guarantees made under the pilot program
have ended, all amounts in the Fund are rescinded.
(f) Termination.--The Administrator may not guarantee a surety
against loss under the pilot program on or after the date that is 7
years after the date the date on which the Administrator makes the
first guarantee under the pilot program. | Section 8(a) Improvements Act of 2010 - Directs the Administrator of the Small Business Administration (SBA) to: (1) assign each North American Industry Classification System industry code to a category of either manufacturing, construction, professional services, or general services; and (2) for each category, establish a maximum net worth for the socially disadvantaged individuals who own or control small businesses in that category, for purposes of participation in a program for the award of federal procurement subcontracts to socially and economically disadvantaged small businesses (program). Requires an annual inflationary adjustment to the average income and maximum net worth limits of owners of such businesses, as well as a temporary adjustment within the first 30 days after the enactment of this Act.
Establishes a transition period of three years after a small business has graduated from the 8(a) program, during which period such business may receive developmental assistance through the SBA.
Requires the Comptroller General and the Administrator to each evaluate the program and report evaluation results to the congressional small business committees.
Directs the Administrator to establish a surety bond pilot program under which the Administrator may guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto by a participating eligible small business. Allows the Administrator, under the pilot program, to pay a surety up to 90% of the loss incurred. Requires the Administrator to provide, for up to three years, technical assistance and educational training to a small business participating in the pilot program. Establishes a pilot program advisory board and a Small Business Surety Bond Pilot Program Fund. | {"src": "billsum_train", "title": "A bill to improve the program under section 8(a) of the Small Business Act and to establish a surety bond pilot program."} | 3,284 | 372 | 0.523399 | 1.708503 | 0.702147 | 3.794872 | 9.509615 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prepaid Card Disclosure Act of
2014''.
SEC. 2. SPENDING ACCOUNTS.
(a) Spending Accounts.--The Electronic Fund Transfer Act (15 U.S.C.
1693 et seq.) is amended--
(1) by redesignating section 923 (15 U.S.C. 1693 note),
relating to the effective date of the Electronic Fund Transfer
Act, as so designated by section 1073 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111-203;
124 Stat. 2060), as section 925;
(2) by redesignating section 922 (15 U.S.C. 1693r),
relating to exemptions for State regulation, as so designated
by section 1073 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203; 124 Stat. 2060),
as section 923; and
(3) by inserting after section 923, as so redesignated, the
following:
``SEC. 924. SPENDING ACCOUNTS; DISCLOSURE OF FEE INFORMATION.
``(a) Definition.--For purposes of this section, the term `spending
account'--
``(1) means a transaction account, other than as defined in
section 903(2)--
``(A) that is established by a consumer or on
behalf of a consumer at an insured depository
institution (as defined in section 3(c) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(c)));
``(B) that contains the funds of a consumer;
``(C) to which payments are to be made by a
consumer, or at the direction of a consumer;
``(D) to which recurring electronic fund transfers
may be made, at the direction of a consumer; or
``(E) from which payments may be made at the
direction of a consumer through the use of a card,
code, or device;
``(2) includes a transaction account described in paragraph
(1)--
``(A) that is operated or managed by a financial
institution, or any other person; and
``(B) the funds of which are--
``(i) pooled with the funds of a person
other than the person who established the
account; or
``(ii) held in a name other than that of
the person who established the account; and
``(3) does not include--
``(A) a nonreloadable general-use prepaid card, as
defined in section 915(a)(2)(A), in an amount that does
not exceed $250;
``(B) a general-use prepaid card, as defined in
section 915(a)(2)(A), that is solely associated with--
``(i) a health plan to which section 105 of
the Internal Revenue Code of 1986 applies;
``(ii) a qualified transportation fringe,
as defined in section 132(f) of the Internal
Revenue Code of 1986;
``(iii) a health savings account, as
defined in section 223(d) of the Internal
Revenue Code of 1986; or
``(iv) any other healthcare benefit
account, including a healthcare account
relating to Medicare or Medicaid benefits;
``(C) a gift certificate, as defined in section
915(a)(2)(B);
``(D) a store gift card, as defined in section
915(a)(2)(C);
``(E) an electronic promise, plastic card, or
payment code or device described in clause (i), (v), or
(vi) of section 915(a)(2)(D);
``(F) a nonreloadable card labeled as a gift card
and marketed solely as a gift card;
``(G) a nonreloadable loyalty, rebate, or
promotional card; or
``(H) a debit card or general-use prepaid card that
has been provided to a person pursuant to a Federal,
State or local government administered payment program,
in which the person may only use the debit card or
general-use prepaid card to transfer or debit funds,
monetary value, or other assets that have been provided
pursuant to such program.
``(b) Disclosure of Fee Information.--
``(1) Disclosure required.--Each financial institution or
entity that is operated, managed, or controlled by a financial
institution, or any other person that offers a spending account
shall provide to a consumer--
``(A) together with any application, offer, or
solicitation for a spending account, a table of any
fees that may be charged in connection with the
spending account that--
``(i) can be easily understood by the
consumer;
``(ii) is clearly and conspicuously
displayed to the consumer before purchase; and
``(iii) includes, at a minimum, the amount
and a description of each fee that may be
charged in connection with the spending account
by the financial institution or entity that is
operated, managed, or controlled by a financial
institution, or any other person; and
``(B) on the card or other means of access, a toll-
free telephone number and website at which the consumer
may access a clear and conspicuous disclosure of the
fees that may be charged in connection with the
spending account.
``(2) QR code.--The Bureau may, in accordance with any
rules established under paragraph (3) and in addition to the
disclosure requirements under paragraph (1), require the
placement of a QR code, barcode, or other similar technology on
any packaging, card, or other object associated with a spending
account, provided that such QR code, barcode, or other
technology is capable of providing an electronic link to the
disclosures required under paragraph (1) to a consumer.
``(3) Rules.--Not later than 9 months after the date of
enactment of the Prepaid Card Disclosure Act of 2014, the
Bureau shall establish, by rule, the headings, content, and
format of the fee table and estimate required under paragraph
(1).''.
(b) Technical and Conforming Amendments.--Section 903 of the
Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended--
(1) by redesignating paragraph (4) (relating to the Board
of Governors of the Federal Reserve System), as so designated
by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203; 124 Stat. 2081),
as paragraph (3); and
(2) in paragraph (3), as so redesignated, by striking
``term `Bureau' means the Bureau of Governors'' and inserting
``term `Board' means the Board of Governors''.
(c) Preservation of Authority.--Nothing in this Act shall be
construed to limit, amend, or otherwise alter the authority of the
Bureau of Consumer Financial Protection to issue and adopt rules, take
any action, or exercise any other power under the Electronic Fund
Transfer Act, including with respect to general-use prepaid cards or
any other electronic fund transfer product not subject to the
provisions of this Act.
(d) Rule of Construction Relating to EBT Cards.--Nothing in this
Act shall be construed to affect the regulation of electronic benefit
transfers by the Bureau of Consumer Financial Protection. | Prepaid Card Disclosure Act of 2014 - Amends the Electronic Fund Transfer Act to extend its coverage to spending accounts (transaction accounts) established by a consumer (or on a consumer's behalf) at an insured depository institution or credit union: (1) to which recurring electronic fund transfers may be made, at the consumer's direction; or (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device (commonly referred to as prepaid cards). Treats as a spending account any similar transaction account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending account: (1) any nonreloadable general-use prepaid card in an amount under $250; (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other health care benefit account; (3) a gift certificate; (4) a store gift card; (5) an electronic promise, plastic card, or payment code, or device; (6) a nonreloadable card labeled as a gift card and marketed solely as such; (7) a nonreloadable loyalty, rebate, or promotional card; or (8) a debit card or general-use prepaid card that has been provided to a person pursuant to a federal, state or local government-administered payment program, in which the person may only use the card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to that program. Authorizes the Consumer Financial Protection Bureau (CFPB) to require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that the technology is capable of providing an electronic link to certain required disclosures to the consumer. | {"src": "billsum_train", "title": "Prepaid Card Disclosure Act of 2014"} | 1,646 | 460 | 0.584578 | 1.832829 | 0.779486 | 4.960976 | 3.682927 | 0.936585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get America Moving Again Act of
2009''.
SEC. 2. TEMPORARY CREDIT FOR PURCHASE OF PASSENGER VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30D the following new section:
``SEC. 30E. TEMPORARY CREDIT FOR PURCHASE OF PASSENGER VEHICLES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the purchase price of any qualified passenger vehicle placed
in service by the taxpayer during the taxable year.
``(b) Maximum Credit.--
``(1) New vehicles.--In the case of each qualified
passenger vehicle the original use of which begins with the
taxpayer, the credit allowed by subsection (a) shall not
exceed--
``(A) $5,000 in the case of a vehicle placed in
service before January 1, 2010, and
``(B) $2,500 in the case of a vehicle placed in
service during 2010.
``(2) Used vehicles.--In the case of each qualified
passenger vehicle the original use of which does not begin with
the taxpayer, the credit allowed by subsection (a) shall not
exceed--
``(A) $2,000 in the case of a vehicle placed in
service before January 1, 2010, and
``(B) $1,000 in the case of a vehicle placed in
service during 2010.
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--In the case of a natural person, the
amount allowable as credit under this section (without regard
to this subsection) for any taxable year shall be reduced (but
not below zero) by the amount which bears the same ratio to the
amount so allowable as--
``(A) the excess (if any) of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $125,000 ($250,000 in the case of a
joint return), bears to
``(B) $10,000.
``(2) Modified adjusted gross income.--For purposes of
paragraph (1), the term `modified adjusted gross income' means
the adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.
``(d) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified passenger vehicle'
means any motor vehicle (as defined by section 30(c)(2)) if--
``(A) the model year of such vehicle is (at the
time such vehicle is placed in service by the taxpayer)
not more than 3 years earlier than the most recent
model year of such vehicle which is available for
purchase,
``(B) such vehicle is acquired for use by the
taxpayer and not for resale,
``(C) the amount paid by the taxpayer for such
vehicle does not exceed $50,000, and
``(D) such vehicle has a gross vehicle weight
rating of not more than 8,500 pounds.
``(2) Determination of price.--Rules similar to the rules
of sections 4002(d) and 4003(c) shall apply.
``(e) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) 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 (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23, 25D, and 30D) and section 27 for
the taxable year.
``(f) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property for which
is credit is allowed under this section shall be reduced by the
amount of such credit.
``(2) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(g) Application of Section.--This section shall apply to vehicles
placed in service after the date of the enactment of this section and
before January 1, 2011.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 26(a) of such Code is amended
by striking ``and 30D'' and inserting ``30D, and 30E''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided by section 30E(f)(1).''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30D the following new item:
``Sec. 30E. Temporary credit for purchase of passenger vehicles.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Get America Moving Again Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new or used passenger vehicle before or during 2010. Requires that such vehicle have a purchase price not exceeding $50,000 and have a gross vehicle weight rating of not more than 8,500 pounds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals and businesses a temporary credit against income tax for the purchase of certain vehicles."} | 1,461 | 69 | 0.475284 | 1.110357 | 0.614987 | 3.084746 | 22.745763 | 0.881356 |
TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Ocean Exploration Program
Act''.
SEC. 102. ESTABLISHMENT.
The Secretary of Commerce, through the Administrator of the
National Oceanic and Atmospheric Administration, shall, in consultation
with the National Science Foundation and other appropriate Federal
agencies, establish a coordinated national ocean exploration program
within the National Oceanic and Atmospheric Administration that
promotes collaboration with existing programs of the agency, including
those authorized in title II.
SEC. 103. AUTHORITIES.
In carrying out the program the Administrator of the National
Oceanic and Atmospheric Administration shall--
(1) conduct interdisciplinary exploration voyages or other
scientific activities in conjunction with other Federal
agencies or academic or educational institutions, to survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources, and
report such findings;
(2) give priority attention to deep ocean regions, with a
focus on surveying deep water marine systems that hold
potential for important scientific discoveries, such as
hydrothermal vent communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other ocean
exploration activities that combine archaeology and
oceanographic sciences;
(4) develop, in consultation with the National Science
Foundation, a transparent process for reviewing and approving
proposals for activities to be conducted under this program;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation, and
data collection systems, as well as underwater platforms and
sensors;
(6) accept donations of property, data, and equipment to be
applied for the purpose of exploring the oceans or increasing
knowledge of the oceans;
(7) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and other
stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program; and
(8) avoid directing the programs towards activities
relating to global temperature trends and instead focus on
underwater regions of particular scientific interest.
SEC. 104. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
The National Oceanic and Atmospheric Administration, in
coordination with the National Aeronautics and Space Administration,
the U.S. Geological Survey, Office of Naval Research, and relevant
governmental, non-governmental, academic, and other experts, shall
convene an ocean technology and infrastructure task force to develop
and implement a strategy--
(1) to facilitate transfer of new exploration technology to
the program;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to the
program;
(3) to develop an integrated, workable and comprehensive
data management information processing system that will make
information on unique and significant features obtained by the
program available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and non-governmental entities that will assist in
transferring exploration technology and technical expertise to
the program.
SEC. 105. INTERAGENCY FINANCING.
The National Oceanic and Atmospheric Administration, the National
Science Foundation, and other Federal agencies involved in the program,
are authorized to participate in interagency financing and share,
transfer, receive and spend funds appropriated to any Federal
participant in the program for the purposes of carrying out any
administrative or programmatic project or activity under this section.
Funds may be transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or space
being acquired from another Federal participant and the costs of the
same.
SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this title or title II supersedes, or limits the
authority of the Secretary of the Interior under, the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.).
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out the program--
(1) $30,500,000 for fiscal year 2006;
(2) $33,550,000 for fiscal year 2007;
(3) $36,905,000 for fiscal year 2008;
(4) $40,596,000 for fiscal year 2009;
(5) $44,655,000 for fiscal year 2010;
(6) $49,121,000 for fiscal year 2011;
(7) $54,033,000 for fiscal year 2012;
(8) $59,436,000 for fiscal year 2013;
(9) $65,379,000 for fiscal year 2014; and
(10) $71,917,000 for fiscal year 2015.
TITLE II--UNDERSEA RESEARCH PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the ``NOAA Undersea Research Program Act
of 2005''.
SEC. 202. ESTABLISHMENT.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish and maintain an undersea research
program and shall designate a Director of that program.
SEC. 203. PURPOSE.
The purpose of the program is to increase scientific knowledge
essential for the informed management, use and preservation of oceanic,
coastal and large lake resources through undersea research,
exploration, education and technology development. The program shall be
part of National Oceanic and Atmospheric Administration's undersea
research, education, and technology development efforts, and also make
available the infrastructure and expertise to service the undersea
science needs of the academic community.
SEC. 204. PROGRAM.
The program shall be conducted through a national headquarters, a
network of regional undersea research centers, and a national
technology institute. Overall direction of the program will be provided
by the program director with advice from the Council of Center
directors comprised of the directors of the regional centers and the
national technology institute.
SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE.
The following research, exploration, education, and technology
programs shall be conducted through the network of regional centers and
the national technology institute:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology to support the National
Oceanic and Atmospheric Administration's research mission and
programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development of advanced undersea technology associated
with seafloor observatories, remotely operated vehicles,
autonomous underwater vehicles, and new sampling and sensing
technologies.
(5) Discovery, study, and development of natural products
from ocean and aquatic systems.
SEC. 206. COMPETITIVENESS.
Except for a small discretionary fund for rapid response activities
and for the National Oceanic and Atmospheric Administration-related
service projects, for which no more than 10 percent of the program
budget shall be set aside, the external projects supported by the
regional centers shall be managed using an open and competitive process
to evaluate scientific merit, relevance to the National Oceanic and
Atmospheric Administration, regional and national research goals, and
technical feasibility.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration--
(1) for fiscal year 2006--
(A) $12,500,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $5,000,000 for the National Technology
Institute;
(2) for fiscal year 2007--
(A) $13,750,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $5,500,000 for the National Technology
Institute;
(3) for fiscal year 2008--
(A) $15,125,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $6,050,000 for the National Technology
Institute;
(4) for fiscal year 2009--
(A) $16,638,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $6,655,000 for the National Technology
Institute;
(5) for fiscal year 2010--
(A) $18,301,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $7,321,000 for the National Technology
Institute;
(6) for fiscal year 2011--
(A) $20,131,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $8,053,000 for the National Technology
Institute;
(7) for fiscal year 2012--
(A) $22,145,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $8,859,000 for the National Technology
Institute;
(8) for fiscal year 2013--
(A) $24,359,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $9,744,000 for the National Technology
Institute;
(9) for fiscal year 2014--
(A) $26,795,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $10,718,000 for the National Technology
Institute; and
(10) for fiscal year 2015--
(A) $29,474,000 for the regional centers, of which
50 percent shall be for West Coast Regional Centers and
50 percent shall be for East Coast Regional Centers;
and
(B) $11,790,000 for the National Technology
Institute.
Passed the Senate July 1, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - (Sec. 102) Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing programs of NOAA, including those authorized under the Undersea Research Program.
(Sec. 103) Directs the Administrator of NOAA, in carrying out the program, to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment; (2) promote the development of oceanographic research; (3) accept donations for purposes of exploring or increasing knowledge of the oceans; and (4) avoid directing the programs towards activities relating to global warming, and instead focus on underwater regions of particular interest.
(Sec. 104) Requires the NOAA to convene an ocean technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite capabilities) to the program; (3) develop a data management information processing system for information obtained under the program; (4) conduct public outreach activities to improve public understanding of ocean science, resources, and processes; and (5) encourage cost-sharing partnerships to assist in transferring exploration technology and technical expertise to the program.
(Sec. 105) Authorizes the NOAA, the National Science Foundation, and other federal agencies participating in the program to participate in interagency financing in carrying out program activities.
(Sec. 107) Authorizes appropriations for FY2006-FY2015.
Title II: Undersea Research Program - NOAA Undersea Research Program Act of 2005 - (Sec. 202) Directs the Administrator of NOAA to establish and maintain an undersea research program.
(Sec. 203) Requires the program to: (1) be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute; and (2) increase scientific knowledge for the informed management, use, and preservation of oceanic, coastal, and large lake resources through undersea research, exploration, education, and technology development.
(Sec. 207) Authorizes appropriations for FY2006-FY2015. | {"src": "billsum_train", "title": "A bill to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration."} | 2,270 | 515 | 0.768179 | 2.559598 | 0.704826 | 3.844595 | 4.772523 | 0.966216 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Jobs and
Investment Act of 1993''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General appropriation authority.
TITLE I--AGRICULTURE, RURAL DEVELOPMENT AND RELATED AGENCIES
Subtitle A--Farmers Home Administration
Sec. 101. Rural housing insurance fund program account.
Sec. 102. Rental assistance program.
Sec. 103. Rural development insurance fund program account.
Sec. 104. Rural development loans program account.
Sec. 105. Rural water and waste disposal grants.
Sec. 106. Very low-income housing repair grants.
Sec. 107. Supervisory and technical assistance grants.
Sec. 108. Rural housing preservation grants.
Sec. 109. Rural development grants.
Sec. 110. Local technical assistance grants.
Subtitle B--Rural Electrification Administration
Sec. 121. Rural electrification loans program account.
Subtitle C--Office of the Assistant Secretary for Science and Education
Sec. 131. Alternative agricultural research and commercialization.
TITLE II--INTERIOR
Sec. 201. Energy conservation.
TITLE III--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
Sec. 301. Community development and planning.
Sec. 302. EPA construction grants and state revolving loan fund.
TITLE IV--COMMERCE, JUSTICE, AND STATE
Sec. 401. Microloan Demonstration Program.
SEC. 2. GENERAL APPROPRIATION AUTHORITY.
(a) In General.--Subject to subsection (b), the sums described in
this Act are appropriated, out of any money in the Treasury not
otherwise appropriated, to provide emergency supplemental
appropriations for the fiscal year ending September 30, 1993.
(b) Offsetting Reductions.--Funds under this Act are available only
to the extent that there is an offsetting recision in the budget
authority available for carrying out budget function 050 (National
Defense) or budget function 150 (International Affairs), or both.
TITLE I--AGRICULTURE, RURAL DEVELOPMENT AND RELATED AGENCIES
Subtitle A--Farmers Home Administration
SEC. 101. RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT.
(a) Gross Obligations.--For additional gross obligations for direct
loans as authorized under title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), to be available from funds in the Rural Housing
Insurance Fund, as follows:
(1) $500,000,000 for loans to borrowers made under section
502 of such Act (42 U.S.C. 1472), as determined by the
Secretary.
(2) $50,000,000 for housing repair loans made under section
504 of such Act (42 U.S.C. 1474).
(3) $250,000,000 for rental housing loans made under
section 515 of such Act (42 U.S.C. 1485).
(b) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct
loans, as follows:
(1) $121,750,000 for low-income housing loans under section
502 of the Housing Act of 1949 (42 U.S.C. 1472).
(2) $20,090,000 for housing repair loans under section 504
of such Act (42 U.S.C. 1474).
(3) $132,500,000 for rental housing purposes under section
515 of such Act (42 U.S.C. 1485).
SEC. 102. RENTAL ASSISTANCE PROGRAM.
For additional rental assistance agreements entered into under or
renewed under section 521(a)(2) of the Housing Act of 1949 (42 U.S.C.
1490a(a)(2)), $70,000,000.
SEC. 103. RURAL DEVELOPMENT INSURANCE FUND PROGRAM ACCOUNT.
(a) Gross Obligations.--For additional gross obligations for the
principal amount of direct loans as authorized by sections 308, 309A,
310A, and 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1928, 1929A, 1931, and 1932), to be available from funds in the
Rural Development Insurance Fund, as follows:
(1) Water and sewer facility loans, $600,000,000.
(2) Community facility loans, $250,000,000.
(b) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct
loans, as follows:
(1) $87,360,000 for water and sewer facility loans.
(2) $21,025,000 for community facility loans.
SEC. 104. RURAL DEVELOPMENT LOANS PROGRAM ACCOUNT.
(a) Cost of Loans.--For an additional amount for the cost, as
defined in section 502(5) of the Congressional Budget Act of 1974 (2
U.S.C. 661a(5)), including the cost of modifying loans, of direct loans
from the Rural Development Loan Fund established under section 623(a)
of the Community Economic Development Act of 1981 (42 U.S.C. 9812(a)),
$50,000,000.
(b) Principal Amount of Loans.--The funds made available under
subsection (a) shall be available to subsidize gross obligations for
the principal amount of direct loans of not to exceed $100,000,000.
SEC. 105. RURAL WATER AND WASTE DISPOSAL GRANTS.
(a) In General.--For additional grants pursuant to paragraphs (2)
and (6) of section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)), $500,000,000, to remain available
until expended, pursuant to section 306(d) of such Act.
(b) Purposes.--The funds made available under subsection (a) shall
not be used for any purpose not specified in section 306(a) of the
Consolidated Farm and Rural Development Act.
SEC. 106. VERY LOW-INCOME HOUSING REPAIR GRANTS.
For additional grants to the very low-income elderly for essential
repairs to dwellings pursuant to section 504 of the Housing Act of 1949
(42 U.S.C. 1474), $50,000,000, to remain available until expended.
SEC. 107. SUPERVISORY AND TECHNICAL ASSISTANCE GRANTS.
For additional grants pursuant to section 525 of the Housing Act of
1949 (42 U.S.C. 1479 and 1490e), $10,000,000, to remain available until
expended.
SEC. 108. RURAL HOUSING PRESERVATION GRANTS.
For additional grants for rural housing preservation as authorized
by section 533 of the Housing and Urban-Rural Recovery Act of 1983 (42
U.S.C. 1490m), $50,000,000.
SEC. 109. RURAL DEVELOPMENT GRANTS.
(a) In General.--For additional grants authorized under section
310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(c)) to any qualified public or private nonprofit organization,
$100,000,0000.
(b) Limitations.--Effective for fiscal year 1991 and thereafter,
grants made pursuant to subsection (a) shall not be subject to any
dollar limitation unless the limitation is set forth in law.
SEC. 110. LOCAL TECHNICAL ASSISTANCE GRANTS.
For additional local technical assistance grants authorized under
section 306(a)(11) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)(11)), $15,000,000.
Subtitle B--Rural Electrification Administration
SEC. 121. RURAL ELECTRIFICATION LOANS PROGRAM ACCOUNT.
(a) Insured Loans.--For additional insured loans pursuant to
section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) for
rural electrification loans, $700,000,000, to remain available until
expended.
(b) Cost of Loans.--For the additional cost, as defined in section
502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5)),
including the cost of modifying loans, of direct rural electrification
loans authorized by section 305 of the Rural Electrification Act of
1936 (7 U.S.C. 935), for the additional cost of direct rural
electrification loans, $131,000,000.
Subtitle C--Alternative Agricultural Research and Commercialization
SEC. 131. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMERCIALIZATION.
For an additional amount for necessary expenses to carry out the
Alternative Agricultural Research and Commercialization Act of 1990 (7
U.S.C. 5901 et seq.), $20,000,000.
TITLE II--INTERIOR
SEC. 201. ENERGY CONSERVATION.
For additional amounts to enable the Secretary of Energy to make
grants under title III of the Energy Conservation and Production Act
(42 U.S.C. 6831 et seq.)--
(1) $150,000,000 to be used for the weatherization
assistance program for low income persons; and
(2) $150,000,000 to be used for the Institutional
Conservation Program and the State Energy Conservation Program.
TITLE III--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT
SEC. 301. COMMUNITY DEVELOPMENT AND PLANNING.
(a) In General.--For an additional amount to carry out a community
development grants program under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), $1,000,000,000, to be
obligated for making grants to States and units of local government
under such Act.
(b) Limitation.--For purposes of applying the limitation contained
in section 105(a)(8) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(8)) to amounts made available under this
section, the maximum percentage of funds received by a unit of general
local government under this section that may be used for the provision
of public services shall be 20 percent
SEC. 302. EPA CONSTRUCTION GRANTS AND STATE REVOLVING LOAN FUND.
For an additional amount to carry out the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) and the Water Quality Act of 1987
(33 U.S.C. 1251 et seq.), $1,000,000,000, of which--
(1) $500,000,000 shall be made available for grants under
title II of the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.); and
(2) $500,000,000 shall be made available for State water
pollution control revolving funds established under title VI of
such Act (33 U.S.C. 1381 et seq.).
TITLE IV--COMMERCE, JUSTICE, AND STATE
SEC. 401. MICROLOAN DEMONSTRATION PROGRAM.
(a) Technical Assistance Grants.--For an additional amount for
necessary expenses, not otherwise provided for, of the Small Business
Administration for making technical assistance grants under the
Microloan Demonstration Program established by section 7(m) of the
Small Business Act (15 U.S.C. 636(m)), $3,000,000.
(b) Business Loans Program Account.--For the cost, as defined in
section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C.
661a(5)), including the cost of modifying loans, of direct loans for
carrying out not more than 50 microloan programs under the Microloan
Demonstration Program, $2,600,000, to be made available until expended
for the subsidy cost of $15,000,000 in direct loans for the Microloan
Demonstration Program. | TABLE OF CONTENTS:
Title I: Agriculture, Rural Development and Related Agencies
Subtitle A: Farmers Home Administration
Subtitle B: Rural Electrification Administration
Subtitle C: Alternative Agricultural Research and
Commercialization
Title II: Interior
Title III: Veterans Affairs and Housing and Urban Development
Title IV: Commerce, Justice, and State
Rural Jobs and Investment Act of 1993 -
Title I: Agriculture, Rural Development and Related Agencies
-
Subtitle A: Farmers Home Administration
- Makes supplemental FY 1993 appropriations for: (1) rural housing loans; (2) rural housing repair loans; (3) rural rental housing loans; (4) rural rental multifamily housing loans; (5) rural water and sewer facility loans; (6) community facility loans; (7) the rural development loans program account; (8) rural water and waste disposal grants; (9) very low-income housing repair grants; (10) supervisory and technical assistance grants; (11) rural housing preservation grants; (12) rural development grants; and (13) local technical assistance grants.
