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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Computer Recycling Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``cathode ray tube'' means a vacuum tube or
picture tube used to convert an electronic signal into a visual
image;
(3) the term ``central processing unit'' includes a case
and all of its contents, such as the primary printed circuit
board and its components, additional printed circuit boards,
one or more disc drives, a transformer, interior wire, and a
power cord;
(4) the term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions,
and may include both a central processing unit and a monitor,
but such term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other similar
device;
(5) the term ``hazardous waste'' has the meaning given that
term in section 1004(5) of the Solid Waste Disposal Act (42
U.S.C. 6903);
(6) the term ``monitor'' means a separate visual display
component of a computer, whether sold separately or together
with a central processing unit, and includes a cathode ray tube
or liquid crystal display, its case, interior wires and
circuitry, cable to the central processing unit, and power
cord; and
(7) the term ``nonprofit organization'' means an
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. 3. FEE.
(a) Requirement.--Effective 180 days after the transmittal to the
Congress of the results of the study conducted under section 6(a), the
Administrator shall require that a fee be assessed on the sale
(including a sale through the Internet or a catalogue) to an end-user
of any computer, monitor, or other electronic device designated by the
Administrator under subsection (c). The Administrator shall establish
procedures for the collection of such fee. The requirement under this
subsection shall not apply to a sale by an end-user to a subsequent
end-user.
(b) Fee Amount.--The amount of the fee required under subsection
(a) shall--
(1) be an amount sufficient to cover the costs of carrying
out section 4(a) and subsection (c) of this section;
(2) be uniform--
(A) for each computer with a central processing
unit and monitor integrated in a single device;
(B) for each central processing unit;
(C) for each monitor; and
(D) for each class of other devices designated by
the Administrator under subsection (c);
(3) not exceed $10 per computer, monitor, or other
designated device; and
(4) be clearly indicated on the label, external packing
materials, or sales receipt of the computer, monitor, or
device.
(c) Administrative Costs.--Persons required by the Administrator to
collect a fee under this section may retain 3 percent of amounts so
collected to pay the costs of administering the fee collection program.
(d) Exempted Sales.--The requirement of a fee under this section
shall not apply to a sale of a used computer, monitor, or device by a
nonprofit organization.
(e) Additional Exemption.--The Administrator may exempt from the
requirement of a fee under this section any sale made under a contract
or an arrangement that the Administrator determines is likely to result
in the maximum reuse of significant components of the computer,
monitor, or device, and the disposal of the remaining components--
(1) in an environmentally sound and responsible manner;
(2) without violation of any Federal or State law; and
(3) without reliance on funding from State or local
governments,
when the computer, monitor, or device is no longer of use to the end-
user.
(f) Designation of Electronic Devices.--The Administrator may
designate additional electronic devices to which the fee under
subsection (a) shall apply if those electronic devices--
(1) contain a significant amount of material that, when
disposed of, would be hazardous waste; and
(2) include one or more liquid crystal displays, cathode
ray tubes, or circuit boards.
SEC. 4. GRANTS.
(a) Uses of Fee Amounts.--Amounts collected under section 3 shall
be used, to the extent provided in advance in appropriations Acts, by
the Administrator for--
(1) covering the costs of administration of this Act; and
(2) making grants under subsection (b).
Not more than 10 percent of the funds available pursuant to this Act
for any fiscal year may be used for costs described in paragraph (1).
(b) Grant Purposes.--The Administrator shall make grants with funds
collected under section 3 to individuals or organizations (including
units of local government) for--
(1) collecting or processing used computers, monitors, or
other designated devices for recycling purposes;
(2) reusing or reselling such computers, monitors, or
devices, or components thereof; and
(3) extracting and using, or selling for reuse, raw
materials from such computers, monitors, or devices.
(c) Eligibility.--An individual or organization shall be eligible
for a grant under subsection (b) only if the individual or organization
provides assurances to the satisfaction of the Administrator that it
will carry out the grant purposes in a manner that complies with all
applicable Federal and State environmental and health laws.
(d) Selection Criteria.--In selecting proposals for grants under
subsection (b), the Administrator shall consider--
(1) the quantity of used computers, monitors, or other
designated devices that will be diverted from landfills;
(2) the estimated cost per unit of the collection,
processing, reuse, or sale proposed;
(3) the availability of, and potential for, markets for
recycled materials;
(4) the degree to which the proposal mitigates or avoids
harmful environmental or health effects;
(5) the degree to which the proposal employs innovative
recycling technologies; and
(6) the demonstrated history of the grant applicant in
disposing of or providing for the reuse of computers, monitors,
or devices in an environmentally sound and responsible manner
without violation of any Federal or State law.
The Administrator shall ensure that grants are provided to a
geographically diverse group of recipients.
SEC. 5. CONSULTATION.
In carrying out this Act, the Administrator shall consult with
representatives of the computer manufacturing, retail, and recycling
industries, waste management professionals, environmental and consumer
groups, and other appropriate individuals and organizations (including
units of local government).
SEC. 6. STUDY AND REPORTS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Administrator shall transmit to the Congress the
results of a study that--
(1) identifies waste materials in used computers that may
be hazardous to human health or the environment;
(2) estimates the quantities of such materials that exist
or will exist in the future, including a separate estimate of
the quantities of such materials that are exported from the
United States;
(3) estimates the costs of transporting, collecting, and
processing computers, monitors, and other designated devices;
(4) describes current management of such waste materials;
(5) makes recommendations for the management of electronic
products containing such waste materials at the end of their
useful lives; and
(6) estimates the demand for materials from recycled
computers, and make recommendations for increasing the markets
for such materials.
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 4 additional years, the
Administrator shall transmit to the Congress a report on the status of
computer recycling. Such report shall include a description of the
amount of fees collected under section 3, and a description of the
amount of administrative costs paid for and grants made under section 4
with funds collected through such fees. | National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency, after submitting to Congress a study of waste materials in used computers that may be hazardous to human health or the environment, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.Requires fees collected to be used for administration of this Act and grants for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such articles; and (3) extracting and using, or selling for reuse, raw materials from such articles.Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use. | {"src": "billsum_train", "title": "To establish a grant and fee program through the Environmental Protection Agency to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers, and for other purposes."} | 1,734 | 156 | 0.530413 | 1.540136 | 0.700019 | 5.131944 | 11.8125 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Tourism Organization
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the travel and tourism industry is the second largest
retail or service industry in the United States, and travel and
tourism services ranked as the largest United States export in
1995, generating an $18.6 billion trade surplus for the United
States;
(2) domestic and international travel and tourism
expenditures totaled $433 billion in 1995, $415 billion spent
directly within the United States and an additional $18 billion
spent by international travelers on United States flag carriers
traveling to the United States;
(3) direct travel and tourism receipts make up 6 percent of
the United States gross domestic product;
(4) in 1994 the travel and tourism industry was the
nation's second largest employer, directly responsible for 6.3
million jobs and indirectly responsible for another 8 million
jobs;
(5) employment in major sectors of the travel industry is
expected to increase 35 percent by the year 2005;
(6) 99.7 percent of travel businesses are defined by the
Federal Government as small businesses; and
(7) the White House Conference on Travel and Tourism in
1995 brought together 1,700 travel and tourism industry
executives from across the nation and called for the
establishment, by federal charter, of a new national tourism
organization to promote international tourism to all parts of
the United States.
SEC. 3. UNITED STATES TOURISM ORGANIZATION.
(a) Establishment.--There is established with a Federal charter,
the United States Tourism Organization (hereafter in this Act referred
to as the ``Organization''). The Organization shall be a not for profit
organization. The Organization shall maintain its principal offices and
national headquarters in the greater metropolitan area of Washington,
D.C., and may hold its annual and special meetings in such places as
the Organization shall determine.
(b) Organization not a Federal Agency.--Notwithstanding any other
provision of the law, the Organization shall not be considered a
Federal agency for the purposes of civil service laws or any other
provision of Federal law governing the operation of Federal agencies,
including personnel or budgetary matters relating to Federal agencies.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Organization or any entities within the Organization.
(c) Duties.--The Organization shall--
(1) facilitate the development and use of public-private
partnerships for travel and tourism policymaking;
(2) seek to, and work for, an increase in the share of the
United States in the global tourism market;
(3) implement the national travel and tourism strategy
developed by the National Tourism Board under section 4;
(4) operate travel and tourism promotion programs outside
the United States in partnership with the travel and tourism
industry in the United States;
(5) establish a travel-tourism data bank and, through that
data bank collect and disseminate international market data:
(6) conduct market research necessary for the effective
promotion of the travel and tourism market; and
(7) promote United States travel and tourism.
(d) Powers.--The Organization--
(1) shall have perpetual succession;
(2) shall represent the United States in its relations with
international tourism agencies;
(3) may sue and be sued;
(4) may make contracts;
(5) may acquire, hold, and dispose of real and personal
property as may be necessary for its corporate purposes;
(6) may accept gifts, legacies, and devices in furtherance
of its corporate purposes;
(7) may provide financial assistance to any organization or
association, other than a corporation organized for profit, in
furtherance of the purpose of the corporation;
(8) may adopt and alter a corporate seal;
(9) may establish and maintain offices for the conduct of
the affairs of the Organization;
(10) may publish a newspaper, magazine, or other
publication consistent with its corporate purposes;
(11) may do any and all acts and things necessary and
proper to carry out the purposes of the Organization; and
(12) may adopt and amend a constitution and bylaws not
inconsistent with the laws of the United States or of any
State, except that the Organization may amend its constitution
only if it--
(A) publishes in its principal publication a
general notice of the proposed alteration of the
constitution, including the substantive terms of the
alteration, the time and place of the Organization's
regular meeting at which the alteration is to be
decided, and a provision informing interested persons
that they may submit materials as authorized in
subparagraph (B); and
(B) gives to all interested persons, prior to the
adoption of any amendment, an opportunity to submit
written data, views, or arguments concerning the
proposed amendment for a period of at least 60 days
after the date of publication of the notice.
(e) Nonpolitical Nature of the Organization.--The Organization
shall be nonpolitical and shall not promote the candidacy of any person
seeking public office.
(f) Prohibition Against Issuance of Stock or Business Activities.--
The Organization shall have no power to issue capital stock or to
engage in business for pecuniary profit or gain.
SEC. 4. NATIONAL TOURISM BOARD.
(a) Establishment.--The Organization shall be governed by a Board
of Directors known as the National Tourism Board (hereinafter in this
Act referred to as the ``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of 48
members, and shall be self-perpetuating. Initial members shall
be appointed as provided in paragraph (2). The Board shall
elect a chair from among its members.
(2) Founding members.--The founding members of the Board
shall be appointed, or elected, as follows:
(A) The Under Secretary of Commerce for
International Trade Administration shall serve as a
member ex officio.
(B) 5 State Travel Directors elected by the
National Council of State Travel Directors.
(C) 5 members elected by the International
Association of Convention and Visitor Bureaus.
(D) 3 members elected by the Air Transport
Association.
(E) 1 member elected by the National Association of
Recreational Vehicle Parks and Campgrounds; 1 member
elected by the Recreation Vehicle Industry Association.
(F) 2 members elected by the International
Association of Amusement Parks and Attractions.
(G) 3 members appointed by major companies in the
travel payments industry.
(H) 5 members elected by the American Hotel and
Motel Association.
(I) 2 members elected by the American Car Rental
Association; 1 member elected by the American
Automobile Association; 1 member elected by the
American Bus Association; 1 member elected by Amtrak.
(J) 1 member elected by the National Tour
Association; 1 member elected by the United States Tour
Operators Association.
(K) 1 member elected by the Cruise Lines
International Association; 1 member elected by the
National Restaurant Association; one member elected by
the National Park Hospitality Association; 1 member
elected by the Airports Council International; 1 member
elected by the Meeting Planners International; 1 member
elected by the American Sightseeing International; 4
members elected by the Travel Industry Association of
America; 1 member elected by the Association of Retail
Travel Agents; 1 member elected by the American Society
of Travel Agents; and 1 member elected by the Rural
Tourism Development Foundation.
(L) 1 member elected by the National Trust for
Historic Preservation.
(M) 1 member elected by the American Association of
Museums.
(3) Terms.--Terms of Board members and of the Chair shall
be determined by the Board and made part of the Organization
bylaws.
(c) Duties of the Board.--The Board shall--
(1) develop a national travel and tourism strategy for
increasing tourism to and within the United States; and
(2) advise the President, the Congress, and members of the
travel and tourism industry concerning the implementation of
the national strategy referred to in paragraph (1) and other
matters that affect travel and tourism.
(d) Authority.--The Board is hereby authorized to meet to complete
the organization of the Organization by the adoption of a constitution
and bylaws, and by doing all things necessary to carry into effect the
provisions of this Act.
(e) Initial Meetings.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
have its first meeting.
(f) Meetings.--The Board shall meet at the call of the Chair, but
not less frequently than semiannually.
(g) Compensation and Expenses.--The chairman and members of the
Board shall serve without compensation but may be compensated for
expenses incurred in carrying out the duties of the Board.
(h) Testimony, Reports, and Support.--The Board may present
testimony to the President, to the Congress, and to the legislatures of
the States and issue reports on its findings and recommendations.
(i) Immunity.--Members of the Board shall not be personally liable
for any action taken by the Board.
SEC. 5. SYMBOLS, EMBLEMS, TRADEMARKS, AND NAMES.
(a) In General.--The Organization shall provide for the design of
such symbols, emblems, trademarks, and names as may be appropriate and
shall take all action necessary to protect and regulate the use of such
symbols, emblems, trademarks, and names under law.
(b) Unauthorized Use; Civil Action.--Any person who, without the
consent of the Organization, uses--
(1) the symbol of the Organization;
(2) the emblem of the Organization;
(3) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
Organization; or
(4) the words ``United States Tourism Organization'', or
any combination or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to falsely suggest
a connection with the Organization or any Organization
activity;
for the purpose of trade, to induce the sale of any goods or services,
or to promote any exhibition shall be subject to suit in a civil action
brought in the appropriate court by the Organization for the remedies
provided in the Act of July 5, 1946 (60 Stat. 427; 15 U.S.C. 1501 et
seq.), popularly known as the Trademark Act of 1946. Paragraph (4) of
this subsection shall not be construed to prohibit any person who,
before the date of enactment of this Act, actually used the words
``United States Tourism Organization'' for any lawful purpose from
continuing such lawful use for the same purpose and for the same goods
and services.
(c) Contributors and Suppliers.--The Organization may authorize
contributors and suppliers of goods and services to use the trade name
of the Organization as well as any trademark, symbol, insignia, or
emblem of the Organization in advertising that the contributions,
goods, or services were donated, supplied, or furnished to or for the
use of, approved, selected, or used by the Organization.
(d) Exclusive Right of the Organization.--The Organization shall
have exclusive right to use the name ``United States Tourism
Organization'', the symbol described in subsection (b)(1), the emblem
described in subsection (b)(2), and the words ``United States Tourism
Organization'', or any combination thereof, subject to the use reserved
by the second sentence of subsection (b).
SEC. 6. UNITED STATES GOVERNMENT COOPERATION.
(a) Secretary of State.--The Secretary of State shall--
(1) place a high priority on implementing recommendations
by the Organization; and
(2) cooperate with the Organization in carrying out its
duties.
(b) Director of the United States Information Agency.--The Director
of the United States Information Agency shall--
(1) place a high priority on implementing recommendations
by the Organization; and
(2) cooperate with the Organization in carrying out its
duties.
(c) Trade Promotion Coordinating Committee.-- Section 2312 of the
Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
(1) by striking out ``and'' at the end of subsection
(c)(4);
(2) by striking the period at the end of subsection (c)(5)
and inserting a semicolon and the word ``and'';
(3) by adding at the end thereof the following:
``(6) reflect recommendations by the National Tourism Board
established under the United States Tourism Organization Act.''
and
(2) in paragraph (d)(1) by striking ``and'' in subparagraph
(L), by redesignating subparagraph (M) as subparagraph (N), and
by inserting the following:
``(M) the Chairman of the Board of the United States
Tourism Organization, as established under the United States
Tourism Organization Act; and''.
SEC. 7. SUNSET.
If, by the date that is 2 years after the date of incorporation of
the Organization, a plan for the long-term financing of the
Organization has not been implemented, the Organization and the Board
shall terminate.
Passed the Senate August 2, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary. | United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal not-for-profit organization to implement the national travel and tourism strategy developed by the Board.
Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations.
Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC.
Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation. | {"src": "billsum_train", "title": "United States Tourism Organization Act"} | 2,819 | 175 | 0.517206 | 1.493534 | 0.807568 | 3.5 | 17.772727 | 0.915584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphans, Widows, and Widowers
Protection Act''.
SEC. 2. RELIEF FOR ORPHANS AND SPOUSES OF UNITED STATES CITIZENS AND
RESIDENTS.
(a) Amendment.--Section 201(b)(2)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended--
(1) by inserting ``or, if married to such citizen for less
than 2 years at the time of the citizen's death, an alien who
proves by a preponderance of the evidence that the marriage was
entered into in good faith and not solely for the purpose of
obtaining an immigration benefit'' after ``for at least 2 years
at the time of the citizen's death''; and
(2) by adding at the end the following: ``For purposes of
this subsection, an alien who was the child or parent of a
citizen of the United States on the date of the citizen's death
shall be considered to remain an immediate relative after such
date if the alien parent files a petition under section
204(a)(1)(A)(ii) not later than 2 years after such date or the
alien child files such a petition before reaching 21 years of
age.''.
(b) Special Rule for Orphans and Spouses.--In applying section
201(b)(2)(A)(i) of the Immigration and Nationality Act, as amended by
subsection (a), to an alien whose citizen or lawful permanent resident
relative died before the date of the enactment of this Act, the alien
relative may file the classification petition under section
204(a)(1)(A)(ii) of such Act not later than 2 years after the date of
the enactment of this Act.
(c) Eligibility for Parole.--If an alien was excluded, deported,
removed, or departed voluntarily before the date of the enactment of
this Act based solely upon the alien's lack of classification as an
immediate relative (as defined in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act) due to the death of the alien's
citizen relative--
(1) such alien shall be eligible for parole into the United
States pursuant to the Attorney General's discretionary
authority under section 212(d)(5) of such Act (8 U.S.C.
1182(d)(5)); and
(2) such alien's application for adjustment of status shall
be considered notwithstanding section 212(a)(9) of such Act (8
U.S.C. 1182(a)(9)).
SEC. 3. ADJUSTMENT OF STATUS.
(a) Surviving Spouses, Parents, and Children.--Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at
the end the following:
``(n) Application for Adjustment of Status by Surviving Spouses,
Parents, and Children.--
``(1) In general.--An alien described in paragraph (2) who
applies for adjustment of status before the death of the
qualifying relative may have such application adjudicated as if
such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in
section 201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described
in subsection (a) or (d) of section 203); or
``(C) is a derivative beneficiary of an employment-
based immigrant under section 203(b) (as described in
section 203(d)).''.
(b) Refugees.--Section 209(b) of the Immigration and Nationality
Act (8 U.S.C. 1259(b)) is amended by adding at the end the following
``An alien who is the spouse or child of a refugee (as described in
section 207(c)(2)) or an asylee (as described in section 208(b)(3) who
applies for adjustment of status before the death of a qualifying
relative may have such application adjudicated as if such death had not
occurred.''.
SEC. 4. TRANSITION PERIOD.
(a) In General.--Notwithstanding a denial of an application for
adjustment of status for an alien whose qualifying relative died before
the date of the enactment of this Act, such application may be renewed
by the alien through a motion to reopen, without fee, if such motion is
filed not later than 2 years after such date of enactment.
(b) Eligibility for Parole.--If an alien described in section
245(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1255(n)(2))
was excluded, deported, removed, or departed voluntarily before the
date of the enactment of this Act--
(1) such alien shall be eligible for parole into the United
States pursuant to the Attorney General's discretionary
authority under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)); and
(2) such alien's application for adjustment of status shall
be considered notwithstanding section 212(a)(9) of such Act (8
U.S.C. 1182(a)(9)).
SEC. 5. PROCESSING OF IMMIGRANT VISAS AND DERIVATIVE PETITIONS.
(a) In General.--Section 204(b) of the Immigration and Nationality
Act (8 U.S.C. 1154(b)) is amended--
(1) by striking ``After an investigation'' and inserting
the following:
``(1) In general.--After an investigation''; and
(2) by adding at the end the following:
``(2) Death of qualifying relative.--
``(A) In general.--Any alien described in
subparagraph (B) whose qualifying relative died before
the completion of immigrant visa processing may have an
immigrant visa application adjudicated as if such death
had not occurred. An immigrant visa issued before the
death of the qualifying relative shall remain valid
after such death.
``(B) Alien described.--An alien described in this
subparagraph is an alien who is--
``(i) an immediate relative (as described
in section 201(b)(2)(A));
``(ii) a family-sponsored immigrant (as
described in subsection (a) or (d) of section
203);
``(iii) a derivative beneficiary of an
employment-based immigrant under section 203(b)
(as described in section 203(d)); or
``(iv) the spouse or child of a refugee (as
described in section 207(c)(2)) or an asylee
(as described in section 208(b)(3)).''.
(b) Transition Period.--
(1) In general.--Notwithstanding a denial or revocation of
an application for an immigrant visa for an alien whose
qualifying relative died before the date of the enactment of
this Act, such application may be renewed by the alien through
a motion to reopen, without fee, if such motion is filed not
later than 2 years after such date of enactment.
(2) Inapplicability of bars to entry.--Notwithstanding
section 212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)), an alien's application for an immigrant
visa shall be considered if the alien was excluded, deported,
removed, or departed voluntarily before the date of the
enactment of this Act.
SEC. 6. NATURALIZATION.
Section 319(a) of the Immigration and Nationality Act (8 U.S.C.
1430(a)) is amended by inserting ``(or, if the spouse is deceased, the
spouse was a citizen of the United States)'' after ``citizen of the
United States''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply to all petitions or
applications described in such amendments that--
(1) are pending as of the date of the enactment of this
Act; or
(2) have been denied, but would have been approved if such
amendments had been in effect at the time of adjudication of
the petition or application. | Orphans, Widows, and Widowers Protection Act - Amends the Immigration and Nationality Act to revise the definition of "immediate relative" to: (1) permit a widow or widower of a U.S. citizen to seek permanent resident status if married less than two years by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (2) include an alien who was the child or parent of a U.S. citizen at the time of the citizen's death if the alien parent files a petition within two years after such date or the alien child files a petition prior to reaching 21 years old.
Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status; (2) parole eligibility; (3) permanent resident status adjustment; and (4) processing of immigrant visas. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes."} | 1,974 | 200 | 0.665029 | 1.925786 | 0.802871 | 3.698225 | 9.183432 | 0.869822 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student, Teachers, and Officers
Preventing School Violence Act of 2018'' or the ``STOP School Violence
Act of 2018''.