Subtitle B: Rural Electrification Administration
- Provides supplemental FY 1993 appropriations for insured rural electrification loans.
Subtitle C: Alternative Agricultural Research and Commercialization
- Provides supplemental FY 1993 appropriations for alternative agricultural research and commercialization.
Title II: Interior
- Makes supplemental FY 1993 appropriations for Department of Energy programs of: (1) low-income weatherization assistance; and (2) institutional energy conservation and the State energy conservation programs.
Title III: Veterans Affairs and Housing and Urban Development
- Provides supplemental FY 1993 appropriations for: (1) community development grants; (2) water treatment works; and (3) State water pollution control revolving funds.
Title IV: Commerce, Justice, and State
- Provides supplemental FY 1993 appropriations for the Small Business Administration microloan demonstration program. | {"src": "billsum_train", "title": "Rural Jobs and Investment Act of 1993"} | 2,798 | 389 | 0.70506 | 2.00205 | 0.77126 | 2.659794 | 5.57732 | 0.865979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Transmission Infrastructure
Permitting Improvement Act''.
SEC. 2. INTERAGENCY RAPID RESPONSE TEAM FOR TRANSMISSION.
(a) Establishment.--There is established an interagency rapid
response team, to be known as the ``Interagency Rapid Response Team for
Transmission'' (referred to in this section as the ``Team''), to
expedite and improve the permitting process for electric transmission
infrastructure on Federal land and non-Federal land.
(b) Mission.--The mission of the Team shall be--
(1) to improve the timeliness and efficiency of electric
transmission infrastructure permitting; and
(2) to facilitate the performance of maintenance and
upgrades to electric transmission lines on Federal land and
non-Federal land.
(c) Membership.--The Team shall be comprised of representatives
of--
(1) the Federal Energy Regulatory Commission;
(2) the Department of Energy;
(3) the Department of the Interior;
(4) the Department of Defense;
(5) the Department of Agriculture;
(6) the Council on Environmental Quality;
(7) the Department of Commerce;
(8) the Advisory Council on Historic Preservation; and
(9) the Environmental Protection Agency.
(d) Duties.--The Team shall--
(1) facilitate coordination and unified environmental
documentation among electric transmission infrastructure
project applicants, Federal agencies, States, and Indian tribes
involved in the siting and permitting process;
(2) establish clear timelines for the review and
coordination of electric transmission infrastructure projects
by the applicable agencies;
(3) ensure that each electric transmission infrastructure
project is posted on the Federal permitting transmission
tracking system known as ``e-Trans'', including information on
the status and anticipated completion date of each project; and
(4) regularly notify all participating members of the Team
involved in any specific permit of--
(A) any outstanding agency action that is required
with respect to the permit; and
(B) any approval or required comment that has
exceeded statutory or agency timelines for completion,
including an identification of any Federal agency,
department, or field office that has not met the
applicable timeline.
(e) Annual Reports.--Annually, the Team shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that describes the average completion time for specific
categories of regionally and nationally significant transmission
projects, based on information obtained from the applicable Federal
agencies.
(f) Use of Data by OMB.--Using data provided by the Team, the
Director of the Office of Management and Budget shall prioritize
inclusion of individual electric transmission infrastructure projects
in the permit performance dashboard.
SEC. 3. TRANSMISSION OMBUDSPERSON.
(a) Establishment.--To enhance and ensure the reliability of the
electric grid, there is established within the Federal Energy
Regulatory Commission the position of Transmission Ombudsperson
(referred to in this section as the ``Ombudsperson''), to provide a
unified point of contact for--
(1) resolving interagency or intra-agency issues or delays
with respect to electric transmission infrastructure permits;
and
(2) receiving and resolving complaints from parties with
outstanding or in-process applications relating to electric
transmission infrastructure.
(b) Duties.--The Ombudsperson shall--
(1) establish a process for--
(A) facilitating the permitting process for
performance of maintenance and upgrades to electric
transmission lines on Federal land and non-Federal
land, with a special emphasis on facilitating access
for immediate maintenance, repair, and vegetation
management needs;
(B) resolving complaints filed with the
Ombudsperson with respect to in-process electric
transmission infrastructure permits; and
(C) issuing recommended resolutions to address the
complaints filed with the Ombudsperson; and
(2) hear, compile, and share any complaints filed with
Ombudsperson relating to in-process electric transmission
infrastructure permits.
SEC. 4. RIGHTS-OF-WAY FOR ELECTRIC TRANSMISSION SYSTEMS.
Section 507 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1767) is amended by adding at the end the following:
``(c) Rights-of-Way for Electric Transmission Systems.--
``(1) In general.--In a case in which a right-of-way has
been reserved for the use of any Federal agency or department
for an electric transmission system, the Secretary shall not
take any of the actions described in paragraph (2) unless the
head of the applicable Federal agency or department proposes to
change the use of the right-of-way to support a function other
than an electric transmission system.
``(2) Covered actions.--An action referred to in paragraph
(1) is an action--
``(A) requiring a new grant, permit, or renewal of
the grant or permit relating to the right-of-way;
``(B) requiring any other authorization or
instrument relating to the right-of-way; or
``(C) imposing new terms or conditions relating to
the right-of-way or the use of the right-of-way,
including any proposed changes to or additions of
equipment, structures, or other electric transmission
system facilities or appurtenances.''. | Electric Transmission Infrastructure Permitting Improvement Act This bill establishes the Interagency Rapid Response Team for Transmission (Team), composed of specified federal agencies, to expedite the permitting process for electric transmission infrastructure on both federal and non-federal land. The Team shall: facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants, federal agencies, states, and Indian tribes; establish clear timelines for the review and coordination of projects; ensure that each project is posted on the "e-Trans" federal permitting transmission tracking system; and notify Team members involved in any specific permit of any outstanding agency action required with respect to the permit, and any approval or required comment that has exceeded statutory or agency timelines for completion. The Transmission Ombudsperson, established by this Act within the Federal Energy Regulatory Commission, shall create a process for permitting maintenance and upgrades to electric transmission lines and resolving complaints. The Department of the Interior must not take certain actions under the Federal Land Policy and Management Act of 1976 with respect to rights-of-way reserved for a federal agency or department for an electric transmission system unless the agency or department head proposes to change the use of the right-of-way to support a function other than an electric transmission system. The actions prohibited unless a change of use is proposed include: requiring a new grant, permit, or renewal of the grant or permit relating to the right-of-way; requiring any other authorization or instrument relating to the right-of-way; or imposing new terms or conditions relating to the right-of-way or its use, including proposed changes affecting electric transmission system facilities or appurtenances. | {"src": "billsum_train", "title": "Electric Transmission Infrastructure Permitting Improvement Act"} | 1,160 | 362 | 0.657603 | 2.084506 | 0.912704 | 5.315789 | 3.368421 | 0.931889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beneficiary Access to Care Act of
2002''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) payments for drugs and biologicals under the Medicare
outpatient hospital prospective payment system should be based
on all of the costs of delivering outpatient pharmacy therapy
(involving the drug or biological) in the outpatient hospital
setting, including (but not limited to) acquisition costs, and
the costs associated with storage, handling, processing,
quality control, disposal, and pharmacy overhead should be
fully accounted for under such system;
(2) the payment rates proposed in Centers for Medicare &
Medicaid Services, Medicare Program; Changes to the Hospital
Outpatient Prospective Payment System and Calendar Year 2003
Payment Rates; and Changes to Payment Suspension for Unified
Cost Report; Proposed Rule, (67 Federal Register 52092 et seq.
(August 9, 2002)) do not fully reflect such costs;
(3) the methodology implied by the statute establishing
such system and used by the Centers for Medicare & Medicaid
Services to estimate acquisition costs is flawed because it
derives such estimates from what hospitals charged for
individual products on patient bills without appropriate
adjustment for hospital charging practices;
(4) this methodology substantially underestimates the
acquisition costs of newer, more expensive drugs and
biologicals;
(5) the methodology used to develop such rates produces
erratic and unreliable results, with--
(A) the payment rate for one product increasing 700
percent and the rates for many others exceeding 100
percent of their average wholesale price (AWP), and
(B) the payment rates for nine drugs and
biologicals used in cancer therapy experiencing rate
reductions of between 50 and 90 percent;
(6) beneficiary access may be jeopardized in the outpatient
hospital setting for those drugs and biologicals for which
program payments are substantially below the costs of
delivering them; and
(7) the payment rates proposed for most drugs and
biologicals under such system for calendar year 2003 are less
than the payment rates established for them in 2002, with the
payment reductions exceeding 30 percent in most cases.
SEC. 3. DURATION OF PERIOD FOR WHICH TRANSITIONAL, PASS-THROUGH
PAYMENTS ARE MADE FOR DRUGS AND BIOLOGICALS.
(a) Continuation if Data Collected in 2 to 3 Year Period Are
Inadequate.--Section 1833(t)(6) of the Social Security Act (42 U.S.C.
1395l(t)(6)) is amended--
(1) in subparagraph (C)(i), by striking ``The payment'' and
inserting ``Except as provided in subparagraph (F), the
payment''; and
(2) by adding at the end the following:
``(F) Extension of period of payment.--
``(i) In general.--Notwithstanding the 3-
year limitation specified in subparagraph
(C)(i), in the case of a drug or biological for
which additional payments under this paragraph
would (but for this subparagraph) cease to be
made by reason of such limitation, such
additional payments shall continue to be made
with respect to the drug or biological during
the period that begins with the last day of the
period of payment under subparagraph (C)(i) and
ends on a date specified by the Secretary that
is no earlier than January 1 of the first
calendar year beginning on or after the date on
which the Secretary has met each of the
requirements of clause (ii).
``(ii) Requirements.--The requirements of
this clause are that the Secretary--
``(I) engage an appropriate outside
contractor with substantial expertise
and experience in the methodology of
prospective payment systems to study
and report to the Secretary
alternatives to the methodology used by
the Centers for Medicare & Medicaid
Services for determining the relative
weights under paragraphs (2)(C) and (9)
so that the relative weights more
accurately and equitably reflect the
variation in costs among items and
services;
``(II) make public the report
prepared under subclause (I) together
with the Secretary's recommendations
for changes in the methodology, and
provide for a public comment period of
at least 90 days on such report;
``(III) find and certify that
adequate data are available reflecting
all of the costs of delivering
outpatient pharmacy therapy (involving
the drug or biological) in the
outpatient hospital setting, including
acquisition, storage, handling,
processing, quality control, disposal,
and pharmacy overhead costs;
``(IV) find and certify that
methodology used to determine relative
payment weights for drugs and
biologicals, when used with such data,
produces a medicare OPD fee schedule
payment amount that accurately and
equitably reflects such costs;
``(V) report such findings to the
Congress and release to the public the
data used to support such findings;
``(VI) publish (on a date that is
no earlier than 180 days after the
requirements of subclause (V) have been
met) a notice of proposed rulemaking on
a relative payment weight to be used to
determine the medicare OPD fee schedule
payment amount for the drug or
biological under this subsection, with
a period for public comment of at least
90 days; and
``(VII) taking into account the
comments received during the comment
period for such notice, publish a final
rule establishing a relative payment
weight for the drug or biological.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999.
SEC. 4. AMBULATORY PAYMENT CLASSIFICATIONS FOR DRUGS AND BIOLOGICALS
AFTER PERIOD OF TRANSITIONAL PASS-THROUGH PAYMENTS.
(a) In General.--Section 1833(t)(2) of the Social Security Act (42
U.S.C. 1395l(t)(2) is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) striking the period at the end of subparagraph (G) and
inserting ``; and''; and
(3) by adding at the end the following:
``(H) the Secretary shall, in determining the
amount of payment under this subsection for a drug or
biological furnished on or after the date on which
transitional, pass-through payments under paragraph (6)
cease to be made with respect to the drug or
biological--
``(i) treat the drug and biological as a
separate group of covered OPD services; and
``(ii) to the greatest extent practicable,
use the same designation for such group as was
used for the group to which the drug or
biological was assigned during the period for
which transitional, pass-through payments were
made with respect to the drug or biological.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999.
SEC. 5. STUDY OF PHARMACY SERVICES USED TO PROVIDE CANCER DRUG
THERAPIES IN HOSPITAL OUTPATIENT SETTING.
(a) In General.--The Comptroller General of the United States shall
conduct a study of payments under part B of title XVIII of the Social
Security Act for pharmacy service costs and related costs that are
incurred in acquiring chemotherapy and supportive care drugs and
providing these therapies to cancer patients in hospital outpatient
departments. The study shall--
(1) identify pharmacy costs, including the costs of
storage, handling, processing, quality control, disposal,
compliance with safety protocols and regulations, establishing
dosage regimens that avoid drug interactions and
contraindications, and pharmacy overhead;
(2) include a review of the adequacy of the current payment
methodology for pharmacy service costs and related costs; and
(3) identify any changes to that methodology that are
necessary to ensure recognition of and appropriate payment for
all of the services and functions inherent in the provision of
cancer treatment in hospital outpatient settings.
(b) Report to Congress.--Not later than 12 months after the date of
the enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study under subsection (a),
including any recommendations for legislation that is necessary to
implement the changes identified under subsection (a)(3).
SEC. 6. LIMIT ON REDUCTIONS FOR TRANSITIONAL, PASS-THROUGH PAYMENTS FOR
DRUGS AND BIOLOGICALS.
Section 1833(t)(6)(E) of the Social Security Act (42 U.S.C.
1395l(t)(6)(E)) is amended--
(1) in clause (i)--
(A) by striking ``In general.--''and inserting
``Years before 2003.--'';
(B) by striking ``in a year'' and inserting ``in a
year before 2003''; and
(C) by striking ``clause (ii))'' and inserting
``clause (iv))'';
(2) by striking clause (ii) and redesignating clause (iii)
as clause (ii); and
(3) by adding at the end the following:
``(iii) Years after 2002.--Before the
beginning of 2003 and each subsequent year, the
Secretary shall estimate the total of the
additional payments to be made under this
paragraph for covered OPD services furnished in
the year (determined without regard to any
limitation on the total amount of such
payments) and shall adjust the conversion
factor established under paragraph (3)(C) for
the year by a budget neutrality percentage
that, notwithstanding paragraph (2)(E), does
not exceed the lesser of--
``(I) the ratio (expressed as a
percentage) of the Secretary's estimate
of such total additional payments for
such year to the Secretary's estimate
of the total payments to be made under
this subsection for all covered OPD
services furnished in that year; or
``(II) the applicable percentage
(specified in clause (iv)) for that
year.
``(iv) Applicable percentage.--For purposes
of clauses (i) and (iii), the term `applicable
percentage' means--
``(I) for a year (or portion of a
year) before 2004, 2.5 percent; and
``(II) for 2004 and each subsequent
year, a percentage specified by the
Secretary up to (but not to exceed) 2.0
percent.''. | Beneficiary Access to Care Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department (OPD) services and: (1) duration of the period for which transitional, pass-through payments are made for drugs and biologicals; (2) ambulatory payment classifications for drugs and biologicals after the period of transitional pass-through payments; and (3) elimination of the limit on reductions for transitional, pass-through payments for drugs and biologicals.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient departments. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for equitable payments for health care services furnished to Medicare beneficiaries in hospital outpatient departments, and for other purposes."} | 2,351 | 144 | 0.513906 | 1.489498 | 0.644028 | 4.709677 | 17.185484 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Savings Commission Act of
1997''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Commission on
Retirement Savings (in this Act referred to as the ``Commission'').
SEC. 3. DUTIES.
(a) In General.--The general purpose of the Commission shall be to
make a comprehensive study of private pension and savings issues and to
recommend policies to expand access to and encourage participation in
retirement savings vehicles.
(b) Issues To Address.--In preparation for making the specific
policy recommendations described in subsection (c), the Commission
shall conduct a full and complete study and review of--
(1) trends in coverage of American workers by workplace
retirement plans;
(2) trends in Americans' personal rates of saving;
(3) the changing nature of workplace retirement plans,
particularly the shift from defined benefit plans to defined
contribution plans;
(4) the workforce and demographic trends affecting the
retirement savings of future retirees;
(5) the increased prevalence in the workforce and the
special retirement needs of--
(A) women;
(B) part-time workers; and
(C) temporary workers;
(6) the amounts of retirement income that future retirees
will need to replace various levels of preretirement income,
including amounts necessary to pay for medical care and long-
term care;
(7) the various sources of retirement income available to
individuals in the United States;
(8) past legislative changes adopted by Congress which have
acted as disincentives to the creation of workplace retirement
plans and as disincentives to personal retirement savings;
(9) the most efficient and effective manner, considering
the needs of retirement plan sponsors for simplicity,
reasonable cost, and appropriate incentives, of encouraging the
adoption of workplace retirement plans by employers,
particularly small businesses;
(10) the amount and sources of Federal and private funds,
including tax expenditures (as defined in section 3 of the
Congressional Budget Act of 1974 (2 U.S.C. 622)), needed to
finance both existing Federal incentives and programs designed
to encourage and protect retirement savings and any new Federal
incentives or programs that the Commission recommends be
established;
(11) the proper role of tax-deferred individual retirement
savings vehicles (such as individual retirement accounts and
annuities) in individual and national retirement planning;
(12) the manner in which tax expenditures designed to
encourage pension and retirement savings are scored for budget
purposes, specifically how to reflect accurately that tax
revenues on pension and retirement income are not lost to the
Federal Government but instead are deferred until the time
these funds are withdrawn; and
(13) the role of retirement savings in the economy of the
United States.
(c) Recommendations.--
(1) In general.--The Commission shall formulate
recommendations based on the study and review conducted under
subsection (b). These recommendations shall include proposals
that are designed to--
(A) expand workplace retirement plan coverage among
American workers;
(B) encourage the accumulation of adequate
retirement income;
(C) stimulate personal savings for retirement;
(D) encourage workers with access to workplace
retirement plans to participate in these plans;
(E) ensure the security of benefits accumulated by
workers who have participated in workplace retirement
plans;
(F) help low-wage workers, who often have the
greatest difficulty saving for retirement, accumulate
adequate retirement savings; and
(G) simplify the regulatory requirements associated
with administration of workplace retirement plans.
(2) Unanimity required.--The recommendations of the
Commission shall be adopted by unanimous vote of all 16
members. Policy proposals not supported by unanimous vote of
all 16 members shall not be considered recommendations of the
Commission and shall not be included in the report described in
section 7.
(3) No recommendations regarding social security.--While
conducting the study and review outlined in subsection (b), the
Commission may consider the role of Social Security retirement
benefits as a source of retirement income. However, the
Commission shall in no circumstances make recommendations
regarding the Social Security program or reforms thereto.
(4) Effect on federal budget deficit.--A recommendation of
the Commission for a new Federal incentive or program that
would result in an increase in the Federal budget deficit shall
not appear in the report required under section 7 unless it is
accompanied by a recommendation for offsetting the increase.
(d) Definition.--For purposes of this section, the term ``workplace
retirement plan'' means any financial vehicle referred to in section
219(g)(5) of the Internal Revenue Code of 1986.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall consist of 16 members
appointed not later than 90 days after the date of the
enactment of this Act.
(2) Appointments.--The Commission shall include--
(A) 4 individuals appointed by the President, 1 of
whom the President shall appoint from the Congress to
serve as co-chairperson of the Commission;
(B) 4 individuals appointed by the Speaker of the
House of Representatives, 1 of whom the Speaker shall
appoint from the Congress to serve as co-chairperson of
the Commission;
(C) 4 individuals appointed by the majority leader
of the Senate;
(D) 2 individuals appointed by the minority leader
of the House of Representatives; and
(E) 2 individuals appointed by the minority leader
of the Senate.
(3) Qualifications.--
(A) The individuals referred to in paragraph (1)
shall be Members of the Congress, leaders of business
or labor, representatives of the plan sponsor and plan
participant communities, distinguished academics,
individuals with technical expertise in pension
administration, or other individuals with distinctive
qualifications or experience in retirement income
policy.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled not
later than 30 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--Ten members of the Commission shall constitute a
quorum, but 6 members may hold hearings, take testimony, or receive
evidence.
(f) Meetings.--The Commission shall meet at the call of the co-
chairpersons.
(g) Decisions.--Decisions of the Commission, other than
recommendations adopted pursuant to section 3, shall be made by
consensus when possible, or otherwise according to the majority vote of
those members who are present and voting at a meeting called pursuant
to subsection (f).
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Recommendations Regarding Staff.--There shall be two co-
directors of the staff of the Commission. Each co-chairperson of the
Commission shall recommend an individual to serve as co-director of the
staff of the Commission. Each co-chairperson shall also recommend such
additional professional staff to serve under each co-director as are
required to carry out the duties of the Commission. The 2 co-directors
of the staff shall report to their respective co-chairperson and shall
work cooperatively to manage the day-to-day operations and staff of the
Commission.
(b) Appointment of Staff.--Acting upon the recommendations of the
co-chairpersons, the Commission shall appoint and fix the pay of the
co-directors and any additional staff.
(c) Applicability of Certain Civil Service Laws.--The co-directors
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates the Commission determines to be appropriate.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a reimbursable basis, any of
the personnel of the agency to the Commission to assist it in carrying
out its duties under this Act.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 6. POWERS.
(a) Hearings and Sessions.--
(1) In general.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(2) Public hearings.--The Commission may hold public
hearings to receive the views of a broad spectrum of the public
on the status of the private retirement system of the United
States.
(b) Delegation of Authority.--Any member, committee, or agent of
the Commission may, if authorized by the Commission, take any action
which the Commission is authorized to take by this section.
(c) Information.--
(1) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any Federal agency information necessary to enable
it to carry out this Act. Upon request of the
Commission, the head of the Federal agency shall
furnish the information to the Commission.
(B) Exception.--Subparagraph (A) shall not apply to
any information that the Commission is prohibited to
secure or request by another law.
(2) Public surveys.--The Commission may conduct public
surveys as necessary to enable it to carry out this Act. In
conducting such surveys, the Commission shall not be considered
an agency for purposes of chapter 35 of title 44, United States
Code.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contract and Procurement Authority.--The Commission may make
purchases, and may contract with and compensate government and private
agencies or persons for property or services, without regard to--
(1) section 3709 of the Revised Statutes (41 U.S.C. 5); and
(2) title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.).
(f) Gifts.--The Commission may accept, use, and dispose of gifts of
services or property, both real and personal, for the purpose of
assisting the work of the Commission. Gifts of money and proceeds from
sales of property received as gifts shall be deposited in the Treasury
and shall be available for disbursement upon order of the Commission.
For purposes of Federal income, estate, and gift taxes, property
accepted under this subsection shall be considered as a gift to the
United States.
(g) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
SEC. 7. REPORT.
The Commission shall submit a report to the President, the majority
and minority leaders of the Senate, and the Speaker and minority leader
of the House of Representatives. The report shall review the matters
that the Commission is required to study under section 3, shall explain
the Commission's analysis of these matters, and shall set forth the
recommendations of the Commission. The Commission shall submit its
report not later than 1 year and 90 days after the date of enactment of
this Act.
SEC. 8. TERMINATION.
The Commission shall terminate not later than 30 days after the
date on which the Commission submits its report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$1,000,000 for fiscal year 1998. Sums appropriated under this section
are authorized to remain available until expended. | Retirement Savings Commission Act of 1997 - Establishes the Retirement Savings Commission to study and report to the President and Congress on private pension and savings issues and to recommend policies to expand access to and encourage participation in retirement savings vehicles. Requires the Commission to address specified issues and to include in its recommendations measures addressing specified needs of future retirees.
Authorizes appropriations. | {"src": "billsum_train", "title": "Retirement Savings Commission Act of 1997"} | 2,653 | 83 | 0.578468 | 1.271967 | 1.180817 | 3.826087 | 36.623188 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Dog Training Therapy Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program under which the Secretary shall enter into a
contract with one or more appropriate non-government entities for the
purpose of assessing the effectiveness of addressing post-deployment
mental health and post-traumatic stress disorder symptoms through a
therapeutic medium of training service dogs for veterans with
disabilities.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out during the five-year period
beginning on the date of the commencement of the pilot program.
(c) Locations of Pilot Program.--In entering into contracts for
purposes of the pilot program, the Secretary shall seek to enter into
contracts with appropriate non-government entities located in close
proximity to at least three but not more than five medical centers of
the Department.
(d) Appropriate Non-Government Entities.--For purposes of the pilot
program, an appropriate non-government entity is an entity that is
certified in the training and handling of service dogs and that has a
training area that would be appropriate for use in educating veterans
with mental health conditions in the art and science of service dog
training and handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(e) Design of Pilot Program.--Each contract entered into under
subsection (a) shall provide that the non-government entity shall--
(1) ensure that veterans participating in the program
receive training from certified service dog training
instructors;
(2) ensure that in selecting assistance dogs for use in the
program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all
dogs used in the program have adequate temperament and health
clearances;
(3) ensure that each service dog in training participating
in the pilot program is taught all essential commands
pertaining to service dog skills;
(4) ensure that each service dog in training lives at the
pilot program site or a volunteer foster home in the vicinity
of such site while receiving training;
(5) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(6) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans
with disabilities; and
(7) in hiring service dog training instructors to carry out
training under the pilot program, give a preference to veterans
who have successfully graduated from post-traumatic stress
disorder or other residential treatment programs and who have
received adequate certification in service dog training.
(f) Administration.--In order to carry out the pilot program under
section (a), the Secretary of Veterans Affairs shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee the pilot program; and
(2) establish a director of service dog training with a
background working in social services, experience in teaching
others to train service dogs in a vocational setting, and at
least one year of experience working with veterans or active
duty service members with post-traumatic stress disorder in a
clinical setting.
(g) Veteran Eligibility.--The Secretary shall select veterans for
participation in the pilot program. A veteran with post-traumatic
stress disorder or other post-deployment mental health condition may
volunteer to participate in the pilot program, if the Secretary
determines that there are adequate program resources available for such
veteran at the pilot program site. Veterans may participate in the
pilot program in conjunction with the compensated work therapy program
of the Department of Veterans Affairs.
(h) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting
skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(i) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out under the
pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well-being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
(j) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who provides
the direct training of veterans with post-traumatic stress disorder and
other post-deployment issues in the art and science of service dog
training and handling. | Veterans Dog Training Therapy Act Directs the Secretary of Veterans Affairs (VA) to carry out a five-year pilot program to assess the effectiveness of addressing veterans' post-deployment mental health and post-traumatic stress disorder symptoms through the therapeutic medium of educating those veterans in the training and handling of service dogs for veterans with disabilities. Requires: (1) the Secretary to carry out the pilot program through contracts with appropriate nongovernmental entities located in close proximity to at least three but no more than five VA medical centers, and (2) each of those entities to be certified in the training and handling of service dogs and to have a training area that would be appropriate for use in educating veterans with mental health conditions in the art and science of service dog training and handling. | {"src": "billsum_train", "title": "Veterans Dog Training Therapy Act"} | 1,395 | 160 | 0.721301 | 2.000978 | 0.773688 | 5.34 | 9.38 | 0.926667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Intellectual Property
Protection and Enforcement Act of 2008''.
SEC. 2. SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH LIST OF THE
UNITED STATES TRADE REPRESENTATIVE.
(a) In General.--Section 182 of the Trade Act of 1974 (19 U.S.C.
2242) is amended by striking subsection (g) and inserting the
following:
``(g) Special Rules for Foreign Countries on the Priority Watch
List.--
``(1) Action plans.--
``(A) In general.--Not later than 90 days after the
date on which the Trade Representative submits the
National Trade Estimate under section 181(b), the Trade
Representative shall, in consultation with the officers
described in subsection (b)(2)(A), develop an action
plan described in subparagraph (C) with respect to each
foreign country described in subparagraph (B).
``(B) Foreign country described.--The Trade
Representative shall develop an action plan pursuant to
subparagraph (A) with respect to each foreign country
that--
``(i) the Trade Representative has
identified for placement on the priority watch
list; and
``(ii) has remained on such list for at
least 1 year.
``(C) Action plan described.--An action plan
developed pursuant to subparagraph (A) shall contain
the benchmarks described in subparagraph (D) and be
designed to assist the foreign country to--
``(i) achieve--
``(I) adequate and effective
protection of intellectual property
rights; and
``(II) fair and equitable market
access for United States persons that
rely upon intellectual property
protection; or
``(ii) make significant progress toward
achieving the goals described in clause (i).
``(D) Benchmarks described.--The benchmarks
contained in an action plan developed pursuant to
subparagraph (A) are such legislative, institutional,
enforcement, or other actions as the Trade
Representative determines to be necessary for the
foreign country to achieve the goals described in
clause (i) or (ii) of subparagraph (C).
``(2) Failure to meet action plan benchmarks.--
``(A) In general.--If, 1 year after the date on
which an action plan is developed under paragraph
(1)(A), the President, in consultation with the Trade
Representative, determines that the foreign country to
which the action plan applies has not substantially
complied with the benchmarks described in paragraph
(1)(D), the President may take one or more of the
actions described in subparagraph (B) with respect to
the foreign country.
``(B) Presidential action described.--The President
may take the following actions pursuant to subparagraph
(A):
``(i) Government procurement.--Suspend,
restrict, or prohibit new or renewed
procurement by the Federal Government of goods
or services from the foreign country, unless--
``(I) the foreign country is a
party to the Agreement on Government
Procurement referred to in section
101(d)(17) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(17))
or any other international agreement
relating to government procurement to
which the United States is also a
party; and
``(II) such suspension,
restriction, or prohibition would
violate any such agreement.
``(ii) Overseas private investment
corporation financing.--Suspend, restrict, or
prohibit the approval of new financing
(including loans, guarantees, other credits,
insurance, and reinsurance) by the Overseas
Private Investment Corporation with respect to
a project located in the foreign country or in
which an entity of the foreign country
participates.
``(iii) Export-import bank financing.--
Suspend, restrict, or prohibit the approval of
new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the Export-Import Bank of the United States in
connection with the export of any good or
service to the foreign country or an entity of
the foreign country.
``(iv) Multilateral development bank
financing.--Instruct the United States
Executive Director of each multilateral
development bank (as defined in section 1307 of
the International Financial Institutions Act
(22 U.S.C. 262m-7)) to oppose the approval of
any new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the multilateral development bank to the
government of the foreign country or with
respect to a project located in the foreign
country or in which an entity of the foreign
country participates.
``(v) Trade and development agency.--
Suspend, restrict, or prohibit the provision of
assistance by the United States Trade and
Development Agency in connection with a project
located in the foreign country or in which an
entity of the foreign country participates.
``(vi) Preferential trade programs.--
Suspend, limit, or withdraw any preferential
treatment for which the foreign country
qualifies under the Generalized System of
Preferences under title V of the Trade Act of
1974 (19 U.S.C. 2461 et seq.), the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.), the Andean Trade Preference Act (19
U.S.C. 3201 et seq.), or the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.).
``(C) Restoration of benefits.--The President shall
revoke any actions taken with respect to a foreign
country under subparagraph (B) on the date on which the
President, in consultation with the Trade
Representative, determines and certifies to Congress
that the foreign country has substantially complied
with the benchmarks described in paragraph (1)(D).
``(3) Priority watch list defined.--For purposes of this
subsection, the term `priority watch list' means the priority
watch list established by the Trade Representative.
``(h) Annual Report.--Not later than 30 days after the date on
which the Trade Representative submits the National Trade Estimate
under section 181(b), the Trade Representative shall transmit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on actions taken under this
section during the 12 months preceding such report, and the reasons for
such actions, including--
``(1) any foreign countries identified under subsection
(a);
``(2) a description of progress made in achieving improved
intellectual property protection and market access for persons
relying on intellectual property rights; and
``(3) a description of the action plans developed under
subsection (g) and any actions taken by foreign countries under
such plans.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Office of the United States Trade Representative such sums
as may be necessary to provide assistance to any developing
country to which an action plan applies under section 182(g) of
the Trade Act of 1974, as amended by subsection (a), to
facilitate the efforts of the developing country to comply with
the benchmarks contained in the action plan. Such assistance
may include capacity building, activities designed to increase
awareness of intellectual property rights, and training for
officials responsible for enforcing intellectual property
rights in the developing country.
(2) Developing country defined.--For purposes of this
subsection, the term ``developing country'' means a country
classified by the World Bank as having a low-income or lower-
middle-income economy.
(c) Savings.--Nothing in this section shall be construed as
limiting the authority of the President or the United States Trade
Representative to develop action plans other than action plans
described in section 182(g) of the Trade Act of 1974, as amended by
subsection (a), or to take any action otherwise authorized by law in
response to the failure of a foreign country to provide adequate and
effective protection and enforcement of intellectual property rights.
SEC. 3. ADDITIONAL PERSONNEL IN COUNTRIES WITH COMMERCIALLY SIGNIFICANT
RELATIONSHIPS WITH THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the President shall ensure that an intellectual
property attache with the title of Minister-Counselor is placed in the
United States embassy of each foreign country with which the President
determines the United States has a commercially significant
relationship.
(b) Functions of Attaches.--An intellectual property attache placed
in a United States embassy in a foreign country under subsection (a)
shall--
(1) serve as a liaison between the United States and the
foreign country on matters relating to the protection and
enforcement of intellectual property rights; and
(2) gather and provide any information requested by the
United States Trade Representative for purposes of developing
or determining compliance with an action plan described in
section 182(g) of the Trade Act of 1974, as amended by section
2(a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | International Intellectual Property Protection and Enforcement Act of 2008 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), within 90 days after submitting the annual National Trade Estimate, to develop an action plan for foreign countries that have spent at least one year on the priority watch list that calls for such countries to meet benchmarks designed to assist them to achieve: (1) effective protection of intellectual property rights; and (2) equitable market access for U.S. persons that rely upon intellectual property protection.
Authorizes the President to impose certain economic sanctions on foreign countries that do not substantially comply with the benchmarks of an action plan.
Directs the President to ensure that an intellectual property attaché with the title of Minister-Counselor is placed in the U.S. embassy of each foreign country that has a commercially significant relationship with the United States. | {"src": "billsum_train", "title": "A bill to amend the Trade Act of 1974 to improve the international protection and enforcement of intellectual property rights, and for other purposes."} | 2,051 | 184 | 0.628409 | 1.73421 | 0.910214 | 3.317073 | 11.219512 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Wildlife Heritage Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Fish and wildlife are fundamental parts of America's
history and character, and fish and wildlife conservation is a
core value shared by all Americans. All future generations
deserve the opportunity to benefit from and enjoy a diverse
array of fish and wildlife species.
(2) Fish and wildlife conservation provides economic,
social, educational, recreational, emotional, and spiritual
benefits. The economic value of hunting, fishing, and wildlife-
associated recreation alone is estimated to contribute
$122,000,000,000 annually to the American economy. Fish and
wildlife habitats, including forests, grasslands, riparian
lands, wetlands, rivers, and other bodies of water are an
essential component of the American landscape, and are
protected and valued by Federal, State, and local governments,
tribes, private landowners, conservation organizations, and
millions of American sportsmen and outdoor recreationists.
(3) States possess broad trustee and police powers over
fish and wildlife within their borders.
(4) The States and the Federal Government both have
management responsibilities affecting fish and wildlife, and
should work cooperatively in fulfilling these responsibilities.
(5) The American landscape is rapidly changing,
particularly in the Western United States where the majority of
the Federal public lands are found, increasing the importance
of sustaining fish and wildlife and their habitats on our
public lands.
(6) Federal public lands are critical to the future of
fish, plant, and wildlife species in America. Federal public
lands help to protect endangered and threatened species from
going extinct and help prevent species from becoming endangered
in the first place. These lands complement the conservation of
fish, plants, and wildlife on private lands by providing
comparatively intact tracts of land that serve as refuges from
human development and other pressures. Federal public lands
also help keep common species common, including species valued
for hunting and fishing.
(7) Federal public lands provide habitats for species
impacted by the effects of global climate change and will play
an important role in the ability of fish, plants, and wildlife
to adapt to and survive global warming's mounting impacts.
(8) Consistent with long-standing principles of multiple
use and sustained yield management, the goal of sustaining the
diverse fish, wildlife, and plant communities that depend on
our Federal public lands should guide the stewardship of
America's public lands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Desired non-native species.--The term ``desired non-
native species'' means those wild species of plants or animals
that are not indigenous to a planning area but are valued for
their contribution to species diversity or their social,
cultural, or economic value.
(2) Focal species.--The term ``focal species'' means
species selected for monitoring because their population status
and trends are believed to provide useful information regarding
the effects of management activities, natural disruptions, or
other factors on unmeasured species and to provide insights to
the integrity of the ecological systems to which they belong.
(3) Native species.--The term ``native species'' means
species of plants and animals indigenous to a planning area.
(4) Planning area.--The term ``planning area'' means any
geographic unit of National Forest System lands or Bureau of
Land Management lands covered by an individual management plan.
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
land under such Secretary's jurisdiction; and
(B) the Secretary of Agriculture, with respect to
land under such Secretary's jurisdiction.
(6) Species-of-concern.--The term ``species-of-concern''
means the following:
(A) A species listed as an endangered species or
threatened species, or proposed or identified as
candidates for such listing, under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(B) A species designated with a Global, State, or
Taxon status ranking of G1, G2, G3, S1, S2, T1, T2, or
T3 by a State Natural Heritage Program.
(C) A species of greatest conservation need
identified by State comprehensive wildlife conservation
strategies.
(D) Other species identified by the Forest Service
or the Bureau of Land Management for which scientific
evidence raises a concern regarding the species'
sustainability in a planning area.
(7) Sustainable population.--The term ``sustainable
population'' means a population of a species that has a high
likelihood of persisting well distributed throughout its range
within a planning area for a period of at least 50 years into
the future, based on the best available scientific information,
including information obtained through the monitoring program
under section 5, regarding its abundance, distribution, habitat
quality, and reproduction and survival rates.
SEC. 4. SUSTAINABLE POPULATIONS.
(a) Management Direction.--Each Secretary shall plan for and manage
planning areas under the Secretary's respective jurisdiction in order
to maintain sustainable populations of native species and desired non-
native species within each planning area, except that management for
desired non-native species shall not interfere with the maintenance of
sustainable populations of native species within a planning area.
(b) Management Coordination.--If a population of a species extends
across more than one planning area, each Secretary shall coordinate the
management of lands in the planning areas containing such population in
order to maintain a sustainable population of such species.
(c) Extrinsic Conditions.--If a Secretary, using the best available
science and after providing notice to the public by publication in the
Federal Register and opportunity for public comment for a period of at
least 60 days, determines that conditions beyond such Secretary's
authority make it impossible for the Secretary to maintain a
sustainable population of a native species or desired non-native
species within a planning area, or, under the circumstances identified
in paragraph (2), within two or more planning areas, such Secretary
shall--
(1) manage lands within the planning area or areas in order
to achieve to the maximum extent possible the survival and
health of that population; and
(2) ensure that any activity authorized, funded, or carried
out within the planning area does not increase the likelihood
of extirpation of the population in such planning area or
areas.
(d) Compliance.--Each Secretary shall ensure that land management
plans for a planning area under the Secretary's respective
jurisdiction, actions implementing or authorized under such plans, and
other activities that may affect the maintenance of sustainable
populations conducted under the Secretary's jurisdiction comply with
this section.
SEC. 5. MONITORING AND EVALUATION.
(a) Establishment of Monitoring Programs.--To provide a basis for
determining the sustainability of native species and desired non-native
species populations for purposes of section 4, each Secretary shall
adopt and implement, as part of the land management planning for a
planning area, a strategically targeted monitoring program to determine
the status and trends of such species populations in such planning
area.
(b) Monitoring Program Requirements.--The monitoring programs
established under subsection (a) shall designate focal species
representing the diversity of ecological systems and species present in
the planning area, identify species-of-concern in the planning area,
and provide for--
(1) the monitoring of the status and trends of the habitats
and ecological conditions that support focal species and
species-of-concern;
(2) population surveys of the focal species identified in
the monitoring program using methods sufficient to ensure that
monitoring of habitats and ecological conditions pursuant to
paragraph (1) is providing accurate information regarding the
status and trends of species' populations in the planning area;
and
(3) population surveys of species-of-concern whose
populations are not adequately assessed by monitoring pursuant
to paragraphs (1) and (2) and for which there is reasonable
concern regarding potential reductions in distribution or
abundance within such planning area in order to evaluate
information regarding population status and trends.
(c) Cooperation With State Entities and Other Agencies.--Each
Secretary shall develop and implement, to the maximum extent
practicable, the monitoring program established under this section,
including the selection of native species and desired non-native
species, habitat, and ecological conditions to be monitored and
methodologies for conducting such monitoring, in cooperation with State
fish and wildlife agencies and in coordination with other State
agencies with responsibility for management of natural resources. Each
Secretary shall consider and utilize relevant population data
maintained by other Federal agencies, State agencies, tribes, or other
relevant entities.
SEC. 6. COORDINATION.
(a) Management Coordination.--To the maximum extent practicable and
consistent with applicable law, each Secretary shall coordinate the
management of planning areas with the management of the National
Wildlife Refuge System and National Park System, other Federal
agencies, State fish and wildlife agencies, other State agencies with
responsibility for management of natural resources, tribes, local
governments, and non-governmental organizations engaged in species
conservation in order to--
(1) maintain sustainable populations of native species and
desired non-native species;
(2) develop strategies to address the impacts of climate
change on native species and desired non-native species;
(3) establish linkages between habitats and discrete
populations;
(4) reintroduce extirpated species, where appropriate, when
a species population is no longer present; and
(5) conduct other joint efforts in support of sustainable
plant and animal communities across jurisdictional boundaries.
(b) Coordination With Conservation Activities.--In planning for the
management of lands for the purpose of maintaining sustainable
populations of native species and desired non-native species in a
planning area, each Secretary shall, to the maximum extent practicable
and consistent with Federal law--
(1) consult with and offer opportunities for participation
to adjoining Federal, State, tribal, local, and private
landowners, State and tribal fish and wildlife agencies, and
other State and tribal agencies with responsibility for
management of natural resources; and
(2) coordinate such management planning with relevant
conservation plans for fish, plants, and wildlife and their
habitats, including State comprehensive wildlife strategies and
other State conservation strategies for species, National Fish
Habitat partnerships, North American Wetland Conservation Joint
Ventures, and the Federal-State-private partnership known as
Partners in Flight.
(c) No Effect on National Wildlife Refuge or National Park
Systems.--Nothing in this section affects the laws or management
standards applicable to lands or species populations within the
National Wildlife Refuge System or National Park System.
SEC. 7. IMPLEMENTING REGULATIONS.
Not later than one year following the date of enactment of this
Act, each Secretary shall issue regulations implementing all provisions
of America's Wildlife Heritage Act.
SEC. 8. CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) affect the authority, jurisdiction, or responsibility
of each of the several States to manage, control, or regulate
fish, plants, and wildlife under the laws and regulations of
each of the States; or
(2) authorize a Secretary to control or regulate within a
State the fishing or hunting of fish and wildlife within the
State except insofar as the Secretary may exercise authority
granted to him or her under other laws. | America's Wildlife Heritage Act - Sets forth requirements concerning the maintenance of viable populations of existing native and desired non-native species within each planning area in the National Forest System's or the Bureau of Land Management's (BLM) public lands.
Directs the Secretary of Agriculture and the Secretary of the Interior to adopt and implement a strategically targeted monitoring program for determining the status and trends of native and desired non-native species populations on System and BLM lands. Defines: (1) native species to mean species of plants and animals indigenous to a planning area; and (2) desired non-native species to mean those wild species of plants and animals that are not indigenous to a planning area but are valued for their contribution to species diversity or their social, cultural, or economic value.
Requires the Secretaries to coordinate the management of planning areas of the System and the BLM with the management of the National Wildlife Refuge System and National Park System, other federal agencies, state fish and wildlife agencies, other state agencies responsible for management of natural resources, tribes, local governments, and non-governmental organizations engaged in species conservation. | {"src": "billsum_train", "title": "To sustain fish, plants, and wildlife on America's public lands."} | 2,406 | 240 | 0.497212 | 1.33133 | 0.667265 | 5.527273 | 10.613636 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Science and
Technology Act of 2000''.
SEC. 2. ESTABLISHMENT OF OFFICE; DIRECTOR.
(a) Establishment.--There is hereby established in the Department
of Justice under the Assistant Attorney General, Office of Justice
Programs, an Office of Science and Technology (hereinafter in this Act
referred to as the ``Office'').
(b) Transfer of Functions and Employees.--The Office of Science and
Technology of the National Institute of Justice is hereby abolished,
and the functions and employees of such office shall be transferred to
the Office established under subsection (a).
(c) Director.--The Office shall be headed by a director appointed
from the career Senior Executive Service, who shall initially be paid
at the same rate of compensation applicable to the Director of the
Office of Science and Technology of the National Institute of Justice
on the date of the enactment of this Act.
SEC. 3. MISSION OF OFFICE; DUTIES.
(a) Mission.--The mission of the Office shall be--
(1) to serve as the national focal point for work on law
enforcement technology; and
(2) to carry out programs to improve the safety and
effectiveness of, and access to, technology to assist Federal,
State, and local law enforcement agencies.
(b) Duties.--In carrying out its mission, the Office shall--
(1) provide recommendations and advice to the Attorney
General;
(2) establish advisory groups (which shall be exempt from
the provisions of the Federal Advisory Committee Act (5 U.S.C.
App.)) to assess the technology needs of Federal, State, and
local law enforcement agencies;
(3) establish technical and use standards for, and test and
evaluate technologies that may be used by, Federal, State, and
local law enforcement agencies;
(4) establish a program to certify, validate, and mark, or
otherwise recognize, products that conform to standards set by
the Office;
(5) work with other Federal agencies to establish a
coordinated Federal approach to issues related to law
enforcement technology;
(6) conduct research and development in fields that would
improve the safety, effectiveness, and efficiency of
technologies used by Federal, State, and local law enforcement
agencies, including--
(A) weapons capable of preventing use by
unauthorized persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of
providing precise location information;
(E) wire and wireless interoperable communication
technologies;
(F) tools and techniques that facilitate forensic
work;
(G) equipment for particular use in
counterterrorism, including devices and technologies to
disable terrorist devices;
(H) guides to assist State and local law
enforcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate
investigations of computer crime.
(7) administer a program of research, development, testing
and demonstration to improve the interoperability of voice and
data public safety communications;
(8) serve on the Technical Support Working Group of the
Department of Defense, and on other relevant interagency
panels, as requested;
(9) develop and disseminate technical assistance and
training materials to local law enforcement agencies, including
assistance combating computer crime;
(10) operate the regional National Law Enforcement and
Corrections Technology Centers and, through a competitive
process, establish additional centers;
(11) support research fellowships in support of its
mission;
(12) serve as a clearinghouse for information on law
enforcement technologies;
(13) represent the United States and State and local law
enforcement agencies, as requested, in international activities
concerning law enforcement technology;
(14) enter into contracts and cooperative agreements and
provide grants, which may require in-kind or cash matches from
the recipient, as necessary to carry out its mission; and
(15) carry out other duties assigned by the Attorney
General to accomplish the mission of the Office.
(d) Coordination With Federal Agencies.--Federal agencies shall,
upon request from the Office and in accordance with Federal law,
provide the Office with any data, reports, or other information
requested, unless compliance with such request is otherwise prohibited
by law.
(e) Publications.--Decisions concerning publications issued by the
Office shall rest solely with the Director of the Office.
(f) Transfer of Funds.--The Office may transfer funds to other
Federal agencies or provide funding to non-Federal entities through
grants, cooperative agreements, or contracts to carry out its duties
under this section.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Amounts.--In each of fiscal years 2000 through 2005, there are
authorized to be appropriated for the Office $200,000,000.
(b) Set-Asides.--Of the amounts appropriated for the Office in each
of fiscal years 2000 through 2005--
(1) $40,000,000 shall only be available for the regional
National Law Enforcement and Corrections Technology Centers;
(2) $60,000,000 shall only be available for research and
development of forensic technologies and methods to improve
crime laboratories;
(3) $20,000,000 shall only be available for development of
standards and for the testing and evaluation of technologies;
(4) $10,000,000 shall only be available for salaries and
expenses; and
(5) not more than 5 percent of funds appropriated for the
Office shall be available for expenditure under the provisions
enacted in the Intergovernmental Personnel Act of 1970 (Public
Law 91-648; 84 Stat. 1909) and the Systems Engineering and
Technical Assistance program.
(c) Non-Federal Research.--(1) Of the funds available to the Office
in any fiscal year for research and development, 75 percent shall be
available only for non-Federal entities through a competitive process.
Continuing funding through competitive awards made in prior years shall
apply toward such amount.
(2) Of the funds expended by the Office in any fiscal year for
testing and evaluation, 75 percent shall be made available to non-
Federal entities through a competitive process. Continuing funding
through competitive awards made in prior years shall apply toward such
amount.
(d) Reductions.--If, in any of fiscal years 2001 through 2005, an
amount less than $200,000,000 is appropriated for the Office, the
amounts in subsection (b)(1), (2), and (3) shall be reduced in
proportion to the amount appropriated.
SEC. 5. ANNUAL REPORT.
Not later than February 1 of each year, the Director of the Office
shall submit to the President and Congress a report on the state of law
enforcement technology.
SEC. 6. DEFINITION.
For the purposes of this Act, the term ``law enforcement
technology'' includes investigative and forensic technologies,
corrections technologies, and technologies that support the judicial
process. | (Sec. 3) Declares that the mission of OST shall be to: (1) serve as the national focal point for work on law enforcement technology; and (2) carry out programs to improve the safety and effectiveness of, and access to, technology to assist Federal, State, and local law enforcement agencies.
Sets forth the duties of OST, including to: (1) establish advisory groups to assess the technology needs of Federal, State, and local law enforcement agencies; (2) establish technical and use standards for, and test and evaluate technologies that may be used by, such agencies; (3) conduct research and development in fields that would improve the safety, effectiveness, and efficiency of technologies used by such agencies; and (4) serve as a clearinghouse for information on law enforcement technologies.
Sets forth provisions regarding coordination with Federal agencies, publications, and transfer of funds by OST to other Federal agencies or provide funding to non-Federal entities.
(Sec. 4) Authorizes appropriations for OST. Sets aside specified sums for: (1) regional National Law Enforcement and Corrections Technology Centers ; (2) research and development of forensic technologies and methods to improve crime laboratories; (3) development of standards and for the testing and evaluation of technologies; (4) salaries and expenses; and (5) expenditure under the provisions enacted in the Intergovernmental Personnel Act of 1970 and the Systems Engineering and Technical Assistance Program (limited to not more than five percent of funds appropriated for OST).
Sets forth provisions regarding: (1) non-Federal research; and (2) reductions of funding under this Act in proportion to the amount appropriated if less than $200 million is appropriated for OST in any of fiscal years 2001 through 2005.
(Sec. 5) Requires the Director of OST to submit annual reports to the President and Congress on the state of law enforcement technology. | {"src": "billsum_train", "title": "Law Enforcement Science and Technology Act of 2000"} | 1,443 | 394 | 0.620025 | 2.072261 | 0.98224 | 4.872 | 3.789333 | 0.914667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Malala Yousafzai Scholarship Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) On October 9, 2012, Malala Yousafzai was shot in the
head by Pakistani Taliban on her way home from school.
(2) In late 2008, Malala began writing a blog for BBC Urdu
under a pseudonym pressing the case for access to education for
women and girls despite objections from the Pakistani Taliban.
(3) Malala's advocacy for the education of women and girls
made her a target of the Taliban.
(4) The Taliban called Malala's efforts to highlight the
need for education for women and girls an ``obscenity''.
(5) On July 12, 2013, Malala celebrated her 16th birthday
by delivering a speech before the United Nations General
Assembly in which she said, ``So let us wage a glorious
struggle against illiteracy, poverty, and terrorism. Let us
pick up our books and our pens. They are the most powerful
weapons. One child, one teacher, one book, and one pen can
change the world. Education is the only solution.''.
(6) According to the United Nation's 2012 Education for All
Global Monitoring Report, ``Pakistan has the second largest
number of children out of school [in the world]'' and ``nearly
half of rural females have never been to school.''.
(7) According to the World Bank, ``The benefits of women's
education go beyond higher productivity for 50 percent of the
population. More educated women also tend to be healthier,
participate more in the formal labor market, earn more income,
have fewer children, and provide better health care and
education to their children, all of which eventually improve
the well-being of all individuals and lift households out of
poverty. These benefits also transmit across generations, as
well as to their communities at large.''.
(8) According to United Nation's 2012 Education For All
Global Monitoring Report, ``education can make a big difference
to women's earnings. In Pakistan, women with a high level of
literacy earned 95 percent more than women with no literacy
skills.''.
(9) In January 2010, Secretary of State Hillary Rodham
Clinton stated, ``We will open the doors of education to all
citizens, but especially to girls and women * * * We are doing
all of these things because we have seen that when women and
girls have the tools to stay healthy and the opportunity to
contribute to their families'' well-being, they flourish and so
do the people around them.
(10) The United States provides critical foreign assistance
to Pakistan's education sector to improve access to and the
quality of basic and higher education.
(11) The Merit and Needs-Based Scholarship Program
administered by the United States Agency for International
Development (USAID) awards scholarships to academically
talented, financially needy Pakistani students from all
regions, including remote areas of the country, to pursue
bachelor's or master's degrees at participating Pakistani
universities.
(12) Fifty percent of the 974 Merit and Needs-Based
Scholarships awarded during fiscal year 2013 were awarded to
Pakistani women. Historically, only 25 percent of such
scholarships have been awarded to women. Starting in the fall
of 2013, USAID has committed to provide 50 percent of all
scholarships to women.
(13) The United Nations declared July 12, 2013, as ``Malala
Day''--a global day of support for and recognition of Malala's
bravery and courage in promoting women's education.
(14) On October 10, 2014, Malala Yousafzai became the co-
recipient of the Nobel Peace Prize for her ``struggle against
the suppression of children and young people and for the right
of all children to education''.
(15) On December 10, 2012, the United Nations and the
Government of Pakistan launched the ``Malala Fund for Girls'
Education'' to improve girls' access to education worldwide,
with Pakistan donating the first $10,000,000 to the Fund.
(16) More than 1,000,000 people around the world have
signed the United Nations Special Envoy for Global Education
petition calling on the Government of Pakistan to enroll every
boy and girl in primary school.