SEC. 2. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) in subsection (a), by striking ``, including
the placement and use of metal detectors and other
deterrent measures,'' and inserting ``through evidence-
based training, technology, and equipment and technical
assistance to prevent violence'';
(B) in subsection (b)--
(i) by striking paragraphs (2) and (3);
(ii) by redesignating paragraph (1) as
paragraph (2);
(iii) by inserting before paragraph (2), as
so redesignated, the following:
``(1) Evidence-based training to prevent student violence
against others and self, including training for local law
enforcement officers, school personnel, and students.'';
(iv) in paragraph (2), as so redesignated,
by striking ``Placement'' and inserting the
following: ``Evidence-based technology and
equipment to improve school security and
prevent school violence, including--
``(i) the development and operation of
anonymous reporting systems for threats of
school violence, including mobile telephone
applications, hotlines, and Internet websites;
and
``(ii) placement'';
(v) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively;
(vi) in paragraph (3), as so redesignated--
(I) by inserting ``evidence-based
school threat assessment and'' after
``operation of'';
(II) by inserting ``and school
personnel,'' after ``law enforcement
agencies''; and
(III) by striking ``specialized''
and inserting ``evidence-based''; and
(vii) by striking paragraph (6);
(C) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(D) by inserting after subsection (b) the
following:
``(c) Contracts and Subawards.--A State, unit of local government,
or Indian tribe may, in using a grant under this part for purposes
authorized under subsection (b), use the grant to contract with or make
one or more subawards to one or more--
``(1) schools or local education agencies;
``(2) nonprofit organizations; or
``(3) units of local government or tribal organizations.'';
(E) in subsection (e), as so redesignated--
(i) in paragraph (1), by striking ``50
percent'' and inserting ``75 percent''; and
(ii) by striking paragraph (3); and
(F) in subsection (f), as so redesignated, by
adding at the end the following: ``In awarding grants
under this part, the Director shall also ensure, to the
extent practicable and consistent with the
individualized needs of each school at which
improvements are to be made, an equitable distribution,
in the aggregate, of funds among the uses specified in
subsection (b).'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``, including the process
used by the applicant to identify and
assess evidence-based programs,
practices, technology, or equipment to
be funded under the grant'' after
``grant''; and
(II) in subparagraph (B), by
striking ``and'' at the end;
(ii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A)--
(aa) by striking
``individuals not limited to'';
(bb) by inserting ``and
other relevant individuals''
after ``officers''; and
(cc) by striking ``child
psychologists'' and inserting
``licensed mental health
professionals''; and
(II) in subparagraph (B), by
striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(3) include an assurance that the applicant shall
maintain and report such data, records, and information
(programmatic and financial) as the Director may reasonably
require; and
``(4) include a certification, made in a form acceptable to
the Director, that--
``(A) the programs to be funded by the grant meet
all the requirements of this part;
``(B) all the information contained in the
application is correct; and
``(C) the applicant will comply with all provisions
of this part and all other applicable Federal laws.'';
and
(B) in subsection (b), by striking ``this part''
and inserting ``the STOP School Violence Act of 2018'';
(3) in section 2703 (34 U.S.C. 10553)--
(A) in the section heading, by inserting ``; grant
accountability'' after ``congress'';
(B) by striking ``Not later'' and inserting the
following:
``(a) Annual Report.--Not later''; and
(C) by adding at the end the following:
``(b) Grant Accountability.--Section 3026 (relating to grant
accountability) shall apply to grants awarded by the Director under
this part. For purposes of the preceding sentence, any references in
section 3026 to the Attorney General shall be considered references to
the Director and any references in that section to part LL shall be
considered references to part AA.'';
(4) in section 2704 (34 U.S.C. 10554)--
(A) in paragraph (1)--
(i) by striking ``a public'' and inserting
``an''; and
(ii) by inserting ``, including a Bureau-
funded school (as defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C.
2021))'' after ``secondary school'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(4) the term `evidence-based' means a program, practice,
technology, or equipment that--
``(A) demonstrates a statistically significant
effect on relevant outcomes based on--
``(i) strong evidence from not less than 1
well-designed and well-implemented experimental
study;
``(ii) moderate evidence from not less than
1 well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from not less
than 1 well-designed and well-implemented
correlational study with statistical controls
for selection bias;
``(B) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such program, practice, technology, or equipment is
likely to improve relevant outcomes, and includes
ongoing efforts to examine the effects of the program,
practice, technology, or equipment; or
``(C) in the case of technology or equipment,
demonstrates that use of the technology or equipment
is--
``(i) consistent with best practices for
school security, including--
``(I) applicable standards for
school security established by a
Federal or State government agency; and
``(II) findings and recommendations
of public commissions and task forces
established to make recommendations or
set standards for school security; and
``(ii) compliant with all applicable codes,
including building and life safety codes; and
``(5) the term `tribal organization' has the same meaning
given the term in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(l)).''; and
(5) in section 2705--
(A) by striking ``There are'' and inserting the
following:
``(a) In General.--There are'';
(B) by striking ``part $30,000,000 for each of
fiscal years 2001 through 2009'' and inserting the
following: ``part--
``(1) $75,000,000 for fiscal year 2018; and
``(2) $100,000,000 for each of fiscal years 2019 through
2028.''; and
(C) by adding at the end the following:
``(b) Offset.--Any funds appropriated under this section may be
offset by an equal reduction in the funds appropriated, if any, for the
Comprehensive School Safety Initiative of the National Institute of
Justice.
``(c) Rules of Construction.--
``(1) None of the funds appropriated to carry out this part
may be used to provide firearms or training in the use of
firearms.
``(2) Nothing in this part shall be construed to prohibit
any other existing or future law from permitting or funding the
provision of firearms or training in the use of firearms.''. | Student, Teachers, and Officers Preventing School Violence Act of 2018 or the STOP School Violence Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2028 the Secure Our Schools grant program. | {"src": "billsum_train", "title": "Student, Teachers, and Officers Preventing School Violence Act of 2018"} | 2,077 | 61 | 0.549173 | 1.278405 | 0.614168 | 3.934783 | 43.26087 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterfeiting and Money Laundering
Deterrence Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) advances in technology have made United States currency
particularly susceptible to counterfeiting;
(2) international organizations hostile to the United
States have produced counterfeits of the United States $100
bill that are extremely difficult to detect;
(3) the ability to counterfeit currency allows terrorist
organizations or other organizations hostile to the United
States to undermine the stability of the United States
currency;
(4) the ability to counterfeit currency provides terrorist
organizations or other organizations hostile to the United
States a ready source of negotiable foreign currency with which
such organizations can fund activities opposed to the interests
of the United States;
(5) as shown by counterfeit-resistant currencies of other
countries, current technologies exist to make a $100
denomination currency that is substantially more difficult to
counterfeit, without being unduly expensive to produce;
(6) implementing a new, counterfeit-resistant currency
would substantially impair terrorist organizations or other
organizations hostile to the United States in efforts to
undermine the stability of the United States currency and would
eliminate a source of negotiable foreign currency with which
such organizations could fund activities opposed to the
interests of the United States;
(7) an essential aspect of the business of international
drug trafficking is the ability to launder large sums of hard
currency quickly and inexpensively;
(8) without the ability to convert large sums of hard
currency with near impunity into readily transferable accounts
in financial institutions, international drug traffickers would
be severely impeded in their operations; and
(9) forcing international narcotics traffickers to exchange
all of their hard currency held in United States $100 bills
within a specified period of time for a new, counterfeit-
resistant currency would significantly increase the cost of
money laundering to drug cartels, thereby reducing their
profits.
(b) Purposes.--The purposes of this Act are--
(1) to provide for new, counterfeit-resistant $100
currencies for use in the United States and abroad to prevent
counterfeiting by terrorist and other hostile organizations;
and
(2) to issue the new currency in a manner that deters money
laundering efforts of narcotics traffickers.
SEC. 3. COUNTERFEIT-RESISTANT $100 DENOMINATION CURRENCY.
(a) In General.--Subchapter II of chapter 51 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 5123. Counterfeit-resistant $100 currency
``(a) In General.--Not later than 6 months after the date of
enactment of this section, the Secretary of the Treasury (hereafter in
this section referred to as the `Secretary'), in consultation with the
Attorney General and the Administrator of the Drug Enforcement
Administration, shall design and designate a domestic use $100
denomination bill and a nondomestic use $100 denomination bill in
accordance with the requirements of this section.
``(b) Design Specifications.--
``(1) In general.--The designs for the domestic use and
nondomestic use $100 currency shall incorporate--
``(A) watermarks, holograms, multicolored patterns,
multicolored dyes, or other features to make the
currency substantially more difficult to counterfeit
than $100 denomination United States currency in
circulation on the date of enactment of this section;
``(B) substantially different coloration or
markings to make the new currency clearly and readily
distinguishable on casual observance from previously
issued $100 denomination United States currency; and
``(C) distinctive coloration such that the domestic
use $100 currency is clearly and readily
distinguishable on casual observance from the
nondomestic use $100 currency.
``(2) Domestic use design.--The domestic use $100 currency
shall state on its face, `This note is legal tender for all
debts, public and private, when presented in the United States.
This note shall not constitute legal tender for any debts,
public or private, when presented outside of the United
States.'.
``(3) Nondomestic use design.--The nondomestic use $100
currency shall state on its face, `This note is legal tender
for all debts, public and private, when presented outside of
the United States.'.
``(4) Design considerations.--In determining design
features for $100 denomination domestic use and nondomestic use
currency in accordance with this section, the Secretary shall
consider--
``(A) the relative efficacy of particular design
features in making a currency resistant to
counterfeiting; and
``(B) the costs of producing bills incorporating
such features.
``(c) Currency Exchange.--
``(1) Plan.--Not later than 12 months after the date of
enactment of this section, the Secretary shall develop and
begin implementation of a plan to require the exchange of all
existing $100 denomination United States currency held within
and outside of the United States for $100 denomination domestic
use and nondomestic use United States currency issued in
accordance with this section.
``(2) Exchange requirements.--The plan established under
paragraph (1) shall require the currency to be exchanged--
``(A) at financial institutions regulated under
United States law and subject to United States currency
transaction reporting and other money laundering
deterrence requirements; or
``(B) at financial institutions that the Secretary
finds, because of treaty obligations, other provisions
of law, or other agreements, are required to report
significant transactions in United States currency to
the United States Treasury, and abide by such
obligations.
``(3) 6-month exchange period.--
``(A) In general.--During the period beginning on
the date that is 12 months after the date of enactment
of this section and ending on the date that is 18
months after that date of enactment, the Secretary
shall permit the exchange of circulating $100
denomination United States currency for equal numbers
of the domestic use and nondomestic use $100 currency
issued in accordance with this section at institutions
described in paragraph (2).
``(B) Non-negotiability.--Except for claims
pursuant to subsection (e), beginning on the date that
is 18 months after the date of enactment of this
section, the United States Treasury shall not recognize
$100 denomination United States currency issued prior
to the date that is 12 months after the date of
enactment of this section as constituting a negotiable
claim against the United States Treasury, and such
currency shall not constitute legal tender for any
debts, public or private.
``(d) Domestic Use and Nondomestic Use Currency.--Beginning on the
date that is 18 months after the date of enactment of this section--
``(1) domestic use currency issued in accordance with this
section shall be recognized as constituting a negotiable claim
against the United States Treasury only when presented within
the United States, and shall constitute legal tender for any
debts, public or private, only when presented in the United
States, but such currency may be exchanged for equal values of
$100 denomination nondomestic use currency (or other United
States currency) only at financial institutions regulated by
United States law and subject to United States currency
transaction reporting and other money laundering deterrence
requirements; and
``(2) nondomestic use currency shall be recognized as
constituting a negotiable claim against the United States
Treasury, and legal tender for any debts, public or private,
only when presented outside of the United States, but such
currency may be exchanged for equal values of $100 denomination
domestic use currency (or other United States currency) at
financial institutions regulated by United States law and
subject to United States currency transaction reporting and
other money laundering deterrence requirements.
``(e) Later Exchange Criteria.--United States currency in the $100
denomination issued prior to the date that is 12 months after the date
of enactment of this section may be exchanged later than 18 months
after that date of enactment for either domestic use or nondomestic use
$100 denomination United States currency (or other United States
currency) only if the Secretary finds, based on substantial evidence,
that the $100 denomination United States currency to be exchanged is
not the proceeds of unlawful activity, and, if the amount of such
currency to be exchanged totals more than $10,000, good cause existed
for not exchanging it during the exchange period specified in
subsection (c)(3).
``(f) Financing.--The Secretary, in coordination with the Attorney
General of the United States and the Administrator of the Drug
Enforcement Administration, shall analyze the exchange of currency
under this section and determine the amount of existing $100
denomination United States currency in circulation that is not
exchanged for new domestic use or nondomestic use currency. Credit
resulting from extinguished claims against the United States Treasury
for amounts that are not exchanged within the specified exchange period
shall be used to fund the requirements of this section. Any additional
credit shall be deposited into the United States Treasury's general
obligation fund.
``(g) Regulations.--The Secretary may promulgate such regulations
as may be necessary to implement this section.''.
(b) Conforming Amendment.--The chapter analysis for chapter 51,
title 31, United States Code, is amended by inserting after the item
relating to section 5122, the following new item:
``5123. Counterfeit-resistant $100 currency.''.
SEC. 4. NOTICE OF CURRENCY EXCHANGE PERIOD.
Not later than 6 months after the date of enactment of this Act,
the Secretary of the Treasury shall develop and begin implementation of
a plan for providing notice of the currency exchange requirements
established in accordance with the amendment made by this Act to
domestic and foreign governments, financial institutions, and other
affected persons. | Counterfeiting and Money Laundering Deterrence Act of 1994 - Amends Federal monetary law to direct the Secretary of the Treasury to design and designate a counterfeit-resistant domestic use $100 denomination bill which shall be exchanged for existing currency according to prescribed guidelines. | {"src": "billsum_train", "title": "Counterfeiting and Money Laundering Deterrence Act of 1994"} | 2,153 | 62 | 0.548297 | 1.330132 | 0.581003 | 2.586957 | 43.891304 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mass Evacuation Exercise Assistance
Act of 2005''.
SEC. 2. MASS EVACUATION EXERCISES AND EXECUTION OF EMERGENCY RESPONSE
PLANS.
Section 201 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131) is amended by adding at the end the
following:
``(e) Grants for Mass Evacuation Exercises for Urban and Suburban
Areas and the Execution of Emergency Response Plans.--
``(1) In general.--The Secretary of Homeland Security shall
make grants to States or units of local governments nominated
by States to--
``(A) establish programs for the development of
plans and conduct of exercises for the mass evacuation
of persons in urban and suburban areas; and
``(B) execute plans developed under subparagraph
(A), including the purchase and stockpiling of
necessary supplies for emergency routes and shelters.
``(2) Conditions.--As a condition for the receipt of
assistance under paragraph (1)(A), the Secretary of Homeland
Security may establish any guidelines and standards for the
programs that the Secretary determines to be appropriate.
``(3) Requirements.--To the maximum extent practicable, a
program assisted under paragraph (1)(A) shall incorporate the
coordinated use of public and private transportation resources
in the plans developed and the exercises carried out under the
program.
``(4) Participation of members of the armed forces.--
``(A) In general.--The Secretary of Defense may
authorize the participation of members of the Armed
Forces and the use of appropriate Department of Defense
equipment and materials in an exercise carried out
under a program assisted under this subsection.
``(B) Reimbursement for participation of guard.--In
the event members of the National Guard in State status
participate in an exercise carried out under a program
assisted under this subsection pursuant to an
authorization of the chief executive officer of a
State, the Secretary of Defense may, using amounts
available to the Department of Defense, reimburse the
State for the costs to the State of the participation
of such members in such exercise.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $250,000,000
for each of fiscal years 2006 through 2010.
``(f) Mass Evacuation Plans.--
``(1) Requirement.--Each State or unit of local government
receiving a grant under subsection (e)(1) shall, in
consultation with relevant local governments, develop and
maintain detailed and comprehensive mass evacuation plans for
each area in the jurisdiction of the State unit of local
government.
``(2) Plan development.--In developing the evacuation plans
required under paragraph (1), each State or unit of local
government shall, to the maximum extent practicable--
``(A) assist urban and suburban county and
municipal governments in establishing and maintaining
mass evacuation plans;
``(B) assist hospitals, nursing homes, other
institutional adult congregate living facilities, group
homes, and other health or residential care facilities
that house individuals with special needs in
establishing and maintaining mass evacuation plans; and
``(C) integrate the plans described in
subparagraphs (A) and (B) and coordinate evacuation
efforts with the entities described in subparagraphs
(A) and (B).
``(3) Plan contents.--State, county, and municipal mass
evacuation plans shall, to the maximum extent practicable--
``(A) establish incident command and decisionmaking
processes;
``(B) identify primary and alternate escape routes;
``(C) establish procedures for converting 2-way
traffic to 1-way evacuation routes, removing tollgates,
ensuring the free movement of emergency vehicles, and
deploying traffic management personnel and appropriate
traffic signs;
``(D) maintain detailed inventories of drivers and
public and private vehicles, including buses, vans, and
handicap-accessible vehicles, that may be pressed into
service;
``(E) maintain detailed inventories of emergency
shelter locations and develop the necessary agreements
with neighboring jurisdictions to operate or use the
shelters in the event of a mass evacuation;
``(F) establish procedures for informing the public
of evacuation procedures before and during an
evacuation and return procedures after an evacuation,
including using television, radio, print, and online
media, land-based and mobile phone technology, and
vehicles equipped with public address systems;
``(G) identify primary and alternate staging
locations for emergency responders;
``(H) identify gaps in the ability to respond to
different types of disasters, including the capacity to
handle surges in demand for hospital, emergency
medical, coroner, morgue, and mortuary services,
quarantines, decontaminations, and criminal
investigations;
``(I) establish procedures to evacuate individuals
with special needs, including individuals who are low-
income, disabled, homeless, or elderly or who do not
speak English;
``(J) establish procedures for evacuating animals
that assist the disabled;
``(K) establish procedures for protecting property,
preventing looting, and accounting for pets; and
``(L) ensure the participation of the private and
nonprofit sectors.
``(4) Updating of plans.--State, county, municipal, and
private plans under this subsection shall be updated on a
regular basis.
``(g) Additional Assistance to States.--The Secretary of Homeland
Security shall assist States and local governments in developing and
maintaining the plans described in subsection (f) by--
``(1) establishing and maintaining comprehensive best
practices for evacuation planning, training, and execution;
``(2) developing assistance teams to travel to States and
assist local governments in planning, training, and execution;
``(3) developing a training curriculum based on the best
practices established under paragraph (1);
``(4) providing the training curriculum developed under
paragraph (3) to State and local officials;
``(5) maintaining a list of qualified government agencies,
private sector consultants, and nonprofit organizations that
can assist local governments in setting up evacuation plans;
and
``(6) establishing and maintaining a comprehensive guide
for State and local governments regarding--
``(A) the types of Federal assistance that are
available to respond to emergencies; and
``(B) the steps necessary to apply for that
assistance.
``(h) Report To Congress.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the United
States shall conduct a study detailing--
``(1) any Federal laws that pose an obstacle to effective
evacuation planning;
``(2) any State or local laws that pose an obstacle to
effective evacuation planning; and
``(3) the political and economic pressures that discourage
governors, county executives, mayors, and other officials
from--
``(A) ordering an evacuation; or
``(B) conducting exercises for the mass evacuation
of people.''. | Mass Evacuation Exercise Assistance Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for grants for mass evacuation exercises for urban and suburban areas and for the execution of emergency response plans. Requires each state or local government receiving such a grant to develop detailed and comprehensive mass evacuation plans for each area in its respective jurisdiction. Requires the Secretary of Homeland Security to assist states and local governments in developing and maintaining such plans. | {"src": "billsum_train", "title": "A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide grants for mass evacuation exercises for urban and suburban areas and the execution of emergency response plans, and for other purposes."} | 1,493 | 100 | 0.628916 | 1.527715 | 1.256341 | 4.348837 | 16.965116 | 0.930233 |
SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY.
(a) Business Property.--
(1) In general.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 (defining energy property) is
amended by striking ``or'' at the end of clause (i), by adding
``or'' at the end of clause (ii), and by inserting after clause
(ii) the following new clause:
``(iii) energy-efficient building
property,''.
(2) Energy-efficient building property.--Subsection (a) of
section 48 of such Code is amended by redesignating paragraph
(4) as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Energy-efficient building property.--For purposes of
this subsection--
``(A) In general.--The term `energy-efficient
building property' means a fuel cell power plant that--
``(i) generates electricity using an
electrochemical process, and
``(ii) generates at least 0.5 kilowatt of
electricity using an electrochemical process.
``(B) Limitation.--In the case of energy-efficient
building property placed in service during the taxable
year, the credit determined under paragraph (1) for
such year with respect to such property shall not
exceed an amount equal to the lesser of--
``(i) 30 percent of the basis of such
property, including expenditures for labor
costs properly allocable to the onsite
preparation, assembly, or original installation
of the property and for piping or wiring to
interconnect such property, or
``(ii) $1,000 for each kilowatt of capacity
of such property.
``(C) Fuel cell power plant.--The term `fuel cell
power plant' means an integrated system comprised of a
fuel cell stack assembly and associated balance of
plant components that converts a fuel into electricity
using electrochemical means.
``(D) Termination.--Such term shall not include any
property placed in service after December 31, 2009.''.
(3) Limitation.--Section 48(a)(2)(A) of such Code (relating
to energy percentage) is amended to read as follows:
``(A) In general.--The energy percentage is--
``(i) in the case of energy-efficient
building property, 30 percent, and
``(ii) in the case of any other energy
property, 10 percent.''.
(4) Conforming amendments.--
(A) Section 29(b)(3)(A)(i)(III) of such Code is
amended by striking ``section 48(a)(4)(C)'' and
inserting ``section 48(a)(5)(C)''.
(B) Section 48(a)(1) of such Code is amended by
inserting ``except as provided in paragraph (4)(B),''
before ``the energy''.
(5) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2004, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before
the date of the enactment of the Revenue Reconciliation Act of
1990).
(b) Nonbusiness Property.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after
section 25B the following new section:
``SEC. 25C. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY.
``(a) Credit Allowed.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the nonbusiness
energy-efficient building property expenditures which are paid
or incurred during such year.
``(2) Limitation.--The credit allowed under paragraph (1)
with respect to property placed in service by the taxpayer
during the taxable year shall not exceed an amount equal to the
lesser of--
``(A) 30 percent of the basis of such property, or
``(B) $1,000 for each kilowatt of capacity of such
property.
``(b) Nonbusiness Energy-Efficient Building Property
Expenditures.--For purposes of this section--
``(1) In general.--The term `nonbusiness energy-efficient
building property expenditures' means expenditures made by the
taxpayer for nonbusiness energy-efficient building property
installed on or in connection with a dwelling unit--
``(A) which is located in the United States, and
``(B) which is used by the taxpayer as a residence.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Nonbusiness energy-efficient building property.--The
term `nonbusiness energy-efficient building property' means
energy-efficient building property (as defined in section
48(a)(4)) if--
``(A) the original use of such property commences
with the taxpayer, and
``(B) such property meets the standards (if any)
applicable to such property under section 48(a)(3).
``(c) Special Rules.--For purposes of this section--
``(1) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals the following shall apply:
``(A) The amount of the credit allowable, under
subsection (a) by reason of expenditures (as the case
may be) made during such calendar year by any of such
individuals with respect to such dwelling unit shall be
determined by treating all of such individuals as 1
taxpayer whose taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(2) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(3) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
his proportionate share of any expenditures of such
association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(4) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(5) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(6) Property financed by subsidized energy financing.--
For purposes of determining the amount of nonbusiness energy-
efficient building property expenditures made by any individual
with respect to any dwelling unit, there shall not be taken
into account expenditures which are made from subsidized energy
financing (as defined in section 48(a)(5)(C)).
``(d) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(e) Termination.--This section shall not apply to any expenditure
made after December 31, 2009.''.
(2) Conforming amendments.--
(A) Subsection (a) of section 1016 of such Code is
amended by striking ``and'' at the end of paragraph
(30), by striking the period at the end of paragraph
(31) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(32) to the extent provided in section 25C(d), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Nonbusiness energy-efficient building property.''.
(3) Effective date.--The amendments made by this subsection
shall apply to expenditures made after December 31, 2004. | Amends the Internal Revenue Code to allow a tax credit for energy-efficient building property. Limits the amount of such credit to the lesser of 30 percent (10 percent for other energy property) of the basis of such energy-efficient building property or $1,000 for each kilowatt of capacity of such property. Defines "energy-efficient building property" as a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process.
Allows a similar tax credit for the installation of qualified energy-efficient building property in a taxpayer's residence. Terminates both tax credits after December 31, 2009. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain fuel cell property."} | 2,218 | 137 | 0.649777 | 1.67982 | 0.678584 | 3.762712 | 16.949153 | 0.915254 |
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) The People's Liberation Army is the principal
instrument of repression within the People's Republic of China,
responsible for occupying Tibet since 1950, massacring hundreds
of students and demonstrators for democracy in Tiananmen Square
on June 4, 1989, and running the Laogai (``reform through
labor'') slave labor camps.
(2) The People's Liberation Army is engaged in a massive
military buildup, which has involved a doubling since 1992 of
announced official figures for military spending by the
People's Republic of China.
(3) The People's Liberation Army is engaging in a major
ballistic missile modernization program which could undermine
peace and stability in East Asia, including 2 new
intercontinental missile programs, 1 submarine-launched missile
program, a new class of compact but long-range cruise missiles,
and an upgrading of medium- and short-range ballistic missiles.
(4) The People's Liberation Army is working to coproduce
the SU-27 fighter with Russia, and is in the process of
purchasing several substantial weapons systems from Russia,
including the 633 model of the Kilo-class submarine and the SS-
N-22 Sunburn missile system specifically designed to
incapacitate United States aircraft carriers and Aegis
cruisers.
(5) The People's Liberation Army has carried out acts of
aggression in the South China Sea, including the February 1995
seizure of the Mischief Reef in the Spratley Islands, which is
claimed by the Philippines.
(6) In July 1995 and in March 1996, the People's Liberation
Army conducted missile tests to intimidate Taiwan when Taiwan
held historic free elections, and those tests effectively
blockaded Taiwan's 2 principal ports of Keelung and Kaohsiung.
(7) The People's Liberation Army has contributed to the
proliferation of technologies relevant to the refinement of
weapons-grade nuclear material, including transferring ring
magnets to Pakistan.
(8) The People's Liberation Army and associated defense
companies have provided ballistic missile components, cruise
missiles, and chemical weapons ingredients to Iran, a country
that the executive branch has repeatedly reported to Congress
is the greatest sponsor of terrorism in the world.
(9) In May 1996, United States authorities caught the
People's Liberation Army enterprise Poly Technologies and the
civilian defense industrial company Norinco attempting to
smuggle 2,000 AK-47s into Oakland, California, and offering to
sell urban gangs shoulder-held missile launchers capable of
``taking out a 747'' (which the affidavit of the United States
Customs Service of May 21, 1996, indicated that the
representative of Poly Technologies and Norinco claimed), and
Communist Chinese authorities punished only 4 low-level arms
merchants by sentencing them on May 17, 1997, to brief prison
terms.
(10) The People's Liberation Army contributes to the
People's Republic of China's failure to meet the standards of
the 1995 Memorandum of Understanding with the United States on
intellectual property rights by running factories which pirate
videos, compact discs, and computer software that are products
of the United States.
(11) The People's Liberation Army contributes to the
People's Republic of China's failing to meet the standards of
the February 1997 Memorandum of Understanding with the United
States on textiles by operating enterprises engaged in the
transshipment of textile products to the United States through
third countries.
(12) The estimated $2 billion to $3 billion in annual
earnings of People's Liberation Army enterprises subsidize the
expansion and activities of the People's Liberation Army
described in this subsection.
(13) The commercial activities of the People's Liberation
Army are frequently conducted on noncommercial terms, or for
noncommercial purposes such as military or foreign policy
considerations.
SEC. 2. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO CHINESE MILITARY COMPANIES.
(a) Determination of Communist Chinese Military Companies.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Attorney
General, the Director of Central Intelligence, and the Director
of the Federal Bureau of Investigation, shall compile a list of
persons who are Communist Chinese military companies and who
are operating directly or indirectly in the United States or
any of its territories and possessions, and shall publish the
list of such persons in the Federal Register. On an ongoing
basis, the Secretary of Defense, in consultation with the
Attorney General, the Director of Central Intelligence, and the
Director of the Federal Bureau of Investigation, shall make
additions or deletions to the list based on the latest
information available.
(2) Communist chinese military company.--For purposes of
making the determination required by paragraph (1), the term
``Communist Chinese military company''--
(A) means a person that is--
(i) engaged in providing commercial
services, manufacturing, producing, or
exporting, and
(ii) owned or controlled by the People's
Liberation Army, and
(B) includes, but is not limited to, any person
identified in the United States Defense Intelligence
Agency publication numbered VP-1920-271-90, dated
September 1990, or PC-1921-57-95, dated October 1995,
and any update of such reports for the purposes of this
Act.
(b) Presidential Authority.--
(1) Authority.--The President may exercise the authorities
set forth in section 203(a) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(a)) with respect to any
commercial activity in the United States by a Communist Chinese
military company (except with respect to authorities relating
to importation), without regard to section 202 of that Act.
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to violations of any license, order, or
regulation issued under paragraph (1).
SEC. 3. DEFINITION.
For purposes of this Act, the term ``People's Liberation Army''
means the land, naval, and air military services, the police, and the
intelligence services of the Communist Government of the People's
Republic of China, and any member of any such service or of such
police.
Passed the House of Representatives November 7, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Directs the Secretary of Defense to list, and publish in the Federal Register, persons who are Communist Chinese military companies operating directly or indirectly in the United States or any of its territories and possessions. Authorizes the President to exercise authorities under the International Emergency Economic Powers Act (except those relating to importation) to regulate, prohibit, or penalize certain transactions involving foreign currency, transfers of credit, or property with respect to any activities of such companies in the United States. | {"src": "billsum_train", "title": "To ensure that commercial activities of the People's Liberation Army of China or any Communist Chinese military company in the United States are monitored and are subject to the authorities under the International Emergency Economic Powers Act."} | 1,436 | 100 | 0.261645 | 0.74852 | 0.105405 | 3.483516 | 14.395604 | 0.868132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat Labeling Act of 1999''.
SEC. 2. LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS.
(a) Definitions.--Section 1 of the Federal Meat Inspection Act (21
U.S.C. 601) is amended by adding at the end the following:
``(w) Beef.--The term `beef' means meat produced from
cattle (including veal).
``(x) Imported beef.--The term `imported beef' means beef
that is not United States beef, whether or not the beef is
graded with a quality grade issued by the Secretary.
``(y) Imported lamb.--The term `imported lamb' means lamb
that is not United States lamb, whether or not the lamb is
graded with a quality grade issued by the Secretary.
``(z) Imported pork.--The term `imported pork' means pork
that is not United States pork.
``(aa) Lamb.--The term `lamb' means meat, other than
mutton, produced from sheep.
``(bb) Pork.--The term `pork' means meat produced from
hogs.
``(cc) United states beef.--
``(1) In general.--The term `United States beef'
means beef produced from cattle slaughtered in the
United States.
``(2) Exclusion.--The term `United States beef'
does not include beef produced from cattle imported
into the United States in sealed trucks for slaughter.
``(dd) United states lamb.--
``(1) In general.--The term `United States lamb'
means lamb produced from sheep slaughtered in the
United States.
``(2) Exclusion.--The term `United States lamb'
does not include lamb produced from sheep imported into
the United States in sealed trucks for slaughter.
``(ee) United states pork.--
``(1) In general.--The term `United States pork'
means pork produced from hogs slaughtered in the United
States.
``(2) Exclusion.--The term `United States pork'
does not include pork produced from hogs imported into
the United States in sealed trucks for slaughter.''.
(b) Misbranding.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13)(A) if it is imported beef, imported lamb, or
imported pork offered for retail sale as muscle cuts of beef,
lamb, or pork and does not bear a label that identifies its
country of origin;
``(B) if it is United States beef, United States lamb, or
United States pork offered for retail sale as muscle cuts of
beef, lamb, or pork, and does not bear a label that identifies
its country of origin; or
``(C) if it is United States or imported ground beef,
ground lamb, or ground pork and is not accompanied by labeling
that identifies it as United States beef, United States lamb,
United States pork, imported beef, imported lamb, imported
pork, or other designation that identifies the content of
United States beef, imported beef, United States lamb, imported
lamb, United States pork, and imported pork contained in the
product, as determined by the Secretary.''.
(c) Labeling.--Section 7 of the Federal Meat Inspection Act (21
U.S.C. 607) is amended by adding at the end the following:
``(g) Mandatory Labeling.--The Secretary shall provide by
regulation that the following offered for retail sale bear a label that
identifies its country of origin:
``(1) Muscle cuts of United States beef, United States
lamb, United States pork, imported beef, imported lamb, and
imported pork.
``(2) Ground beef, ground lamb, and ground pork.
``(h) Audit Verification System for United States and Imported
Muscle Cuts of Beef, Lamb, and Pork and Ground Beef, Lamb, and Pork.--
The Secretary may require by regulation that any person that prepares,
stores, handles, or distributes muscle cuts of United States beef,
imported beef, United States lamb, imported lamb, United States pork,
imported pork, ground beef, ground lamb, or ground pork for retail sale
maintain a verifiable recordkeeping audit trail that will permit the
Secretary to ensure compliance with the regulations promulgated under
subsection (g).''.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture shall promulgate final
regulations to carry out the amendments made by this section.
(e) Effective Date.--The amendments made by this section take
effect 60 days after the date on which final regulations are
promulgated under subsection (d). | Meat Labeling Act of 1999 - Amends the Federal Meat Inspection Act to deem misbranded beef, lamb, and pork that does not bear certain country of origin labeling. Requires the Secretary of Agriculture to promulgate regulations for such labeling. Authorizes the Secretary to require that any person that prepares, stores, handles, or distributes such meat for retail sale maintain a verifiable recordkeeping audit trail in order to verify compliance with such regulations. | {"src": "billsum_train", "title": "Meat Labeling Act of 1999"} | 1,175 | 105 | 0.516648 | 1.125332 | 0.244258 | 3.195122 | 12.463415 | 0.829268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naturalization Improvements Act of
1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) According to the Immigration and Naturalization
Service, by April 1995, 5,300,000 adults and about 700,000
children will be eligible for citizenship. About 3,000,000
immigrants who were legalized under the Immigration Reform and
Control Act of 1986 will also be eligible for citizenship.
(2) The Immigration and Naturalization Service estimates
that about 338,445 naturalization cases were pending at the end
of fiscal year 1994.
(3) According to the Immigration and Naturalization
Service, applications increased 78 percent from October 1994 to
January 1995, compared with the same period the year before.
The percentage increase in citizenship applications ranged from
9 percent in San Antonio to 301 percent in Los Angeles.
(4) According to the American Immigration Lawyers
Association, estimates of the time it takes from filing the
citizenship application to being interviewed range from 60 days
to over 2 years.
(5) In addition to the enormous backlog in applications,
the following are also included as barriers to successfully
completing the citizenship process: lack of outreach and
information services available to the eligible population to
inform potential applicants about the benefits and legal
consequences of becoming a citizen; insufficient information
and counseling on the application process itself; and lack of
access to English language and citizenship preparation classes.
(6) The Immigration and Naturalization Service cites lack
of English language skills as the primary reason applicants are
denied citizenship.
(7) There is no Federal program that is specifically
targeted to the educational needs of immigrants wishing to
naturalize.
(8) President Clinton's fiscal year 1996 budget proposal
requests $7,000,000 for Immigration and Naturalization
Service's citizenship and relating operating expenses as
compared with $1,000,000,000 for border enforcement and
assistance to States.
SEC. 3. SENSE OF CONGRESS.
The following is the sense of the Congress:
(1) The right of citizenship through naturalization
underlies the greatness of our Nation in the same way that
citizenship by birth does.
(2) The rights accorded by the Constitution and the laws of
the United States upon citizens and those lawfully in the
United States, as well as upon those who are entitled to seek
legal status under current law, must not be forsaken, weakened,
nor compromised. Reducing rights or services for everyone
undermines our sense of responsibility as a democracy.
(3) Naturalization should become a national priority to
ensure that all residents are able to participate fully in the
rights and responsibilities that go along with United States
citizenship. It is the responsibility of the Federal Government
to provide the services necessary for naturalization.
(4) In order to reduce the backlog of pending United States
citizenship applications in Immigration and Naturalization
Service offices across the country, the Immigration and
Naturalization Service should increasingly privatize the
administration of the oral English and written civics exam. The
Immigration and Naturalization Service should determine the
appropriate agencies experienced in educational testing to
assist with this part of the naturalization process.
(5) In order to privatize the administration of the English
oral and written civic exams, the Immigration and
Naturalization Service should develop a national standard for
each exam. The Immigration and Naturalization Service should
then determine what the standard will consist of and how to
administer the standard after it has been established.
(6) The Immigration and Naturalization Service should
publicize the opportunity to take the oral English and written
civics exams with a private agency authorized by the
Immigration and Naturalization Service as an alternative to
testing with the Immigration and Naturalization Service. The
inclusion of private agencies authorized by the Immigration and
Naturalization Service to administer the English oral and
written civics exams will give applicants the opportunity to
complete the naturalization process with greater efficiency.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Immigration and
Naturalization Service such sums as may be necessary for the following:
(1) To restructure and streamline Immigration and
Naturalization Service procedures to reduce delays in the
naturalization process.
(2) To promote local level, cooperative agreements between
the Immigration and Naturalization Service and community
organizations and institute administrative reforms to minimize
delays and promote outreach to the immigrant community.
(3) To expand current services to suburbs and target
populations with special challenges such as the elderly.
(4) To continue and expand collaborative arrangements among
nonprofit, government, and private sector entities to deliver
citizenship services (including outreach and adult education
classes) as effectively and efficiently as possible.
(5) To upgrade equipment and technology used to report on
naturalization statistics and the naturalization application
process. | Naturalization Improvements Act of 1995 - Expresses the sense of the Congress that in order to reduce naturalization backlogs the Immigration and Naturalization Service (INS) should increasingly privatize administration of the oral English and written civics exam.
Authorizes appropriations for INS naturalization procedure restructuring, including community outreach activities and equipment and technology upgrades. | {"src": "billsum_train", "title": "Naturalization Improvements Act of 1995"} | 963 | 76 | 0.518806 | 1.460696 | 0.988153 | 3.644068 | 16.440678 | 0.830508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theater Missile Defense Improvement
Act of 1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Development of medium-range ballistic missiles by
potential adversaries, such as Iran, has proceeded much more
rapidly than previously anticipated by the United States
Government.
(2) Existence of such missiles in potentially hostile
nations constitutes a serious threat to United States forces,
allies, and friends in the Middle East and Persian Gulf region
and cannot be adequately countered by currently deployed
ballistic missile defense systems.
(3) It is a matter of high national interest to quickly
reduce the vulnerability of United States forces, allies, and
friends to these threats.
(4) Meaningful and cost effective steps to reduce these
vulnerabilities are available and should be pursued
expeditiously.
SEC. 3. ACCELERATION OF DEPARTMENT OF DEFENSE PROGRAMS TO COUNTER
ENHANCED BALLISTIC MISSILE THREAT.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 1998 for Defense-wide research, development,
test, and evaluation in the amount of $147,000,000, to be available as
follows:
(1) Joint composite tracking network.--$35,000,000 to be
available for the Joint Composite Tracking Network program.
(2) Patriot remote launch capability.--$15,000,000 to be
available to accelerate development of the remote launch
capability for the Patriot Advanced Capability (PAC-3) missile
defense system.
(3) PAC-3 and navy area defense tests.--$40,000,000 to be
available to test the capabilities of the Patriot Advanced
Capability (PAC-3) missile defense system, and to test the
capabilities of the Navy Area Defense System, against missiles
with the range of the Iranian ballistic missiles under
development.
(4) Early warning enhancement.--$6,000,000 to be available
for improved integration of the various elements of the SHIELD
system.
(5) PAC-3 production rate enhancements.--$41,000,000 to be
available for production rate enhancements for the Patriot
Advanced Capability (PAC-3) missile defense system.
(6) Israeli arrow missile defense system.--$10,000,000 to
be available to improve interoperability of the Israeli Arrow
tactical ballistic missile defense system with United States
theater missile defense systems.
SEC. 4. IDENTIFICATION OF OTHER POSSIBLE ACTIONS.
(a) Identification.--The Secretary of Defense shall identify
actions in addition to those authorized by section 3 that could be
taken by the Department of Defense to counter the threats posed to the
United States and its national security interests by the development or
acquisition of medium-range ballistic missiles by Iran and other
nations.
(b) Specific Actions To Be Taken.--The Secretary specifically shall
explore--
(1) additional cooperative measures between the Department
of Defense and the Ministry of Defense of Israel to further
enhance Israel's ability to defend itself against the threat
posed by ballistic missiles deployed by Iran and other nations;
and
(2) actions within the existing Navy Theater Wide Missile
Defense System program that could provide additional
capabilities useful to addressing the threat posed by medium-
range ballistic missiles within one to two years.
(c) Intergovernmental Coordination.--The Secretary shall undertake
appropriate intergovernmental and interagency coordination that would
be necessary to the conduct of any of the actions identified pursuant
to subsection (a).
SEC. 5. REPORT TO CONGRESS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report providing--
(1) a description of the Secretary's plans for use of funds
appropriated pursuant to the authorizations of appropriations
in this Act; and
(2) a description of possible additional actions identified
by the Secretary pursuant to section 4(a) and the steps taken
or planned (as of the time of the report) to carry out section
4(c).
SEC. 6. OFFSETTING REDUCTIONS IN AUTHORIZATIONS.
The total amount authorized in section 201 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85) to be
appropriated for fiscal year 1998 for research, development, test, and
evaluation for the Department of Defense is hereby reduced by
$147,000,000, of which--
(1) $126,000,000 is to be derived from savings from the use
of advisory and assistance services by the Department of
Defense in accordance with section 8041 of the Department of
Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat.
1230); and
(2) $21,000,000 is to be derived from savings from the use
by the Department of Defense of defense federally funded
research and development centers in accordance with section
8035 of the Department of Defense Appropriations Act, 1998
(Public Law 105-56; 111 Stat. 1227).
Passed the House of Representatives March 30, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Theater Missile Defense Improvement Act of 1998 - Authorizes appropriations for the Department of Defense (DOD) for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E), as specified, for: (1) the Joint Composite Tracking Network program; (2) testing, development of the remote launch capability, and production rate enhancements of the Patriot Advanced Capability (PAC-3) missile defense system; (3) Navy Area Defense System testing; (4) SHIELD system element integration; and (5) Israeli Arrow tactical ballistic missile defense system integration with U.S. theater missile defense systems.
Directs the Secretary of Defense to identify other actions that could be taken to counter threats posed by the development or acquisition by Iran or other nations of medium-range ballistic missiles.
Requires the Secretary to report to the Congress on the use of such funds and additional actions taken under this Act.
Provides an offsetting reduction in amounts provided under the National Defense Authorization Act for Fiscal Year 1998 for DOD RDT&E, to be achieved through savings from the DOD use of: (1) advisory and assistance services; and (2) defense federally funded research and development centers. | {"src": "billsum_train", "title": "Theater Missile Defense Improvement Act of 1998"} | 1,079 | 248 | 0.650807 | 1.863845 | 0.905394 | 3.013043 | 4.247826 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission to Eliminate
Waste in Government Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission known as the National Commission
to Eliminate Waste in Government (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
(a) In General.--It shall be the duty of the Commission--
(1) to conduct a private sector survey on management and
cost control in the Federal Government;
(2) to conduct in-depth reviews of the operations of the
executive agencies;
(3) to review existing Government Accounting Office (GAO),
Congressional Budget Office (CBO), Inspector General reports,
and other existing governmental and nongovernmental
recommendations for reducing waste including recommendations
from the President's Private Sector Survey on Cost Control,
and, based on this review, to periodically submit a report to
the President and Congress a list of such recommendations with
estimated savings the Commission determines are most
significant and to include in the report a determination of
whether the recommendation can be implemented by Executive
order or whether it requires legislative action; and
(4) to submit to the President and the Congress
recommendations for improving the budget process and management
and for reducing waste and costs in the Federal Government.
(b) Particular Areas To Be Examined.--In fulfilling the duties
described in subsection (a), the Commission shall identify and
address--
(1) opportunities for increased efficiency and reduced
costs in the Federal Government that can be realized by
Executive action or legislation;
(2) areas in the Federal Government where managerial
accountability can be enhanced and administrative control can
be improved;
(3) specific Federal programs that have accomplished
their objectives and ought to be terminated;
(4) specific Federal program services that could be
provided at a lower cost by the private sector;
(5) specific reforms of the budget process that would yield
savings, increase accountability and efficiency, and enhance
public confidence in the budget process; and
(6) specific areas in the Federal Government where further
study can be justified by potential savings.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 12
members who are not officers or employees of any government and who are
especially qualified to serve on the Commission by virtue of their
education, training, or experience. Not more than 6 members of the
Commission shall be of the same political party. The members shall be
appointed as follows:
(1) Four individuals appointed by the President, not more
than two from the same political party.
(2) Three individuals appointed by the Speaker of the House
of Representatives, not more than two from the same political
party.
(3) One individual appointed by the minority leader of the
House of Representatives.
(4) Three individuals appointed by the majority leader of
the Senate, not more than two from the same political party.
(5) One individual appointed by the minority leader of the
Senate.
(b) Continuation of Membership.--If an individual is appointed to
the Commission, and later becomes an officer or employee of a
government, such individual may continue as a member of the Commission
for not longer than the 30-day period beginning on the date such
individual becomes such an officer or employee.
(c) Appointment of Members.--Appointments shall be made within 30
days of the date of the enactment of this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled within
30 days in the manner in which the original appointment was made.
(f) Compensation; Rates of Pay.--Members of the Commission shall
serve without pay.
(g) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from among the members.
(i) Meetings.--The Commission shall meet at least once each month
at the call of the Chairperson of the Commission.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director appointed by
the Chairperson of the Commission and paid a rate determined by the
Commission.
(b) Staff.--With the approval of the Commission, the Director of
the Commission may appoint personnel as the Director considers
appropriate.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Delegation of Authority.--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) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORTS.
(a) Periodic Reports.--Pursuant to section 3(a)(3) the Commission
shall issue periodic reports to the President and the Congress.
(b) Final Report.--Not later than the expiration of the 24-month
period beginning on the date of enactment of this Act, the Commission
shall submit to the President and the Congress a final report setting
forth the finding and conclusions of the Commission and specific
recommendations for legislative and administrative actions that the
Commission determines to be appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
30-day period beginning on the date on which the Commission submits its
final report under section 7(b).
SEC. 9 FUNDING AND SUPPORT.
The Commission is to be funded, staffed and equipped, by the
private sector without cost to the Federal Government. To accomplish
this objective, it is expected that the Secretary of Commerce will
engage in a joint project with a nonprofit organization pursuant to the
first section of Public Law 91-412 (15 U.S.C. 1525) for the purpose of
providing support for the Commission. | National Commission to Eliminate Waste in Government Act - Establishes the National Commission to Eliminate Waste in Government (Commission) to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3) review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and, based on this review, to periodically submit a report to the President and the Congress a list of such recommendations with estimated savings the Commission determines are most significant and to include in the report a determination of whether the recommendation can be implemented by Executive order or whether it requires legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. Sets forth the particular areas to be examined by the Commission.
Mandates a final report by the Commission to the President and the Congress.
Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Federal Government. States that, to accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization pursuant to Public Law 91-412 for the purpose of providing support for the Commission. | {"src": "billsum_train", "title": "National Commission to Eliminate Waste in Government Act"} | 1,395 | 301 | 0.741378 | 2.098312 | 0.855644 | 6.666667 | 4.691489 | 0.971631 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naugatuck River Valley National
Heritage Area Study Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The area that encompasses the Naugatuck River Valley of
Connecticut has made a unique contribution to the cultural,
political, and industrial development of the United States.
(2) The Naugatuck River Valley is comprised of 14
communities along the Naugatuck River, which stretches for more
than 40 miles from its headwaters in Torrington, Connecticut,
to the confluence with the Housatonic River in Shelton. The 14
municipalities of Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon
Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share
common historical elements, agricultural, trade, and maritime
origins, similar architecture, common industries, an immigrant
culture succeeding colonial beginnings, and a significant
contribution to the war effort from the Revolutionary War to
World War II. Most of these elements are still in evidence
today.