(17) Pakistani civil society organizations collected almost
2,000,000 signatures from Pakistanis on a petition dedicated to
Malala's cause of education for all.
(18) Engagement with Pakistani diaspora communities in the
United States, who have unique perspectives, access, and
opportunities to contribute to stability and economic growth in
Pakistan, will be a critical element of a successful United
States program to promote greater access to education for women
and girls.
SEC. 3. SENSE OF CONGRESS.
(a) In General.--It is the sense of Congress that--
(1) every individual should have the opportunity to pursue
an education;
(2) every individual, regardless of gender, should have the
opportunity to pursue an education without fear of
discrimination;
(3) educational exchanges promote institutional linkages
between the United States and Pakistan; and
(4) recipients of scholarships referred to in section 4
should commit to improving their local communities.
(b) Continued Support for Educational Initiatives in Pakistan.--
Congress encourages the Department of State and the United States
Agency for International Development to continue their support for
initiatives led by the Government of Pakistan and Pakistani civil
society that promote education in Pakistan, especially education for
women.
SEC. 4. MERIT AND NEEDS-BASED SCHOLARSHIP PROGRAM.
(a) In General.--The Administrator of the United States Agency for
International Development (referred to in this Act as the ``USAID
Administrator'') shall award at least 50 percent of the number of
scholarships under the Merit and Needs-Based Scholarship Program
(referred to in this Act as the ``Program'') to women for each of the
calendar years 2014 through 2016.
(b) Limitations.--
(1) Criteria.--The scholarships available under subsection
(a) may only be awarded in accordance with other scholarship
eligibility criteria already established by USAID.
(2) Academic disciplines.--Scholarships authorized under
subsection (a) shall be awarded for a range of disciplines to
improve the employability of graduates and to meet the needs of
the scholarship recipients.
(3) Other scholarships.--The USAID Administrator shall make
every effort to award 50 percent of the scholarships available
under the Program to Pakistani women.
(c) Leveraging Investment.--The USAID Administrator shall, to the
greatest extent practicable, consult with and leverage investments by
the Pakistani private sector and Pakistani diaspora communities in the
United States as part of USAID's greater effort to improve the quality
of, expand access to, and ensure sustainability of education programs
in Pakistan.
SEC. 5. ANNUAL CONGRESSIONAL BRIEFING.
(a) In General.--The USAID Administrator shall designate
appropriate USAID officials to brief the appropriate congressional
committees, not later than 1 year after the date of enactment of this
Act, and annually thereafter for the next 3 years, on the
implementation of section 4.
(b) Contents.--The briefing described in subsection (a) shall
include, among other relevant information, for the most recently
concluded fiscal year--
(1) the total number of scholarships that were awarded
through the Program, including a breakdown by gender;
(2) the disciplines of study chosen by the scholarship
recipients;
(3) the percentage of the scholarships that were awarded to
students seeking a bachelor's degree or a master's degree,
respectively;
(4) the percentage of scholarship recipients who
voluntarily dropped out of school or were involuntarily pushed
out of the program for failure to meet program requirements;
and
(5) the percentage of scholarship recipients who dropped
out of school due to retaliation for seeking an education, to
the extent that such information is available.
Passed the House of Representatives November 19, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Malala Yousafzai Scholarship Act - (Sec. 3) Expresses the sense of Congress that: (1) every individual, regardless of gender, should have the opportunity to pursue an education free from the fear of discrimination; (2) educational exchanges promote institutional linkages between the United States and Pakistan; and (3) recipients of scholarships under the Merit and Needs-Based Scholarship Program (Program) should commit to improving their local communities. (The Program awards scholarships for university study to academically talented, financially needy Pakistani students.) Encourages the State Department and the U.S. Agency for International Development (USAID) to continue to support Pakistani education initiatives, especially those for women. (Sec. 4) Directs the USAID Administrator to award at least 50% of the scholarships available under the Program to women for each of calendar years 2014-2016. Requires the scholarships to be awarded: (1) in accordance with existing scholarship criteria, and (2) for a range of disciplines to improve the employability of graduates and to meet the needs of the scholarship recipients. Directs the USAID Administrator to: (1) make every effort to award 50% of the scholarships available under the Program to Pakistani women; and (2) consult with, and leverage investments by, the Pakistani private sector and Pakistani diaspora communities in the United States to improve, expand, and sustain education programs in Pakistan. (Sec. 5) Requires the USAID to brief Congress, annually for the next four years, on the implementation of this Act's requirements, including specified information regarding Program scholarships. | {"src": "billsum_train", "title": "Malala Yousafzai Scholarship Act"} | 1,734 | 339 | 0.457536 | 1.657775 | 0.722608 | 3.79538 | 5.471947 | 0.943894 |
SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) Title 32 (National Guard) Amendments.--
(1) Definitions.--Section 101 of title 32, United States
Code, is amended--
(A) in paragraph (4), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,'';
(B) in paragraph (6), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''; and
(C) in paragraph (19), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(2) Branches and organizations.--Section 103 of title 32,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(3) Units: location; organization; command.--Section 104 of
title 32, United States Code, is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,'';
(B) in subsection (c), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(C) in subsection (d), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(4) Availability of appropriations.--Section 107(b) of
title 32, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(5) Maintenance of other troops.--Section 109 of title 32,
United States Code, is amended by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(6) Drug interdiction and counter-drug activities.--Section
112(h)(3) of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(7) Enlistment oath.--Section 304 of title 32, United
States Code, is amended by striking ``or of Puerto Rico'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(8) Adjutants general.--Section 314 of title 32, United
States Code, is amended by striking ``Puerto Rico,'' both
places it appears and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(9) Detail of regular members.--Section 315 of title 32,
United States Code, is amended by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(10) Termination of appointment.--Section 324(b) of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(11) Relief from national guard duty when ordered to active
duty.--Section 325 of title 32, United States Code, is
amended--
(A) in subsection (a), by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''; and
(B) in subsection (b), by striking ``Puerto Rico''
and inserting ``Puerto Rico or the Commonwealth of the
Northern Mariana Islands''.
(12) Composition of courts-martial.--Section 326 of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(13) Convening authority of courts-martial.--Section 327(a)
of title 32, United States Code, is amended by striking
``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(14) Governor's authority.--Section 328(a) of title 32,
United States Code, is amended by striking ``or the
Commonwealth of Puerto Rico,'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(15) Training generally.--Section 501(b) of title 32,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(16) Support of training operations and training
missions.--Section 502(f)(2)(B)(i) of title 32, United States
Code, is amended by striking ``or the Commonwealth of Puerto
Rico'' and inserting ``, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(17) Participation in field exercises.--Section 503(b) of
title 32, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(18) National guard schools and small arms competitions.--
Section 504(b) of title 32, United States Code, is amended by
striking ``Puerto Rico'' and inserting ``, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(19) Attendance at army and air force schools.--Section 505
of title 32, United States Code, is amended in the first
sentence by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(20) National guard youth challenge program.--Section
509(l)(1) of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(21) Issue of supplies.--Section 702 of title 32, United
States Code, is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsections (b), (c), and (d), by striking
``Puerto Rico'' each place it appears and inserting
``the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands,''.
(22) Purchases of supplies from army or air force.--Section
703 of title 32, United States Code, is amended by striking
``Puerto Rico,'' both places it appears and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(23) Accountability.--Section 704 of title 32, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(24) Property and fiscal officers.--Section 708 of title
32, United States Code, is amended by striking ``Puerto Rico,''
both places it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(25) Employment, use, and status of technicians.--Section
709(a)(3)(C) of title 32, United States Code, is amended by
striking ``or the Commonwealth of Puerto Rico'' and inserting
``, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(26) Accountability for property issued to the national
guard.--Section 710 of title 32, United States Code, is amended
by striking ``Puerto Rico,'' each place it appears and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(27) Disposition of obsolete or condemned property.--
Section 711 of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(28) Disposition of proceeds of condemned stores issued to
national guard.--Section 712(1) of title 32, United States
Code, is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(29) Settlements for property loss, personal injury, or
death.--Section 715(c) of title 32, United States Code, is
amended by striking ``or Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands''.
(30) Homeland defense activities.--Section 901(2) of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(b) Title 10 Amendments.--
(1) Definitions.--Section 101 of title 10, United States
Code, is amended--
(A) in subsection (c)--
(i) in paragraph (2), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(ii) in paragraph (4), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(B) in subsection (d)(5), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(2) Militia duty exemptions.--Section 312(a)(2) of title
10, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(3) Articles of uniform.--Section 771a(c) of title 10,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(4) Military powers of attorney.--Section 1044b(d) of title
10, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(5) Advance medical directives of members and dependents.--
Section 1044c(e)(1) of title 10, United States Code, is amended
by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(6) Detail of army national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 4301(c) of title 10, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(7) Detail of air national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 9301(c) of title 10, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(8) Definition of state for division e.--Section 10001 of
title 10, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(9) Training of military technicians (dual status).--
Section 10216(a)(3)(C) of title 10, United States Code, is
amended by striking ``or the Commonwealth of Puerto Rico'' and
inserting ``, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(10) Commissioned officers original appointment.--Section
12204(b) of title 10, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(11) Detail for organizing, administering, etc., reserve
components.--Section 12310 of title 10, United States Code, is
amended--
(A) in subsection (b)(4), by striking ``or the
Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsection (c)(7), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(12) Standards and qualifications for commissioned
officers.--Section 12642(c) of title 10, United States Code, is
amended by striking ``Puerto Rico,'' and inserting ``the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(13) Facilities for reserve components.--Section 18232(1)
of title 10, United States Code, is amended by striking
``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(c) Title 37 Definitions.--Section 101 of title 37, United States
Code, is amended--
(1) in paragraph (7), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''; and
(2) in paragraph (9), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''. | Authorizes the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands. | {"src": "billsum_train", "title": "To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands."} | 3,327 | 22 | 0.618545 | 1.266175 | -0.315682 | 7.277778 | 155.722222 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sickle Cell Treatment Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Sickle Cell Disease (in this section referred to as
``SCD'') is an inherited disease of red blood cells that is a
major health problem in the United States.
(2) Approximately 70,000 Americans have SCD and
approximately 1,800 American babies are born with the disease
each year. SCD also is a global problem with close to 300,000
babies born annually with the disease.
(3) In the United States, SCD is most common in African-
Americans and in those of Hispanic, Mediterranean, and Middle
Eastern ancestry. Among newborn American infants, SCD occurs in
approximately 1 in 300 African-Americans, 1 in 36,000
Hispanics, and 1 in 80,000 Caucasians.
(4) More than 2,500,000 Americans, mostly African-
Americans, have the sickle cell trait. These Americans are
healthy carriers of the sickle cell gene who have inherited the
normal hemoglobin gene from 1 parent and the sickle gene from
the other parent. A sickle cell trait is not a disease, but
when both parents have the sickle cell trait, there is a 1 in 4
chance with each pregnancy that the child will be born with
SCD.
(5) Children with SCD may exhibit frequent pain episodes,
entrapment of blood within the spleen, severe anemia, acute
lung complications, and priapism. During episodes of severe
pain, spleen enlargement, or acute lung complications, life
threatening complications can develop rapidly. Children with
SCD are also at risk for septicemia, meningitis, and stroke.
Children with SCD at highest risk for stroke can be identified
and, thus, treated early with regular blood transfusions for
stroke prevention.
(6) The most feared complication for children with SCD is a
stroke (either overt or silent) occurring in 30 percent of the
children with sickle cell anemia prior to their 18th birthday
and occurring in infants as young as 18 months of age. Students
with SCD and silent strokes may not have any physical signs of
such disease or strokes but may have a lower educational
attainment when compared to children with SCD and no strokes.
Approximately 60 percent of students with silent strokes have
difficulty in school, require special education, or both.
(7) Many adults with SCD have acute problems, such as
frequent pain episodes and acute lung complications that can
result in death. Adults with SCD can also develop chronic
problems, including pulmonary disease, pulmonary hypertension,
degenerative changes in the shoulder and hip joints, poor
vision, and kidney failure.
(8) The average life span for an adult with SCD is the mid-
40s. While some patients can remain without symptoms for years,
many others may not survive infancy or early childhood. Causes
of death include bacterial infection, stroke, and lung, kidney,
heart, or liver failure. Bacterial infections and lung injuries
are leading causes of death in children and adults with SCD.
(9) As a complex disorder with multisystem manifestations,
SCD requires specialized comprehensive and continuous care to
achieve the best possible outcome. Newborn screening, genetic
counseling, and education of patients and family members are
critical preventative measures that decrease morbidity and
mortality, delaying or preventing complications, in-patient
hospital stays, and increased overall costs of care.
(10) Stroke in the adult SCD population commonly results in
both mental and physical disabilities for life.
(11) Currently, one of the most effective treatments to
prevent or treat an overt stroke or a silent stroke for a child
with SCD is at least monthly blood transfusions throughout
childhood for many, and throughout life for some, requiring
removal of sickle blood and replacement with normal blood.
(12) With acute lung complications, transfusions are
usually required and are often the only therapy demonstrated to
prevent premature death.
SEC. 3. INCLUSION OF PRIMARY AND SECONDARY PREVENTATIVE MEDICAL
STRATEGIES FOR CHILDREN AND ADULTS WITH SICKLE CELL
DISEASE AS MEDICAL ASSISTANCE UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(26);
(B) by redesignating paragraph (27) as paragraph
(28); and
(C) by inserting after paragraph (26), the
following:
``(27) subject to subsection (x), primary and secondary
preventative medical strategies, including prophylaxes, and
treatment and services for individuals who have Sickle Cell
Disease; and''; and
(2) by adding at the end the following:
``(x) For purposes of subsection (a)(27), the strategies,
treatment, and services described in that subsection include the
following:
``(1) Chronic blood transfusion (with deferoxamine
chelation) to prevent stroke in individuals with Sickle Cell
Disease who have been identified as being at high risk for
stroke.
``(2) Genetic counseling and testing for individuals with
Sickle Cell Disease or the sickle cell trait.
``(3) Other treatment and services to prevent individuals
who have Sickle Cell Disease and who have had a stroke from
having another stroke.''.
(b) Federal Reimbursement for Education and Other Services Related
to the Prevention and Treatment of Sickle Cell Disease.--Section
1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is
amended--
(1) in subparagraph (D), by striking ``plus'' at the end
and inserting ``and''; and
(2) by adding at the end the following:
``(E) 50 percent of the sums expended with respect
to costs incurred during such quarter as are
attributable to providing--
``(i) services to identify and educate
individuals who have Sickle Cell Disease or who
are carriers of the sickle cell gene, including
education regarding how to identify such
individuals; or
``(ii) education regarding the risks of
stroke and other complications, as well as the
prevention of stroke and other complications,
in individuals who have Sickle Cell Disease;
plus''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act and apply to medical
assistance and services provided under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) on or after that date, without regard to
whether final regulations to carry out such amendments have been
promulgated by such date.
SEC. 4. DEMONSTRATION PROGRAM FOR THE DEVELOPMENT AND ESTABLISHMENT OF
SYSTEMIC MECHANISMS FOR THE PREVENTION AND TREATMENT OF
SICKLE CELL DISEASE.
(a) Authority To Conduct Demonstration Program.--
(1) In general.--The Administrator, through the Bureau of
Primary Health Care and the Maternal and Child Health Bureau,
shall conduct a demonstration program by making grants to up to
40 eligible entities for each fiscal year in which the program
is conducted under this section for the purpose of developing
and establishing systemic mechanisms to improve the prevention
and treatment of Sickle Cell Disease, including through--
(A) the coordination of service delivery for
individuals with Sickle Cell Disease;
(B) genetic counseling and testing;
(C) bundling of technical services related to the
prevention and treatment of Sickle Cell Disease;
(D) training of health professionals; and
(E) identifying and establishing other efforts
related to the expansion and coordination of education,
treatment, and continuity of care programs for
individuals with Sickle Cell Disease.
(2) Grant award requirements.--
(A) Geographic diversity.--The Administrator shall,
to the extent practicable, award grants under this
section to eligible entities located in different
regions of the United States.
(B) Priority.--In awarding grants under this
section, the Administrator shall give priority to
awarding grants to eligible entities that are--
(i) Federally-qualified health centers that
have a partnership or other arrangement with a
comprehensive Sickle Cell Disease treatment
center that does not receive funds from the
National Institutes of Health; or
(ii) Federally-qualified health centers
that intend to develop a partnership or other
arrangement with a comprehensive Sickle Cell
Disease treatment center that does not receive
funds from the National Institutes of Health.
(b) Additional Requirements.--An eligible entity awarded a grant
under this section shall use funds made available under the grant to
carry out, in addition to the activities described in subsection
(a)(1), the following activities:
(1) To facilitate and coordinate the delivery of education,
treatment, and continuity of care for individuals with Sickle
Cell Disease under--
(A) the entity's collaborative agreement with a
community-based Sickle Cell Disease organization or a
nonprofit entity that works with individuals who have
Sickle Cell Disease;
(B) the Sickle Cell Disease newborn screening
program for the State in which the entity is located;
and
(C) the maternal and child health program under
title V of the Social Security Act (42 U.S.C. 701 et
seq.) for the State in which the entity is located.
(2) To train nursing and other health staff who specialize
in pediatrics, obstetrics, internal medicine, or family
practice to provide health care and genetic counseling for
individuals with the sickle cell trait.
(3) To enter into a partnership with adult or pediatric
hematologists in the region and other regional experts in
Sickle Cell Disease at tertiary and academic health centers and
State and county health offices.
(4) To identify and secure resources for ensuring
reimbursement under the medicaid program, State children's
health insurance program, and other health programs for the
prevention and treatment of Sickle Cell Disease, including the
genetic testing of parents or other appropriate relatives of
children with Sickle Cell Disease and of adults with Sickle
Cell Disease.
(c) National Coordinating Center.--
(1) Establishment.--The Administrator shall enter into a
contract with an entity to serve as the National Coordinating
Center for the demonstration program conducted under this
section.
(2) Activities described.--The National Coordinating Center
shall--
(A) collect, coordinate, monitor, and distribute
data, best practices, and findings regarding the
activities funded under grants made to eligible
entities under the demonstration program;
(B) develop a model protocol for eligible entities
with respect to the prevention and treatment of Sickle
Cell Disease;
(C) develop educational materials regarding the
prevention and treatment of Sickle Cell Disease; and
(D) prepare and submit to Congress a final report
that includes recommendations regarding the
effectiveness of the demonstration program conducted
under this section and such direct outcome measures
as--
(i) the number and type of health care
resources utilized (such as emergency room
visits, hospital visits, length of stay, and
physician visits for individuals with Sickle
Cell Disease); and
(ii) the number of individuals that were
tested and subsequently received genetic
counseling for the sickle cell trait.
(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Administrator at such time,
in such manner, and containing such information as the Administrator
may require.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Health Resources and Services
Administration.
(2) Eligible entity.--The term ``eligible entity'' means a
Federally-qualified health center, a nonprofit hospital or
clinic, or a university health center that provides primary
health care, that--
(A) has a collaborative agreement with a community-
based Sickle Cell Disease organization or a nonprofit
entity with experience in working with individuals who
have Sickle Cell Disease; and
(B) demonstrates to the Administrator that either
the Federally-qualified health center, the nonprofit
hospital or clinic, the university health center, the
organization or entity described in subparagraph (A),
or the experts described in subsection (b)(3), has at
least 5 years of experience in working with individuals
who have Sickle Cell Disease.
(3) Federally-qualified health center.--The term
``Federally-qualified health center'' has the meaning given
that term in section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2004 through 2009. | Sickle Cell Treatment Act of 2003 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to include primary and secondary preventative medical strategies, treatment, and services, including genetic counseling and testing, for individuals who have Sickle Cell Disease as medical assistance under the Medicaid program.Directs the Administrator of the Health Resources and Services Administration to conduct a demonstration program for the development and establishment of systemic mechanisms, including a National Coordinating Center, to improve the prevention and treatment of Sickle Cell Disease. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to include primary and secondary preventative medical strategies for children and adults with Sickle Cell Disease as medical assistance under the Medicaid Program, and for other purposes."} | 2,803 | 114 | 0.335979 | 0.94575 | 0.580271 | 4.556701 | 26.484536 | 0.969072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Family Values at the Border
Act''.
SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.
(a) Procedures for Migration Deterrence Programs at the Border.--In
any migration deterrence program carried out at a border, the Secretary
and any cooperating entity shall for each apprehended individual--
(1) as soon as practicable after such individual is
apprehended--
(A) inquire through a standardized procedure that
shall be established by the Secretary not later than 90
days after the date of the enactment of this Act, as to
whether such apprehended individual is--
(i) a parent, legal guardian, or primary
caregiver of a child; or
(ii) traveling with a spouse, child, or
sibling; and
(B) ascertain whether repatriation of such
apprehended individual presents any humanitarian
concern or concern related to such apprehended
individual's physical safety; and
(2) ensure that, with respect to a decision related to the
repatriation or referral for prosecution of such apprehended
individual, due consideration is given to--
(A) the best interests of such apprehended
individual's child;
(B) family unity whenever possible; and
(C) other public interest factors, including
humanitarian concerns and concerns related to such
apprehended individual's physical safety.
(b) Mandatory Training.--The Secretary, in consultation with the
Secretary of Health and Human Services, the Attorney General, the
Secretary of State, and independent immigration, child welfare, family
law, and human rights law experts, shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and cooperating
entities who come into contact with apprehended individuals
regarding legal authorities, policies, and procedures relevant
to the preservation of a child's best interest, family unity,
and other public interest factors, including factors described
in subsection (a); and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and changes
in relevant legal authorities, policies, and procedures
referred to in paragraph (1).
(c) Annual Report on the Impact of Migration Deterrence Programs at
the Border.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to Congress a report that describes the
impact of migration deterrence programs on parents, legal
guardians, primary caregivers of a child, individuals traveling
with a spouse, child, or sibling, and individuals who present
humanitarian considerations or concerns related to such
individual's physical safety.
(2) Contents.--Each report required under paragraph (1)
shall include for the previous year period an assessment of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the
parent, legal guardian, or primary caregiver of a child
who is a citizen of the United States;
(B) the number of occasions in which both parents,
or the primary caretaker of such a child was removed,
repatriated, or referred for prosecution as part of a
migration deterrence program;
(C) the number of apprehended individuals traveling
with a spouse, parent, grandparent, sibling, or child
who are removed, repatriated, or referred for
prosecution; and
(D) the impact of migration deterrence programs on
public interest factors, including humanitarian
concerns and physical safety.
(d) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement this section.
SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES.
(a) Certification Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and every 180 days thereafter, the
Secretary, except as provided in paragraph (2), shall submit to
Congress written certification that the Department has deported
or otherwise removed for a violation of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) an apprehended
individual from the United States through an entry or exit
point on the southern border only during daylight hours.
(2) Exception.--The certification required under paragraph
(1) shall not apply to the deportation or removal of an
apprehended individual otherwise described in such paragraph
if--
(A) the manner of such deportation or removal is
justified by a compelling governmental interest; and
(B) such apprehended individual is not a child and
such apprehended individual agrees to be deported or
removed in such manner after being notified of the
intended manner of deportation or removal.
(b) Consultation.--The Secretary shall consult with the Secretary
of State and with local service providers at ports of entry, including
shelters, hospitals, and centers for deported women and children, when
negotiating or renegotiating agreements with the Government of Mexico
and State and local entities governing arrangements for the deportation
or removal of apprehended individuals to determine appropriate hours,
subject to subsection (a), for conducting deportations and removals,
and identifying safety concerns at deportation and removal sites.
SEC. 4. SHORT-TERM CUSTODY STANDARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the head of
the Office of Civil Rights and Civil Liberties of the Department, shall
promulgate regulations establishing short-term custody standards
providing for basic minimums of care at all U.S. Customs and Border
Protection (CBP) facilities holding individuals in CBP custody,
including--
(1) Border Patrol stations;
(2) ports of entry;
(3) checkpoints;
(4) forward operating bases;
(5) secondary inspection areas; and
(6) short-term custody facilities.
(b) Requirements.--The regulations promulgated in accordance with
subsection (a) shall ensure that detention space capacity will not be
exceeded except in emergency circumstances, and that all individuals in
CBP custody receive--
(1) potable water and a snack, and, if detained for more
than five hours, a nutritious meal with regular nutritious
meals (at least one of which daily must be heated), and snacks,
thereafter;
(2) medically appropriate meals or snacks if such
individuals are pregnant or have medical needs;
(3) access to bathroom facilities, as well as basic
toiletries and hygiene items, including soap, a toothbrush,
toilet paper, and other items appropriate for the age and
gender identification of such individuals, such as diapers and
feminine hygiene products;
(4) a cot, clean linens, and blankets, if detained for more
than five hours;
(5) adequate lighting and climate control that achieves a
reasonable indoor temperature;
(6) a physical and mental health screening conducted
promptly upon arrival in a manner that complies with the
requirements for such screenings specified in the currently
applicable National Commission for Correctional Health Care
Jails Standards, as well as information about the availability
of, and access to, health care services that is communicated in
a form and language such individuals are known to understand;
(7) immediate physical and mental health needs addressed by
a qualified health care professional as soon as possible;
(8) prompt notice of the ability to make one telephone call
at any time after arrest, telephone access to make such call,
and the phone numbers to file a complaint with the Office of
the Inspector General of the Department and the Office for
Civil Rights and Civil Liberties of the Department;
(9) to the extent practicable, a reasonable accommodation
to respect such individuals' religious practices;
(10) all protections under the Prison Rape Elimination Act
of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except
that certain protections shall not apply at a particular CBP
facility if the Commissioner of CBP determines that
implementation at that particular facility of such a protection
would be impracticable;
(11) safe transport, including prevention of sexual assault
during transfer, including in subcontracted transportation
services, while such individuals are transported from a CBP
facility; and
(12) an administrative exit interview, upon release from
CPB custody and after individuals have an opportunity to
receive and review their belongings, with translations as
necessary, which contains the questions described in subsection
(c), or substantially similar questions.
(c) Exit Interview Questions.--The questions described in this
section are as follows:
(1) Have all belongings, including money and identification
been returned to you?
(2) Were you apprehended with family members? If so, have
you received information about where your family member is and
how and when you may be reunited?
(3) Have you received information about how to file a
complaint?
(4) Do you wish to file a complaint now about your
treatment or conditions while in CPB custody?
(d) Further Provisions.--The Commissioner of CBP shall ensure that
all individuals in CBP custody--
(1) have regular access to consular officials and
Government-funded legal service providers through confidential
in-person visits or telephonic communications;
(2) receive copies of all signed documents; and
(3) are transferred to an appropriate U.S. Immigration and
Customs Enforcement or Department of Health and Human Services
Office of Refugee Resettlement facility or are released from
short-term custody within 72 hours of apprehension.
(e) Surveillance of Certain Individuals in CBP Custody.--The
Commissioner of CBP shall ensure constant surveillance of an individual
in CBP custody who exhibits signs of hostility, depression, or similar
behaviors, or who is reasonably known to pose an elevated suicide risk.
(f) Physical and Mental Health Assessment.--The Commissioner of CBP
shall ensure that individuals in CBP custody for more than 24 hours,
receive, in addition to the physical and mental health screening
specified in subsection (b)(6), a physical and mental health assessment
by a qualified healthcare professional. To the extent practicable, such
individuals with known or readily apparent disabilities, including
temporary disabilities, shall be housed in a manner that accommodates
their mental or physical condition, or both, and provides for the
safety, comfort, and security of such individuals.