(3) Three major industries drove the manufacturing
contribution of the Valley. As evidenced in the book, The Brass
Industry in the United States, by William Lathrop, the brass
industry was born in Connecticut's Naugatuck River Valley and
harnessed the power of the Naugatuck River and the skilled
immigrant workers who arrived from Germany, Ireland, Italy, and
Poland.
(4) The Naugatuck River Valley also spawned the birth of
the rubber industry in the United States when Charles Goodyear
developed the vulcanization process in 1839. Together with
Samuel Lewis, a wealthy industrialist from Naugatuck,
Connecticut, Goodyear parlayed his innovation into establishing
the U.S. Rubber Company, making Naugatuck the rubber capital of
the world.
(5) The Naugatuck River Valley was also a major contributor
to the success of the United States clock industry. Eli Terry
designed interchangeable parts for his clocks assembled in
Terryville. Renowned clockmaker Seth Thomas began making the
first of millions of clocks in Thomaston, Connecticut, in 1813.
His company continued until 1931 when it became a division of
General Time Corporation (Timex). Other important industries
included pens, evaporated milk, pianos and organs, corset
stays, and cables.
(6) The Naugatuck River Valley has been a major contributor
to the United States war efforts from the American Revolution
to the Civil War to World War II. In the 2007 PBS film ``The
War'', the story of World War II directed and produced by Ken
Burns and Lynn Novick, the City of Waterbury, Connecticut, was
characterized as the ``arsenal'' of the war effort because of
its high concentration of war industries.
(7) The Naugatuck River Valley has been home to many great
authors, diplomats, inventors and patriots, such as David
Humphreys, Aide-de-Camp to General George Washington and the
first American ambassador; Commodore Isaac Hull, Commander of
``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett,
the country's first black ambassador; Dr. John Howe, inventor
of a pin making machine that made the common pin a household
necessity; and Pierre Lallement, inventor of the modern two-
wheel bicycle.
(8) The Naugatuck River Valley possesses a rich and diverse
assemblage of architecturally significant civic, industrial and
residential structures and monuments dating from Colonial times
to the present. There are 88 structures in the Naugatuck Valley
included on the National Register of Historic Places. The first
law school in America was built in Litchfield. Notable examples
of the variety of architecture found in the Valley include
Robert Wakeman Hill's brilliantly designed Thomaston Opera
House and Town Hall; H.E. Ficken's acoustically impressive
Sterling Opera House in Derby, site of appearances by many
nationally known performers; Waterbury's Clock Tower, designed
by the renowned architectural firm of McKim, Mead & White which
also designed four buildings in Naugatuck; Henry Bacon,
designer of the Lincoln Memorial and two structures in
Naugatuck; and the Father McGivney Statue cast by Joseph
Coletti of Boston to honor the Waterburian who founded the
Knights of Columbus.
(9) The Naugatuck River Valley has been a melting pot for
immigrant populations who have made significant contributions
to the industrial, cultural, and economic development of the
nation.
(10) In 2011, the Naugatuck River Greenway was designated
one of 101 projects nationwide selected by the Secretary of the
Interior under the America's Great Outdoors Initiative. This
multi-sector partnership aims to restore and enhance the river
by completing the Naugatuck River Greenway, creating new public
access to the river, and opening fish passages on the river.
(11) The Naugatuck River Valley possesses a group of
public-spirited citizens dedicated to the preservation and
promotion of the region's natural, historic, and cultural
heritage, and a passionate resolve to work together for the
betterment of the Valley and its residents.
(b) Study.--
(1) In general.--The Secretary of the Interior shall, in
consultation with the State of Connecticut and appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Naugatuck River Valley National
Heritage Area in Connecticut.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity; and
(H) has a conceptual boundary map that is supported
by the public.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls,
Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut.
(d) Submission of Study Results.--Not later than 3 years after
funds are first made available for this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing the results of the study. | Naugatuck River Valley National Heritage Area Study Act - Instructs the Secretary of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. Requires submission of the study's results to Congress. | {"src": "billsum_train", "title": "Naugatuck River Valley National Heritage Area Study Act"} | 1,689 | 64 | 0.409347 | 1.231206 | 0.413753 | 3.744681 | 31.638298 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budgeting for Opioid Addiction
Treatment Act''.
SEC. 2. EXCISE TAX ON OPIOID PAIN RELIEVERS.
(a) In General.--Subchapter E of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4192. OPIOID PAIN RELIEVERS.
``(a) In General.--There is hereby imposed on the sale of any
taxable active opioid by the manufacturer, producer, or importer a tax
equal to 1 cent per milligram so sold.
``(b) Taxable Active Opioid.--For purposes of this section--
``(1) In general.--The term `taxable active opioid' means
any controlled substance (as defined in section 102 of the
Controlled Substances Act, as in effect on the date of the
enactment of this section) which is opium, an opiate, or any
derivative thereof.
``(2) Exclusion for certain prescription medications.--Such
term shall not include any prescribed drug which is used
exclusively for the treatment of opioid addiction as part of a
medically assisted treatment effort.
``(3) Exclusion of other ingredients.--In the case of a
product that includes a taxable active opioid and another
ingredient, subsection (a) shall apply only to the portion of
such product that is a taxable active opioid.''.
(b) Clerical Amendments.--
(1) The heading of subchapter E of chapter 32 of the
Internal Revenue Code of 1986 is amended by striking ``Medical
Devices'' and inserting ``Other Medical Products''.
(2) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E and
inserting the following new item:
``subchapter e. other medical products''.
(3) The table of sections for subchapter E of chapter 32 of
such Code is amended by adding at the end the following new
item:
``Sec. 4192. Opioid pain relievers.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales on or after the date that is 1 year after the date of
the enactment of this Act.
(d) Rebate or Discount Program for Certain Cancer and Hospice
Patients.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with patient advocacy groups and
other relevant stakeholders as determined by such Secretary,
shall establish a mechanism by which--
(A) any amount paid by an eligible patient in
connection with the tax under section 4192 of the
Internal Revenue Code of 1986 (as added by this
section) shall be rebated to such patient in as timely
a manner as possible, or
(B) amounts paid by an eligible patient for taxable
active opioids (as defined in section 4192(b) of such
Code) are discounted at time of payment or purchase to
ensure that such patient does not pay any amount
attributable to such tax,
with as little burden on the patient as possible. The Secretary
shall choose whichever of the options described in subparagraph
(A) or (B) is, in the Secretary's determination, most effective
and efficient in ensuring eligible patients face no economic
burden from such tax.
(2) Eligible patient.--For purposes of this section, the
term ``eligible patient'' means--
(A) a patient for whom any taxable active opioid
(as so defined) is prescribed to treat pain relating to
cancer or cancer treatment;
(B) a patient participating in hospice care; and
(C) in the case of the death or incapacity of a
patient described in subparagraph (A) or (B) or any
similar situation as determined by the Secretary of
Health and Human Services, the appropriate family
member, medical proxy, or similar representative or the
estate of such patient.
SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE.
(a) Grants to States.--Section 1921(b) of the Public Health Service
Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as
applicable, for carrying out section 1923A'' before the period.
(b) Nonapplicability of Prevention Program Provision.--Section
1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1))
is amended by inserting ``except with respect to amounts made available
as described in section 1923A,'' before ``will expend''.
(c) Opioid Treatment Programs.--Subpart II of part B of title XIX
of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended
by inserting after section 1923 the following:
``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.
``A funding agreement for a grant under section 1921 is that the
State involved shall provide that any amounts made available by any
increase in revenues to the Treasury in the previous fiscal year
resulting from the enactment of section 4192 of the Internal Revenue
Code of 1986, reduced by any amounts rebated or discounted under
section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as
described in section 1933(a)(1)(B)(i)) be used exclusively for
substance abuse (including opioid abuse) treatment efforts in the
State, including treatment programs--
``(1) establishing new addiction treatment facilities,
residential and outpatient, including covering capital costs;
``(2) establishing sober living facilities;
``(3) recruiting and increasing reimbursement for certified
mental health providers providing substance abuse treatment in
medically underserved communities or communities with high
rates of prescription drug abuse;
``(4) expanding access to long-term, residential treatment
programs for opioid addicts (including
30-, 60-, and 90-day programs);
``(5) establishing or operating support programs that offer
employment services, housing, and other support services to
help recovering addicts transition back into society;
``(6) establishing or operating housing for children whose
parents are participating in substance abuse treatment
programs, including capital costs;
``(7) establishing or operating facilities to provide care
for babies born with neonatal abstinence syndrome, including
capital costs; and
``(8) other treatment programs, as the Secretary determines
appropriate.''.
(d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public
Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by
inserting ``, plus any increase in revenues to the Treasury in the
previous fiscal year resulting from the enactment of section 4192 of
the Internal Revenue Code of 1986, reduced by any amounts rebated or
discounted under section 2(d) of the Budgeting for Opioid Addiction
Treatment Act'' before the period.
SEC. 4. REPORT.
Not later than 2 years after the date described in section 2(c),
the Secretary of Health and Human Services shall submit to Congress a
report on the impact of the amendments made by sections 2 and 3 on--
(1) the retail cost of taxable active opioids (as defined
in section 4192 of the Internal Revenue Code of 1986, as added
by section 2);
(2) patient access to such opioids, particularly cancer and
hospice patients, including the effect of the discount or
rebate on such opioids for cancer and hospice patients under
section 2(d);
(3) how the increase in revenue to the Treasury resulting
from the enactment of section 4192 of the Internal Revenue Code
of 1986 is used to improve substance abuse treatment efforts in
accordance with section 1923A of the Public Health Service Act
(as added by section 3); and
(4) suggestions for improving--
(A) access to opioids for cancer and hospice
patients; and
(B) substance abuse treatment efforts under such
section 1923A. | Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code to impose a one cent per milligram excise tax on the sale of active opioids by the manufacturer, producer, or importer. The tax excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the tax. The bill amends the Public Health Service Act to require any increase in federal revenues from the tax after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program to be used exclusively for substance abuse (including opioid abuse) efforts in the states, including specified treatment programs. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts. | {"src": "billsum_train", "title": "Budgeting for Opioid Addiction Treatment Act"} | 1,825 | 252 | 0.535886 | 1.465735 | 0.654035 | 3.176991 | 6.955752 | 0.840708 |
SECTION 1. OPEN CONTAINER LAWS.
(a) Establishment.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 161. Open Container Limitations
``(a) Withholding of Funds for Noncompliance.--
``(1) General rule.--Beginning with fiscal year 1997, and
for each fiscal year thereafter, the Secretary shall withhold 5
percent of the amount required to be apportioned to a State
under paragraphs (1), (2), (5), and (6) of section 104(b) for
the fiscal year, if, for any period during the immediately
preceding fiscal year, the possession of any open alcoholic
beverage container, or the consumption of any alcoholic
beverage, in the passenger area of any motor vehicle located on
a public highway, or the right-of-way of a public highway, in
the State is lawful.
``(2) Limitation of application to charter buses.--If a
State has in effect a law that makes the possession of any open
alcoholic beverage container unlawful in the passenger area by
the driver (but not by a passenger) of a motor vehicle designed
to transport more than 10 passengers (including the driver)
while being used to provide charter transportation of
passengers, the State shall be deemed in compliance with
paragraph (1) with respect to the motor vehicle for each fiscal
year during which the law is in effect.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Funds withheld on or before september 30, 1997.--
``(A) Period of availability.--Any funds withheld
under this section from apportionment to any State on
or before September 30, 1997, shall remain available
for apportionment to the State as follows:
``(i) If, but for this section, the funds
would otherwise have been apportioned under
section 104(b)(5)(A), the funds shall remain
available until the end of the fiscal year for
which the funds are made available.
``(ii) If, but for this section, the funds
would otherwise have been apportioned under
section 104(b)(5)(B), the funds shall remain
available until the end of the second fiscal
year following the fiscal year for which the
funds are made available.
``(iii) If, but for this section, the funds
would have been apportioned under paragraph
(1), (2), or (6) of section 104(b), the funds
shall remain available until the end of the
third fiscal year following the fiscal year for
which the funds are made available.
``(B) Funds withheld after september 30, 1997.--No
funds withheld under this section from apportionment to
a State after September 30, 1997, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under this section from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
brings into effect a law that is in compliance with subsection
(a), on the day following the effective date of the law, the
Secretary shall apportion to the State the withheld funds
remaining available for apportionment to the State pursuant to
paragraph (1).
``(3) Period of availability of subsequently apportioned
funds.--
``(A) In general.--Any funds apportioned pursuant
to paragraph (2) shall remain available for expenditure
as follows:
``(i) Funds apportioned under section
104(b)(5)(A) shall remain available until the
end of the fiscal year succeeding the fiscal
year for which the funds are apportioned.
``(ii) Funds apportioned under paragraph
(1), (2), (5)(B), or (6) of section 104(b)
shall remain available until the end of the
third fiscal year succeeding the fiscal year
for which the funds are apportioned.
``(B) Unobligated sums.--Sums that are not
obligated on the termination of the period referred to
in subparagraph (A) shall--
``(i) lapse; or
``(ii) in the case of funds apportioned
under section 104(b)(5), lapse and be made
available by the Secretary for projects in
accordance with section 118(b).
``(4) Effect of noncompliance.--If, on the termination of
the period for which funds withheld under this section from
apportionment are available for apportionment to a State under
paragraph (1), the State does not have in effect a State law
that is in compliance with subsection (a)--
``(A) the funds shall lapse; or
``(B) in the case of funds withheld from
apportionment under section 104(b)(5), the funds shall
lapse and be made available by the Secretary for
projects in accordance with section 118(b).
``(c) Definitions.--As used in this section:
``(1) Alcoholic beverage.--The term `alcoholic beverage'
has the meaning provided the term in section 158(c).
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning provided the term in section 154(b).
``(3) Open alcoholic beverage container.--The term `open
alcoholic beverage container' has the meaning provided the term
in section 410.
``(4) Passenger area.--The term `passenger area' shall have
the meaning provided by the Secretary by regulation.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``161. Open container limitations.''. | Requires the Secretary of Transportation, beginning with FY 1997, to withhold five percent of the amount required to be apportioned to a State under specified Federal highway provisions if it is lawful in such State to: (1) possess an open alcoholic beverage container in the passenger area of any motor vehicle on a public highway; or (2) consume any alcoholic beverage in such motor vehicle on a public highway.
Exempts from such withholding measures charter buses designed to transport more than ten passengers whose drivers are not permitted by State law to possess open alcoholic beverages in the passenger area.
Provides for the release of withheld funds to States which comply with this Act. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, relating to open containers of alcoholic beverages and consumption of alcoholic beverages in the passenger area of motor vehicles, and for other purposes."} | 1,324 | 145 | 0.61029 | 1.836717 | 0.633203 | 2.6875 | 9.117188 | 0.78125 |
SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE BENEFITS TO
INDIVIDUALS VERIFIED TO BE CITIZENS.
(a) Restriction.--
(1) In general.--Notwithstanding any other provision of
law, an individual is not eligible for a Federal assistance
benefit (as defined in paragraph (2) of this subsection) unless
the individual meets the citizenship requirement specified in
subsection (b)(1).
(2) Federal assistance benefit.--In this section, the term
``Federal assistance benefit'' means, with respect to an
individual, assistance furnished to the individual (or to the
household, family, or other similar unit that includes the
individual) under any Federal assistance program (as defined in
subsection (e)), including any benefit furnished under a grant
or contract made pursuant to any such program, but does not
include an entity receiving a grant or contract under such a
program if the grant or contract is used to furnish assistance
other than to the entity receiving the grant or contract.
(b) Citizenship, Attestation, and Citizenship Verification
Requirements.--
(1) Citizenship requirement.--The citizenship requirement
specified in this paragraph, with respect to an individual, is
that the individual must meet--
(A) the attestation requirement of paragraph (2);
and
(B) the citizenship verification requirement of
paragraph (3).
(2) Attestation requirement.--An individual meets the
attestation requirement of this paragraph for a Federal
assistance benefit if the individual has filed, in connection
with the application for the benefit (or, in the case of an
individual who is a recipient of the benefit, filed with the
provider of the benefit), a declaration in writing (under
penalty of perjury and in a form and manner specified under
subsection (c)(3)) that the individual is a citizen or national
of the United States.
(3) Citizenship verification requirement.--
(A) In general.--An individual meets the
citizenship verification requirement of this
paragraph--
(i) in connection with an application for a
Federal assistance benefit, if the individual--
(I) furnishes in connection with
the application satisfactory
documentary evidence (as defined in
section 1903(x)(3) of the Social
Security Act (42 U.S.C. 1396b(x)(3)) of
United States citizenship or
nationality;
(II) furnishes in connection with
the application a photographic identity
document described in section
274A(b)(1)(D) of the Immigration and
Nationality Act; and
(III) furnishes in connection with
the application the individual's name
and social security account number and
has the name and number and citizenship
or nationality status confirmed in
accordance with subparagraphs (B)(ii)
and (C)(ii) as being consistent with
information in the records maintained
by the Commissioner of Social Security
or the Secretary of Homeland Security,
respectively; or
(ii) in the case of a recipient of a
Federal assistance benefit, if the individual
furnishes to the provider of the benefit the
documentary evidence and other information
described in clause (i), and has the
individual's name and social security account
number and social security number and
citizenship or nationality status confirmed as
described in clause (i)(III).
(B) Confirmation through social security.--
(i) Transmittal of ssn to ssa.--An entity
that is furnished a name, social security
account number, and other identity information
for an individual under subparagraph (A) shall
submit the name and number to the Commissioner
of Social Security for confirmation under
clause (ii) of this subparagraph.
(ii) Confirmation or nonconfirmation by
ssa.--Upon receipt of a submittal under clause
(i) from an entity, the Commissioner shall
compare the information submitted with the
information in the records maintained by the
Commissioner and transmit to the entity either
a confirmation or nonconfirmation as to whether
the number submitted is valid and whether the
information in the Social Security
Administration indicates that the individual is
a citizen or national of the United States.
(C) Confirmation through dhs.--
(i) Transmittal to dhs.--An entity that is
furnished a name and social security account
number and other identity information for an
individual under subparagraph (A) of this
paragraph shall submit the name and number and
such other identifying information as the
Director may require under subsection (c)(3)(B)
respecting the individual to the Secretary of
Homeland Security for confirmation under clause
(ii) of this subparagraph.
(ii) Review and confirmation or
nonconfirmation by dhs.--Upon receipt of a
submittal under clause (i) from an entity, the
Secretary of Homeland Security shall transmit
to the entity either a confirmation or
nonconfirmation as to whether the information
in the records of the Department of Homeland
Security indicates that the individual is a
citizen or national of the United States.
(D) Verification through save program.--An entity
that is furnished a name and social security account
number and other identity information for an individual
under subparagraph (A) shall verify that the individual
is not included as a noncitizen in the Systematic Alien
Verification for Entitlements (SAVE) Program of the
Department of Homeland Security.
(E) Notice.--In the case of an individual who does
not provide the documentary evidence referred to in
subparagraph (A) or who does not receive confirmation
of United States citizenship or nationality under
subparagraph (B)(ii) or (C)(ii), the entity processing
the application for, or providing, the Federal
assistance benefit involved shall notify the individual
of the individual's ineligibility under this section
with respect to the benefit, and of the opportunity of
the individual to appeal the ineligibility
determination.
(F) Appeals process.--The head of any department or
agency of the Federal Government who is administering a
Federal benefit program shall provide a process through
which an individual may appeal a determination made
under this Act that an individual is ineligible for a
Federal assistance benefit.
(4) National defined.--In this section, the term
``national'' means a national of the United States (as defined
in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
(c) Additional Rules; Administration.--
(1) Treatment of certain families and households.--In the
case of a Federal assistance benefit which is made available
based on--
(A) eligibility for a child, the child shall be
treated as meeting the citizenship requirement of
subsection (b)(1) if the child, or a parent or legal
guardian of the child, meets the requirement; and
(B) eligibility for a household or other family
unit, the members of the household or family unit shall
be treated as meeting the citizenship requirement if
any individual who is treated as a member of the
household or family unit meets the requirement, except
that--
(i) if the program under which the benefit
is furnished is the program for supportive
housing for the elderly under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), the
citizenship requirement must be met by an
elderly individual who is member of the
household; and
(ii) if the program under which the benefit
is furnished is the program for supportive
housing for persons with disabilities under
section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), the
citizenship requirement must be met by a
disabled individual who is a member of the
household.
(2) Satisfaction of requirement.--Once an individual meets
the citizenship requirement of subsection (b)(1) with respect
to a Federal assistance benefit, the individual shall be
treated as continuing to meet the requirement for the benefit
so long as the individual otherwise remains continuously
eligible for the benefit.
(3) General administration.--
(A) In general.--The Director of the Office of
Management and Budget may issue such regulations and
guidance as may be required to carry out this section.
(B) Specifications of declaration form and
verification process.--Not later than 30 days after the
date of the enactment of this Act, the Director shall
specify the form and manner of the declaration of
citizenship form under subsection (b)(2) and the method
for verifying citizenship to be used under subsection
(b)(3) consistent with the following:
(i) The declaration form shall be based on
the declaration form used for purposes of
section 1137(d)(1)(A) of the Social Security
Act (42 U.S.C. 1320b-7(d)(1)(A)).
(ii) The verification process described in
subparagraphs (A), (B), and (C) of subsection
(b)(3) shall be based on the process used for
purposes of paragraphs (1) and (2) of section
1902(ee) of the Social Security Act (42 U.S.C.
1396a(ee)).
(4) Superseding other citizenship-related eligibility
requirements.--The provisions of this section supersede any
provisions of law relating to the eligibility for Federal
assistance benefits of individuals based on citizenship,
nationality, or immigration status, unless the Director of the
Office of Management and Budget determines that the provisions
of the law are more restrictive than the requirements of this
section.
(d) Disqualification for Willful and Repeated Noncompliance.--
(1) In general.--If the Director of the Office of
Management and Budget determines that an entity providing a
Federal assistance benefit has willfully and repeatedly
furnished the benefit to individuals who have not met the
citizenship requirement of subsection (b)(1) or has willfully
and repeatedly failed to submit information as required under
subparagraph (B)(i) or (C)(i) of subsection (b)(3), the entity
is disqualified from furnishing the benefit, and the Director
shall add the name of the entity to the List of Excluded
Individuals/Entities, until the Director determines that any
such benefit furnished to any such individual has been
recovered.
(2) Monitoring of programs by the inspectors general.--The
Inspector General for the respective Federal Department or
agency with primary responsibility for a Federal assistance
program shall provide for regular reports on compliance of the
entities furnishing benefits under the program in applying
subsection (a).
(e) Federal Assistance Program Defined.--In this section, the term
``Federal assistance program''--
(1) means any provision of Federal law (other than the
Internal Revenue Code of 1986 or any other Federal law
pertaining to taxation) that authorizes a benefit to be
furnished for which eligibility is based in whole or in part on
the income or resources of the beneficiary; and
(2) includes any provision of the Social Security Act that
authorizes a benefit to be furnished.
(f) Effective Date.--
(1) In general.--Subsection (a) shall apply to
determinations (including redeterminations) of eligibility made
on or after the date that is 1 year after the date of the
enactment of this Act.
(2) Transition rule.--In no case shall an individual remain
eligible for a Federal assistance benefit after the date that
is 2 years after the date of the enactment of this Act without
satisfying the citizenship requirement of subsection (b)(1). | This bill restricts eligibility for certain federal assistance benefits to an individual who submits, with an application for benefits, specified verification that the individual is a citizen or national of the United States. | {"src": "billsum_train", "title": "To restrict certain Federal assistance benefits to individuals verified to be citizens of the United States."} | 2,485 | 47 | 0.54021 | 1.396383 | 0.454312 | 4 | 63.485714 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Cargo Security Act of 2010''.