(g) Return of Certain Belongings.--Any lawful, nonperishable
belongings of an individual in CBP custody that are confiscated by
personnel operating under Federal authority shall be returned to such
individual prior to the deportation or removal of such individual.
(h) Inspection of Short-Term Custody Facilities.--Short-term
custody facilities shall be inspected at least once every year by the
Department of Homeland Security Office for Civil Rights and Civil
Liberties, with the results made public without the need to submit a
request under section 552 of title 5, United States Code.
(i) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent opinion of
specific facilities and permit regular access to nongovernmental
organizations for human rights monitoring.
(j) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to--
(1) establish a publicly accessible online system to track
the location of individuals in CBP custody held in short-term
custody, and provide an online list of all locations with phone
numbers routinely used to hold individuals in short-term
custody;
(2) improve the education of individuals in CBP custody
regarding administrative procedures and legal rights under
United States immigration law, in consultation with the
Executive Office for Immigration Review; and
(3) ensure notification of the Office of Inspector General
and Department of Homeland Security Office for Civil Rights and
Civil Liberties within 48 hours of all instances in which--
(A) an individual in CBP custody has died,
including during transfer to another facility or while
being released; or
(B) an individual has died as the result of an
encounter with CBP.
(k) Annual Reports.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report that details all instances in which an
individual in CBP custody has died in the prior fiscal year, including
during transfer to another facility or while being released, as well as
all instances in which an individual has died as the result of an
encounter with CBP, and the result of any subsequent investigation.
Such reports shall also detail all instances in which an individual,
including an individual in the custody of CBP, has suffered serious
injuries requiring hospitalization as a result of the use of force by
CBP.
SEC. 5. DEFINITIONS.
In this Act:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating entity.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given such term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of one or more
apprehended individuals for a suspected or confirmed violation
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
by the Secretary or a cooperating entity.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279). | Protect Family Values at the Border Act The Department of Homeland Security (DHS) shall: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel. DHS, with certain exceptions, shall certify every 180 days that it has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. DHS shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody. | {"src": "billsum_train", "title": "Protect Family Values at the Border Act"} | 3,114 | 153 | 0.538174 | 1.628181 | 0.704723 | 4.244275 | 21.618321 | 0.916031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Fair Access to Veterans
Healthcare Act''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN.
(a) Establishment.--Subchapter I of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7310. Office of the Ombudsman
``(a) Establishment.--There is established in the Veterans Health
Administration an Office of the Ombudsman (in this section referred to
as the `Office'). The Office shall be headed by an Ombudsman appointed
by the Secretary. The Ombudsman shall report directly to and be under
the general supervision of the Secretary, but shall not report to, or
be subject to supervision by, any other officer of the Department of
Veterans Affairs. Neither the Secretary nor any other such officer may
prevent or prohibit the Ombudsman from carrying out the duties of the
Ombudsman.
``(b) Duties of Office.--The Office shall carry out the following
duties:
``(1) Identify, investigate, and resolve complaints that--
``(A) are made by, or on behalf of, covered
patients; and
``(B) relate to action, inaction, or decisions made
by employees of the Department that may adversely
affect the health, safety, welfare, or rights of
covered patients.
``(2) Assist covered patients in finding patient advocates,
veterans service organizations, or other similar entities to
represent and advocate for the health, safety, welfare, and
rights of the covered patient.
``(3) Inform covered patients of the means of obtaining
assistance described in paragraph (2).
``(4) Ensure that covered patients have regular and timely
access to the services provided by the Office, including with
respect to receiving timely responses to complaints.
``(5) Analyze, monitor, and provide comments and
suggestions to the Secretary with respect to the development
and implementation of actions made by the Secretary relating to
the health, safety, welfare, and rights of covered patients.
``(6) Administer the reporting system described in
subsection (d).
``(7) Provide training to local ombudsmen and volunteers
described in subsection (c).
``(8) Other activities that the Secretary considers
appropriate.
``(c) Local Ombudsmen.--(1) Using amounts otherwise authorized to
be appropriated for the medical facilities of the Department, each
medical facility shall have a local ombudsman responsible for carrying
out the duties of the Office at such location.
``(2) A local ombudsman shall--
``(A) carry out the assistance described in paragraph (2)
of subsection (b) to ensure the protection of the health,
safety, welfare, or rights of covered patients;
``(B) ensure that covered patients have regular, timely
access to the Office, including with respect to receiving
timely responses to complaints described in paragraph (1) of
such subsection;
``(C) identify, investigate, and determine how to resolve
such complaints; and
``(D) train local volunteers from civic organizations to
assist the local ombudsman by working directly with covered
patients to develop individual action plans relating to the
health, safety, welfare, and rights of the covered patient.
``(d) Reporting System.--The Ombudsman shall establish and
administer a uniform reporting system to collect and analyze data
relating to complaints described in subsection (b)(1) in order to
identify to the Secretary and determine how to resolve significant
problems in the medical facilities of the Department.
``(e) Cooperation.--The Secretary shall ensure that each medical
facility of the Department cooperates with the Office in carrying out
this section.
``(f) Annual Report.--The Ombudsman shall submit to the Secretary
and Congress an annual report that contains the following with respect
to the year covered by the report:
``(1) A description of the activities carried out by the
Office.
``(2) An analysis of the data described in subsection (d).
``(3) An evaluation of the problems experienced by, and the
complaints made by or on behalf of, covered patients.
``(4) Recommendations for--
``(A) improving the quality of care and life of
covered patients; and
``(B) protecting the health, safety, welfare, and
rights of covered patients.
``(5) An analysis of the success of the Office, including--
``(A) a description of the services provided to
covered patients as described in subsection (b)(2); and
``(B) an identification of barriers to the Office
for better carrying out the duties of the Office.
``(6) Any comments and suggestions described in subsection
(b)(5).
``(7) Any other information the Ombudsman considers
appropriate.
``(g) Covered Patient Described.--In this section, the term
`covered patient' means an individual who is receiving medical care or
hospital services at a medical facility of the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7309 the following new item:
``7310. Office of the Ombudsman.''. | Ensuring Fair Access to Veterans Healthcare Act This bill establishes in the Veterans Health Administration an Office of the Ombudsman, which shall: investigate and resolve complaints made by or on behalf of patients receiving medical care or hospital services at a Department of Veterans Affairs (VA) medical facility (covered patients) that relate to action, inaction, or decisions made by VA employees that may adversely affect such patients; assist covered patients in finding patient advocates, veterans service organizations, or other similar entities to advocate for their health, safety, welfare, and rights; ensure that covered patients have regular and timely access to Office services; administer the reporting system provided for by this Act; and provide training to local ombudsmen and volunteers. The Office shall establish a reporting system to collect and analyze complaint data in order to determine how to resolve significant VA medical facility problems. Each VA medical facility shall have a local ombudsman responsible for carrying out the duties of the Office at such location. | {"src": "billsum_train", "title": "Ensuring Fair Access to Veterans Healthcare Act"} | 1,149 | 208 | 0.670924 | 1.86187 | 0.95639 | 4.915789 | 5.863158 | 0.926316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Excessive Speculation Act of
2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as scores of recent academic and governmental studies,
reports, and analyses have shown, unlimited and excessive
speculation in commodity markets causes harm to consumers and
commodity-dependent businesses of the United States by
contributing to unnecessary volatility and unwarranted
increases in food and energy prices;
(2) for the purpose of diminishing, eliminating, or
preventing the burdens imposed on interstate commerce by
excessive speculation in commodities, section 4a(a)(1) of the
Commodity Exchange Act (7 U.S.C. 6a(a)(1)) directs the
Commodity Futures Trading Commission to proclaim and fix
speculative position limits, as necessary, on the amount of
commodity trading by any person, including any group or class
of traders other than bona fide hedgers;
(3) pursuant to the standards set forth in section 4a(a)(1)
of the Commodity Exchange Act (7 U.S.C. 6a(a)(1)), section
4a(a)(2) of that Act directs the Commodity Futures Trading
Commission to establish limits on the positions that may be
held by commodity traders, other than bona fide hedge
positions, and establishes a specific timetable for
implementation of those limits;
(4) the rulemaking authority of section 4a of the Commodity
Exchange Act (7 U.S.C. 6a) provides the Commodity Futures
Trading Commission with ample authority to impose meaningful
speculative position limits on commodity trading by individual
speculators, as well as position limits on the overall level of
speculative trading in the marketplace;
(5) in recent years, the interpretation of the Commodity
Futures Trading Commission of the term ``excessive
speculation'' has focused on the threat that singular,
concentrated positions pose to the liquidity and efficient
management of commodity trading;
(6) the historically narrow emphasis of the Commodity
Futures Trading Commission on the burden created by
concentrated speculative positions has deterred the Commission
from adopting additional measures to ensure that the aggregate
level of speculation in the market does not contribute to
unwarranted increases in commodity price levels;
(7) this Act clarifies that--
(A) one of the fundamental objectives of the
Commodity Exchange Act (7 U.S.C. 1 et seq.) is to
ensure that the commodity markets accurately reflect
the fundamental supply and demand for commodities; and
(B) the deterrence and prevention of excessive
speculation is an express purpose of that Act;
(8) in order to end decades of legal uncertainty and
regulatory ambiguity that has undermined enforcement efforts,
this Act defines the term ``excessive speculation'' and creates
legal presumptions that give rise to a determination that
excessive speculation is present in a commodity market; and
(9) the individual and aggregate position limits set forth
in this Act and applicable to energy contracts seek to
strengthen, and not replace, any limits established by the
Commodity Futures Trading Commission under the rulemaking
processes of the Commission.
SEC. 3. FINDINGS AND PURPOSE.
Section 3 of the Commodity Exchange Act (7 U.S.C. 5) is amended--
(1) in subsection (a), by striking ``, or'' and inserting
``that accurately reflect the fundamental supply and demand for
commodities, and''; and
(2) in subsection (b), in the second sentence, by inserting
``and excessive speculation'' after ``prevent price
manipulation''.
SEC. 4. FOREIGN BOARDS OF TRADE.
Section 4(b)(1)(A)(i) of the Commodity Exchange Act (7 U.S.C.
6(b)(1)(A)(i)) is amended by striking ``subject to comparable,
comprehensive'' and inserting the following: ``subject to--
``(I) rules and restrictions
prohibiting excessive speculation by
governmental authorities that are
comparable to the law, regulations, and
orders applicable to boards of trade in
the United States; and
``(II) comparable, comprehensive''.
SEC. 5. EXCESSIVE SPECULATION.
Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``Excessive speculation'' and inserting the
following:
``(A) Excessive speculation.--
``(i) In general.--Excessive speculation'';
(ii) by inserting after the first sentence
the following:
``(ii) Factors.--Excessive speculation in a
commodity market exists if speculative traders
have a substantial impact on price discovery.
``(iii) Presumption of excessive
speculation.--For purposes of this Act,
speculative traders shall be presumed to have a
substantial impact on price discovery if the
Commission determines that--
``(I) gross positions, long or
short, attributable to speculative
trading in a contract for future
delivery, an option on such a contract,
a swaps contract listed for trading on
a designated contract market, or a
swaps contract listed for trading on a
swaps execution facility exceed the
gross positions, long or short,
attributable to bona fide hedging
transactions traded in such a contract
or option; or
``(II) the average percentage of
open interest, long or short, held by
persons primarily engaged in
speculative trading during the most
recent 12-month period for which data
are available exceeds by more than 10
percent the average annual percentage
of open interest, long or short, held
by persons primarily engaged in
speculative trading during--
``(aa) the preceding 25-
year period; or
``(bb) if the interest is
held by the persons for less
than the 25-year period, the
period during which the
contract has been traded on a
designated contract market.'';
(iii) in the second sentence, by striking
``For the purpose of diminishing, eliminating,
or preventing such burden'' and inserting the
following:
``(B) Position limits.--
``(i) In general.--For the purpose of
diminishing, eliminating, or preventing the
burden on interstate commerce described in
subparagraph (A)(i)''; and
(iv) by designating the third, fourth,
fifth, and sixth sentences (as those sentences
existed before the amendments made by clauses
(i) through (iii)) as clauses (ii), (iii),
(iv), and (v), respectively, of subparagraph
(B) (as added by clause (iii));
(B) by redesignating paragraph (7) as paragraph
(8);
(C) by inserting after paragraph (6) the following:
``(7) Speculative position limits on energy contracts.--
``(A) Definitions.--In this paragraph:
``(i) Energy contract.--The term `energy
contract' means--
``(I) a contract referencing the
price of crude oil, gasoline, diesel
fuel, jet fuel, heating oil, or natural
gas and traded on a registered entity;
``(II) with respect to an
agreement, contract, or transaction
that settles against any price
(including the daily or final
settlement price) of one or more
contracts referencing the price of
crude oil, gasoline, diesel fuel, jet
fuel, heating oil, or natural gas and
listed for trading on a registered
entity, a contract traded on a foreign
board of trade that provides members or
other participants located in the
United States with direct access to the
electronic trading and order matching
system of the foreign board of trade;
and
``(III) swap contracts referencing
the price of crude oil, gasoline,
diesel fuel, jet fuel, heating oil, or
natural gas that perform or affect a
significant price discovery function
with respect to regulated entities.
``(ii) Excessive speculative position.--The
term `excessive speculative position' means a
position that affects--
``(I) in the spot month, more than
5 percent of the estimated deliverable
supply of the same commodity; and
``(II) in a single month or all
months combined, more than 5 percent of
the open interest in a contract.
``(B) Individual position limits on energy
contracts.--No person may hold or control an excessive
speculative position, long or short, in an energy
contract in any single market described in subclause
(I), (II), or (III) of subparagraph (A)(i) and
aggregated across all markets described in those
subclauses in the spot month, a single month, or all-
months combined.
``(C) Aggregate speculative position limits on
energy contracts.--
``(i) In general.--Not later than 45 days
after the date of enactment of the Anti-
Excessive Speculation Act of 2011, the
Commission shall issue an order that
establishes aggregate speculative position
limits for long energy contracts held by
speculators as a class of traders in any single
market described in subclause (I), (II), or
(III) of subparagraph (A)(i) and in all markets
described in those subclauses.
``(ii) Requirements.--The aggregate
speculative position limits shall be
established at levels that are not greater than
the average annual percentage of long open
interest held by speculators in any single
market described in subclause (I), (II), or
(III) of subparagraph (A)(i) and in all markets
described in those subclauses during--
``(I) the preceding 25-year period;
or
``(II) if the interest is held by
speculators for less than the 25-year
period, the period during which the
contract has been traded.
``(iii) Procedures.--To the extent
necessary, the order shall include transition
rules to ensure an orderly and gradual
reduction in aggregate speculative positions in
a manner that does not mandate or require the
unwinding of contracts and agreements existing
on the date of enactment of the Anti-Excessive
Speculation Act of 2011.
``(D) Exemption for bona fide energy hedging
transactions.--
``(i) Definition of bona fide energy
hedging.--
``(I) In general.--In this
subparagraph, the term `bona fide
energy hedging' means a transaction or
position that is proportionate and
economically appropriate for the
reduction of risks in the conduct and
management of a trade or business that
produces, processes, merchandises,
manufactures, or consumes an energy
commodity.
``(II) Exclusion.--For purposes of
this paragraph, the management of
financial risk associated with swaps or
other similar contracts, by itself,
shall not constitute bona fide energy
hedging.
``(ii) Exclusion.--For purposes of this
paragraph, bona fide energy hedging shall be
excluded when computing the positions held or
controlled by a person.
``(E) Anti-abuse regulatory authority.--The
Commission shall issue such rules, regulations, or
orders as are necessary--
``(i) to prevent persons from circumventing
or evading the speculative position limits
established under this paragraph; or
``(ii) to carry out the purpose of limiting
excessive speculation in energy markets.''; and
(D) in paragraph (8) (as redesignated by
subparagraph (B)), by striking ``The Commission'' and
inserting ``Except as provided in paragraph (7), the
Commission''. | Anti-Excessive Speculation Act of 2011 - Amends the Commodity Exchange Act to revise the registration requirements for foreign boards of trade. Directs the Commodity Futures Trading Commission (CFTC) to consider whether foreign boards are subject to rules and restrictions prohibiting excessive speculation by governmental authorities that are comparable to the law, regulations, and orders applicable to boards of trade in the United States.
Sets forth a presumption of excessive speculation if the CFTC, using specified criteria, determines that speculative traders in a commodity market have a substantial impact on price discovery.
Establishes individual position limits on energy contracts (referencing the price of crude oil, gasoline, diesel fuel, jet fuel, heating oil, or natural gas) that are applicable to long or short positions. Defines an "excessive speculative position" as a position that affects more than 5% of: (1) the estimated deliverable supply of the same commodity in the spot month, and (2) the open interest in a contract in a single month or all months combined.
Prohibits any person from holding or controlling an excessive speculative position, long or short, in an energy contract in any single market and aggregated across all markets in the spot month, a single month, or all-months combined.
Directs the CFTC to establish aggregate speculative position limits for long energy contracts held by speculators as a class of traders in any single market and in all markets. Requires that such positions be capped at the average annual percentage of long open interest held by speculators in any single energy contract market and in all such markets during the preceding 25-year period (or the period during which the contract has been traded if held for less than the 25-year period).
Excludes bona fide energy hedging from the computation of positions held or controlled by a person. Defines "bona fide energy hedging" as a transaction or position that is proportionate and economically appropriate for the reduction of risks in the conduct and management of a trade or business that produces, processes, merchandises, manufactures, or consumes an energy commodity. Declares that the management of financial risk associated with swaps or other similar contracts, by itself, shall not constitute bona fide hedging. | {"src": "billsum_train", "title": "To amend the Commodity Exchange Act to prevent excessive speculation in commodity markets and excessive speculative position limits on energy contracts, and for other purposes."} | 2,676 | 515 | 0.605833 | 2.055841 | 0.645931 | 4.447867 | 5.57346 | 0.936019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Rights-of-Way Permitting
Efficiency Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that, as of the date of enactment of this Act--
(1) the United States has been the world leader in Internet
and telecommunications technology growth, and the people of the
United States now rely on broadband connectivity as an
increasingly necessary part of daily life;
(2) broadband services are used by private citizens,
businesses, public groups, and government agencies throughout
the United States to communicate, access information, share
cultures, develop technologies, and grow economies nationally
and internationally;
(3) while wireless and broadband technologies have
contributed significantly to progress throughout the United
States, lack of broadband deployment to rural communities has
put rural parties at a greater disadvantage for economic
development; and
(4) delays in the permitting process are costly and
discouraging to broadband deployment and further discourage
broadband deployment to rural areas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Broadband project.--The term ``broadband project''
means a project under which a broadband provider installs
broadband infrastructure, including copper lines or fiber optic
lines, on Federal land.
(2) Broadband provider.--The term ``broadband provider''
means a facilities-based provider of broadband capability that
enables a user to originate and receive high-quality voice,
data, graphics, and video telecommunications.
(3) Operational right-of-way.--The term ``operational
right-of-way'' means all real property interests (including
easements) acquired for the construction or operation of a
project, including the locations of the roadway, bridges,
interchanges, culverts, drainage, clear zone, traffic control
signage, landscaping, copper and fiber optic lines, utility
shelters, and broadband infrastructure as installed by
broadband providers, and any rest areas with direct access to a
controlled access highway or the National Highway System.
(4) Project.--The term ``project'' has the meaning given
the term in section 101(a) of title 23, United States Code.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management
(including land held for the benefit of an Indian
tribe).
SEC. 4. STATE PERMITTING AUTHORITY.
(a) In General.--The Secretaries concerned shall jointly establish
a program under which any State may offer, and the Secretary concerned
shall agree, to enter into a memorandum of understanding with the
Secretary concerned to allow for the permitting of broadband within an
operational right-of-way in accordance with this section.
(b) Assumption of Responsibilities.--
(1) In general.--In entering into a memorandum of
understanding under this section, the Secretary concerned may
assign to the State, and the State may agree to assume, all or
part of the responsibilities of the Secretary concerned for
environmental review, consultation, or other action required
under any Federal environmental law pertaining to the review or
approval of a specific operational right-of-way broadband
project.
(2) State responsibility.--
(A) In general.--A State that assumes any
responsibility under paragraph (1) shall be subject to
the same procedural and substantive requirements as
would apply if the responsibility were carried out by
the Secretary concerned.
(B) Effect of assumption of responsibility.--A
State that assumes any responsibility under paragraph
(1) shall be solely responsible and solely liable for
carrying out, in lieu of the Secretary concerned, the
responsibilities assumed under that paragraph until
date on which the program is terminated under
subsection (f).
(C) Environmental review.--A State that assumes any
responsibility under paragraph (1) shall comply with
the environmental review procedures under part 771 of
title 23, Code of Federal Regulations (or successor
regulations).
(3) Federal responsibility.--Any responsibility of the
Secretary concerned described in paragraph (1) that is not
explicitly assumed by the State in the memorandum of
understanding shall remain the responsibility of the Secretary
concerned.
(c) Offer and Notification.--A State that intends to offer to enter
into a memorandum of understanding under this section shall provide to
the Secretary concerned notice of the intent of the State not later
than 90 days before the date on which the State submits a formal
written offer to the Secretary concerned.
(d) Memorandum of Understanding.--A memorandum of understanding
entered into under this section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
(2) be for a term not to exceed 10 years;
(3) be in such form as the Secretary concerned may
prescribe; and
(4) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary concerned described
in subsection (b)(1);
(B) expressly consents, on behalf of the State, to
accept the jurisdiction of the Federal courts for the
compliance, discharge, and enforcement of any
responsibility of the Secretary concerned assumed by
the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the actions
necessary to carry out the responsibilities
being assumed; and
(ii) are comparable to section 552 of title
5, United States Code, including providing that
any decision regarding the public availability
of a document under the State laws is
reviewable by a court of competent
jurisdiction;
(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed; and
(E) agrees to provide to the Secretary concerned
any information the Secretary concerned considers
necessary to ensure that the State is adequately
carrying out the responsibilities assigned to and
assumed by the State.
(e) Limitation.--Nothing in this section permits a State to assume
any rulemaking authority of the Secretary concerned under any Federal
law.
(f) Termination.--
(1) Termination by the secretary.--The Secretary concerned
may terminate the participation of any State in the program
established under this section if--
(A) the Secretary concerned determines that the
State is not adequately carrying out the
responsibilities assigned to and assumed by the State;
(B) the Secretary concerned provides to the State--
(i) notification of the determination of
noncompliance; and
(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary concerned determines is necessary to
comply with the applicable agreement; and
(C) the State, after the notification and period
provided under subparagraph (B), fails to take
satisfactory corrective action, as determined by the
Secretary concerned.
(2) Termination by the state.--A State may terminate the
participation of the State in the program established under
this section at any time by providing to the Secretary
concerned a notice of intent to terminate by not later than the
date that is 90 days before the date of termination.
SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN OPERATIONAL RIGHTS-
OF-WAY.
The Secretary concerned shall--
(1) not later than 180 days after the date of enactment of
this Act, designate any project within an existing operational
right-of-way as an action categorically excluded from the
requirements relating to environmental assessments or
environmental impact statements under section 1508.4 of title
40, Code of Federal Regulations, and section 771.117(c) of
title 23, Code of Federal Regulations (or successor
regulations); and
(2) not later than 150 days after the date of enactment of
this Act, promulgate regulations to carry out paragraph (1).
SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior.
(b) Establishment.--The Secretary shall establish a Federal Permit
Streamlining Project in each Bureau of Land Management field office
with responsibility for issuing permits for broadband projects.
(c) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with the
National Conference of State Historic Preservation Officers,
shall enter into a memorandum of understanding to carry out
this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Administrator of the Federal Highway
Administration; and
(D) the Director of the United States Fish and
Wildlife Service.
(2) Lead agency.--As part of the memorandum of
understanding under paragraph (1), the Secretary shall act as
the lead agency in issuing a single permit for each broadband
project on behalf of all Federal agencies involved in the
broadband project.
(3) State participation.--The Secretary may request that
the Governor of any State with one or more broadband projects
be a party to the memorandum of understanding under paragraph
(1).
(4) Designation of qualified staff.--
(A) In general.--Not later than 30 days after the
date of entrance into the memorandum of understanding
under paragraph (1), the head of each Federal agency
that is a party to the memorandum of understanding
(other than the Secretary) shall, if the head of the
Federal agency determines it to be appropriate,
designate to each Bureau of Land Management field
office an employee of that Federal agency with
expertise in regulatory issues relating to that Federal
agency, including, as applicable, particular expertise
in--
(i) planning under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.);
(ii) the preparation of analyses under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(iii) programs under chapter 1 and chapter
2 of title 23, United States Code; or
(iv) consultation and the preparation of
biological opinions under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536).
(B) Duties.--Each employee designated under
subparagraph (A) shall--
(i) not later than 90 days after the date
of designation, report to the manager of the
Bureau of Land Management field office to which
the employee is assigned;
(ii) be responsible for any issue relating
to any broadband project within the
jurisdiction of the field office described in
clause (i) under the authority of the Federal
agency from which the employee is assigned;
(iii) participate as part of the team of
personnel working on one or more proposed
broadband projects, including planning and
environmental analyses; and
(iv) serve as the designated point of
contact with any applicable State that assumes
any responsibility under section 4(b)(1)
relating to any issue described in clause (ii).
(d) Funding.--This section shall be carried out using such amounts
as are necessary from other amounts available that are not otherwise
obligated. | Highway Rights-of-Way Permitting Efficiency Act of 2017 This bill requires the Department of Agriculture (USDA), with respect to National Forest System land, and the Department of the Interior, with respect to Bureau of Land Management (BLM) land, to establish a program to enter into memoranda of understanding with states to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, or a state's top-ranking transportation official in charge of highway construction, may enter into such a memorandum for a term not to exceed 10 years if the state consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, and (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities. USDA and Interior must designate projects within an existing operational right-of-way as actions categorically excluded from federal regulations relating to environmental assessments or environmental impact statements. Interior must establish a Federal Permit Streamlining Project in each BLM field office with responsibility for issuing permits for broadband projects. Under the program, Interior acts as the lead agency for the issuance of a single permit on behalf of all other federal agencies involved in a broadband project through a memorandum of understanding with USDA, the Environmental Protection Agency, the Federal Highway Administration, and the U.S. Fish and Wildlife Service. | {"src": "billsum_train", "title": "Highway Rights-of-Way Permitting Efficiency Act of 2017"} | 2,431 | 391 | 0.629886 | 2.061936 | 0.697795 | 3.622093 | 6.703488 | 0.901163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Owners' Loan Corporation for
the 21st Century Act''.
SEC. 2. ESTABLISHMENT.
(a) In General.--There is established a corporation to be known as
the Home Owners' Loan Corporation, which shall be an instrumentality of
the United States, and which shall have authority to sue and to be sued
in any court of competent jurisdiction, Federal or State.
(b) Treatment of Corporation.--The Corporation, including its
franchise, its capital, reserves, and surplus, and its loans and
income, shall be exempt from taxation referred to in section 6(c),
except that any real property of the Corporation shall be subject to
taxation to the same extent, according to its value, as other real
property is taxed.
SEC. 3. BOARD.
(a) In General.--The Corporation shall be under the direction of a
Board of Directors and shall be operated by the Board under such
bylaws, rules, and regulations as the Board may prescribe for the
accomplishment of the purposes and intent of this Act and the prudent
use of the capital and authority of the Corporation.
(b) Members.--The Board shall consist of five members, as follows:
(1) The Secretary of the Treasury, or the designee of the
Secretary.