SEC. 2. FEDERAL AIR CARGO SCREENING PROGRAM.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Federal Air Cargo Screening Program.--
``(1) In general.--Not later than one year after the date
of enactment of this subsection, the Secretary of Homeland
Security, acting through the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
establish and operate, at each airport in the United States
that serves passengers, Federal air cargo screening centers for
the screening of cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in air
transportation or intrastate air transportation.
``(2) Minimum standards.--The Assistant Secretary shall
establish standards for the equipment, technology, procedures,
personnel, and methods utilized to conduct screening pursuant
to this subsection. The standards shall provide a level of
security commensurate with the level of security for the
screening of passenger checked baggage.
``(3) Coordination with other air cargo security
programs.--The Assistant Secretary shall ensure that the
screening conducted pursuant to this subsection is coordinated
with the Certified Cargo Screening Program and any other air
cargo security program established under subsection (g).
``(4) Authority to contract.--The Assistant Secretary is
authorized to enter into contracts with nongovernmental
entities (including air carriers and foreign air carriers) to
conduct air cargo screening pursuant to this subsection.
``(5) Air cargo screening fee.--
``(A) In general.--The Assistant Secretary shall
impose and collect a uniform fee for air cargo
screening pursuant to this subsection in an amount that
the Assistant Secretary estimates will result in an
aggregate collection of fees equal to the amount the
Assistant Secretary estimates for the following costs:
``(i) The salary, benefits, overtime,
retirement, and other costs relating to
screening personnel, the supervisors and
managers of such personnel, and Federal law
enforcement personnel deployed at Federal air
cargo screening centers established under this
subsection.
``(ii) The costs of training personnel
deployed at Federal air cargo screening centers
established under this subsection and the
acquisition, operation, and maintenance of
equipment used by such personnel.
``(iii) The costs of performing background
investigations of personnel deployed at Federal
air cargo screening centers established under
this subsection.
``(iv) The costs of capital improvements
relating to air cargo screening at airports.
``(v) Any other costs the Assistant
Secretary considers necessary and appropriate.
``(B) Imposition of fees.--
``(i) In general.--The Assistant Secretary
shall impose the fee under subparagraph (A)
after publication of notice of such fee in the
Federal Register and shall begin the collection
of fees not later than one year after the date
of enactment of this subsection.
``(ii) Subsequent modification of fees.--
The Assistant Secretary may modify, after
publication of notice of such modification in
the Federal Register, the imposition or
collection of fees under subparagraph (A).
``(iii) Limitation on collection.--No fee
may be collected pursuant to subparagraph (A)
unless the fee is related to the payment of the
costs specified in such subparagraph.
``(C) Administration of fees.--
``(i) Deposit of amounts collected.--
Amounts collected from the fee imposed under
subparagraph (A) shall be deposited in the Air
Cargo Security Fund established under paragraph
(6).
``(ii) Fees not subject to tax.--For
purposes of section 4261 of the Internal
Revenue Code of 1986, a fee imposed under
subparagraph (A) shall not be treated as an
amount paid for taxable transportation.
``(D) Receipts credited as offsetting
collections.--Notwithstanding section 3302 of title 31,
United States Code, any fee collected pursuant to
subparagraph (A)--
``(i) shall be credited as offsetting
collections to the account that finances the
activities and services for which the fee is
imposed; and
``(ii) shall be available for expenditure
without further appropriation only to pay the
costs of activities and services for which the
fee is imposed.
``(E) Refunds.--The Assistant Secretary may refund
a fee paid pursuant to subparagraph (A) by mistake or
in excess of that required.
``(6) Air cargo security fund.--
``(A) Establishment.--There is established in the
Department of Homeland Security a fund to be known as
the `Air Cargo Security Fund' consisting of amounts
deposited under paragraph (5)(C)(i).
``(B) Availability of amounts.--Amounts in the Air
Cargo Security Fund shall remain available until
expended by the Assistant Secretary for the costs
specified in paragraph (5)(A).
``(7) Screening defined.--In this subsection, the term
`screening' has the same meaning given the term under
subsection (g)(5).''. | Air Cargo Security Act of 2010 - Directs the Secretary of Homeland Security (DHS), acting through the Assistant Secretary of Homeland Security (TSA), to: (1) establish at each U.S. airport federal air cargo screening centers to screen cargo transported on domestic and foreign passenger aircraft that operate in air transportation, including intrastate air transportation; (2) establish minimum standards for equipment, technology, procedures, personnel, and methods used to conduct such screening; and (3) ensure that air cargo screening is coordinated with the Certified Cargo Screening Program and any other established air cargo security program.
Requires the Assistant Secretary to impose a fee for air cargo screening.
Establishes the Air Cargo Security Fund for the deposit of such fees. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to improve air cargo security, and for other purposes."} | 1,126 | 152 | 0.701753 | 1.823838 | 0.719449 | 3.161972 | 7.338028 | 0.93662 |
SECTION 1. DEFINITION.
In this Act, the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency.
SEC. 2. MAINTAINING RISK PREMIUM RATES FOR PROPERTIES PURCHASED AFTER
THE DATE OF ENACTMENT OF THE BIGGERT-WATERS FLOOD
INSURANCE REFORM ACT OF 2012.
(a) In General.--Section 1307(g) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4014(g)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(b) Effective Date.--Subsection (a) shall take effect as if enacted
on the date of enactment of the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112-141; 126 Stat. 916).
SEC. 3. DELAY IN FLOOD INSURANCE RATE CHANGES.
(a) In General.--Any change in risk premium rates for flood
insurance under the National Flood Insurance Program under the
amendments made by sections 100205 and 100207 of the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 917)
to sections 1307 and 1308 of the National Flood Insurance Act of 1968
(42 U.S.C. 4014 and 4015) shall not take effect until--
(1) the date that is 180 days after the date on which the
Administrator submits the report on affordability under section
100236(c) of the Biggert-Waters Flood Insurance Reform Act of
2012; or
(2) if the Administrator determines that the report on
affordability required under section 100236(c) of the Biggert-
Waters Flood Insurance Reform Act of 2012 cannot be submitted
by the date specified under such section 100236(c), the date
that is 180 days after the date on which the Administrator
submits the information under section 100236(e)(2) of such Act,
as added by section 6 of this Act.
(b) Effective Date.--Subsection (a) shall take effect as if enacted
as part of the Biggert-Waters Flood Insurance Reform Act of 2012.
SEC. 4. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE OPTIONS.
(a) Study.--
(1) Study required.--The Administrator shall conduct a
study to assess options, methods, and strategies for making
available voluntary community-based flood insurance policies
through the National Flood Insurance Program.
(2) Considerations.--The study conducted under paragraph
(1) shall--
(A) take into consideration and analyze how
voluntary community-based flood insurance policies--
(i) would affect communities having varying
economic bases, geographic locations, flood
hazard characteristics or classifications, and
flood management approaches; and
(ii) could satisfy the applicable
requirements under section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C.
4012a); and
(B) evaluate the advisability of making available
voluntary community-based flood insurance policies to
communities, subdivisions of communities, and areas of
residual risk.
(3) Consultation.--In conducting the study required under
paragraph (1), the Administrator may consult with the
Comptroller General of the United States, as the Administrator
determines is appropriate.
(b) Report by the Administrator.--
(1) Report required.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House of
Representatives a report that contains the results and
conclusions of the study conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include recommendations for--
(A) the best manner to incorporate voluntary
community-based flood insurance policies into the
National Flood Insurance Program; and
(B) a strategy to implement voluntary community-
based flood insurance policies that would encourage
communities to undertake flood mitigation activities,
including the construction, reconstruction, or
improvement of levees, dams, or other flood control
structures.
(c) Report by Comptroller General.--Not later than 6 months after
the date on which the Administrator submits the report required under
subsection (b), the Comptroller General of the United States shall--
(1) review the report submitted by the Administrator; and
(2) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report that contains--
(A) an analysis of the report submitted by the
Administrator;
(B) any comments or recommendations of the
Comptroller General relating to the report submitted by
the Administrator; and
(C) any other recommendations of the Comptroller
General relating to community-based flood insurance
policies.
SEC. 5. AMENDMENTS TO NATIONAL FLOOD INSURANCE ACT OF 1968.
(a) Adequate Progress on Construction of Flood Protection
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(e)) is amended by inserting after the second sentence
the following: ``Notwithstanding any other provision of law, in
determining whether a community has made adequate progress on the
construction, reconstruction, or improvement of a flood protection
system, the Administrator shall not consider the level of Federal
funding of or participation in the construction, reconstruction, or
improvement.''.
(b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(f)) is amended in the first sentence by striking ``no longer does
so.'' and inserting the following: ``no longer does so, and shall apply
without regard to the level of Federal funding of or participation in
the construction, reconstruction, or improvement of the flood
protection system.''.
SEC. 6. AFFORDABILITY STUDY.
Section 100236 of the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141; 126 Stat. 957) is amended--
(1) in subsection (c), by striking ``Not'' and inserting
the following: ``Subject to subsection (e), not'';
(2) in subsection (d)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) National flood insurance fund.--Notwithstanding'';
and
(B) by adding at the end the following:
``(2) Other funding sources.--To carry out this section, in
addition to the amount made available under paragraph (1), the
Administrator may use any other amounts that are available to
the Administrator.''; and
(3) by adding at the end the following:
``(e) Alternative.--If the Administrator determines that the report
required under subsection (c) cannot be submitted by the date specified
under subsection (c)--
``(1) the Administrator shall notify, not later than 60
days after the date of enactment of this subsection, the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives of an alternative method of gathering the
information required under this section;
``(2) the Administrator shall submit, not later than 180
days after the Administrator submits the notification required
under paragraph (1), to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives the information
gathered using the alternative method described in paragraph
(1); and
``(3) upon the submission of information required under
paragraph (2), the requirement under subsection (c) shall be
deemed satisfied.''.
SEC. 7. FACILITIES IN COASTAL HIGH HAZARD AREAS.
(a) Definitions.--In this section--
(1) the term ``coastal high hazard area'' has the same
meaning as in section 9.4 of title 44, Code of Federal
Regulations, or any successor thereto;
(2) the term ``eligible entity'' means an entity that
receives a contribution under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172);
(3) the term ``essential to a community's recovery'' means,
with respect to a structure or facility, that the structure or
facility is associated with the basic functions of a local
government, including public health and safety, education, law
enforcement, fire protection, and other critical government
operations; and
(4) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(b) Regulations.--
(1) Substantial improvements.--Notwithstanding section 9.4
of title 44, Code of Federal Regulations, an action relating to
a structure or facility located in a coastal high hazard area
for which an eligible entity received a contribution under
section 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172) shall be deemed to be
a ``substantial improvement'' for purposes of part 9 of title
44, Code of Federal Regulations, if--
(A) the action involves the replacement of a
structure or facility that--
(i) was located in the coastal high hazard
area before the incident that caused the
structure or facility to be totally destroyed;
and
(ii) is essential to a community's recovery
from a major disaster;
(B) there is no practicable alternative to locating
a replacement structure or facility in the coastal high
hazard area;
(C) the replacement structure or facility conforms
to the most recent Flood Resistant Design and
Construction standard issued by the American Society of
Civil Engineers, or any more stringent standard
approved by the Administrator; and
(D) the eligible entity develops evacuation and
emergency response procedures to reduce the risk of
loss of human life and operational disruption from a
flood.
(2) Relocation.--
(A) Relocation required.--The amendments under
paragraph (1) shall provide that if the Administrator
determines that there is a practicable alternative to
the original site of a structure or facility described
in paragraph (1) that is outside the coastal high
hazard area and that provides better protection against
the flood hazard or other hazards associated with
coastal high hazard areas, the replacement structure or
facility shall be relocated to the alternative site.
(B) Relocation.--If a replacement structure or
facility is relocated under subparagraph (A), the
original site for the destroyed structure or facility
shall be deed restricted in conformance with part 80 of
title 44, Code of Federal Regulations.
(C) No relocation.--If a replacement structure or
facility is rebuilt at the same location, the eligible
entity shall set aside an alternative parcel of land in
the coastal high hazard area of equal or greater size,
to be deed restricted in conformance with part 80 of
title 44, Code of Federal Regulations, that the
Administrator determines--
(i) provides better protection against
floods; or
(ii) promotes the restoration of natural
and beneficial functions of coastal
floodplains, including protection to endangered
species, critical habitat, wetlands, or coastal
uses.
(3) Applicability.--This section shall apply with respect
to any major disaster declared on or after the date of
enactment of this Act. | Amends the National Flood Insurance Act of 1968 to repeal the prohibition against provision of flood insurance by the Administrator of the Federal Emergency Management Agency (FEMA) to prospective insureds at rates less than standard estimates for property purchased after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters). (Thus allows risk premium rates lower than standard rates for certain property purchased after Biggert-Waters.) Delays the effective date of any flood insurance rate changes until 180 days after FEMA submits: (1) a certain report on methods to establish an affordability framework for the National Flood Insurance Program (NFIP), or (2) notice to the congressional committees concerned of an alternative method of gathering information for such report if the report cannot be submitted by its due date. Directs FEMA to study options, methods, and implementing strategies for making available voluntary community-based flood insurance policies through NFIP. Prohibits FEMA, when determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation. Deems an action for the repair, restoration, and replacement of a totally destroyed structure or facility located in a coastal high hazard area for which an eligible entity received a contribution under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to be a "substantial improvement" for which grant funds may be used, if specified conditions are met. Requires a replacement structure or facility to be relocated to an alternative site if FEMA determines that a practicable alternative located outside the coastal high hazard area exists and provides better protection against hazards associated with coastal high hazard areas. Prescribes deed restrictions to dedicate and maintain it in perpetuity as open space for the conservation of natural floodplain functions for any property involved in the construction of replacement structures or facilities, either the original site if the replacement structure or facility is relocated, or an alternative parcel of land in the coastal high hazard area if the replacement is rebuilt at the same location. | {"src": "billsum_train", "title": "A bill to improve the National Flood Insurance Program, and for other purposes."} | 2,538 | 459 | 0.570562 | 1.904514 | 0.727713 | 3.413437 | 5.958656 | 0.839793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training and Knowledge Ensure
Children a Risk-Free Environment (TAKE CARE) Act ''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Under both Federal and State law, the courts play a
crucial and essential role in the Nation's child welfare system
and in ensuring safety, stability, and permanence for abused
and neglected children under the supervision of that system.
(2) The Adoption and Safe Families Act of 1997 (Public Law
105-89; 111 Stat. 2115) establishes explicitly for the first
time in Federal law that a child's health and safety must be
the paramount consideration when any decision is made regarding
a child in the Nation's child welfare system.
(3) The Adoption and Safe Families Act of 1997 promotes
stability and permanence for abused and neglected children by
requiring timely decision-making in proceedings to determine
whether children can safely return to their families or whether
they should be moved into safe and stable adoptive homes or
other permanent family arrangements outside the foster care
system.
(4) To avoid unnecessary and lengthy stays in the foster
care system, the Adoption and Safe Families Act of 1997
specifically requires, among other things, that States move to
terminate the parental rights of the parents of those children
who have been in foster care for 15 of the last 22 months.
(5) While essential to protect children and to carry out
the general purposes of the Adoption and Safe Families Act of
1997, the accelerated timelines for the termination of parental
rights and the other requirements imposed under that Act
increase the pressure on the Nation's already overburdened
abuse and neglect courts.
(6) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be substantially
improved by the acquisition and implementation of computerized
case-tracking systems to identify and eliminate existing
backlogs, to move abuse and neglect caseloads forward in a
timely manner, and to move children into safe and stable
families. Such systems could also be used to evaluate the
effectiveness of such courts in meeting the purposes of the
amendments made by, and provisions of, the Adoption and Safe
Families Act of 1997.
(7) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would also be improved by the
identification and implementation of projects designed to
eliminate the backlog of abuse and neglect cases, including the
temporary hiring of additional judges, extension of court
hours, and other projects designed to reduce existing
caseloads.
(8) The administrative efficiency and effectiveness of the
Nation's abuse and neglect courts would be further strengthened
by improving the quality and availability of training for
judges, court personnel, agency attorneys, guardians ad litem,
volunteers who participate in court-appointed special advocate
(CASA) programs, and attorneys who represent the children and
the parents of children in abuse and neglect proceedings.
(9) While recognizing that abuse and neglect courts in this
country are already committed to the quality administration of
justice, the performance of such courts would be even further
enhanced by the development of models and educational
opportunities that reinforce court projects that have already
been developed, including models for case-flow procedures, case
management, representation of children, automated interagency
interfaces, and ``best practices'' standards.
(10) Judges, magistrates, commissioners, and other judicial
officers play a central and vital role in ensuring that
proceedings in our Nation's abuse and neglect courts are run
efficiently and effectively. The performance of those
individuals in such courts can only be further enhanced by
training, seminars, and an ongoing opportunity to exchange
ideas with their peers.
(11) Volunteers who participate in court-appointed special
advocate (CASA) programs play a vital role as the eyes and ears
of abuse and neglect courts in proceedings conducted by, or
under the supervision of, such courts and also bring increased
public scrutiny of the abuse and neglect court system. The
Nation's abuse and neglect courts would benefit from an
expansion of this program to currently underserved communities.
(12) Improved computerized case-tracking systems,
comprehensive training, and development of, and education on,
model abuse and neglect court systems, particularly with
respect to underserved areas, would significantly further the
purposes of the Adoption and Safe Families Act of 1997 by
reducing the average length of an abused and neglected child's
stay in foster care, improving the quality of decision-making
and court services provided to children and families, and
increasing the number of adoptions.
SEC. 3. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS.
(a) Payment for Training.--
(1) In general.--Section 474(a)(3) of the Social Security
Act (42 U.S.C. 674(a)(3)) is amended--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(B) by inserting after subparagraph (B), the
following:
``(C) 75 percent of so much of such expenditures as
are for the training (including cross-training with
personnel employed by, or under contract with, the
State or local agency administering the plan in the
political subdivision, training on topics relevant to
the legal representation of clients in proceedings
conducted by or under the supervision of an abuse and
neglect court (as defined in section 475(8)), and
training on related topics such as child development
and the importance of developing a trusting
relationship with a child) of judges, judicial
personnel, law enforcement personnel, agency attorneys
(as defined in section 475(9)), attorneys representing
parents in proceedings conducted by, or under the
supervision of, an abuse and neglect court (as defined
in section 475(8)), attorneys representing children in
such proceedings (as defined in section 475(10)),
guardians ad litem, and volunteers who participate in
court-appointed special advocate (CASA) programs, to
the extent such training is related to provisions of,
and amendments made by, the Adoption and Safe Families
Act of 1997, provided that any such training that is
offered to judges or other judicial personnel shall be
offered by, or under contract with, the State or local
agency in collaboration with the judicial conference or
other appropriate judicial governing body operating in
the State,''.
(2) Conforming amendments.--
(A) Section 473(a)(6)(B) of such Act (42 U.S.C.
673(a)(6)(B)) is amended by striking ``474(a)(3)(E)''
and inserting ``474(a)(3)(F)''.
(B) Section 474(a)(3)(E) of such Act (42 U.S.C.
674(a)(3)(E)) (as redesignated by subsection (a)(1)) is
amended by striking ``subparagraph (C)'' and inserting
``subparagraph (D)''.
(C) Section 474(c) of such Act (42 U.S.C. 674(c))
is amended by striking ``subsection (a)(3)(C)'' and
inserting ``subsection (a)(3)(D)''.
(b) Definition of Certain Terms.--Section 475 of such Act (42
U.S.C. 675) is amended by adding at the end the following new
paragraphs:
``(8) The term `abuse and neglect courts' means the State
and local courts that carry out State or local laws requiring
proceedings (conducted by or under the supervision of the
courts)--
``(A) that implement part B and this part
(including preliminary disposition of such
proceedings);
``(B) that determine whether a child was abused or
neglected;
``(C) that determine the advisability or
appropriateness of placement in a family foster home,
group home, or a special residential care facility; or
``(D) that determine any other legal disposition of
a child in the abuse and neglect court system.
``(9) The term `agency attorney' means an attorney or other
individual, including any government attorney, district
attorney, attorney general, State attorney, county attorney,
city solicitor or attorney, corporation counsel, or privately
retained special prosecutor, who represents the State or local
agency administrating the programs under part B and this part
in a proceeding conducted by, or under the supervision of, an
abuse and neglect court, including a proceeding for termination
of parental rights.
``(10) The term `attorneys representing children' means any
attorney or a guardian ad litem who represents a child in a
proceeding conducted by, or under the supervision of, an abuse
and neglect court.''.
SEC. 4. STATE STANDARDS FOR AGENCY ATTORNEYS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(24) provides that, not later than January 1, 2002, the
State shall develop and encourage the implementation of
guidelines for all agency attorneys (as defined in section
475(9)), including legal education requirements for such
attorneys regarding the handling of abuse, neglect, and
dependency proceedings.''.
SEC. 5. TECHNICAL ASSISTANCE FOR CHILD ABUSE, NEGLECT, AND DEPENDENCY
MATTERS.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Attorney General, shall provide the technical
assistance, training, and evaluations authorized under this section
through grants, contracts, or cooperative arrangements with other
entities, including universities, and national, State, and local
organizations. The Secretary of Health and Human Services and the
Attorney General should ensure that entities that have not had a
previous contractual relationship with the Department of Health and
Human Services, the Department of Justice, or another Federal agency
can compete for grants for technical assistance, training, and
evaluations.
(b) Purpose.--Technical assistance shall be provided under this
section for the purpose of supporting and assisting State and local
courts that handle child abuse, neglect, and dependency matters to
effectively carry out new responsibilities enacted as part of the
Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) and to speed the process of adoption of children and legal
finalization of permanent families for children in foster care by
improving practices of the courts involved in that process.
(c) Activities.--Technical assistance consistent with the purpose
described in subsection (b) may be provided under this section through
the following:
(1) The dissemination of information, existing and
effective models, and technical assistance to State and local
courts that receive grants for automated data collection and
case-tracking systems and outcome measures.
(2) The provision of specialized training on child
development that is appropriate for judges, referees,
nonjudicial decision-makers, administrative, and other court-
related personnel, and for agency attorneys, attorneys
representing children, guardians ad litem, volunteers who
participate in court-appointed special advocate (CASA)
programs, or parents.
(3) The provision of assistance and dissemination of
information about best practices of abuse and neglect courts
for effective case management strategies and techniques,
including automated data collection and case-tracking systems,
assessments of caseload and staffing levels, management of
court dockets, timely decision-making at all stages of a
proceeding conducted by, or under the supervision of, an abuse
and neglect court (as so defined), and the development of
streamlined case flow procedures, case management models, early
case resolution programs, mechanisms for monitoring compliance
with the terms of court orders, models for representation of
children, automated interagency interfaces between data bases,
and court rules that facilitate timely case processing.
(4) The development and dissemination of training models
for judges, attorneys representing children, agency attorneys,
guardians ad litem, and volunteers who participate in court-
appointed special advocate (CASA) programs.
(5) The development of standards of practice for agency
attorneys, attorneys representing children, guardians ad litem,
volunteers who participate in court-appointed special advocate
(CASA) programs, and parents in such proceedings.
(d) Training Requirement.--Any training offered in accordance with
this section to judges or other judicial personnel shall be offered in
collaboration with the judicial conference or other appropriate
judicial governing body operating with respect to the State in which
the training is offered.
(e) Definitions.--In this section, the terms ``agency attorneys'',
``abuse and neglect courts'', and ``attorneys representing children''
have the meanings given such terms in section 475 of the Social
Security Act (42 U.S.C. 675) (as amended by section 3(b) of this Act).