(2) The Comptroller General of the United States, or the
designee of the Comptroller.
(3) A designee of the Board of Directors of the Federal
Deposit Insurance Corporation.
(4) The Secretary of Housing and Urban Development, or the
designee of the Secretary.
(5) The Director of the Office of Federal Housing
Enterprise Oversight of the Department of Housing and Urban
Development (or any successor agency of such Office responsible
for supervision and regulation of the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation), or
the designee of the Director.
(c) No Compensation.--Members of the Board shall serve as such
directors without additional compensation.
SEC. 4. CAPITAL STOCK.
(a) In General.--The Corporation shall have capital stock,
$25,000,000,000, which shall be subscribed to by the Secretary of the
Treasury on behalf of the United States Government. The Corporation
shall issue to the Secretary of the Treasury receipts for payments by
the Secretary for or on account of such stock, and such receipts shall
be evidence of the stock ownership of the United States. Payments for
such subscriptions shall be subject to call in whole or in part by the
Board and shall be made at such time or times as the Secretary of the
Treasury deems advisable.
(b) Public Debt Transaction.--For the purpose of purchasing shares
of capital stock of the Corporation, the Secretary may use as a public-
debt transaction the proceeds of any securities issued under chapter 31
of title 31, United States Code.
SEC. 5. MINIMUM CAPITAL RATIO REQUIREMENTS.
The Board shall on an annual basis establish a minimum capital
ratio requirement for the Corporation and the Corporation shall at all
times hold such capital as may be required to comply with the
applicable annual ratio. Such ratio shall be risk-adjusted to reflect
the Corporation's direct and indirect credit exposure, and may not be
lower than the minimum capital ratio required for similar financial
institutions under the international guidelines and standards for
capital adequacy issued by the Basel Committee on Banking Supervision
established by the Bank for International Settlements.
SEC. 6. BORROWING AUTHORITY.
(a) Issuance.--
(1) Authority.--The Corporation may issue bonds in an
aggregate amount not to exceed $300,000,000,000, which may be
sold by the Corporation to obtain funds for carrying out the
purposes of this Act, or exchanged as hereinafter provided.
(2) Terms.--Such bonds shall be issued in such
denominations as the Board shall prescribe, shall mature within
a period of not more than 10 years from the date of their
issue, and shall be fully and unconditionally guaranteed as to
interest only by the United States, and such guaranty shall be
expressed on the face thereof. The bonds shall bear interest at
a rate determined by the Board and approved by the Secretary of
the Treasury prior to issue.
(3) Issuance through ginnie mae.--The Corporation may issue
bonds under this subsection through the Government National
Mortgage Association and the Association is hereby authorized
to provide for such issuance, subject to the aggregate amount
limitation under paragraph (1).
(b) Treasury Borrowing.--In the event that the Corporation is
unable to pay upon demand, when due, the interest or principal on any
such bonds, the Secretary of the Treasury shall pay to the Corporation
the amount of such interest or principal, which is hereby authorized to
be appropriated to the Corporation, and the Corporation shall pay the
amount of such interest or principal to the holders of the bonds. Upon
the payment of such interest or principal by the Secretary, the amount
so paid shall become an obligation of the Corporation to the United
States and shall bear interest at the same rate as that borne by the
bonds upon which the interest or principal has been so paid.
(c) Treatment.--The bonds issued by the Corporation under this
section shall be exempt, both as to principal and interest, from all
taxation (except surtaxes, estate, inheritance, and gift taxes) now or
hereafter imposed by the United States or any District, Territory,
dependency, or possession thereof, or by any State, county,
municipality, or local taxing authority.
SEC. 7. MORTGAGE RELIEF.
(a) Acquisition of Mortgages.--
(1) Authority.--The Corporation may, during the three-year
period beginning upon the date of the enactment of this Act--
(A) to acquire in exchange for bonds issued by the
Corporation, home mortgages and other obligations and
liens secured by real estate (including the interest of
a vendor under a purchase-money mortgage or contract)
recorded or filed in the proper office or executed
before the date of the enactment of this Act; and
(B) in connection with any such exchange, to make
advances in cash to pay the taxes and assessments on
the real estate, to provide for necessary maintenance
and make necessary repairs, to meet the incidental
expenses of the transaction, and to pay such amounts,
not exceeding $200 or such greater amount as may be
approved by the Board, to the holder of the mortgage,
obligation, or lien acquired as may be the difference
between the face value of the bonds exchanged plus
accrued interest thereon and the purchase price of the
mortgage, obligation, or lien.
(2) Limitations.--
(A) In general.--The face value of bonds exchanged
pursuant to paragraph (1) for any home mortgage or
other obligation or lien secured by real estate, plus
accrued interest thereon and any cash advanced pursuant
to paragraph (1)(B), shall not exceed such limits as
the Board may establish, but shall not in any case
exceed the lesser of--
(i) $900,000; or
(ii) 90 percent of the fair market value of
the real estate involved, as determined by an
appraisal made by the Corporation.
(B) Upside-down mortgages.--In any case in which
the amount of the face value of the bonds exchanged
plus accrued interest thereon and the cash advanced is
less than the amount the home owner owes with respect
to the home mortgage or other obligation or lien so
acquired by the Corporation, the Corporation shall
credit the difference between such amounts to the home
owner and shall reduce the amount owed by the home
owner to the Corporation to that extent.
(3) Amortization.--Each home mortgage or other obligation
or lien acquired by the Corporation pursuant to this section
shall be carried as a first lien or refinanced as a home
mortgage by the Corporation on the basis of the price paid by
the Corporation for the mortgage, obligation, or lien, and
shall be amortized by means of monthly payments sufficient to
retire the interest and principal within a period of not to
exceed 40 years.
(4) Payments by home owner.--
(A) Timing.--Notwithstanding paragraph (3), the
amortization payments of any home owner may be made
quarterly, semiannually, or annually, if in the
judgment of the Corporation the situation of the home
owner so requires.
(B) FHA conforming interest rates and terms.--The
Corporation shall set terms for repayment of the unpaid
balance of the obligation of the home owner to the
Corporation that are consistent with the rates and
terms being offered at the time for mortgages on real
estate of a similar type that are insured under title
II of the National Housing Act (12 U.S.C. 1707 et
seq.), as adjusted for risk premiums to be established
by the Board.
(C) Extension.--The Corporation may at any time
grant an extension of time to any home owner for the
payment of any installment of principal or interest
owed by the home owner to the Corporation if, in the
judgment of the Corporation, the circumstances of the
home owner and the condition of the security justify
such extension, and no payment of any installment of
principal shall be required during the three-year
period beginning upon the date of the enactment of this
Act if the home owner is not in default with respect to
any other condition or covenant of the mortgage of the
home owner.
(b) Nondiscrimination.--No discrimination shall be made under this
Act against any home mortgage by reason of the fact that the real
estate securing such mortgage is located in a municipality, county, or
taxing district which is in default upon any of its obligations.
(c) Cash Loans on Unencumbered Property.--
(1) Authority.--The Corporation may, during the three-year
period beginning upon the date of the enactment of this Act,
make loans in cash subject to the same limitations and for the
same purposes for which cash advances may be made under
subsection (a), in cases in which the property is not otherwise
encumbered.
(2) Limitation on amount.--A loan pursuant to this
subsection may not exceed 50 percent of the value of the
property securing the loan, as determined upon an appraisal
made by the Corporation.
(3) Terms.--Each such loan shall--
(A) be secured by a duly recorded home mortgage;
(B) bear interest at the same rate; and
(C) be subject to the same provisions with respect
to amortization and extensions as are applicable in the
case of obligations refinanced under subsection (a).
(d) Cash Advances for Redemption of Foreclosed Homes.--The
Corporation may, during the three-year period beginning upon the date
of the enactment of this Act, exchange bonds and advance cash, subject
to the limitations provided in subsection (a), to redeem or recover
homes lost by the owners by foreclosure or forced sale by a trustee
under a deed of trust or under power of attorney, or by voluntary
surrender to the mortgagee within two years prior to such exchange or
advance.
(e) Appraisals.--The Board shall establish rules for the appraisal
of the property on which loans are made under this section to
accomplish the purposes of this Act.
(f) Bonds Accepted in Payment.--Any person indebted to the
Corporation may make payment to the Corporation in part or in full by
delivery to the Corporation of its bonds, which shall be accepted by
the Corporation for such purpose at face value.
SEC. 8. OTHER PROVISIONS.
(a) Officers and Employees.--The Corporation shall have power to
select, employ, and fix the compensation of such officers, employees,
attorneys, or agents as shall be necessary for the performance of its
duties under this Act, without regard to the provisions of other laws
applicable to the employment or compensation of officers, employees,
attorneys, or agents of the United States. No such officer, employee,
attorney, or agent shall be paid compensation at a rate in excess of
market rates as documented by the Corporation. In carrying out its
duties under this section, the Corporation shall utilize the services
of private persons, including real estate and loan portfolio asset
management, property management, auction marketing, and brokerage
services, if such services are available in the private sector and the
Corporation determines utilization of such services is practicable and
efficient. Compensation paid to members of the Board shall not exceed
the rate provided by law.
(b) Use of Mails.--The Corporation may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
(c) Salaries and Expenses.--The Corporation shall pay such
proportion of the expenses of the members of the Board, and such
proportion of the salaries and expenses of its officers and employees,
as the Board determines to be equitable, and may use the facilities of
Federal Home Loan Banks, upon making reasonable compensation for such
use, as determined by the Board.
(d) Bylaws, Rules, and Regulations.--The Board may make such
bylaws, rules, and regulations, not inconsistent with the provisions of
this Act, as may be necessary for the proper conduct of the affairs of
the Corporation.
(e) Retirement of Stock.--The Corporation shall retire and cancel
the bonds and stock of the Corporation as rapidly as the resources of
the Corporation will permit. Upon the retirement of such stock, the
reasonable value of the stock as determined by the Board shall be paid
into the Treasury of the United States and the receipts issued therefor
shall be canceled.
(f) Operating Expenses.--The Board shall provide for the operating
expenses of the Corporation to be met through use of any returns on
investments and loans of the Corporation.
SEC. 9. LIQUIDATION.
The Board shall proceed to liquidate the Corporation when its
purposes have been accomplished, and shall pay any surplus or
accumulated funds into the Treasury of the United States. The
Corporation may declare and pay such dividends to the United States as
may be earned and the Board, in its judgment, determines it is proper
for the Corporation to pay.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Corporation.--The term ``Corporation'' means the Home
Owners' Loan Corporation established under section 2.
(2) Board.--The term ``Board'' means the Board of Directors
of the Corporation.
(3) Real estate.--The term ``real estate'' means real
estate--
(A)(i) upon which there is located a dwelling--
(I) for not more than four families; and
(II) that is used by the owner of the
dwelling as a principal residence; and
(ii) that is held in fee simple or on a leasehold
under a renewable lease for not less than 99 years; and
(iii) that has a value not exceeding $1,000,000; or
(B)(i) consisting of a one-family unit in a
multifamily project, including a project in which the
dwelling units are attached or are manufactured housing
units, semi-detached, or detached, that is used by the
owner as a principal residence;
(ii) that is held in fee simple or on a long-term
leasehold, together with an undivided interest in the
common areas and facilities that serve the project; and
(iii) that has a value not exceeding $500,000. | Home Owners' Loan Corporation for the 21st Century Act - Establishes the Home Owners' Loan Corporation as an instrumentality of the United States.
Authorizes the Corporation to: (1) acquire, in exchange for bonds and subject to specified limitations, home mortgages, obligations, and liens secured by real estate (mortgage relief); and (2) make cash advances to pay the taxes and assessments on the real estate, provide for maintenance, meet incidental transaction expenses, and pay the mortgage, obligation, or lien holder the difference (not to exceed $200) between the face value of the bonds exchanged, plus accrued interest, and the purchase price of the mortgage, obligation, or lien.
Requires the homeowner to make mortgage payments to the Corporation. Sets forth 40-year amortization requirements. Authorizes the Corporation to exchange bonds and make cash advances to redeem or recover homes lost by the owners by foreclosure or forced sale. | {"src": "billsum_train", "title": "To establish the Home Owners' Loan Corporation to provide emergency home mortgage relief."} | 3,333 | 200 | 0.48259 | 1.376353 | 0.787772 | 3.811111 | 17.427778 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Martin Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) For more than 45 years, Chief Phillip Martin has
provided extraordinary leadership to the Mississippi Band of
Choctaw Indians, a federally recognized Indian tribe located in
the State of Mississippi, as the tribe has undertaken a long
and courageous journey to preserve social and cultural identity
while developing relative prosperity.
(2) The vision, guidance, and determination of Chief Martin
has led to the emergence of a virtual economic miracle, the
creation and development of a new government, and the
revitalization of an ancient society, a claim few governmental
leaders of our time are able to make.
(3) Chief Martin has led efforts designed to create a
vibrant tribal economy that would first provide jobs, then
dignity, and over time a higher quality of life for the Choctaw
people as well as neighboring communities.
(4) Once described as ``the worst poverty pocket in the
poorest State of the Union'', the Choctaws under Chief Martin's
leadership have evolved from subsistence sharecroppers to
become proprietors of a multi-enterprise, industrial and
commercial powerhouse.
(5) With the creation of nearly 9,000 permanent, full-time
jobs, the Choctaw tribe is now 1 of the 5 largest employers in
the State of Mississippi.
(6) Chief Martin has been guided by a belief that self-
reliance breeds opportunity.
(7) Early developments on the Choctaw reservation, while
modest in retrospect, were nonetheless ambitious and
challenging in their beginnings.
(8) Faced with active opposition from Federal authorities
and expectations of failure from many others, Chief Martin
tenaciously led the Choctaw tribe to establish a tribally-owned
construction company, then a small industrial park which
produced the first large scale reservation-based manufacturing
jobs in the Nation.
(9) In addition to more usual government-operated
enterprises, such as a transit authority, a utility commission,
and a public works department, the Chief also created many
fruitful partnerships with the private sector.
(10) These dynamic developments have now given the tribe a
solid economic foundation.
(11) Recognizing that the most valuable asset of any
community is its people, Chief Martin led the Choctaws to take
over direct operation of its own education system from the
Bureau of Indian Affairs.
(12) The tribe today operates the largest unified tribal
school system in the Nation, with 6 elementary schools, a
middle school, and a high school.
(13) Chief Martin has continued toward the goal of
producing a new generation of well-educated and well-trained
tribal members through establishment of the Choctaw Indian
Scholarships Program, giving all Mississippi Choctaw students
the opportunity to attend colleges and universities of their
choice.
(14) With the passage of the Indian Self-Determination and
Education Assistance Act in 1975, the Congress established the
concepts of self-determination, self-reliance, and tribal
initiative as the basis for a new covenant between the Federal
Government and the American Indian peoples.
(15) However, it has only been through the extraordinary
commitment and ceaseless efforts of tribal leaders, such as
Chief Martin, that these concepts were given life and put into
practice.
(16) ``Choctaw Self Determination'' became Chief Martin's
clarion call (and it remains the tribe's unofficial slogan) to
motivate an impoverished reservation that institutionalized
poverty and hopelessness to transform itself into the vibrant
entity that today serves as a beacon of success for other
tribal and non-tribal communities.
(17) Deeply devoted to tribal sovereignty, trust land, and
economic development issues, Chief Martin has improved the
lives of thousands in Mississippi, and is perhaps the most
recognized American Indian leader: he has been called ``one of
Indian Country's greatest leaders''.
(18) The outstanding example of Chief Phillip Martin
deserves to be recognized and honored by the United States
Congress.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to Chief Phillip
Martin in recognition of his leadership of the Mississippi Band of
Choctaw Indians for over 45 years, and for his invaluable contributions
nationally to the American Indian community and particularly to the
native and non-native communities of Mississippi.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3, under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Chief Martin Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Chief Phillip Martin in recognition of his leadership of the Mississippi Band of Choctaw Indians for over 45 years and for his contributions to the American Indian community, particularly to the native and non-native communities of Mississippi. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal to Chief Phillip Martin of the Mississippi Band of Choctaw Indians."} | 1,345 | 93 | 0.432924 | 1.37451 | 0.428863 | 6.325 | 15.55 | 0.975 |
SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to 50-percent exclusion
for gain from certain small business stock) is amended--
(A) by striking ``50 percent'' and inserting ``100
percent'', and
(B) by striking ``50-Percent'' in the heading and
inserting ``100-Percent''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 1(h)(5) of such
Code is amended to read as follows:
``(A) collectibles gain, over''.
(B) Section 1(h) of such Code is amended by
striking paragraph (8).
(C) Paragraph (9) of section 1(h) of such Code is
amended by striking ``, gain described in paragraph
(7)(A)(i), and section 1202 gain'' and inserting ``and
gain described in paragraph (7)(A)(i)''.
(D) The heading for section 1202 of such Code is
amended by striking ``50-percent'' and inserting ``100-
percent''.
(E) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``50-percent'' in the item relating to section 1202 and
inserting ``100-percent''.
(b) Reduction in Holding Period.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``5 years'' and inserting ``3
years''.
(2) Conforming amendment.--Subsections (g)(2)(A) and
(j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``3 years''.
(c) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of such
Code is amended by striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 of
such Code is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''
(d) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of such Code
(relating to items of tax preference) is amended by striking
paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(e) Stock of Larger Businesses Eligible for Exclusion.--
(1) In general.--Paragraph (1) of section 1202(d) of such
Code (defining qualified small business) is amended by striking
``$50,000,000'' each place it appears and inserting
``$300,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 2002, the
$300,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is
amended by striking subsection (b).
(g) Other Modifications.--
(1) Repeal of working capital limitation.--Section
1202(e)(6) of such Code (relating to working capital) is
amended--
(A) in subparagraph (B), by striking ``2 years''
and inserting ``5 years''; and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''
(h) Qualified Trade or Business.--Section 1202(e)(3) of such Code
(defining qualified trade or business) is amended by inserting ``and''
at the end of subparagraph (C), by striking ``, and'' at the end of
subparagraph (D) and inserting a period, and by striking subparagraph
(E).
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to stock issued after the
date of enactment of this Act.
(2) Special rule.--The amendments made by subsections (a),
(c), (e), (f), and (g)(1) apply to stock issued after August
10, 1993.
SEC. 2. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE
STOCK OPTIONS.
(a) In General.--Subsection (b) of section 56 of the Internal
Revenue Code of 1986 is amended by striking paragraph (3).
(b) Effective Date.--The amendment made by this section shall apply
to options exercised in calendar years beginning after the date of the
enactment of this Act. | Increases from 50 to 100 percent the amount of gain excluded from the sale of certain small business stock. Reduces from five to three years the holding period applicable to such a sale. Makes such exclusion available to corporations. Makes the stock of larger businesses eligible.Repeals the minimum tax preference for the exclusion for incentive stock options. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase and modify the exclusion relating to qualified small business stock and to provide that the exclusion relating to incentive stock options will no longer be a minimum tax preference."} | 1,468 | 73 | 0.501416 | 1.134594 | 0.721407 | 1.84127 | 19.714286 | 0.825397 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Export-Import Bank
Reauthorization Act of 1997''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Extension of authority.
Sec. 3. Tied aid credit fund authority.
Sec. 4. Extension of authority to provide financing for the export of
nonlethal defense articles or services the primary end use of
which will be for civilian purposes.
Sec. 5. Clarification of procedures for denying credit based on the
national interest.
Sec. 6. Administrative Counsel.
Sec. 7. Advisory Committee for sub-Saharan Africa.
Sec. 8. Increase in labor representation on the Advisory Committee of
the Export-Import Bank.
Sec. 9. Outreach to companies.
Sec. 10. Clarification of the objectives of the Export-Import Bank.
Sec. 11. Including child labor as a criterion for denying credit based
on the national interest.
Sec. 12. Prohibition relating to Russian transfers of certain missiles
to the People's Republic of China.
SEC. 2. EXTENSION OF AUTHORITY.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``until'' and all that follows
through ``but'' and inserting ``until the close of business on
September 30, 2001, but''.
(b) Effective Date.--The amendment made by this section shall take
effect on September 30, 1997.
SEC. 3. TIED AID CREDIT FUND AUTHORITY.
(a) Expenditures From Fund.--Section 10(c)(2) of the Export-Import
Bank Act of 1945 (12 U.S.C. 635i-3(c)(2)) is amended by striking
``through'' and all that follows through ``1997''.
(b) Authorization.--Section 10(e) of such Act (12 U.S.C. 635i-3(e))
is amended by striking the first sentence and inserting the following:
``There are authorized to be appropriated to the Fund such sums as may
be necessary to carry out the purposes of this section.''.
SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE FINANCING FOR THE EXPORT OF
NONLETHAL DEFENSE ARTICLES OR SERVICES THE PRIMARY END USE OF WHICH
WILL BE FOR CIVILIAN PURPOSES.
Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note; 108 Stat.
4376) is amended by striking ``1997'' and inserting ``2001''.
SEC. 5. CLARIFICATION OF PROCEDURES FOR DENYING CREDIT BASED ON THE
NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) is amended--
(1) in the last sentence, by inserting ``, after consultation
with the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate,'' after ``President''; and
(2) by adding at the end the following: ``Each such
determination shall be delivered in writing to the President of the
Bank, shall state that the determination is made pursuant to this
section, and shall specify the applications or categories of
applications for credit which should be denied by the Bank in
furtherance of the national interest.''.
SEC. 6. ADMINISTRATIVE COUNSEL.
Section 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(e)) is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following:
``(2) The General Counsel of the Bank shall ensure that the
directors, officers, and employees of the Bank have available
appropriate legal counsel for advice on, and oversight of, issues
relating to personnel matters and other administrative law matters by
designating an attorney to serve as Assistant General Counsel for
Administration, whose duties, under the supervision of the General
Counsel, shall be concerned solely or primarily with such issues.''.
SEC. 7. ADVISORY COMMITTEE FOR SUB-SAHARAN AFRICA.
(a) In General.--Section 2(b) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(b)) is amended by inserting after paragraph (8) the
following:
``(9)(A) The Board of Directors of the Bank shall take prompt
measures, consistent with the credit standards otherwise required by
law, to promote the expansion of the Bank's financial commitments in
sub-Saharan Africa under the loan, guarantee, and insurance programs of
the Bank.
``(B)(i) The Board of Directors shall establish and use an advisory
committee to advise the Board of Directors on the development and
implementation of policies and programs designed to support the
expansion described in subparagraph (A).
``(ii) The advisory committee shall make recommendations to the
Board of Directors on how the Bank can facilitate greater support by
United States commercial banks for trade with sub-Saharan Africa.
``(iii) The advisory committee shall terminate 4 years after the
date of enactment of this subparagraph.''.
(b) Reports to Congress.--Within 6 months after the date of
enactment of this Act, and annually for each of the 4 years thereafter,
the Board of Directors of the Export-Import Bank of the United States
shall submit to Congress a report on the steps that the Board has taken
to implement section 2(b)(9)(B) of the Export-Import Bank Act of 1945
and any recommendations of the advisory committee established pursuant
to such section.
SEC. 8. INCREASE IN LABOR REPRESENTATION ON THE ADVISORY COMMITTEE OF
THE EXPORT-IMPORT BANK.
Section 3(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C.
635a(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) Not less than 2 members appointed to the Advisory
Committee shall be representative of the labor community, except
that no 2 representatives of the labor community shall be selected
from the same labor union.''.
SEC. 9. OUTREACH TO COMPANIES.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(I) The President of the Bank shall undertake efforts to enhance
the Bank's capacity to provide information about the Bank's programs to
small and rural companies which have not previously participated in the
Bank's programs. Not later than 1 year after the date of enactment of
this subparagraph, the President of the Bank shall submit to Congress a
report on the activities undertaken pursuant to this subparagraph.''.
SEC. 10. CLARIFICATION OF THE OBJECTIVES OF THE EXPORT-IMPORT BANK.
Section 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(A)) is amended in the first sentence by striking ``real
income'' and all that follows to the end period and inserting: ``real
income, a commitment to reinvestment and job creation, and the
increased development of the productive resources of the United
States''.
SEC. 11. INCLUDING CHILD LABOR AS A CRITERION FOR DENYING CREDIT BASED
ON THE NATIONAL INTEREST.
Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)), as amended by section 5, is amended in the next to the
last sentence by inserting ``(including child labor)'' after ``human
rights''.
SEC. 12. PROHIBITION RELATING TO RUSSIAN TRANSFERS OF CERTAIN MISSILES
TO THE PEOPLE'S REPUBLIC OF CHINA.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)) is amended by adding at the end the following:
``(12) Prohibition relating to russian transfers of certain
missile systems.--If the President of the United States determines
that the military or Government of the Russian Federation has
transferred or delivered to the People's Republic of China an SS-N-
22 missile system and that the transfer or delivery represents a
significant and imminent threat to the security of the United
States, the President of the United States shall notify the Bank of
the transfer or delivery as soon as practicable. Upon receipt of
the notice and if so directed by the President of the United
States, the Board of Directors of the Bank shall not give approval
to guarantee, insure, extend credit, or participate in the
extension of credit in connection with the purchase of any good or
service by the military or Government of the Russian Federation.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Export-Import Bank Reauthorization Act of 1997 - Amends the Export-Import Bank Act of 1945 to extend the authority of the Export-Import Bank of the United States through FY 2001. Reauthorizes the Bank's tied aid credit program.
(Sec. 4) Extends from FY 1997 through 2001 Bank authority to provide financing for the export of nonlethal defense articles or services whose primary end use will be for civilian purposes.
(Sec. 5) Revises Bank procedures governing the denial of the extension of credit to foreign countries based on the national interest to: (1) require the President to consult with specified congressional committees before determining that such a denial is in the U.S. national interest; and (2) require written notification to the President of the Bank of such determination, including the applications or categories of applications for credit which should be denied.
(Sec. 6) Directs the General Counsel of the Bank to designate an attorney to serve as Assistant General Counsel for Administration, whose duties shall include oversight of and advice to Bank directors, officers, and employees on personnel and other administrative law matters.
(Sec. 7) Requires the Board of Directors of the Bank to: (1) take prompt measures to promote the expansion of its loan, guarantee, and insurance programs in sub-Saharan Africa; (2) establish an advisory committee to advise it on the implementation of policies and programs to support such expansion; and (3) report annually to the Congress on steps it has taken to implement such policies and programs and any advisory committee recommendations.
(Sec. 8) Revises the composition of the Advisory Committee of the Bank to include the appointment of not fewer than two members from the labor community.
(Sec. 9) Directs the President of the Bank to: (1) enhance the Bank's capacity to provide information about its programs to small and rural companies which have not previously participated in them; and (2) report to the Congress on such activities within one year of enactment of this Act.
(Sec. 11) Includes child labor as a human rights criterion that could serve as the basis for a presidential determination that an application for Bank credit should be denied for nonfinancial or noncommercial considerations.
(Sec. 12) Requires the President, if the Russian military or Government has transferred an SS-N-22 missile system to China and such transfer represents a threat to U.S. security, to notify the Bank as soon as practicable. Directs the Bank Board of Directors to deny any guarantee, insurance, or extension of credit in connection with purchases of Russian goods or services if so directed by the President. | {"src": "billsum_train", "title": "Export-Import Bank Reauthorization Act of 1997"} | 2,167 | 583 | 0.661464 | 2.417542 | 0.565491 | 3.19186 | 3.478682 | 0.881783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gynecologic Cancer Education and
Awareness Act of 2005'' or ``Johanna's Law''.
SEC. 2. CERTAIN PROGRAMS REGARDING GYNECOLOGIC CANCERS.
(a) National Public Awareness Campaign.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall carry
out a national campaign to increase the awareness and knowledge
of women with respect to gynecologic cancers.
(2) Written materials.--Activities under the national
campaign under paragraph (1) shall include--
(A) maintaining a supply of written materials that
provide information to the public on gynecologic
cancers; and
(B) distributing the materials to members of the
public upon request.
(3) Public service announcements.--Activities under the
national campaign under paragraph (1) shall, in accordance with
applicable law and regulations, include developing and placing,
in telecommunications media, public service announcements
intended to encourage women to discuss with their physicians
their risks of gynecologic cancers. Such announcement shall
inform the public on the manner in which the written materials
referred to in paragraph (2) can be obtained upon request, and
shall call attention to early warning signs and risk factors
based on the best available medical information.
(b) Demonstration Projects Regarding Outreach and Education
Strategies.--
(1) In general.--The Secretary shall carry out a program to
make grants to nonprofit private entities for the purpose of
testing different outreach and education strategies to increase
the awareness and knowledge of women and health care providers
with respect to gynecologic cancers, including early warning
signs and treatment options. Such strategies shall include
strategies directed at physicians, nurses, and key health
professionals and families.
(2) Preferences in making grants.--In making grants under
paragraph (1), the Secretary shall give preference--
(A) to applicants with demonstrated expertise in
gynecologic cancer education or treatment or in working
with groups of women who are at especially high risk of
gynecologic cancers; and
(B) to applicants that, in the demonstration
project under the grant, will establish linkages
between physicians, nurses, and key health
professionals, hospitals, payers, and State health
departments.
(3) Application for grant.--A grant may be made under
paragraph (1) only if an application for the grant is submitted
to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this subsection.
(4) Certain requirements.--In making grants under paragraph
(1)--
(A) the Secretary shall make grants to not fewer
than five applicants, subject to the extent of amounts
made available in appropriations Acts; and
(B) the Secretary shall ensure that information
provided through demonstration projects under such
grants is consistent with the best available medical
information.
(5) Report to congress.--Not later than February 1, 2009,
the Secretary shall submit to the Congress a report that--
(A) summarizes the activities of demonstration
projects under paragraph (1);
(B) evaluates the extent to which the projects were
effective in increasing early detection of gynecologic
cancers and awareness of risk factors and early warning
signs in the populations to which the projects were
directed; and
(C) identifies barriers to early detection and
appropriate treatment of such cancers.
(c) Funding.--
(1) National public awareness campaign.--For the purpose of
carrying out subsection (a), there is authorized to be
appropriated in the aggregate $15,000,000 for the fiscal years
2006 through 2008.
(2) Demonstration projects regarding outreach and education
strategies.--
(A) Authorization of appropriations.--For the
purpose of carrying out subsection (b), there is
authorized to be appropriated in the aggregate
$30,000,000 for the fiscal years 2006 through 2008.
(B) Administration, technical assistance, and
evaluation.--Of the amounts appropriated under
subparagraph (A), not more than 9 percent may be
expended for the purpose of administering subsection
(b), providing technical assistance to grantees under
such subsection, and preparing the report under
paragraph (5) of such subsection. | Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians.
Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals. | {"src": "billsum_train", "title": "A bill to provide for programs to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers."} | 941 | 147 | 0.725492 | 2.071361 | 0.686156 | 4.008621 | 7.456897 | 0.939655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Our Military Caregivers
Act''.
SEC. 2. EXTERNAL CLINICAL REVIEW OF DENIED APPLICATIONS BY CAREGIVERS
OF VETERANS.
(a) In General.--Section 1720G of title 38, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) External Clinical Review of Applications.--(1) Using amounts
otherwise appropriated to carry out this section, an individual may
elect to have an independent contractor described in paragraph (2)
perform an external clinical review of any of the following:
``(A) The denial by the Secretary of an application by an
individual to be a caregiver or family caregiver eligible for
the program of comprehensive assistance administered by the
Secretary pursuant to this section.
``(B) With respect to such an application that the
Secretary has granted, a determination by the Secretary of the
level or amount of personal care services that a veteran
requires.
``(C) A request by a caregiver or family caregiver for a
reconsideration of the level or amount of personal care
services that a veteran requires based on changes to the health
or abilities of the veteran occurring since the Secretary
granted such an application.
``(D) The revocation by the Secretary of assistance
administered by the Secretary pursuant to this section.
``(2) An independent contractor described in this paragraph is an
independent contractor that--
``(A) is awarded a contract by the Secretary to carry out
this section pursuant to full and open competition under the
Federal Acquisition Regulation;
``(B) has no direct or indirect financial relationship with
any non-Department provider of services to caregivers and
family caregivers pursuant to this title;
``(C) has not otherwise conducted an external clinical
review of benefits administered by the Secretary pursuant to
this title other than this section;
``(D) has sufficient training and expertise in medical
science and other appropriate health, educational, and
vocational training and legal matters to perform the reviews
described in paragraph (1); and
``(E) employs a panel of physicians or other appropriate
health care professionals who do not provide health care to the
individual who makes an election under paragraph (1).
``(3) Each external clinical review conducted pursuant to paragraph
(1) shall--
``(A) be based on applicable information included in the
application for assistance described in such paragraph,
including clinical expertise, medical, technical, and
scientific evidence;
``(B) include an opportunity for both the individual who
elects for such review and, to the extent possible, the veteran
for whom care is being provided to offer opinions and
supporting data as to the level of care required; and
``(C) include a review of the initial clinical review of
such veteran and any other review made by the Secretary.
``(4) In carrying out the external clinical reviews pursuant to
paragraph (1), the independent contractor shall, as determined
appropriate by the Secretary--
``(A) collect and maintain information required; and
``(B) share such information with the Secretary.
``(5) The Secretary shall take into account, but is not bound by,
any determination made by the independent contractor pursuant to
paragraph (1) in determining the final decision with respect to the
application for assistance. The Secretary may make a final decision
that is contrary to such a determination if the Secretary includes
clinically supported documentation with the decision.
``(6) The Secretary shall ensure that each external clinical review
conducted by the independent contractor pursuant to paragraph (1) is
completed and the Department is notified in writing of the results of
the review by not later than 120 days after the date on which the
individual makes the election under such paragraph. Not later than 30
days after the delivery of the determination recommended by the
independent contractors, the Secretary shall ensure that the veteran
and the individual making the election under such paragraph is notified
in writing of the final decision of the Secretary. In accordance with
paragraph (5), such notification shall include an explanation of the
recommended decision, a discussion of the facts and applicable
regulations, and an explanation of the clinical rationale for the final
decision.
``(7) The Secretary shall notify individuals who submit an
application to be a caregiver or family caregiver eligible for the
program of comprehensive assistance administered by the Secretary
pursuant to this section of the ability of the individual to make an
election under paragraph (1).
``(8) Nothing in this subsection may be construed to affect claims
made by veterans for disability compensation under chapter 11 of this
title.''.
(b) Application.--The amendments made by subsection (a) shall apply
with respect to elections under subsection (d) of section 1720G of
title 38, United States Code, as added by subsection (a)(2), that are
for applications or revocations for assistance for caregivers and
family caregivers pursuant to such section for which the Secretary of
Veterans Affairs has not made a final decision as of the date of the
enactment of this Act.
SEC. 3. PROCESS TO DETERMINE ELIGIBILITY FOR CAREGIVERS OF VETERANS.
(a) Directives.--The Secretary of Veterans Affairs shall issue
directives regarding the policies, procedures, and operational
requirements for the Family Caregiver Program, including with respect
to determining the eligibility of an individual to participate in the
Family Caregiver Program.
(b) GAO Report.--The Comptroller General of the United States shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the processes of the
Secretary of Veterans Affairs with respect to--
(1) determining the eligibility of an individual to
participate in the Family Caregiver Program;
(2) adjudicating appeals to such determinations; and
(3) the periodic eligibility reevaluation of an individual
participating in such program and the communication of any
changes as a result of such reevaluations to the veteran and
caregiver.
(c) Family Caregiver Program Defined.--In this section, the term
``Family Caregiver Program'' either the program of comprehensive
assistance for family caregivers or the program of general caregiver
support services established by section 1720G of title 38, United
States Code. | Support Our Military Caregivers Act This bill permits an individual to elect to have an independent contractor perform an external clinical review of any of the following: a Department of Veterans Affairs (VA) denial of an individual's application to be a caregiver or family caregiver eligible for the VA program of comprehensive assistance for family caregivers of eligible veterans; with respect to an approved application, a VA determination of the level or amount of personal care services that a veteran requires; a request by a caregiver or family caregiver for a reconsideration of the level or amount of personal care services that a veteran requires based on post-application changes; and a revocation of such assistance administered by the VA. The VA shall ensure that each external clinical review is completed and the individual is notified in writing of the results within 120 days of the election. The VA shall issue directives regarding the policies, procedures, and operational requirements for the such program and the VA program of general caregiver support services. The Government Accountability Office shall report to Congress on the VA's processes for determining eligibility for participation in such programs. | {"src": "billsum_train", "title": "Support Our Military Caregivers Act"} | 1,377 | 232 | 0.656312 | 1.785922 | 0.872029 | 4.690141 | 6.319249 | 0.877934 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Children's
Hospitals Education and Research Act of 1998''.
(b) Findings.--Congress finds the following:
(1) Freestanding children's teaching hospitals receive
almost no Federal graduate medical education funding.
(2) Increasingly, Federal graduate medical education
funding, through the medicare program, has become the major
source of support for the academic missions of all teaching
hospitals as the medical marketplace has led to a growing
inability to gain such support from other payers.
(3) With few medicare patients, these children's teaching
hospitals receive less than $400 in Federal funds for each
medical resident they train, while other teaching hospitals
receive on average more than $79,000 for each resident they
train, creating a very serious inequity in the competitive
market for these children's hospitals.
(4) Children's teaching hospitals make an essential
contribution to training our children's doctors. Although less
than one percent of all hospitals, they train 5 percent of all
physicians, 25 percent of all pediatricians, and the majority
of most pediatric specialists.
(5) They serve as regional and national pediatric referral
centers and provide research discoveries and technological
advancements which benefit all children, conducting along with
their affiliated departments of pediatrics almost 20 percent of
all pediatric research sponsored by the National Institutes of
Health.
(6) Their ability to sustain their academic and patient
care missions is increasingly threatened by the lack of
graduate medical education funding, which represents the major
source of shortfall between patient costs and patient revenues
for many children's hospitals with significant teaching
programs, even as these hospital strive to reduce their costs.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--The Secretary shall make payment under this section
to each children's hospital for each hospital cost reporting period
beginning during fiscal year 1999 or fiscal year 2000 for the direct
and indirect expenses associated with operating approved medical
residency training programs.
(b) Amount of Payment.--
(1) In general.--Subject to paragraph (3), the amount
payable under this section to a children's hospital for direct
and indirect expenses relating to approved medical residency
training programs for a cost reporting period is equal to the
product of--
(A) the per resident rate, as determined under
paragraph (2); and
(B) the weighted average number of full-time
equivalent residents in the hospital's approved medical
residency training programs (as determined under
section 1886(h)(4) of the Social Security Act) for the
cost reporting period.
(2) Per resident rate.--
(A) In general.--The per resident rate under this
paragraph for a cost reporting period is equal to the
sum of the direct medical education component (computed
under subparagraph (B)), and the indirect medical
education component (computed under subparagraph
(C)(iii).
(B) Direct medical education component.--The
Secretary shall compute the direct medical education
component described in this subparagraph for a hospital
as follows:
(i) Computation of base national dme
average per resident rate.--The Secretary shall
compute a base national DME average per resident rate equal to the
simple average of the per resident rates computed under section
1886(h)(2) of the Social Security Act for cost reporting periods ending
during fiscal year 1997.
(ii) Updating rate.--The Secretary shall
update such rate by the estimated percentage
increase in the consumer price index for all
urban consumers during the period beginning
October 1997 and ending with the midpoint of
the hospital's cost reporting period that
begins during fiscal year 1999.
(iii) Adjustment for variations in labor-
related costs.--For each hospital the Secretary
shall adjust the portion of such updated rate
that is related to labor and labor-related
costs to account for variations in wage costs
in the geographic area in which the hospital is
located using the factor determined under
section 1886(d)(4)(E) of the Social Security
Act for discharges occurring during fiscal year
1998.
(iv) Direct medical education component.--
The direct medical education component
described in this subparagraph for a hospital
is the updated rate, computed under clause
(ii), as adjusted under clause (iii) for the
hospital.
(C) Indirect medical education component.--The
Secretary shall compute the indirect medical education
component described in this subparagraph for a hospital
as follows:
(i) Computation of hospital average ime per
resident payments.--The Secretary shall
determine, for each hospital with a graduate
medical education program which is paid under
section 1886(d) of the Social Security Act, the
amount paid to that hospital pursuant to
section 1886(d)(5)(B) of such Act for its cost
reporting period ending during fiscal year
1997, and shall divide such amount by the
number of FTE residents participating in its
approved residency programs and used to
calculate the amount of payment under such
section in that cost reporting period.
(ii) Computing national average.--The
Secretary shall take the sum of the amounts
determined under clause (i) for all the
hospitals described in such clause and divide
that sum by the number of hospitals so
described.
(iii) Updating.--The Secretary shall update
the amount computed under clause (ii) for a
hospital by applicable percentage increase (as
defined in section 1886(b)(3)(B)(i) of the
Social Security Act) during the period between
October 1997 and ending with the midpoint of
the hospital's cost reporting period that
begins during fiscal year 1999.
(iv) Indirect medical education
component.--The indirect medical education
component described in this subparagraph for a
hospital is the average computed under clause
(ii), updated under clause (iii).
(3) Pro rata reductions.--If the Secretary
determines that the amount of funds provided under
subsection (d) for cost reporting periods ending in a
fiscal year is insufficient to provide the total amount
of payments otherwise due for such periods, the Secretary shall reduce
the amount payable under this section for such period on a pro rata
basis to the extent to assure that the aggregate of such payments does
not exceed the amount of funds provided under subsection (d) for such
cost reporting periods.
(c) Making of Payments.--
(1) Interim payments.--The Secretary shall estimate, before
the beginning of each cost reporting period for a hospital for
which a payment may be made under this section, the amount of
payment to be made under this section to the hospital for such
period and shall make payment, in 26 equal interim installments
during such period, of the amounts obligated to be paid.
(2) Final payment.--At the end of each such period, the
hospital shall submit to the Secretary such information as the
Secretary determines to be necessary to determine the final
payment amount due under this section for the hospital for the
period. Based on such determination, the Secretary shall recoup
any overpayments made, or payment balances due. The final
amount so determined shall be considered a final intermediary
determination for purposes of applying section 1878 of the
Social Security Act and shall be subject to review under that
section in the same manner as the amount of payment under
section 1886(d) of such Act is subject to review under such
section.
(d) Limitation on Expenditures.--
(1) In general.--Subject to paragraph (2), there are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, for payments under this section for cost
reporting periods ending in each of fiscal years 1999 and 2000
$285,000,000.
(2) Carryover of excess.--If the amount of payments under
this section for cost reporting periods ending in fiscal year
1999 is less than the amount provided under this subsection for
such payments for such periods, then the amount available under
this subsection for cost reporting periods ending in fiscal
year 2000 shall be increased by the amount of such difference.
(e) Relation to Medicare and Medicaid Payments.--Notwithstanding
any other provision of law, payments under this section to a hospital
for a cost reporting period--
(1) are in lieu of any amounts otherwise payable to the
hospital under section 1886(h) or 1886(d)(5)(F) of the Social
Security Act to the hospital for such cost reporting period,
but
(2) shall not affect the amounts otherwise payable to such
hospitals under a State medicaid plan under title XIX of such
Act.
(f) Definitions.--In this section:
(1) Approved medical residency training program.--The term
``approved medical residency training program'' has the meaning
given such term in section 1886(h)(5)(A) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(A)).
(2) Children's hospital.--The term ``children's hospital''
means a hospital described in section 1886(d)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)).
(3) Direct graduate medical education costs.--The term
``direct graduate medical education costs'' has the meaning
given such term in section 1886(h)(5)(C) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(C)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period beginning during FY 1999 or 2000 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years. | {"src": "billsum_train", "title": "Children's Hospitals Education and Research Act of 1998"} | 2,069 | 111 | 0.548715 | 1.549988 | 0.87701 | 4.647059 | 18.284314 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Westward Aquatic Threats Act''.
SEC. 2. AMENDMENT OF NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND
CONTROL ACT OF 1990.
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 Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 3. 100TH MERIDIAN AND WESTWARD PROGRAM.
Subtitle C (16 U.S.C. 4721 et seq.) is amended by adding at the end
the following:
``SEC. 1210. 100TH MERIDIAN AND WESTWARD PROGRAM.
``(a) Public Information and Education.--The Secretary shall
coordinate with the States to provide the public with information and
education on the threat of zebra mussels and other aquatic nuisance
species and how to prevent their westward advance.
``(b) Source States Action Plan.--The Secretary, in consultation
with the Task Force, shall work with States that contain aquatic
nuisance species, including zebra mussels, that threaten western States
to develop and implement a prevention action plan that includes
inspections of vessels at boat launches and elsewhere.
``(c) Movement Across the 100th Meridian.--
``(1) Early detection and rapid response.--The Secretary,
in consultation with the Task Force, shall seek to prevent
westward movement of aquatic nuisance species by monitoring and
preventing westward movement of zebra mussels and other aquatic
nuisance species across and beyond the 100th meridian,
monitoring water bodies, educating boaters leaving waters
infected by aquatic nuisance species, and providing rapid
response capacity in North Dakota, South Dakota, Nebraska,
Kansas, Oklahoma, and Texas.
``(2) Check stations.--Under this subsection, the
Secretary, in collaboration with the Secretary of
Transportation and the States, shall--
``(A) work with States to establish check stations
on highways and waterways that cross the 100th
meridian, and require that all commercial vessels
moving westward across the meridian stop and be checked
for zebra mussels and aquatic weeds at such check
stations;
``(B) require that contaminated vessels identified
at such check stations be cleaned in accordance with
protocols developed by the Task Force before being
moved across the 100th meridian;
``(C) assess and collect from persons who violate
such requirement more than one time a civil penalty of
$150 for each violation after the first violation;
``(D) identify and record all vessels that stop at
such check stations and the water body most recently
visited by each such vessel;
``(E) focus prevention resources on States having
the greatest number of contaminated vessels; and
``(F) coordinate implementation of this subsection
with appropriate Canadian authorities.
``(d) Vector Action Plans.--The Secretary and the Task Force, in
collaboration with the States and within 18 months after the date of
the enactment of this subsection, shall--
``(1) assess the relative risk of vectors and pathways of
westward movement of zebra mussels and other aquatic nuisance
species across the 100th meridian and throughout the western
States and develop adequate action plans to control each
pathway, ranked by priority; and
``(2) provide to the Task Force, for distribution to the
States, data developed through such assessment.
``(e) Lewis and Clark Bicentennial Expedition.--
``(1) In general.--The Secretary of the Interior shall
ensure that the United States Fish and Wildlife Service and the
National Park Service coordinate efforts to implement an action
plan to prevent the spread of aquatic nuisance species by
vessels and other potential vectors involved in the Lewis and
Clark Bicentennial Expedition, including efforts to educate
participants in such Expedition by no later than January 1,
2003.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of the Interior
to carry out this subsection $100,000 for each of fiscal years
2002 through 2005.
``(f) Application in Other States.--If the Secretary determines
that any State (other than those listed in subsection (c)) that is
located west of the 100th meridian needs to be involved in
implementation of this section for this section to be effective, the
Secretary may apply this section in such State.
``(g) Evaluation of Effectiveness.--The Secretary shall enter into
an arrangement with an independent entity under which the entity shall,
by January 1, 2005, evaluate the effectiveness of the 100th meridian
and westward program under this section in stopping the westward
movement of zebra mussels and other aquatic nuisance species across and
beyond the 100th meridian.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2003 through 2007.''.
SEC. 4. STATE MANAGEMENT PLANS.
(a) Grants to States for Development of Management Plans.--Section
1204(b) (16 U.S.C. 4724(b)) is amended--
(1) in paragraph (1) by inserting ``make grants to States
to develop management plans under this section, including for
hiring personnel for such development, and'' after ``at the
recommendation of the Task Force,'';
(2) in paragraph (3)(A) by striking ``each comprehensive
management plan implemented with Federal assistance'' and
inserting ``implementation of each comprehensive management
plan''; and
(3) in paragraph (3)(B) by striking ``each public facility
management plan implemented with Federal assistance'' and
inserting ``implementation of each public facility management
plan''.
(b) Authorization of Appropriations.--Section 1301 (16 U.S.C. 4724)
is amended--
(1) in subsection (c) by striking ``There are authorized''
and all that follows through ``of which'' and inserting ``For
grants to States under section 1204(b) there are authorized to
be appropriated to the Director $10,000,000 for each of fiscal
years 2003 through 2007, of which up to 20 percent may be
available for plan development and of which''; and
(2) by adding at the end the following:
``(f) Funding for Capacity Building by Western Regional Panel.--To
build capacity and foster the development and implementation of
comprehensive management plans under section 1204 for States located on
or west of the 100th meridian there are authorized to be appropriated
to the Western Regional panel established under section 1203(b)
$600,000 for each of fiscal years 2003 through 2007.''. | Stop Westward Aquatic Threats Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the Interior to: (1) provide the public with information and education on the threat of zebra mussels and other aquatic nuisance species and how to prevent their westward advance; (2) work with States that contain aquatic nuisance species (including zebra mussels) that threaten western States to develop and implement a prevention action plan that includes inspections of vessels at boat launches and elsewhere (including vessels involved in the Lewis and Clark Bicentennial Expedition); and (3) prevent westward movement of aquatic nuisance species by monitoring and preventing westward movement of zebra mussels and other aquatic nuisance species beyond the 100th meridian, monitoring water bodies, educating boaters leaving waters infected by aquatic nuisance species, and providing rapid response capacity in North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas.Authorizes the Director of the of the Aquatic Nuisance Species Task Force to make grants to States to develop management plans which identify those areas or activities within the State for which assistance is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel. | {"src": "billsum_train", "title": "To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to prevent the westward spread of aquatic nuisance species by directing the Secretary of the Interior to prevent westward spread of such species across and beyond the 100th meridian, monitor water bodies, and provide rapid response capacity in certain Western States, and for other purposes."} | 1,507 | 274 | 0.719109 | 1.98106 | 0.800276 | 5.295652 | 5.878261 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reduction of Metals in Packaging
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the management of solid waste can pose a wide range of
hazards to public health and safety and to the environment;
(2) packaging comprises a significant percentage of the
overall solid waste stream;
(3) the presence of heavy metals in packaging is a concern
in light of the likely presence of heavy metals in emissions or
ash when packaging is incinerated, or in leachate when
packaging is landfilled;
(4) lead, mercury, cadmium, and hexavalent chromium, on the
basis of available scientific and medical evidence, are of
particular concern;
(5) it is desirable as a first step in reducing the
toxicity of packaging waste to eliminate the addition of these
heavy metals to packaging; and
(6) the intent of this Act is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
postconsumer materials in the production of packaging and
components of packaging.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Distributor.--The term ``distributor'' means any person
who purchases goods from a manufacturer for sale or promotional
use.
(3) Incidental presence.--The term ``incidental presence''
means the presence of lead, cadmium, mercury, or hexavalent
chromium in a package or packaging component if the substance
was not intentionally introduced into the package or packaging
component for its own properties or characteristics.
(4) Intentional introduction.--
(A) In general.--The term ``intentional
introduction'' means the purposeful introduction of
lead, cadmium, mercury, or hexavalent chromium into a
package or packaging component with an intent that one
or more of the substances be present in the package or
packaging component.
(B) Exclusion.--The term does not include--
(i) the background levels of the substances
that naturally occur in raw materials or are
present as postconsumer additions, and that are
not purposefully added to perform as part of a
package or packaging component; and
(ii) any trace quantities of a processing
aid or similar material used to produce a
product from which a package or packaging
component is manufactured, if the processing
aid or similar material is reasonably expected
to be consumed or transformed into a
nonregulated material during the process.
(5) Manufacturer.--The term ``manufacturer'' means any
person in the chain of production who makes a package or
packaging component for sale or promotional purposes, including
an importer of packages or packaging components.
(6) Package or packaging.--The term ``package'' or
``packaging'' means a container that provides a means of
marketing, protecting, or handling a product. The term includes
a unit package, an intermediate, and a chipping container as
defined in standard D-996 issued by the American Society of
Testing and Materials, and unsealed receptacles such as
carrying cases, crates, cups, pails, rigid foil, and other
trays, wrappers and wrapping films, bags, and tubs.
(7) Packaging component.--The term ``packaging component''
means any individual assembled part of packaging, including any
interior or exterior blocking, bracing, cushioning,
weatherproofing, exterior strapping, coating, closure, ink,
label, adhesive, and stabilizer, except that the term does not
include steel strapping. For the purposes of this section, tin-
plated steel that meets the specification under standard A-623
issued by the American Society of Testing and Materials shall
be deemed an individual packaging component.
SEC. 4. PROHIBITION ON ADDITION OF CERTAIN HEAVY METALS IN PACKAGING.
(a) In General.--Except as provided in section 5, effective 2 years
after the date of enactment of this Act, the intentional introduction
of lead, cadmium, mercury, or hexavalent chromium to packaging or any
component thereof during manufacturing or distribution by any person is
prohibited.
(b) Concentration Levels.--The sum of the concentration levels of
lead, cadmium, mercury, and hexavalent chromium present in packaging or
any component thereof may not exceed--
(1) 600 parts per million by weight (0.06 percent) on or
after the date that is 2 years after the date of enactment of
this Act and before the date specified in paragraph (2);
(2) 250 parts per million by weight (0.025 percent) on or
after the date that is 3 years after the date of enactment of
this Act and before the date specified in paragraph (3); and
(3) 100 parts per million by weight (0.01 percent) on or
after the date that is 4 years after the date of enactment of
this Act.
SEC. 5. EXEMPTIONS.
(a) In General.--The requirements of section 4 shall not apply to
packaging and any component thereof--
(1) with a code indicating a date of manufacture of the
packaging or component, or date of bottling or manufacturing of
distilled spirits and wines, that is prior to the effective
date of this Act; or
(2) if alternative evidence of a date of manufacture or
bottling prior to the effective date of this Act is provided to
the satisfaction of the Administrator.
(b) Safety Considerations.--
(1) In general.--The requirements of section 4 shall not
apply to packaging and any component thereof to which lead,
cadmium, mercury, or hexavalent chromium has been added in the
manufacturing, forming, printing, or distribution process--
(A) in order to comply with health or safety
requirements of Federal law; or
(B) because the addition of one or more of the
substances is essential for the protection, safe
handling, or functioning of the contents of the
packaging,
if the Administrator grants an exemption from the requirements
of this Act to the manufacturer of the package or packaging
component on the basis of either criterion.
(2) Period.--If the Administrator determines that
circumstances warrant an exemption from the requirements of
this Act, the Administrator may grant an exemption for a period
of 2 years.
(3) Renewal.--An exemption under paragraph (2) may, on
meeting either criterion under paragraph (1), be renewed every
2 years.
(c) Use of Recycled Materials.--During the 6-year period beginning
on the date of enactment of this Act, the requirements of section 4
shall not apply to packaging and any component thereof that would not
exceed the concentration levels in section (b) but for the addition of
recycled materials.
SEC. 6. CERTIFICATE OF COMPLIANCE.