(f) Authorization of Appropriations.--There is authorized to carry
out this section $5,000,000 for the period of fiscal years 2001 through
2005. | Directs the Secretary of Health and Human Services to provide technical assistance, training, and evaluations under this Act through grants, contracts, and cooperative agreements with other entities, including universities, and national, State, and local organizations. Authorizes appropriations. | {"src": "billsum_train", "title": "Training and Knowledge Ensure Children a Risk-Free Environment (TAKE CARE) Act"} | 2,874 | 54 | 0.32447 | 0.790701 | 0.036931 | 5.808511 | 57 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stolen Identity Refund Fraud
Prevention Act of 2016''.
SEC. 2. CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
The Secretary of the Treasury, or the Secretary's delegate, shall
establish and maintain an office at the Internal Revenue Service and
procedures to ensure that any taxpayer whose return has been delayed or
otherwise adversely affected due to the theft of the taxpayer's
identity has a centralized point of contact throughout the processing
of his or her case. The office shall coordinate with other offices
within the Internal Revenue Service to resolve the taxpayer's case as
quickly as possible.
SEC. 3. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT.
``If the Secretary determines that there was an unauthorized use of
the identity of any taxpayer, the Secretary shall--
``(1) as soon as practicable and without jeopardizing an
investigation relating to tax administration, notify the
taxpayer and include with that notice--
``(A) instructions to the taxpayer about filing a
police report; and
``(B) the forms the taxpayer must submit to allow
investigating law enforcement officials to access the
taxpayer's personal information; and
``(2) if any person is criminally charged by indictment or
information relating to such unauthorized use, notify such
taxpayer as soon as practicable of such charge.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Notification of suspected identity theft.''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 4. REPORT ON ELECTRONIC FILING OPT OUT.
The Secretary of the Treasury (or the Secretary's delegate) shall
submit a feasibility study to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
describing a program under which a person who has filed an identity
theft affidavit with the Secretary may elect to prevent the processing
of any Federal tax return submitted in an electronic format by that
taxpayer or a person purporting to be that taxpayer. The study shall be
submitted within 180 days after the date of the enactment of this Act
and should also include a recommendation on whether to implement such a
program.
SEC. 5. USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF
IDENTITY THEFT REFUND FRAUD.
The Secretary of the Treasury, and the Secretary's delegate, shall
use the information available under the Do Not Pay Initiative
established under section 5 of the Improper Payments Elimination and
Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) to help prevent
identity theft refund fraud.
SEC. 6. REPORT ON IDENTITY THEFT REFUND FRAUD.
(a) In General.--Not later than September 30, 2018, and biannually
thereafter through September 30, 2023, the Secretary of the Treasury
(or the Secretary's delegate) shall report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on the extent and nature of fraud involving the use of a
misappropriated taxpayer identity with respect to claims for refund
under the Internal Revenue Code of 1986 during the preceding completed
income tax filing season, and the detection, prevention, and
enforcement activities undertaken by the Internal Revenue Service with
respect to such fraud, including--
(1) detailing efforts to combat identity theft fraud,
including an update on the victims' assistance unit;
(2) information on both the average and maximum amounts of
time that elapsed before the cases of victims of such fraud
were resolved; and
(3) discussing Internal Revenue Service efforts associated
with other avenues for addressing identity theft refund fraud.
(b) Additional Requirements.--In addition, each report shall
provide an update on the implementation of this Act and identify the
need for any further legislation to protect taxpayer identities.
(c) Progress on Outreach and Education.--In the first biannual
report on identity theft refund fraud under subsection (a), the
Secretary (or the Secretary's delegate) shall include--
(1) an assessment of the agency's progress on identity
theft outreach and education to the private sector, State
agencies, and external organizations; and
(2) the results of a feasibility study on the costs and
benefits to enhancing its taxpayer authentication approach to
the electronic tax return filing process.
SEC. 7. INFORMATION SHARING AND ANALYSIS CENTER.
(a) In General.--The Secretary (or the Secretary's delegate) shall
establish an information sharing and analysis center to centralize,
standardize, and enhance data compilation and analysis to facilitate
sharing actionable data and information with respect to identity theft.
(b) Report.--Not later than 1 year after establishment of the
information sharing and analysis center, the Secretary (or the
Secretary's delegate) shall submit a report to the Committee on Ways
and Means of the House of Representatives and Committee on Finance of
the Senate on the information sharing and analysis center described in
subsection (a). The report shall include the data that was shared, the
use of such data, and the results of the data sharing and analysis
center in combating identity theft.
SEC. 8. LOCAL LAW ENFORCEMENT LIAISON.
(a) Establishment.--The Commissioner of Internal Revenue shall
establish within the Criminal Investigation Division of the Internal
Revenue Service the position of Local Law Enforcement Liaison.
(b) Duties.--The Local Law Enforcement Liaison shall serve as the
primary source of contact for State and local law enforcement
authorities with respect to tax-related identity theft, having duties
that shall include--
(1) receiving information from State and local law
enforcement authorities;
(2) responding to inquiries from State and local law
enforcement authorities;
(3) administering authorized information-sharing
initiatives with State or local law enforcement authorities and
reviewing the performance of such initiatives;
(4) ensuring any information provided through authorized
information-sharing initiatives with State or local law
enforcement authorities is used only for the prosecution of
identity theft-related crimes and not re-disclosed to third
parties; and
(5) such other duties relating to tax-related identity
theft prevention as are delegated by the Commissioner of
Internal Revenue.
SEC. 9. IRS PHONE SCAM REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General for Tax Administration, in
consultation with the Federal Communications Commission and the Federal
Trade Commission, shall submit a report to Congress regarding identity
theft phone scams under which individuals attempt to obtain personal
information over the phone from taxpayers by falsely claiming to be
calling from or on behalf the Internal Revenue Service.
(b) Contents of Report.--Such report shall include--
(1) a description of the nature and form of such scams;
(2) an estimate of the number of taxpayers contacted
pursuant to, and the number of taxpayers who have been victims
of, such scams;
(3) an estimate of the amount of wrongful payments obtained
from such scams; and
(4) details of potential solutions to combat and prevent
such scams, including best practices from the private sector
and technological solutions.
SEC. 10. PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD
WITH INTERNAL REVENUE SERVICE.
The Secretary of the Treasury, or the Secretary's delegate, shall
ensure that if a taxpayer is on hold with the Internal Revenue Service
on a taxpayer service telephone call the following information is
provided:
(1) Basic information about common identity theft tax
scams.
(2) Directions on where to report such activity.
(3) Tips on how to protect against identity theft tax
scams.
SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives May 16, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Stolen Identity Refund Fraud Prevention Act of 2016 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service to take several actions to prevent and respond to tax-related identity theft and tax fraud. (Sec. 2) The Department of the Treasury must establish and maintain an office at the Internal Revenue Service (IRS) and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a centralized point of contact throughout the processing of the case. The office must coordinate with other IRS offices to resolve the case as quickly as possible. (Sec. 3) If the IRS determines that there was an unauthorized use of a taxpayer's identity, it must notify the taxpayer as soon as practicable without jeopardizing any investigation related to tax administration. The notice must include: (1) instructions for filing a police report, and (2) forms to allow law enforcement officials to access the taxpayer's personal information. The IRS must also notify the taxpayer as soon as practicable if criminal charges are brought against any person with respect to the unauthorized use of the identity. (Sec. 4) The IRS must submit to Congress a feasibility study regarding a program under which a person who has filed an identity theft affidavit with the IRS may elect to prevent the processing of any federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. (Sec. 5) To help prevent identity theft tax refund fraud, the IRS must use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012. (Sec. 6) The IRS must report to Congress biannually on fraud involving the use of a misappropriated taxpayer identity to claim tax refunds and IRS detection, prevention, and enforcement activities undertaken with respect to the fraud. The report must provide an update on the implementation of this bill and identify the need for any further legislation to protect taxpayer identities. The first biannual report must include: (1) an assessment of the agency's progress on identity theft outreach and education, and (2) the results of a feasibility study on the costs and benefits of enhancing its taxpayer authentication approach to the electronic tax return filing process. (Sec. 7) The IRS must establish and report to Congress on an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. (Sec. 8) The IRS must establish within the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities to: receive information, respond to inquiries, administer and review the performance of information-sharing initiatives, ensure any information provided through the initiatives is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties, and carry out other duties relating to tax-related identity theft prevention. (Sec. 9) The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. (Sec. 10) The IRS must provide the following information to taxpayers who are on hold during a taxpayer service telephone call: (1) basic information about common identity theft tax scams, (2) directions on where to report such activities, and (3) tips on how to protect against identity theft tax scams. (Sec. 11) No additional funds are authorized to carry out the requirements of this bill. | {"src": "billsum_train", "title": "Stolen Identity Refund Fraud Prevention Act of 2016"} | 1,856 | 777 | 0.734807 | 2.255826 | 0.6837 | 5.313889 | 2.361111 | 0.947222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Equipment Compatibility With
Instant Runoff Voting Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the three Presidential elections since 1988, most
States have awarded their electoral votes to a candidate who
earned less than half the popular vote in that State.
(2) In many elections, the majority of voters split their
votes between two similar candidates, letting a third candidate
supported by only a minority of the electorate win the
election.
(3) The principle of majority rule is violated when the
majority does not choose the winner of an election.
(4) A simple solution to this problem of non majority
winners is to require the winner of an election to earn a
majority of votes.
(5) Instant runoff voting, as used in Ireland, Australia,
and London, requires the winner of an election to earn a
majority of votes. Voters rank candidates in case their
favorite candidate is eliminated, and the votes of the
candidate's supporters count for their second choice in a
runoff round. This process continues until one candidate earns
a majority of votes.
(6) There is increased interest in instant runoff voting.
For example, Alaskans in 2002 will vote on whether to adopt
instant runoff voting for Presidential elections in 2004. In
1999, the New Mexico Senate passed legislation providing for a
ballot measure under which voters would be allowed to implement
instant runoff voting for Presidential elections. In Vermont,
legislation to enact instant runoff voting for statewide
offices, including the Presidential race, has been endorsed by
Common Cause, the League of Women Voters, and the Grange.
Additionally, the legislatures of States such as Maine,
Maryland, Minnesota, and Washington in 2001 debated legislation
to enact instant runoff voting for Presidential elections, and
the Speaker of the California Assembly has introduced a bill to
implement instant runoff voting in elections to fill vacancies
in Congress.
(7) In order to conduct an instant runoff election, voting
equipment must be compatible with ranked ballots.
(8) Consistent with the national underinvestment in voting
equipment, much of the Nation's voting equipment is not
currently compatible with ranked ballots.
(9) There are currently no Federal mandatory minimum
standards for voting equipment. Although the Federal Election
Commission has promulgated voluntary standards, these voluntary
standards do not include compatibility with ranked ballots.
SEC. 3. FUNDING FOR STATES IMPLEMENTING INSTANT RUNOFF VOTING FOR
PRESIDENTIAL ELECTIONS.
(a) Establishment of Grant Program.--There is established a program
under which the Federal Election Commission (hereafter in this Act
referred to as the ``Commission'') shall make grants to eligible States
which have adopted an instant runoff voting system for presidential
elections to defray the costs of administering such a system, including
the costs of purchasing voting equipment, software, and other
technology necessary for such a system.
(b) Plan for Program.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall develop and make public a
plan describing the criteria to be used in the solicitation and
approval of applications for grants under this Act and the criteria to
be used in overseeing the use of funds provided under such grants,
except that under such criteria the Commission may not require a State
to match any portion of the amount awarded as a condition of
eligibility.
(c) Eligibility of States.--
(1) In general.--A State is eligible to receive a grant
under the program under this section if it submits to the
Commission (in such form and manner as the Commission may
require) an application containing such information and
assurances as the Commission may require.
(2) Deadline for application.--The Commission may not
consider an application for a grant under this section unless
the application is submitted prior to the expiration of the 60-
day period which begins on the date the Commission makes public
the plan developed under subsection (b).
(3) Deadline for response.--The Commission shall approve or
reject an application submitted under this subsection not later
than 120 days after receiving the application.
(4) Criteria for rejection.--The Commission may not reject
an application submitted under this subsection unless it finds
that--
(A) the equipment, software, or other technology
used to administer elections in the State is not
compatible with an instant runoff voting system; or
(B) the State does not provide for appropriate
education for voters, poll workers, and election
officials in the use of an instant runoff voting
system.
(d) Cap on Amount of Grant.--The amount of any grant awarded to a
State under the program under this section may not exceed the product
of--
(1) the number of residents in the State at the time the
grant is awarded (based on the most recent decennial census);
and
(2) $12.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section--
(1) $30,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for fiscal year 2003 and
each succeeding fiscal year.
SEC. 4. REQUIRING STATES TO USE VOTING EQUIPMENT COMPATIBLE WITH
INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS.
(a) In General.--Notwithstanding any other provision of law, each
State shall administer elections for Federal office using voting
equipment and technology which is compatible with an instant runoff
voting system.
(b) Effective Date.--Subsection (a) shall apply with respect to the
regularly scheduled general election for Federal office held during
2004 and each succeeding election for Federal office.
SEC. 5. DEFINITIONS.
(a) Instant Runoff Voting System.--In this Act, the term ``instant
runoff voting system'' means a system for the election of candidates
under which--
(1) voters may rank candidates on the ballot according to
the order of preference;
(2) runoff counts of candidates are conducted in rounds;
(3) if in any round no candidate receives a majority of the
votes cast, the candidate with the fewest number of votes is
eliminated and the remaining candidates advance to the next
round;
(4) in each round, a voter shall be considered to have cast
one vote for the candidate the voter ranked highest on the
ballot who has not been eliminated; and
(5) the runoff counts are carried out automatically at the
time the votes are cast and tabulated.
(b) State.--In this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and
the United States Virgin Islands.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act may be construed to supersede or conflict with
the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). | Voting Equipment Compatibility With Instant Runoff Voting Act of 2001 - Establishes a program under which the Federal Election Commission shall make grants to eligible States to defray the costs of administering an instant runoff voting system adopted for presidential elections, including the costs of purchasing voting equipment, software, and other technology necessary for such a system.Requires each State to administer elections for Federal office using voting equipment and technology compatible with an instant runoff voting system. | {"src": "billsum_train", "title": "To direct the Federal Election Commission to make grants to States which have adopted an instant runoff voting system for presidential elections, and for other purposes."} | 1,539 | 102 | 0.565897 | 1.40284 | 1.142217 | 5.481928 | 17.168675 | 0.975904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief to Victims of Hurricane
Katrina and Other Natural Disasters Act''.
SEC. 2. DEFINITIONS; WHO MAY BE A DEBTOR.
(a) Current Monthly Income.--Section 101(10A)(B) of title 11,
United States Code, is amended--
(1) by striking ``and payments'' and inserting
``payments''; and
(2) by inserting before the period at the end the
following: ``, and payments to victims of a natural disaster by
a governmental unit or by a qualified religious or charitable
entity or organization, as defined in section 548(d)(4), which
were made solely on account of their status as victims of such
natural disaster''.
(b) Natural Disaster; Natural Disaster Zone.--Section 101 of title
11, United States Code, is amended--
(1) by redesignating paragraphs (40A) and (40B) as
paragraphs (40C) and (40D), respectively; and
(2) by inserting after paragraph (40) the following:
``(40A) The term `natural disaster' means a major disaster,
as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
``(40B) The term `natural disaster zone' means the
geographical area included in the determination of a natural
disaster.''.
(c) Victim of Natural Disaster.--Section 101 of title 11, United
States Code, is amended by adding at the end the following:
``(56) The term `victim of a natural disaster' means an
individual whose financial condition is materially adversely
affected due to--
``(A) damage sustained to the principal residence
of that person, where such residence is located in a
natural disaster zone, as a result of a natural
disaster;
``(B) an inability to remain at the principal
residence of that person, where such residence is
located in a natural disaster zone, as a result of a
natural disaster; or
``(C) an inability to work at the principal place
of employment of that person, where such place of
employment is located in a natural disaster zone, as a
result of a natural disaster.''.
(d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United
States Code, is amended by inserting ``natural disaster,'' after
``disability,''.
SEC. 3. AMENDMENTS TO CHAPTER 5.
Section 521 of title 11, United States Code, is amended by adding
at the end the following:
``(k) The court, after notice and a hearing upon motion of the
debtor, may extend any time period specified in this section as may be
necessary, if the court finds that--
``(1) the debtor is a victim of a natural disaster; and
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time.''.
SEC. 4. AMENDMENTS TO CHAPTER 7.
(a) Reasonable Necessary Expenses.--Section 707(b)(2)(A)(ii) of
title 11, United States Code, is amended by adding at the end the
following:
``(VI) In addition, the monthly expenses of the debtor may include
the actual reasonably necessary expenses incurred as a result of being
a victim of a natural disaster if the debtor provides documentation of
such expenses, and a detailed explanation of why such expenses are
reasonable and necessary, and why such expenses are not accounted for
by the national standards, local standards, and other necessary
expenses referred to in subclause (I).''.
(b) Natural Disaster.--Section 707(b)(2)(B)(i) of title 11, United
States Code, is amended by inserting ``or a natural disaster'' after
``such as a serious medical condition or a call or order to active duty
in the Armed Forces''.
SEC. 5. AMENDMENTS TO CHAPTER 11.
(a) Conversion of Case.--Section 1112(b) of title 11, United States
Code, is amended--
(1) in paragraph (2)(B)(i), by inserting ``, including a
natural disaster'' before the semicolon; and
(2) in paragraph (3), by inserting ``(including a natural
disaster)'' after ``circumstances''.
(b) Who May File a Plan.--Section 1121(e)(3) of title 11, United
States Code, is amended--
(1) in subparagraph (A), by inserting ``(i)'' after
``(A)'';
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or'';
(3) by redesignating subparagraphs (B) and (C) as clauses
(ii) and (iii), respectively; and
(4) by adding at the end the following:
``(B) the debtor, after providing notice to parties
in interest (including the United States trustee)
demonstrates that the debtor is unable to meet the
deadline because of a natural disaster and a new
deadline is imposed at the time the extension is
granted and the order extending the time is signed
before the expiration of the existing deadline.''.
(c) Extension of Time for Small Businesses.--Chapter 11 of title
11, United States Code, is amended--
(1) in the table of sections, by adding at the end the
following:
``Sec. 1117. Extension of time for small businesses'';
and
(2) in subchapter I, by adding at the end the following:
``Sec. 1117. Extension of time for small businesses
``In a small business case, the court after notice and a hearing
may extend any deadline specified in this chapter if the court finds
that such extension is--
``(1) necessary to protect the best interests of creditors
and the estate; and
``(2) warranted by a natural disaster.''.
SEC. 6. AMENDMENTS TO CHAPTER 13.
(a) Conversion or Dismissal.--Section 1307(e) of title 11, United
States Code, is amended by adding at the end the following:
``The court, after notice and a hearing on motion of the debtor, may
extend any time period specified in this subsection as may be
necessary, if--
``(1) the debtor is a victim of a natural disaster;
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time; and
``(3) the debtor files an affidavit stating that such tax
return was destroyed or lost as a result of such natural
disaster, and that the debtor has requested a copy of such tax
return from the taxing authority.''.
(b) Filing of Prepetition Tax Returns.--Section 1308 of title 11,
United States Code, is amended by adding at the end the following:
``(d) The court, after notice and a hearing on motion of the
debtor, may extend any time period specified in this subsection as may
be necessary, if--
``(1) the debtor is a victim of a natural disaster;
``(2) the status of the debtor as a victim of a natural
disaster necessitates such extension of time; and
``(3) the debtor files an affidavit stating that such tax
return was destroyed or lost as a result of such natural
disaster and that the debtor has requested a copy of such tax
return from the taxing authority.''.
SEC. 7. VENUE IN CASE OF NATURAL DISASTER.
Section 1408 of title 28, United States Code, is amended--
(1) by striking ``Except'' and inserting the following:
``(a) In General.--Except''; and
(2) by adding at the end the following:
``(b) Alternative Venue in Case of Natural Disaster.--
``(1) In general.--If an individual cannot file a case
under title 11 in a district court described in subsection (a)
because the individual is a victim of a natural disaster (as
defined in section 101 of title 11), then such case may be
filed by such individual in the district court for the district
in which the individual has resided during the 30-day period
preceding the date of filing, upon providing the affidavit
required under paragraph (2).
``(2) Affidavit required.--An individual described in
paragraph (1) shall provide to the court an affidavit stating
that--
``(A) such individual is a victim of a natural
disaster (as defined in section 101 of title 11); and
``(B) a venue change is necessary because, due to
the natural disaster, the individual is not able to
reside in the district in which that individual would
otherwise be required to commence the case under
subsection (a).''.
SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on October 18, 2005.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11, United
States Code, after October 17, 2005. | Relief to Victims of Hurricane Katrina and Other Natural Disasters Act - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005).
Excludes from the accounting of current monthly income those payments made to victims of a natural disaster by a governmental unit, or by a qualified religious or charitable entity or organization, solely on account of their status as victims of such natural disaster.
Defines "victim of a natural disaster" as one whose financial condition is materially adversely affected by a natural disaster due to: (1) damage sustained to the principal residence as a result of such disaster; (2) an inability to remain at such principal residence; or (3) an inability to work at the principal place of employment of that person, as a result of such disaster.
Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster.
Modifies requirements governing the statutory deadline for completion of debtors' duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster; and (2) the debtor's status as a victim of a natural disaster necessitates such extension of time.
Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster if the debtor provides the requisite documentation.
Modifies requirements governing conversion or dismissal of either a Chapter 7 Liquidation case, a Chapter 11 Reorganization case, or Chapter 13 Regular Income case, where the debtor is a victim of a natural disaster.
Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor's inability to meet the statutory deadline is warranted by a natural disaster.
Amends the federal judicial code to authorize an alternative venue if the debtor is not able to reside in the requisite district due to the natural disaster. | {"src": "billsum_train", "title": "A bill to provide bankruptcy relief for victims of natural disasters, and for other purposes."} | 2,140 | 465 | 0.6163 | 1.837095 | 0.839833 | 4.041885 | 5 | 0.858639 |
SECTION 1. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN TREASURY
ACCOUNT.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``treatment of certain contributions and donations to be returned to
donors
``Sec. 323. (a) Transfer to Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, if a political committee intends to return any
contribution or donation given to the political committee, the
committee shall transfer the contribution or donation to the
Commission if--
``(A) the contribution or donation is in an amount
equal to or greater than $500 (other than a
contribution or donation returned within 60 days of
receipt by the committee); or
``(B) the contribution or donation was made in
violation of section 315, 316, 317, 319, or 320 (other
than a contribution or donation returned within 30 days
of receipt by the committee).
``(2) Information included with transferred contribution or
donation.--A political committee shall include with any
contribution or donation transferred under paragraph (1)--
``(A) a request that the Commission return the
contribution or donation to the person making the
contribution or donation; and
``(B) information regarding the circumstances
surrounding the making of the contribution or donation
and any opinion of the political committee concerning
whether the contribution or donation may have been made
in violation of this Act.
``(3) Establishment of escrow account.--
``(A) In general.--The Commission shall establish a
single interest-bearing escrow account for deposit of
amounts transferred under paragraph (1).
``(B) Disposition of amounts received.--On
receiving an amount from a political committee under
paragraph (1), the Commission shall--
``(i) deposit the amount in the escrow
account established under subparagraph (A); and
``(ii) notify the Attorney General and the
Commissioner of the Internal Revenue Service of
the receipt of the amount from the political
committee.
``(C) Use of interest.--Interest earned on amounts
in the escrow account established under subparagraph
(A) shall be applied or used for the same purposes as
the donation or contribution on which it is earned.
``(4) Treatment of returned contribution or donation as a
complaint.--The transfer of any contribution or donation to the
Commission under this section shall be treated as the filing of
a complaint under section 309(a).
``(b) Use of Amounts Placed in Escrow To Cover Fines and
Penalties.--The Commission or the Attorney General may require any
amount deposited in the escrow account under subsection (a)(3) to be
applied toward the payment of any fine or penalty imposed under this
Act or title 18, United States Code, against the person making the
contribution or donation.
``(c) Return of Contribution or Donation After Deposit in Escrow.--
``(1) In general.--The Commission shall return a
contribution or donation deposited in the escrow account under
subsection (a)(3) to the person making the contribution or
donation if--
``(A) within 180 days after the date the
contribution or donation is transferred, the Commission
has not made a determination under section 309(a)(2)
that the Commission has reason to believe whether that
the making of the contribution or donation was made in
violation of this Act; or
``(B)(i) the contribution or donation will not be
used to cover fines, penalties, or costs pursuant to
subsection (b); or
``(ii) if the contribution or donation will be used
for those purposes, that the amounts required for those
purposes have been withdrawn from the escrow account
and subtracted from the returnable contribution or
donation.
``(2) No effect on status of investigation.--The return of
a contribution or donation by the Commission under this
subsection shall not be construed as having an effect on the
status of an investigation by the Commission or the Attorney
General of the contribution or donation or the circumstances
surrounding the contribution or donation, or on the ability of
the Commission or the Attorney General to take future actions
with respect to the contribution or donation.''.
(b) Amounts Used to Determine Amount of Penalty for Violation.--
Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting
after paragraph (9) the following new paragraph:
``(10) For purposes of determining the amount of a civil penalty
imposed under this subsection for violations of section 323, the amount
of the donation involved shall be treated as the amount of the
contribution involved.''.
(c) Donation Defined.--Section 301 of such Act (2 U.S.C. 431) is
amended by adding at the end the following:
``(20) Donation.--The term `donation' means a gift, subscription,
loan, advance, or deposit of money or anything else of value made by
any person to a national committee of a political party or a Senatorial
or Congressional Campaign Committee of a national political party for
any purpose, but does not include a contribution (as defined in
paragraph (8)).''.
(d) Disgorgement Authority.--Section 309 of such Act (2 U.S.C.
437g) is amended by adding at the end the following new subsection:
``(e) Any conciliation agreement, civil action, or criminal action
entered into or instituted under this section may require a person to
forfeit to the Treasury any contribution, donation, or expenditure that
is the subject of the agreement or action for transfer to the
Commission for deposit in accordance with section 323.''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply to contributions or donations refunded on or after
the date of the enactment of this Act, without regard to whether the
Federal Election Commission or Attorney General has issued regulations
to carry out section 323 of the Federal Election Campaign Act of 1971
(as added by subsection (a)) by such date. | Amends the Federal Election Campaign Act of 1971 to establish guidelines for the transfer to the Federal Election Commission (FEC) and deposit into a special account of any contribution or donation given to a political committee that the committee intends to return, as well as for the return of such contribution or donation after it is deposited to the person who made it. Requires: (1) the political committee to include certain information along with the transferred contribution or donation, such as a request that the FEC return the contribution or donation to the person making it; and (2) the FEC to notify the Attorney General and the Commissioner of the Internal Revenue Service of the receipt of such contribution or donation. Allows amounts in the special account to be applied toward the payment of any applicable fines or penalties. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to require the deposit of certain contributions and donations to be returned to donors in a special account, and for other purposes."} | 1,378 | 164 | 0.598827 | 1.707169 | 0.724037 | 3.019481 | 8.188312 | 0.902597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird Habitat
Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Neotropical migratory bird populations in nations
within the range of neotropical migratory birds have continued
to decline to the point that the long-term survival of various
species in the wild is in jeopardy.
(2) 90 North American bird species are listed as endangered
species or threatened species under section 4 of the Endangered
Species Act of 1973, and 124 species of migratory birds are
currently on the United States Fish an Wildlife Service's List
of Migratory Nongame Birds of Management Concern.
(3) The United States, through 4 bilateral treaties, has
responsibility of maintaining healthy populations of 778
species of migratory nongame birds and 58 species of migratory
game birds that migrate between the Caribbean, Latin America,
and North America.
(4) The Government of Mexico presently lists approximately
390 birds species as endangered, threatened, vulnerable, or
rare.
(5) Healthy bird populations provide important economic
benefits, such as control of detrimental insects on
agricultural crops, thus preventing the loss of millions of
dollars each year to farming and timber interests.
(6) Neotropical migratory birds travel across many
international borders, therefore the conservation of these
species requires that safeguards be established at both the
beginning and end of the migration routes, as well as at
essential stopover areas along the way.
(7) Because the challenges facing the conservation of
neotropical migratory birds are so great, resources to date
have not been sufficient to cope with continued loss of habitat
and the consequent reduction of neotropical migratory bird
populations.
(8) To reduce, remove, or otherwise effectively address
these treaties through the long-term viability of populations
of neotropical migratory birds in the wild will require the
joint commitment and efforts of nations within the range of
neotropical migratory birds and the private sector.
(9) A Neotropical Migratory Bird Conservation fund would
much-needed support for projects aimed at protecting critical
habitat for declining migratory bird species,in an innovative
way that promotes conservation partnerships and cost sharing
through joint Federal and non-Federal support mechanisms.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of neotropical
migratory birds.
(2) To assist in the conservation and protection of
neotropical migratory birds by supporting the conservation
programs of neotropical migratory bird range states and the
CITES Secretariat.
(3) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, signed on March 3, 1973, and its appendices.
(2) The term ``Commission'' means the Migratory Bird
Conservation Commission established by the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.).
(3) The term ``conservation'' means the use of methods and
procedures necessary to bring neotropical migratory birds to
the point at which there are sufficient populations in the wild
to ensure that the various species of such birds do not become
extinct, including all activities associated with scientific
resource management, such as conservation, protection,
restoration, acquisition, and management of habitat; research
and monitoring of known populations; CITES enforcement; law
enforcement through community participation; conflict
resolution initiatives; and community outreach and education.
(4) The term ``Fund'' means the Neotropical Migratory Bird
Conservation Fund established under section 6(a).
(5) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 5. NEOTROPICAL MIGRATORY BIRD CONSERVATION ASSISTANCE.
(a) Assistance Authorized.--
(1) In general.--The Secretary, subject to the availability
of funds and in consultation with the Commission, shall use
amounts in the Fund to provide financial assistance for
projects for the conservation of neotropical migratory birds
for which final project proposals are approved by the Secretary
in accordance with this section.
(2) Priority.--The Secretary shall provide that assistance
in accordance with the following priority:
(A) First, for projects proposed by relevant
wildlife management authorities referred to in
subsection (b).
(B) Second, for projects proposed by the CITES
Secretariat.
(C) Third, for projects proposed by any other
person.
(b) Project Proposal.--Any relevant wildlife management authority
of a nation within the range of neotropical migratory birds whose
activities directly or indirectly affect neotropical migratory bird
populations, the CITES Secretariat, or any person with demonstrated
expertise in the conservation of neotropical migratory birds, may
submit to the Secretary a project proposal under this section. Each
proposal shall include the following:
(1) The name of the individual responsible for conducting
the project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is required for
the success of the project.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) Any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for
funding under this Act.
(c) Project Review and Approval.--
(1) In general.--Within 30 days after receiving a final
project proposal, the Secretary shall provide a copy of the
proposal to the Commission. The Secretary shall review each
final project proposal to determine if it meets the criteria
set forth in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
6 months after receiving a final project proposal, and subject
to the availability of funds, the Secretary, after consulting
with the Commission, shall--
(A) request written comments on the proposal from
each country within which the project is to be
conducted;
(B) after requesting those comments, approve or
disapprove the proposal; and
(C) provide written notification of that approval
or disapproval to the person who submitted the
proposal, the Commission, and each of those countries.
(d) Criteria for Approval.--The Secretary may approve a final
project proposal under this section if the project will enhance
programs for conservation of neotropical migratory birds by assisting
efforts to--
(1) implement conservation programs;
(2) develop sound scientific information on the condition
of neotropical migratory bird habitat, neotropical migratory
bird population numbers and trends, or the threats to such
habitat, numbers, or trends; or
(3) promote cooperative projects on those topics with other
foreign governments, affected local communities,
nongovernmental organizations, or others in the private sector.
(e) Project Sustainability.--To the maximum extent practical, in
determining whether to approve project proposals under this section,
the Secretary shall give consideration to projects which will enhance
sustainable integrated conservation development programs to
ensure effective, long-term conservation of neotropical migratory
birds.
(f) Project Reporting.--Each person who receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Commission.
Each report shall include all information required by the Secretary,
after consulting with the Commission, for evaluating the progress and
success of the project.
(g) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give priority to
those projects for which there exists some measure of matching funds.
SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Neotropical Migratory
Bird Conservation Fund'', which shall consist of amounts deposited into
the Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation to
provide assistance under section 5.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 3 percent
to administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 1999, 2000, 2001, and 2002 to carry out this Act,
which may remain available until expended. | Neotropical Migratory Bird Habitat Enhancement Act - Directs the Secretary of the Interior to use funds from the Neotropical Migratory Bird Conservation Fund established under this Act to provide financial assistance for projects for the conservation of neotropical migratory birds for which final project proposals are approved by the Secretary.
Requires the Secretary to give priority for such assistance to projects proposed by: (1) first, relevant wildlife management authorities of nations within the range of such birds whose activities directly or indirectly affect such bird populations; (2) second, the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (3) third, any other person.
Specifies information to be included in project proposals. Provides for: (1) project review and approval or disapproval by the Secretary after consultation with the Migratory Bird Conservation Commission; and (2) approval criteria, including that a project enhance programs for the conservation of such birds. Requires periodic reports from each person receiving assistance under this Act.
Authorizes appropriations to the Fund for FY 1999 through 2002. | {"src": "billsum_train", "title": "Neotropical Migratory Bird Habitat Enhancement Act"} | 2,088 | 239 | 0.602087 | 1.576243 | 0.766725 | 3.228155 | 9.15534 | 0.956311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canadian River Project Prepayment
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Authority'' means the Canadian River Municipal
Water Authority, a conservation and reclamation district of the
State of Texas.
(2) The term ``Canadian River Project Authorization Act'' means
the Act entitled ``An Act to authorize the construction, operation,
and maintenance by the Secretary of the Interior of the Canadian
River reclamation project, Texas'', approved December 29, 1950 (ch.
1183; 64 Stat. 1124).
(3) The term ``Project'' means all of the right, title and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the Interior.
SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority accepting
the obligation of the Federal Government for the Project and subject to
the payment by the Authority of the applicable amount under paragraph
(2) within the 360-day period beginning on the date of the enactment of
this Act, the Secretary shall convey the Project to the Authority, as
provided in section 2(c)(3) of the Canadian River Project Authorization
Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount shall be--
(A) $34,806,731, if payment is made by the Authority within the
270-day period beginning on the date of the enactment of this Act;
or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the enactment of
this Act at the appropriate Treasury bill rate for an equivalent
term, if payment is made by the Authority after the period referred
to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the Authority
within the period specified in paragraph (1), this Act shall have no
force or effect.
(b) Financing.--Nothing in this Act shall be construed to affect
the right of the Authority to use a particular type of financing.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the Authority alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such alteration at that time.
(c) Recreation.--The Secretary of the Interior, acting through the
National Park Service, shall continue to operate the Lake Meredith
National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting through the
Corps of Engineers, shall continue to prescribe regulations for the use
of storage allocated to flood control at Lake Meredith as prescribed in
the Letter of Understanding entered into between the Corps, the Bureau
of Reclamation, and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have the right to
occupy and use without payment of lease or rental charges or license or
use fees the property retained by the Bureau of Reclamation at Sanford
Dam and all buildings constructed by the United States thereon for use
as the Authority's headquarters and maintenance facility. Buildings
constructed by the Authority on such property, or past and future
additions to Government constructed buildings, shall be allowed to
remain on the property. The Authority shall operate and maintain such
property and facilities without cost to the United States.
SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of consideration
by the Authority in accordance with section 3(b) shall extinguish all
payment obligations under contract numbered 14-06-500-485 between the
Authority and the Secretary.
(b) Operation and Maintenance Costs.--After completion of the
conveyance provided for in section 3, the Authority shall have full
responsibility for the cost of operation and maintenance of Sanford
Dam, and shall continue to have full responsibility for operation and
maintenance of the Project pipeline and related facilities.
(c) In General.--Rights and obligations under the existing contract
No. 14-06-500-485 between the Authority and the United States, other
than provisions regarding repayment of construction charge obligation
by the Authority and provisions relating to the Project aqueduct, shall
remain in full force and effect for the remaining term of the contract.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
Upon conveyance of the Project under this Act, the Reclamation Act
of 1902 (82 Stat. 388) and all Acts amendatory thereof or supplemental
thereto shall not apply to the Project.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this Act, the United States shall not
be liable under any law for damages of any kind arising out of any act,
omission, or occurrence relating to the conveyed property.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Canadian River Project Prepayment Act - Directs the Secretary of the Interior, in consideration of the Canadian River Municipal Water Authority accepting the obligation of the Federal Government for the Canadian River Project, Texas (a water reclamation project), and subject to a specified payment by the Authority, to convey the Project to the Authority as provided under the Canadian River Project Authorization Act.
Directs the Secretary, acting through the National Park Service, to continue to operate the Lake Meredith National Recreation Area. Directs the Secretary of the Army, acting through the Corps of Engineers, to continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in a certain Letter of Understanding.
Grants the Authority the right to occupy and use without payment of lease or rental charges or license or user fees the property retained by the Bureau of Reclamation at Sanford Dam for use as a headquarters and maintenance facility.
Provides party rights and obligations under current contract obligations and in relationship to other laws. | {"src": "billsum_train", "title": "Canadian River Project Prepayment Act"} | 1,184 | 210 | 0.540362 | 1.551658 | 0.796965 | 5.1875 | 5.645833 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The power to dispose of and make all needful rules and
regulations governing lands belonging to the United States is
vested in the Congress under article IV, section 3, of the
Constitution.
(2) Some Federal land designations made pursuant to
international agreements concern land use policies and
regulations for lands belonging to the United States which
under article IV, section 3, of the Constitution can only be
implemented through laws enacted by the Congress.
(3) Some international land designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, which have no legislative
directives or authorization from the Congress.
(4) Actions by the United States in making such
designations may affect the use and value of nearby or
intermixed non-Federal lands.
(5) The sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power.
(6) Private property rights are essential for the
protection of freedom.
(7) Actions by the United States to designate lands
belonging to the United States pursuant to international
agreements in some cases conflict with congressional
constitutional responsibilities and State sovereign
capabilities.
(8) Actions by the President in applying certain
international agreements to lands owned by the United States
diminishes the authority of the Congress to make rules and
regulations respecting these lands.
(b) Purpose.--The purposes of this Act are the following:
(1) To reaffirm the power of the Congress under article IV,
section 3, of the Constitution over international agreements
which concern disposal, management, and use of lands belonging
to the United States.
(2) To protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating lands pursuant to international agreements.
(3) To ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal actions designating lands pursuant to international
agreements for purposes of imposing restrictions on use of
those lands.
(4) To protect private interests in real property from
diminishment as a result of Federal actions designating lands
pursuant to international agreements.
(5) To provide a process under which the
United States may, when desirable, designate lands pursuant to
international agreements.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (Public Law 96-515; 94 Stat. 2987) is amended--
(1) in subsection (a) in the first sentence, by--
(A) striking ``The Secretary'' and inserting
``Subject to subsections (b), (c), (d), and (e), the
Secretary''; and
(B) inserting ``(in this section referred to as the
`Convention')'' after ``1973''; and
(2) by adding at the end the following new subsections:
``(d)(1) The Secretary of the Interior may not nominate any lands
owned by the United States for inclusion on the World Heritage List
pursuant to the Convention, unless--
``(A) the Secretary finds with reasonable basis that
commercially viable uses of the nominated lands, and
commercially viable uses of other lands located within 10 miles
of the nominated lands, in existence on the date of the
nomination will not be adversely affected by inclusion of the
lands on the World Heritage List, and publishes that finding;
``(B) the Secretary has submitted to the Congress a report
describing--
``(i) natural resources associated with the lands
referred to in subparagraph (A); and
``(ii) the impacts that inclusion of the nominated
lands on the World Heritage List would have on existing
and future uses of the nominated lands or other lands
located within 10 miles of the nominated lands; and
``(C) the nomination is specifically authorized by a law
enacted after the date of enactment of the American Land
Sovereignty Protection Act and after the date of publication of
a finding under subparagraph (A) for the nomination.
``(2) The President may submit to the Speaker of the House of
Representatives and the President of the Senate a proposal for
legislation authorizing such a nomination after publication of a
finding under paragraph (1)(A) for the nomination.
``(e) The Secretary of the Interior shall object to the inclusion
of any property in the United States on the list of World Heritage in
Danger established under Article 11.4 of the Convention, unless--
``(1) the Secretary has submitted to the Speaker of the
House of Representatives and the President of the Senate a
report describing--
``(A) the necessity for including that property on
the list;
``(B) the natural resources associated with the
property; and
``(C) the impacts that inclusion of the property on
the list would have on existing and future uses of the
property and other property located within 10 miles of
the property proposed for inclusion; and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list, by a joint
resolution of the Congress after the date of submittal of the
report required by paragraph (1).
``(f) The Secretary of the Interior shall submit an annual report
on each World Heritage Site within the United States to the Chairman
and Ranking Minority member of the Committee on Resources of the House
of Representatives and of the Committee on Energy and Natural Resources
of the Senate, that contains for the year covered by the report the
following information for the site:
``(1) An accounting of all money expended to manage the
site.
``(2) A summary of Federal full time equivalent hours
related to management of the site.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the site.
``(4) A summary and account of the disposition of
complaints received by the Secretary related to management of
the site.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
``(b) Any designation on or before the date of enactment of the
American Land Sovereignty Protection Act of an area in the United
States as a Biosphere Reserve under the Man and Biosphere Program of
the United Nations Educational, Scientific, and Cultural Organization
shall not have, and shall not be given, any force or effect, unless the
Biosphere Reserve--
``(1) is specifically authorized by a law enacted after
that date of enactment and before December 31, 2003;
``(2) consists solely of lands that on that date of
enactment are owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of intermixed or adjacent non-Federal
property is not limited or restricted as a result of that
designation.
``(c) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains for the year covered by the report the
following information for the reserve:
``(1) An accounting of all money expended to manage the
reserve.
``(2) A summary of Federal full time equivalent hours
related to management of the reserve.
``(3) A list and explanation of all nongovernmental
organizations that contributed to the management of the
reserve.
``(4) A summary and account of the disposition of the
complaints received by the Secretary related to management of
the reserve.''.
SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end
the following new section:
``Sec. 404. (a) No Federal official may nominate, classify, or
designate any lands owned by the United States and located within the
United States for a special or restricted use under any international
agreement unless such nomination, classification, or designation is
specifically authorized by law. The President may from time to time
submit to the Speaker of the House of Representatives and the President
of the Senate proposals for legislation authorizing such a nomination,
classification, or designation.
``(b) A nomination, classification, or designation, under any
international agreement, of lands owned by a State or local government
shall have no force or effect unless the nomination, classification, or
designation is specifically authorized by a law enacted by the State or
local government, respectively.
``(c) A nomination, classification, or designation, under any
international agreement, of privately owned lands shall have no force
or effect without the written consent of the owner of the lands.
``(d) This section shall not apply to--
``(1) agreements established under section 16(a) of the
North American Wetlands Conservation Act (16 U.S.C. 4413); and
``(2) conventions referred to in section 3(h)(3) of the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
``(e) In this section, the term `international agreement' means any
treaty, compact, executive agreement, convention, bilateral agreement,
or multilateral agreement between the United States or any agency of
the United States and any foreign entity or agency of any foreign
entity, having a primary purpose of conserving, preserving, or
protecting the terrestrial or marine environment, flora, or fauna.''.
SEC. 6. CLERICAL AMENDMENT.
Section 401(b) of the National Historic Preservation Act Amendments
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on
Natural Resources'' and inserting ``Committee on Resources''. | American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List unless: (1) commercially viable uses of nominated lands and lands within ten miles will not be adversely affected; (2) the Secretary has reported to Congress on the lands' natural resources and the impact of inclusion on existing and future uses of such lands; and (3) such nomination is specifically authorized by law.Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has reported to Congress on the necessity for such inclusion, the associated natural resources, and the impact of inclusion on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of Congress.Prohibits any Federal official from nominating any lands in the United States for designation as a Biosphere Reserve. Nullifies any such designation before enactment of this Act unless the Biosphere Reserve: (1) is specifically authorized by a law enacted after enactment of this Act and before December 31, 2003; (2) consists solely of federally owned lands; and (3) is subject to a management plan that ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation.Prohibits any Federal official from nominating, classifying, or designating any Federal land for a special or restricted use under any international conservation agreement unless specifically authorized by law. Provides that any such nomination, classification, or designation of private or State or local lands shall have no force or effect without the owner's consent or specific authorization by State or local law, respectively. | {"src": "billsum_train", "title": "To preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands."} | 2,347 | 405 | 0.574036 | 1.750586 | 0.668438 | 4.713873 | 6.427746 | 0.945087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sri Lanka Tsunami Temporary Economic
Relief Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On December 26, 2004, a devastating earthquake occurred
in the Indian Ocean, causing a tsunami that wrecked havoc on
the island nation of Sri Lanka.
(2) More than 70 percent of the coastline in Sri Lanka was
affected by the tidal wave, displacing more than 800,000
people, injuring more that 14,000, and killing more than 40,000
out of a population of just over 19,000,000 living in a land
mass equivalent to the size of West Virginia.
(3) Nearly 5,000 families have been displaced, with more
than 90,000 homes destroyed and more than 20,000 homes
partially damaged.
(4) Sri Lanka lost 22 hospitals, 77 field medical centers,
68 medical clinics, and 137 schools.
(5) The tourist industry, which had only begun to rebound
after more than 20 years of civil war, suffered a loss of more
than 4,000 hotel rooms that are no longer useable.
(6) The main roads and railway system which circumvented
the country along the flat coastline was devastated, cutting
off access to the areas of destruction.
(7) In addition to the immediate loss of lives and
facilities, Sri Lanka is facing a crisis of restoring
industries.
(8) The fishing industry of Sri Lanka was devastated, as 80
percent of Sri Lanka's fishing boats were destroyed, causing a
major loss of a nationwide source of nutrition, as well as
employment for an estimated 170,000 fishermen.
(9) Ten of the nation's 12 fishing harbors were destroyed,
as well as most of the 50 plants used for building small boats.
(10) The industry's nets and land storage and
transportation facilities were destroyed, as well as the ice
making facilities for the storage facilities.
(11) The coastal estuary sites, where shrimp and small fish
were farmed, and as farm lands located inland from the shore,
have been silted up and destroyed.
(12) More than 40 percent of the population depended on the
fishing industry for its livelihood, and 11 percent of the
population depended on agriculture.
(13) Former Presidents George Bush and Bill Clinton
estimate that it will require billions of dollars to rebuild
the affected countries, and at least three to five years to do
so.
(14) Sri Lanka's most dynamic sectors had been food
processing, textiles and apparel, food and beverages,
telecommunications, and insurance and banking. Agriculture
accounted for 20.1 percent of gross domestic product (GDP) in
2003, while industry, primarily garments and leather goods,
food processing, chemicals, refined petroleum, wood products,
basic metal products, and paper products, accounted for 26.3
percent of GDP.
(15) The inland and leeward plants that were not affected
by the tsunami need unrestricted market access to increase
production, to offer employment to those who lost jobs and or
have moved inland, and to maintain positive economic growth,
stability, and democracy in the country.
(16) The tsunami has forced the government and the rebel
forces in Sri Lanka to work together on certain programs,
which, through external support, can re-energize peace talks.
(17) Before the tsunami occurred, Sri Lanka had implemented
an economic reform program to open its economy to international
competition that will lead to increased growth and
international trade and further foreign investment.
(18) The United States, through opening trade, has an
opportunity to support Sri Lanka in its relief efforts,
economic reform, peace process, and rebuilding process.
SEC. 3. TRADE ENHANCEMENT.