(a) In General.--
(1) Requirement.--Not later than 2 years after the date of
enactment of this Act, the manufacturer or supplier of
packaging or any component thereof shall furnish to each
purchaser a certificate of compliance stating that the
packaging or packaging component is in compliance with the
requirements of this Act.
(2) Exemptions.--If the manufacturer or supplier claims an
exemption under section 5, the manufacturer or supplier shall
state the specific basis on which the exemption is claimed on
the certificate of compliance.
(3) Signature.--The certificate of compliance shall be
signed by an authorized official of the manufacturing or
supplying company.
(4) Retention of certificate by purchaser.--The purchaser
shall retain the certificate of compliance for as long as the
packaging is in use.
(5) Retention of copy by manufacturer or supplier.--A copy
of the certificate of compliance shall be kept on file by the
manufacturer or supplier of the packaging or packaging
component.
(6) Copies to administrator and public.--A copy of the
certificate of compliance shall be furnished to the
Administrator on request, and to members of the public in
accordance with section 7.
(b) Amended or New Certificate.--If the manufacturer or supplier of
packaging or packaging components reformulates or creates a new package
or packaging component, the manufacturer or supplier shall provide an
amended or new certificate of compliance for the reformulated or new
package or packaging component.
SEC. 7. PUBLIC ACCESS.
(a) Request.--A request from a member of the public for a copy of a
certificate of compliance from the manufacturer or supplier of
packaging or components thereof shall be--
(1) in writing, with a copy provided to the Administrator;
and
(2) specific as to the package or packaging component
information requested.
(b) Response to Request.--A manufacturer shall respond to a request
that meets the requirements of subsection (a) not later than 60 days
after receipt of the request.
SEC. 8. FEDERAL ENFORCEMENT.
Whenever on the basis of any information the Administrator
determines that any person has violated or is in violation of this Act,
the Administrator may issue an order assessing a civil penalty in an
amount not to exceed $25,000.
SEC. 9. NONPRE-EMPTION.
Nothing in this Act shall be construed so as to prohibit a State
from establishing and enforcing a standard or requirement with respect
to toxic metals in packaging that is more stringent than a standard or
requirement relating to toxic metals in packaging established or
promulgated under this Act.
SEC. 10. REGULATIONS.
Not later than 18 months after the date of enactment of this Act,
the Administrator shall promulgate regulations to carry out this Act. | Reduction of Metals in Packaging Act - Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component during manufacturing or distribution.
Sets forth the maximum allowable concentration level of the sum of such elements in packaging.
Makes such prohibition inapplicable for packaging: (1) that was manufactured prior to this Act's effective date; or (2) that would not exceed maximum concentration levels but for the addition of recycled materials. Provides for two-year exemptions from requirements for packaging to which lead, cadmium, mercury, or hexavalent chromium has been added to comply with Federal health or safety requirements or, because it is essential for the protection, safe handling, or function of the package contents. Permits for the renewal of exemptions.
Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to purchasers. Makes certificates of compliance available to the public upon request.
Authorizes the assessment of civil penalties for violations of this Act. | {"src": "billsum_train", "title": "Reduction of Metals in Packaging Act"} | 2,124 | 236 | 0.63132 | 1.841585 | 0.776844 | 2.834171 | 9.633166 | 0.854271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Outsourcing Prevention
Act''.
SEC. 2. TRANSFER OF PERSONS.
(a) Reports to Congress.--Beginning 30 days after the date of the
enactment of this Act and every 12 months thereafter, the Secretary of
State shall complete and submit to the appropriate congressional
committees a list of countries where there are substantial grounds for
believing that torture or cruel, inhuman, or degrading treatment is
commonly used in the detention or interrogation of individuals. The
list shall be compiled on the basis of the information contained in the
most recent annual report of the Secretary of State submitted to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate under section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)).
(b) Prohibition on Transferring Persons.--Any person who is
imprisoned, detained, or held for transfer to another country by, or is
otherwise in the custody or control of, a department, agency, or
official of the United States Government, or any contractor of any such
department or agency, may not, regardless of the nationality or
location of that person, be rendered, returned, or otherwise
transferred--
(1) to a country included on the most recent list submitted
under subsection (a), for the purpose of detention,
interrogation, trial, or otherwise; or
(2) to any other country if there are substantial grounds
to believe that the person will be transferred to a country
included in the most recent list submitted under subsection
(a).
(c) Process.--A person may not, regardless of the nationality or
location of the person, be rendered, returned, or otherwise transferred
by a department, agency, or official of the United States Government,
or any contractor of any such department or agency, to any country not
otherwise described in paragraph (1) or (2) of subsection (b), unless
the person has been given an opportunity to challenge the rendering,
return, or transfer in a court in the United States of competent
jurisdiction, on the grounds that the person would, upon such
rendering, return, or transfer, be in danger of being subjected to
torture or cruel, inhuman, or degrading treatment.
(d) Waivers.--
(1) Authority.--The Secretary of State may waive the
prohibition contained in subsection (b) with respect to the
government of a country if the Secretary certifies to the
appropriate congressional committees that--
(A) that government has ended the acts of torture
or cruel, inhuman, or degrading treatment that were the
basis for the inclusion of that country on the list;
and
(B) there is in place a mechanism that assures the
United States in a verifiable manner that a person
rendered, returned, or otherwise transferred will not
be tortured or subjected to cruel, inhuman, or
degrading treatment in that country, including, at a
minimum, immediate, unfettered, and continuing access,
from the point of return, to each such person by an
independent humanitarian organization.
(2) Assurances insufficient.--Written or verbal assurances
made to the United States by the government of a country that
persons rendered, returned, or otherwise transferred to the
country will not be tortured or subjected to cruel, inhuman, or
degrading treatment, are not sufficient to meet the
requirements of paragraph (1)(B).
(e) Treaty-Based Extradition Exemption.--
(1) Exemption.--The prohibition contained in subsection (b)
shall not be construed to apply to the legal extradition of a
person under a bilateral or multilateral extradition treaty if,
prior to such extradition, that person has recourse to a court
in the United States of competent jurisdiction to challenge the
extradition on the basis that there are substantial grounds for
believing that the person would be in danger of being subjected
to torture or cruel, inhuman, or degrading treatment in the
country requesting such extradition.
(2) Assurances insufficient.--Written or verbal assurances
made to the United States by the government of a country that
persons rendered, returned, or otherwise transferred to the
country will not be tortured or subjected to cruel, inhuman, or
degrading treatment, are not a sufficient basis for believing
that the person would not be in subjected to torture or cruel,
inhuman, or degrading treatment in the country requesting such
extradition pursuant to paragraph (1).
SEC. 3. IMPLEMENTATION OF OBLIGATION NOT TO RETURN TO RISK OF TORTURE.
(a) In General.--Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (8 U.S.C. 1231 note) is amended by striking
subsection (b) and inserting the following:
``(b) Regulations.--
``(1) Issuance.--Not later than 120 days after the date of
the enactment of the Torture Outsourcing Prevention Act, the
heads of the appropriate Government agencies shall prescribe
regulations to implement the obligations of the United States
under Article 3 of the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, subject to any reservations, understandings,
declarations and provisos contained in the United States Senate
resolution of ratification of the Convention.
``(2) Requirements of regulations.--Regulations issued by
the head of an agency under paragraph (1) shall set forth--
``(A) the responsibilities of the agency, its
employees, and its contractors to comply, both within
and outside of the United States, with the obligations
of the United States under Article 3 of the Convention
Against Torture referred to in paragraph (1); and
``(B) the process by which a person may raise and
adjudicate in an independent judicial forum a claim
that his or her transfer would be in violation of
Article 3 of the Convention Against Torture referred to
in paragraph (1), including the process by which the
individual being transferred can challenge any
diplomatic or other assurances received from the
government to which the individual would be returned
that the individual will not be subjected to torture or
ill treatment.
``(3) Definition.--For purposes of this subsection, the
term `appropriate Government agencies' means the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))), the Departments of State,
Defense, Homeland Security, and Justice, the United States
Secret Service, the United States Marshals Service, and any
other law enforcement, national security, intelligence, or
homeland security agency that imprisons, detains, or transfers
prisoners or detainees, or that otherwise takes or assumes
custody of persons or transfers persons to another country.''.
(b) Existing Regulations.--
(1) In general.--The amendment made by subsection (a) does
not nullify any regulations issued by an agency, before the
effective date of this Act, under section 2242(b) of the
Foreign Affairs Reform and Restructuring Act of 1998. In such a
case, the agency shall amend such regulations to comply with
the amendment made by subsection (a) of this section.
(2) Special rule concerning immigration laws.--
Notwithstanding any other provision of this Act, or any
amendment made by this Act, nothing in this Act shall be
construed to affect immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))), or regulations issued pursuant to immigration
laws, except that the Secretary of Homeland Security, not later
than 120 days after the date of the enactment of this Act,
shall revise the regulations issued by the Secretary to
implement section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (8 U.S.C. 1231 note) so as to ensure
that written or verbal assurances made by the government of a
country that a person in immigration proceedings in the United
States (including asylum proceedings) will not be tortured or
subjected to cruel, inhuman, or degrading treatment if the
person is removed by the United States to the country are not,
standing alone, a sufficient basis for believing that the
person would not be tortured or subjected to such treatment if
the person were removed to the country.
SEC. 4. SAVINGS CLAUSE.
Nothing in this Act or the amendments made by this Act shall be
construed to eliminate, limit, or constrain in any way the rights that
an individual has under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, or any other applicable
law.
SEC. 5. EFFECTIVE DATE.
This Act takes effect on the date that is 30 days after the date of
the enactment of this Act. | Torture Outsourcing Prevention Act - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where there are substantial grounds for believing that torture, cruel, or degrading treatment is commonly used in the detention or interrogation of individuals.
Prohibits the direct or indirect transfer or return of persons by the United States for the purpose of detention, interrogation, trial, or otherwise to a listed country. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur.
Prohibits the transfer from the United States of any person to a non-listed country without an opportunity to challenge such transfer on the grounds of being subjected to torture or cruel or degrading treatment.
Amends the Foreign Affairs Reform and Restructuring Act of 1998 to direct the appropriate government agencies to prescribe regulations to implement U.S. obligations under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. | {"src": "billsum_train", "title": "To prohibit the return or other transfer of persons by the United States, for the purpose of detention, interrogation, trial, or otherwise, to countries where torture or other inhuman treatment of persons occurs, and for other purposes."} | 1,972 | 227 | 0.611797 | 1.92345 | 1.063303 | 3.783069 | 9.349206 | 0.915344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Shell Tribe of Chippewa
Indians Restoration Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the signatories
of the Pembina Treaty of 1863, have been recognized by the
Federal Government as distinct Indian tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more than
100 years since ceding land in the State of North Dakota as
described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of June
18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under the
Act of August 13, 1946 (60 Stat. 1049) (commonly known as the
``Indian Claims Commission Act''), to petition for additional
compensation for land ceded to the United States under the
Pembina Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of
the Tribe since the 1930s.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is extended to the Tribe.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Beginning on the date of enactment of this Act,
the Tribe and each member shall be eligible for all services and
benefits provided by the United States to Indians and federally
recognized Indian tribes, without regard to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be considered
to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties
in the State of Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
enactment of this Act.
(b) Claims of Tribe.--Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of
the Tribe to enforce any right or privilege reserved by, or granted to,
the Tribe that was wrongfully denied to, or taken from, the Tribe
before the date of enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--As a condition of receiving recognition, services,
and benefits pursuant to this Act, the Tribe shall submit to the
Secretary, by not later than 18 months after the date of enactment of
this Act, a membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with sections 1 through 3 of article 5 of the constitution of the Tribe
dated September 10, 1977 (including amendments to the constitution).
(c) Maintenance of Roll.--The Tribe shall maintain the membership
roll under this section.
SEC. 8. TRANSFER OF LAND.
(a) Homeland.--The Secretary shall acquire, for the benefit of the
Tribe, trust title to 200 acres of land within the service area of the
Tribe to be used for a tribal land base.
(b) Additional Land.--The Secretary may acquire additional land for
the benefit of the Tribe pursuant to section 5 of the Act of June 18,
1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization
Act''). | Little Shell Tribe of Chippewa Indians Restoration Act of 2007 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation.
Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Secretary of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll.
Directs the Secretary to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. | {"src": "billsum_train", "title": "A bill to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes."} | 1,571 | 207 | 0.519674 | 1.562755 | 0.744406 | 6.278107 | 7.923077 | 0.964497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Double Taxation Elimination and
Economic Growth Act of 2003''.
SEC. 2. DEDUCTION FOR DIVIDENDS PAID.
(a) In General.--Part VIII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to special deductions for
corporations) is amended by adding at the end the following new
section:
``SEC. 250. DIVIDENDS PAID BY CORPORATIONS.
``(a) In General.--In the case of a domestic corporation, there
shall be allowed as a deduction for the taxable year an amount equal to
the amount of dividends paid during the taxable year.
``(b) Exceptions.--Subsection (a) shall not apply to--
``(1) any dividend from--
``(A) a regulated investment company,
``(B) a real estate investment trust, or
``(C) an S corporation,
``(2) any dividend of a corporation which for the taxable
year of the corporation in which the distribution is made is a
corporation exempt from tax under section 521 (relating to
farmers' cooperative associations), and
``(3) any dividend described in section 404(k).
``(c) Disallowance of Dividends Received Deduction.--In the case of
the deduction allowed by subsection (a) with respect to any dividend,
no deduction shall be allowed under any other provision of this part
with respect to such dividend.''.
(b) Clerical Amendment.--The table of sections for part VIII of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 250. Dividends paid by
corporations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. DIVIDENDS RECEIVED BY INDIVIDUALS TAXED AT CAPITAL GAIN RATES.
(a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended by adding at the end the following new paragraph:
``(13) Dividends taxed as net capital gain.--
``(A) In general.--For purposes of this subsection,
the term `net capital gain' means net capital gain
(determined without regard to this paragraph) increased
by qualified dividend income.
``(B) Qualified dividend income.--For purposes of
this paragraph, the term `qualified dividend income'
means dividends received from domestic corporations
during the taxable year other than--
``(i) any dividend from a corporation which
for the taxable year of the corporation in
which the distribution is made, or the
preceding taxable year, is a corporation exempt
from tax under section 501 or 521,
``(ii) any dividend from a real estate
investment trust which, for the taxable year in
which the dividend is paid, qualified under
part II of subchapter M,
``(iii) any amount allowed as a deduction
under section 591 (relating to deduction for
dividends paid by mutual savings banks, etc.),
``(iv) any dividend described in section
404(k),
``(v) any dividend on any share of stock
with respect to which the holding period
requirements of section 246(c) are not met, and
``(vi) any dividend which the taxpayer
takes into account as investment income under
section 163(d)(4)(B).
``(C) Special rule for nonresident aliens.--In the
case of a nonresident alien individual, subparagraph
(A) shall apply only--
``(i) in determining the tax imposed for
the taxable year pursuant to section 871(b) and
only in respect of dividends which are
effectively connected with the conduct of a
trade or business within the United States, and
``(ii) in determining the tax imposed for
the taxable year pursuant to section 877.
``(D) Treatment of dividends from regulated
investment companies.--
``For treatment of dividends from
regulated investment companies, see section 854.''.
(b) Treatment of Dividends From Regulated Investment Companies.--
(1) Subsection (a) of section 854 of such Code is amended
by inserting ``section 1(h)(13) (relating to maximum rate of
tax on dividends) and'' after ``For purposes of''.
(2) Paragraph (1) of section 854(b) of such Code is amended
by redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Maximum rate under section 1(h).--
``(i) In general.--If the aggregate
dividends received by a regulated investment
company during any taxable year are less than
95 percent of its gross income, then, in
computing the maximum rate under section
1(h)(13), rules similar to the rules of
subparagraph (A) shall apply.
``(ii) Gross income.--For purposes of
clause (i), in the case of 1 or more sales or
other dispositions of stock or securities, the
term `gross income' includes only the excess
of--
``(I) the net short-term capital
gain from such sales or dispositions,
over
``(II) the net long-term capital
loss from such sales or
dispositions.''.
(3) Subparagraph (C) of section 854(b)(1) of such Code, as
redesignated by paragraph (2), is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
(4) Paragraph (2) of section 854(b) of such Code is amended
by inserting ``the maximum rate under section 1(h)(13) and''
after ``for purposes of''.
(c) Exclusion of Dividends From Investment Income.--Subparagraph
(B) of section 163(d)(4) of such Code is amended by adding at the end
the following flush sentence:
``Such term shall include qualified dividend income (as
defined in section 1(h)(13)(B)) only to the extent the
taxpayer elects to treat such income as investment
income for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Double Taxation Elimination and Economic Growth Act of 2003 - Amends the Internal Revenue Code to: (1) allow, for a corporation, a deduction for dividends paid; and (2) tax dividends received by individuals as capital gain. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to give a deduction to corporations for dividends paid and to exclude dividends from gross income."} | 1,489 | 51 | 0.610233 | 1.223887 | 0.700747 | 2.577778 | 28.866667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Financial
Accountability Act of 2009''.
SEC. 2. AUDIT OF FINANCIAL STATEMENTS OF THE DEPARTMENT OF DEFENSE.
(a) Financial Statements of Department of Defense.--
(1) Validation as ready for audit.--The financial
statements of the Department of Defense for a fiscal year shall
be validated as ready for audit by not later than September 30,
2017.
(2) Audit.--The financial statements of the Department of
Defense for a fiscal year shall be audited, and an opinion
shall be rendered pursuant to such audit, for the first fiscal
year for which the financial statements are ready for audit,
but not later than fiscal year 2017, and for each fiscal year
thereafter.
(3) Deadline for audit.--The audit of the financial
statements of the Department of Defense shall be completed as
follows:
(A) In the event the financial statements for a
fiscal year before fiscal year 2017 are ready for
audit, by not later than two years after the last day
of such fiscal year.
(B) In the case of the financial statement fiscal
year 2017, by not later than September 30, 2019.
(C) In the case of the financial statement for any
fiscal year after fiscal year 2017, by not later than
one year after the last day of such fiscal year.
(b) Financial Statements of the Military Departments and DLA.--In
furtherance of compliance with the requirements in subsection (a), the
following requirements shall apply:
(1) Department of the army.--
(A) Validation as ready for audit.--The financial
statements of the Department of the Army for a fiscal
year shall be validated as ready for audit by not later
than March 31, 2017.
(B) Audit.--The financial statements of the
Department of the Army for a fiscal year shall be
audited, and an opinion shall be rendered pursuant to
such audit, for the first fiscal year for which the
financial statements are ready for audit, but not later
than fiscal year 2017, and for each fiscal year
thereafter.
(C) Deadline for audit.--The audit of the financial
statements of the Department of Army shall be completed
as follows:
(i) In the event the financial statements
for a fiscal year before fiscal year 2017 are
ready for audit, by not later than two years
after the last day of such fiscal year.
(ii) In the case of the financial statement
fiscal year 2017, by not later than September
30, 2019.
(iii) In the case of the financial
statement for any fiscal year after fiscal year
2017, by not later than one year after the last
day of such fiscal year.
(2) Department of the navy.--
(A) Validation as ready for audit.--The financial
statements of the Department of the Navy for a fiscal
year shall be validated as ready for audit by not later
than March 31, 2016.
(B) Audit.--The financial statements of the
Department of the Navy for a fiscal year shall be
audited, and an opinion shall be rendered pursuant to
such audit, for the first fiscal year for which the
financial statements are ready for audit, but not later
than fiscal year 2016, and for each fiscal year
thereafter.
(C) Deadline for audit.--The audit of the financial
statements of the Department of Navy shall be completed
as follows:
(i) In the event the financial statements
for a fiscal year before fiscal year 2016 are
ready for audit, by not later than two years
after the last day of such fiscal year.
(ii) In the case of the financial statement
fiscal year 2016, by not later than September
30, 2018.
(iii) In the case of the financial
statement for any fiscal year after fiscal year
2016, by not later than one year after the last
day of such fiscal year.
(3) Department of the air force.--
(A) Validation as ready for audit.--The financial
statements of the Department of the Air Force for a
fiscal year shall be validated as ready for audit by
not later than September 30, 2016.
(B) Audit.--The financial statements of the
Department of the Air Force for a fiscal year shall be
audited, and an opinion shall be rendered pursuant to
such audit, for the first fiscal year for which the
financial statements are ready for audit, but not later
than fiscal year 2016, and for each fiscal year
thereafter.
(C) Deadline for audit.--The audit of the financial
statements of the Department of the Air Force shall be
completed as follows:
(i) In the event the financial statements
for a fiscal year before fiscal year 2016 are
ready for audit, by not later than two years
after the last day of such fiscal year.
(ii) In the case of the financial statement
fiscal year 2016, by not later than September
30, 2018.
(iii) In the case of the financial
statement for any fiscal year after fiscal year
2016, by not later than one year after the last
day of such fiscal year.
(4) Defense logistics agency.--
(A) Validation as ready for audit.--The financial
statements of the Defense Logistics Agency for a fiscal
year shall be validated as ready for audit by not later
than September 30, 2017.
(B) Audit.--The financial statements of the Defense
Logistics Agency for a fiscal year shall be audited,
and an opinion shall be rendered pursuant to such
audit, for the first fiscal year for which the
financial statements are ready for audit, but not later
than fiscal year 2017, and for each fiscal year
thereafter.
(C) Deadline for audit.--The audit of the financial
statements of the Defense Logistics Agency shall be
completed as follows:
(i) In the event the financial statements
for a fiscal year before fiscal year 2017 are
ready for audit, by not later than two years
after the last day of such fiscal year.
(ii) In the case of the financial statement
fiscal year 2017, by not later than September
30, 2019.
(iii) In the case of the financial
statement for any fiscal year after fiscal year
2017, by not later than one year after the last
day of such fiscal year.
(c) Validation as Ready for Audit of Financial Statements Regarding
Particular Matters.--In furtherance of compliance with the requirements
in subsections (a) and (b), the following requirements shall apply:
(1) Military equipment.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to military equipment shall be validated as ready for
audit by not later than December 31, 2013.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to military equipment shall be validated as ready for
audit by not later than September 30, 2014.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to military equipment shall be validated as
ready for audit by not later than March 31, 2016.
(2) Real property.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to real property shall be validated as ready for audit
by not later than December 31, 2013.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to real property shall be validated as ready for audit
by not later than March 31, 2014.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to real property shall be validated as ready
for audit by not later than September 30, 2014.
(D) Defense logistics agency.--The financial
statements of the Defense Logistics Agency with respect
to real property shall be validated as ready for audit
by not later than March 31, 2015.
(3) Inventory.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to inventory shall be validated as ready for audit by
not later than March 31, 2017.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to inventory shall be validated as ready for audit by
not later than December 31, 2013.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to inventory shall be validated as ready for
audit by not later than September 30, 2016.
(D) Defense logistics agency.--The financial
statements of the Defense Logistics Agency with respect
to inventory shall be validated as ready for audit by
not later than September 30, 2015.
(4) Operating material and supplies.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to operating material and supplies shall be validated
as ready for audit by not later than March 31, 2017.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to operating material and supplies shall be validated
as ready for audit by not later than March 31, 2016.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to operating materials and supplies shall be
validated as ready for audit by not later than
September 30, 2016.
(5) Environmental liabilities.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to environmental liabilities shall be validated as
ready for audit by not later than December 31, 2013.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to environmental liabilities shall be validated as
ready for audit by not later than March 31, 2010.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to environmental liabilities shall be validated
as ready for audit by not later than December 31, 2011.
(D) Defense logistics agency.--The financial
statements of the Defense Logistics Agency with respect
to environmental liabilities shall be validated as
ready for audit by not later than September 30, 2017.
(6) Fund balance with the treasury.--
(A) Department of the army.--The financial
statements of the Department of the Army with respect
to the fund balance with the Treasury shall be
validated as ready for audit by not later than
September 30, 2010.
(B) Department of the navy.--The financial
statements of the Department of the Navy with respect
to the fund balance with the Treasury shall be
validated as ready for audit by not later than December
31, 2010.
(C) Department of the air force.--The financial
statements of the Department of the Air Force with
respect to the fund balance with the Treasury shall be
validated as ready for audit by not later than December
31, 2011.
(D) Defense logistics agency.--The financial
statements of the Defense Logistics Agency with respect
to the fund balance with the Treasury shall be
validated as ready for audit by not later than
September 30, 2011.
(d) Performance of Audits and Validations.--Any audit or validation
as ready for audit of a financial statement required under subsections
(a) through (c) may be performed by an independent auditor qualified
for the performance of such audit or validation, as the case may be.
(e) Action if Compliance Not Achieved.--
(1) In general.--In the event the Department of Defense or
a component of the Department of Defense is unable to achieve
compliance with a requirement in subsection (a), (b), or (c) by
the completion date for such requirement otherwise specified in
the applicable provision of such subsection, the Secretary of
Defense or the head of the component, as applicable, shall
submit to the appropriate committees of Congress, not later
than 30 days after the completion date otherwise so specified,
a report setting forth the following:
(A) A statement of the reasons why compliance with
the requirement was not achieved by the completion date
for the requirement.
(B) A description of the actions to be taken to
achieve compliance with the requirement.
(C) A proposed completion date for achievement of
compliance with the requirement.
(2) Construction.--Nothing in this subsection shall be
construed to waive any deadline for the completion of a
requirement under subsections (a) through (c).
(f) Semiannual Reports on Financial Improvement Audit Readiness
Plan.--
(1) In general.--Not later than May 15 and November 15 each
year, the Under Secretary of Defense (Comptroller) shall submit
to the appropriate committees of Congress a report on progress
under the financial improvement audit readiness (FIAR) plan
during two calendar year quarters ending March 31 and September
30, respectively, of such year.
(2) Elements.--Each report under paragraph (1) shall
include, for the two calendar year quarters covered by such
report, the following with respect to the portion of such
report relating to priority segments:
(A) A detailed description of any deficiencies
identified during discovery.
(B) A description of the actions to be taken to
remedy any deficiency so identified.
(C) A deadline for the completion of any actions
set forth under subparagraph (B).
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the
Committee on Oversight and Government Reform of the
House of Representatives.
(2) Validation.--The term ``validation'', with respect to
the auditability of financial statements, means a determination
following an examination engagement that the financial
statements comply with generally accepted accounting principles
and applicable laws and regulations and reflect reliable
internal controls. | Department of Defense Financial Accountability Act of 2009 - Requires annual audits of the financial statements of the: (1) Department of Defense (DOD); (2) Department of the Army; (3) Department of the Navy; (4) Department of the Air Force; and (5) Defense Logistics Agency. Sets forth deadlines concerning the completion of such audits and the validation of such financial statements as ready for audit.
Requires validation of the financial statements of the Departments of the Army, Navy, and Air Force and the Defense Logistics Agency as ready for audit by specified deadlines with respect to: (1) military equipment; (2) real property; (3) inventory; (4) operational material and supplies; (5) environmental liabilities; and (6) the fund balance with the Treasury.
Provides for the submission of a report to specified congressional committees if DOD or a component of DOD is unable to achieve compliance with the completion date for a requirement under this Act.
Requires semiannual reports to such committees on the financial improvement audit readiness (FIAR) plan. | {"src": "billsum_train", "title": "A bill to provide for the audit of financial statements of the Department of Defense for fiscal year 2017 and fiscal years thereafter, and for other purposes."} | 2,862 | 223 | 0.637274 | 1.807384 | 0.733994 | 3.037559 | 13.478873 | 0.924883 |
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