(a) Eligibility Requirements.--Sri Lanka shall be eligible for
duty-free treatment under subsection (c)--
(1) if the President determines and certifies to Congress
that Sri Lanka--
(A) has established, or is making continual
progress toward establishing--
(i) a market-based economy that protects
private property rights, incorporates an open
rules-based trading system, and minimizes
government interference in the economy through
measures such as price controls, subsidies, and
government ownership of economic assets;
(ii) the rule of law, political pluralism,
and the right to due process, a fair trial, and
equal protection under the law;
(iii) the elimination of barriers to United
States trade and investment, including by--
(I) the provision of national
treatment and measures to create an
environment conducive to domestic and
foreign investment;
(II) the protection of intellectual
property; and
(III) the resolution of bilateral
trade and investment disputes;
(iv) economic policies to reduce poverty,
increase the availability of health care and
educational opportunities, expand physical
infrastructure, promote the development of
private enterprise, and encourage the formation
of capital markets through micro-credit or
other programs;
(v) a system to combat corruption and
bribery, such as signing and implementing the
Convention on Combating Bribery of Foreign
Public Officials in International Business
Transactions; and
(vi) protection of internationally
recognized worker rights, including the right
of association, the right to organize and
bargain collectively, a prohibition on the use
of any form of forced or compulsory labor, a
minimum age for the employment of children, and
acceptable conditions of work with respect to
minimum wages, hours of work, and occupational
safety and health;
(B) does not engage in activities that undermine
United States national security or foreign policy
interests; and
(C) does not engage in gross violations of
internationally recognized human rights or provide
support for acts of international terrorism and
cooperates in international efforts to eliminate human
rights violations and terrorist activities; and
(2) subject to the authority granted to the President under
subsections (a), (d), and (e) of section 502 of the Trade Act
of 1974 (19 U.S.C. 2462(a), (d), and (e)), if Sri Lanka
otherwise meets the eligibility criteria set forth in section
502 of the Trade Act of 1974.
(b) Continuing Compliance.--If the President determines that Sri
Lanka is not making continual progress in meeting the requirements
described in subsection (a)(1), the President shall terminate the
eligibility of Sri Lanka for the preferential treatment under
subsection (c).
(c) Preferential Treatment.--
(1) In general.--Subject to subsections (a) and (b), duty-
free treatment shall apply to any article that is the growth,
product, or manufacture of Sri Lanka and that meets the
requirements of paragraph (2).
(2) Requirements.--
(A) In general.--The duty-free treatment provided
under paragraph (1) shall apply to any article
described in that paragraph if--
(i) that article is imported directly from
Sri Lanka into the customs territory of the
United States; and
(ii) the direct costs of processing
operations performed on the article in Sri
Lanka is not less than 35 percent of the
appraised value of the article at the time it
enters the customs territory of the United
States.
(B) Textile and apparel articles.--The duty-free
treatment provided under paragraph (1) applies to a
textile and apparel article only if that article meets
the requirements set forth in section 102.21 of title
19, Code of Federal Regulations, as in effect on
November 1, 2005.
(C) Determination of 35 percent requirement.--For
purposes of determining the percentage referred to in
subparagraph (A)(ii), if the cost or value of material
produced in the customs territory of the United States
(other than the Commonwealth of Puerto Rico) is
included with respect to an article that is the growth,
product, or manufacture of Sri Lanka, an amount not to
exceed 15 percent of the appraised value of the article
at the time it enters the customs territory of the
United States that is attributable to such United
States cost or value may be applied toward determining
the percentage referred to in subparagraph (A)(ii).
(3) Surge mechanism.--
(A) Import monitoring.--The Secretary of Commerce
shall monitor imports of textile and apparel articles
from Sri Lanka on a monthly basis to determine if there
has been a surge in imports of such articles. In order
to permit public access to preliminary international
trade data and to facilitate the early identification
of potentially disruptive import surges, the Director
of the Office of Management and Budget may grant an
exception to the publication dates established for the
release of data on United States international trade in
covered articles, if the Director notifies the Congress
of the early release of the data.
(B) Determination of damage or threat thereof.--
Whenever the Secretary of Commerce determines, based on
the data described in subparagraph (A), or pursuant to
a written request made by an interested party, that
there has been a surge in imports of a textile or
apparel article from Sri Lanka, the Secretary shall
determine whether such article from such country is
being imported in such increased quantities as to cause
serious damage, or threat thereof, to the domestic
industry producing a like or directly competitive
article. If the Secretary's determination is
affirmative, the President shall suspend the duty-free
treatment provided for such article under paragraph
(1). If the inquiry is initiated at the request of an
interested party, the Secretary shall make the
determination within 60 days after the date of the
request.
(C) Factors to consider.--In determining whether a
domestic industry has been seriously damaged, or is
threatened with serious damage, the Secretary shall
examine the effect of the imports on relevant economic
indicators such as domestic production, sales, market
share, capacity utilization, inventories, employment,
profits, exports, prices, and investment.
(D) Procedure.--
(i) Initiation.--The Secretary of Commerce
shall initiate an inquiry within 10 days after
receiving a written request and supporting
information for an inquiry from an interested
party. Notice of initiation of an inquiry shall
be published in the Federal Register.
(ii) Participation by interested parties.--
The Secretary of Commerce shall establish
procedures to ensure participation in the
inquiry by interested parties.
(iii) Notice of determination.--The
Secretary of Commerce shall publish the
determination described in subparagraph (B) in
the Federal Register.
(iv) Information available.--If relevant
information is not available on the record or
any party withholds information that has been
requested by the Secretary of Commerce, the
Secretary shall make the determination on the
basis of the facts available. When the
Secretary relies on information submitted in
the inquiry as facts available, the Secretary
shall, to the extent practicable, corroborate
the information from independent sources that
are reasonably available to the Secretary.
(v) Interested party.--For purposes of this
paragraph, the term ``interested party'' means
any producer of a like or directly competitive
article, a certified union or recognized union
or group of workers which is representative of
an industry engaged in the manufacture,
production, or sale in the United States of a
like or directly competitive article, a trade
or business association representing producers
or sellers of like or directly competitive
articles, producers engaged in the production
of essential inputs for like or directly
competitive articles, a certified union or
group of workers which is representative of an
industry engaged in the manufacture,
production, or sale of essential inputs for the
like or directly competitive article, or a
trade or business association representing
companies engaged in the manufacture,
production, or sale of such essential inputs.
SEC. 4. EFFECTIVE PERIOD OF DUTY-FREE TREATMENT.
The duty-free treatment under section 3 shall apply to any article
that is entered, or withdrawn from warehouse for consumption, into the
customs territory of the United States during the period beginning on
the 15th day after the date of the enactment of this Act and ending on
the earlier of--
(1) 5 years after that date; or
(2) the date on which a free trade agreement between the
United States and Sri Lanka enters into force with respect to
the United States under the Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3801 et seq.). | Sri Lanka Tsunami Temporary Economic Relief Act of 2006 - Declares Sri Lanka eligible for duty-free treatment for any article that is the growth, product, or manufacture of such country meeting specified requirements if the President certifies to Congress that Sri Lanka: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) Sri Lanka otherwise meets the eligibility requirements set forth in the Trade Act of 1974.
Applies such provisions until the earlier of five years or the date on which a free trade agreement between the United States and Sri Lanka enters into force with respect to the United States under the Bipartisan Trade Promotion Authority Act of 2002. | {"src": "billsum_train", "title": "To provide temporary duty suspension on products from Sri Lanka."} | 2,608 | 179 | 0.373656 | 1.18386 | 0.620377 | 4.596386 | 15.361446 | 0.945783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prevention Benefit Act of
1993''.
SEC. 2. ANNUAL SCREENING MAMMOGRAPHY.
(a) Annual Screening Mammography for Women Over Age 64.--Section
1834(c)(2)(A) of the Social Security Act (42 U.S.C. 1395m(b)(2)(A)) is
amended--
(1) in clause (iv), by striking ``but under 65 years of
age,''; and
(2) by striking clause (v).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to screening mammography performed on or after January 1, 1994.
SEC. 3. COVERAGE OF COLORECTAL SCREENING.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests and Screening Flexible Sigmoidoscopies.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
``(i) in 1994 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the test is performed within 11
months after a previous screening fecal-occult
blood test.
``(2) Screening flexible sigmoidoscopies.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the procedure is performed within
59 months after a previous screening flexible
sigmoidoscopy.
``(3) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1996, reduce the amount of
such limit as it applies nationally or in any area to
the amount that the Secretary estimates is required to
assure that such tests of an appropriate quality are
readily and conveniently available during the year.
``(B) Revision of frequency.--
``(i) Review.--The Secretary, in
consultation with the Director of the National
Cancer Institute, shall review periodically the
appropriate frequency for performing screening
fecal-occult blood tests and screening flexible
sigmoidoscopies based on age and such other
factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1997.''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ``The Secretary'' and inserting ``Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and
inserting ``a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting ``, and'', and
(iii) by adding at the end the following new
subparagraph:
``(G) in the case of screening fecal-occult blood
tests and screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer,
which are performed more frequently than is covered
under section 1834(d);''; and
(B) in paragraph (7), by striking ``paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ``subparagraphs (B),
(F), or (G) of paragraph (1)''.
(c) Effective Date.--The amendments made by this section shall
apply to screening fecal-occult blood tests and screening flexible
sigmoidoscopies performed on or after January 1, 1994.
SEC. 4. COVERAGE OF CERTAIN IMMUNIZATIONS.
(a) In General.--Section 1861(s)(10) of the Social Security Act (42
U.S.C. 1395x(s)(10)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, subject to section 4071(b) of
the Omnibus Budget Reconciliation Act of 1987,'', and
(B) by striking ``; and'' and inserting a comma;
(2) in subparagraph (B), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(C) tetanus-diphtheria booster and its
administration;''.
(b) Limitation on Frequency.--Section 1862(a)(1) of such Act (42
U.S.C. 1395y(a)(1)), as amended by section 3(b)(4)(A), is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(H) in the case of an influenza vaccine, which is
administered within the 11 months after a previous
influenza vaccine, and, in the case of a tetanus-
diphtheria booster, which is administered within the
119 months after a previous tetanus-diphtheria
booster;''.
(c) Conforming Amendment.--Section 1862(a)(7) of such Act (42
U.S.C. 1395y(a)(7)), as amended by section 3(b)(4)(B), is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(d) Effective Date.--The amendments made by this section shall
apply to influenza vaccines and tetanus-diphtheria boosters
administered on or after January 1, 1994.
SEC. 5. COVERAGE OF WELL-CHILD CARE.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (O);
(2) by striking the semicolon at the end of subparagraph
(P) and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(Q) well-child services (as defined in subsection
(ll)(1)) provided to an individual entitled to benefits under
this title who is under 7 years of age;''.
(b) Services Defined.--Section 1861 of such Act (42 U.S.C. 1395x)
is amended--
(1) by redesignating the subsection (jj) as subsection
(kk); and
(2) by inserting after subsection (kk) (as so redesignated)
the following new subsection:
``Well-Child Services
``(ll)(1) The term `well-child services' means well-child care,
including routine office visits, routine immunizations (including the
vaccine itself), routine laboratory tests, and preventive dental care,
provided in accordance with the periodicity schedule established with
respect to the services under paragraph (2).
``(2) The Secretary, in consultation with the American Academy of
Pediatrics, the Advisory Committee on Immunization Practices, and other
entities considered appropriate by the Secretary, shall establish a
schedule of periodicity which reflects the appropriate frequency with
which the services referred to in paragraph (1) should be provided to
healthy children.''.
(c) Conforming Amendments.--(1) Section 1862(a)(1) of such Act (42
U.S.C. 1395y(a)(1)), as amended by sections 3(b)(4)(A) and 4(b), is
amended--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the semicolon at the
end and inserting ``, and''; and
(C) by adding at the end the following new subparagraph:
``(I) in the case of well-child services, which are
provided more frequently than is provided under the schedule of
periodicity established by the Secretary under section
1861(ll)(2) for such services;''.
(2) Section 1862(a)(7) of such Act (42 U.S.C. 1395y(a)(7)), as
amended by sections 3(b)(4)(B) and 4(c), is amended by striking ``or
(H)'' and inserting ``(H), or (I)''.
(d) Effective Date.--The amendments made by this section shall
apply to well-child services provided on or after January 1, 1994.
SEC. 6. DEMONSTRATION PROJECTS FOR COVERAGE OF OTHER PREVENTIVE
SERVICES.
(a) Establishment.--The Secretary of Health and Human Services
shall establish and provide for a series of ongoing demonstration
projects under which the Secretary shall provide for coverage of the
preventive services described in subsection (c) under the medicare
program in order to determine--
(1) the feasibility and desirability of expanding coverage
of medical and other health services under the medicare program
to include coverage of such services for all individuals
enrolled under part B of title XVIII of the Social Security
Act; and
(2) appropriate methods for the delivery of those services
to medicare beneficiaries.
(b) Sites for Project.--The Secretary shall provide for the conduct
of the demonstration projects established under subsection (a) at the
sites at which the Secretary conducts the demonstration program
established under section 9314 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 and at such other sites as the Secretary
considers appropriate.
(c) Services Covered Under Projects.--The Secretary shall cover the
following services under the series of demonstration projects
established under subsection (a):
(1) Glaucoma screening.
(2) Cholesterol screening and cholesterol-reducing drug
therapies.
(3) Screening and treatment for osteoporosis, including
tests for bone-marrow density and hormone replacement therapy.
(4) Screening services for pregnant women, including ultra-
sound and clamydial testing and maternal serum alfa-protein.
(5) One-time comprehensive assessment for individuals
beginning at age 65 or 75.
(6) Prostate-specific antigen (PSA) testing.
(7) Other services considered appropriate by the Secretary.
(d) Reports to Congress.--Not later than October 1, 1995, and every
2 years thereafter, the Secretary shall submit a report to the
Committee on Finance of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives describing findings made under the demonstration
projects conducted pursuant to subsection (a) during the preceding 2-
year period and the Secretary's plans for the demonstration projects
during the succeeding 2-year period.
(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Federal Supplementary Medical Insurance Trust
Fund for expenses incurred in carrying out the series of demonstration
projects established under subsection (a) the following amounts:
(1) $4,000,000 for fiscal year 1994.
(2) $4,000,000 for fiscal year 1995.
(3) $5,000,000 for fiscal year 1996.
(4) $5,000,000 for fiscal year 1997.
(5) $6,000,000 for fiscal year 1998.
SEC. 7. OTA STUDY OF PROCESS FOR REVIEW OF MEDICARE COVERAGE OF
PREVENTIVE SERVICES.
(a) Study.--The Director of the Office of Technology Assessment
(hereafter referred to as the ``Director'') shall, subject to the
approval of the Technology Assessment Board, conduct a study to develop
a process for the regular review for the consideration of coverage of
preventive services under the medicare program, and shall include in
such study a consideration of different types of evaluations, the use
of demonstration projects to obtain data and experience, and the types
of measures, outcomes, and criteria that should be used in making
coverage decisions.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Director shall submit a report to the Committee on
Finance of the Senate and the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of Representatives on the
study conducted under subsection (a). | Medicare Prevention Benefit Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of: (1) annual screening mammography for women over age 64; (2) colorectal screening; (3) certain immunizations; and (4) well-child care.
Directs the Secretary of Health and Human Services to establish demonstration projects for the coverage of other specified preventive services under Medicare. Authorizes appropriations.
Requires the Director of the Office of Technology Assessment to conduct a study to develop a process for the review of Medicare coverage of preventive services. | {"src": "billsum_train", "title": "Medicare Prevention Benefit Act of 1993"} | 3,445 | 132 | 0.499752 | 1.251191 | 0.540129 | 3.359649 | 25.640351 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Forever Act of
2005''.
SEC. 2. TAX IMPOSED ON WAGES IN EXCESS OF CONTRIBUTION AND BENEFIT
BASE.
(a) Tax on Employees.--Section 3101 of the Internal Revenue Code of
1986 (relating to rate of tax) is amended by adding at the end the
following new subsection:
``(d) Wages Received in Excess of Contribution and Benefit Base.--
In addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there is hereby imposed on the income
of every individual a tax equal to 3 percent of the excess (if any)
of--
``(1) the wages (as defined in section 3121(a)) received by
him with respect to employment (as defined in section 3121(b))
during the calendar year, over
``(2) so much of such wages as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(b) Tax on Employers.--Section 3111 of such Code (relating to rate
of tax) is amended by adding at the end the following new subsection:
``(d) Wages Paid in Excess of Contribution and Benefit Base.--In
addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there is hereby imposed on every
employer an excise tax, with respect to having individuals in his
employ, equal to 3 percent of the excess (if any) of--
``(1) the wages (as defined in section 3121(a)) paid by him
with respect to employment (as defined in section 3121(b))
during the calendar year, over
``(2) so much of such wages as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(c) Railroad Retirement.--
(1) Tax on employees.--Section 3201 of such Code (relating
to rate of tax) is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Wages Received in Excess of Contribution and Benefit Base.--
In addition to other taxes, there is hereby imposed on the income of
each employee a tax equal to 3 percent of the excess (if any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) received during any calendar year by such
employee for services rendered by such employee, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(2) Tax on employee representatives.--Section 3211 of such
Code (relating to rate of tax) is amended by redesignating
subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Wages Received in Excess of Contribution and Benefit Base.--
In addition to other taxes, there is hereby imposed on the income of
each employee representative a tax equal to 3 percent of the excess (if
any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) received during any calendar year by such
employee representative for services rendered by such employee
representative, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(3) Tax on employers.--Section 3221 of such Code (relating
to rate of tax) is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Wages Paid in Excess of Contribution and Benefit Base.--In
addition to other taxes, there is hereby imposed on every employer an
excise tax, with respect to having individuals in his employ, equal to
3 percent of the excess (if any) of--
``(1) the compensation (determined without regard to
section 3231(e)(2)) paid during any calendar year by such
employer for services rendered to such employer, over
``(2) so much of such compensation as does not exceed the
contribution and benefit base, as determined under section 230
of the Social Security Act for such calendar year.''.
(d) Tax on Self-Employment Income.--Section 1401 of such Code
(relating to rate of tax) is amended by adding at the end the following
new subsection:
``(d) Wages Received in Excess of Contribution and Benefit Base.--
In addition to the taxes imposed by subsections (a) and (b) and
notwithstanding subsection (c), there shall be imposed for each taxable
year, on the self-employment income of every individual, a tax equal to
6 percent of the excess (if any) of--
``(1) the self-employment income for such taxable year,
over
``(2) so much of such self-employment income as does not
exceed the contribution and benefit base, as determined under
section 230 of the Social Security Act, which is effective for
the calendar year in which such taxable year begins.''.
(e) Conforming Amendments.--
(1) Section 24(d)(2)(A) of such Code is amended--
(A) in clause (i) by inserting ``(other than
subsection (d) thereof)'' after ``3101'', and
(B) in clause (ii) by inserting ``(other than
subsection (d) thereof)'' after ``1401''.
(2) Section 45B(b)(1) of such Code is amended by inserting
``(other than subsection (d) thereof)'' after ``section 3111''.
(3) Section 406(b)(2)(B) of such Code is amended by
inserting ``(other than subsection (d) thereof)'' after
``3101''.
(4) Section 3121(l)(1)(A) of such Code is amended by
striking ``sections 3101 and 3111'' and inserting ``sections
3101 (other than subsection (d) thereof) and 3111 (other than
subsection (d) thereof)''.
(5) Section 6051(a)(6) of such Code is amended by inserting
``(stated separately with respect to the taxes imposed by
subsections (a), (b), and (d) thereof)''.
(6) Section 6053(b) of such Code is amended--
(A) by striking ``section 3101 or section 3201''
and inserting ``section 3101 (without regard to
subsection (d) thereof) or section 3201 (without regard
to subsection (d) thereof)'', and
(B) by inserting ``with respect to sections 3101(a)
and (b) and 3201(a) and (b)'' after ``as the case may
be'' the second place it appears.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
remuneration paid after December 31, 2005.
(2) Self-employment income.--The amendment made by
subsection (d) shall apply to taxable years beginning after
December 31, 2005.
SEC. 3. POINT OF ORDER AGAINST DIRECT SPENDING OR REVENUE LEGISLATION
THAT IS NOT FULLY OFFSET.
(a) Point of Order.--Section 401 of the Congressional Budget Act of
1974 is amended by adding at the end the following:
``(d) Pay-as-You-Go Rule.--
``(1) Point of order.--
``(A) In general.--Notwithstanding any other
provision law, it shall not be in order in the Senate
or the House of Representatives to consider any direct
spending or revenue legislation that would decrease a
unified-budget surplus or cause or increase a unified-
budget deficit, for any applicable time period.
``(B) Applicable time period.--For purposes of
subparagraph (A), the term `applicable time period'
means any of the following three periods:
``(i) The current year and the budget year.
``(ii) The current year and the five
subsequent fiscal years.
``(iii) The five fiscal years following the
period described in clause (ii).
``(C) Exclusion.--For purposes of this paragraph,
the terms `direct-spending legislation' and `revenue
legislation' do not include any provision of
legislation that affects the full funding of, and
continuation of, the deposit insurance guarantee
commitment in effect on the date of the enactment of
the Social Security Forever Act of 2005.
``(D) Calculations.--Calculations prepared pursuant
to this paragraph shall employ the baseline used for
the most recently adopted concurrent resolution on the
budget.
``(E) Use of enacted savings.--If direct spending
or revenue legislation decreases a unified-budget
surplus or causes or increases a unified-budget deficit
when taken individually, then it must also do so when
taken together with all direct spending and revenue
legislation enacted since the beginning of the calendar
year not accounted for in the baseline under
subparagraph (D).
``(2) War.--The current-year and budget-year costs of
legislation shall not be counted for purposes of paragraph (1)
whenever a declaration of war is in effect.
``(3) Recession.--Paragraph (1) shall not apply to any
legislation all of whose provisions expire within 18 months of
enactment if Congress declares by concurrent resolution or
statute, and the president independently declares by
proclamation, that the economy is suffering from the current or
lingering effects of a recession.''.
(b) Waivers and Appeals.--Section 904 of the Congressional Budget
Act of 1974 is amended by adding ``401(d),'' after ``313,'' in
subsection (c) and in subsection (d).
(c) Effective Date.--The amendments made by this section shall take
efect the day after their enactment, and any tax or entitlement
legislation enacted before the effective date of such amendments,
including the provisions of section 2, shall not count for purposes of
determining compliance with this section.
SEC. 4. SIGNATURES ON TREASURY SECURITIES.
(a) In General.--Subchapter II of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3131. Signatures on obligations issued or guaranteed under this
chapter
``Every obligation issued or guaranteed under the authority of this
chapter shall bear a facsimile of the signatures of the President of
the United States and the Secretary of the Treasury.''.
(b) Clerical Amendment.--The table of sections for chapter 31,
United States Code, is amended by adding after the item relating to
section 3130 the following new item:
``3131. Signatures on obligations issued or guaranteed under this
chapter.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after 3 months after the date of the
enactment of this Act. | Social Security Forever Act of 2005 - Amends the Internal Revenue Code to impose on employers, employees, and self-employed individuals an additional employment tax for wages in excess of the social security contribution and benefit base.
Declares that it is not in order in the Senate or the House of Representatives to consider any direct spending or revenue legislation that would decrease a unified-budget surplus or cause or increase a unified-budget deficit. Makes exceptions for legislation affecting full funding of deposit insurance guarantee commitments, and for periods of war or recession.
Requires all Treasury securities to bear a facsimile of the signatures of the President and the Secretary of the Treasury. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a tax on the amount of wages in excess of the contribution and benefit base, to extend the pay-as-you-go requirement of the Balanced Budget and Emergency Deficit Control Act of 1985, and for other purposes."} | 2,576 | 151 | 0.391052 | 1.118116 | 0.661063 | 4.452381 | 18.380952 | 0.912698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Status Resolution Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) In 1898, Puerto Rico became a United States territory
and persons born in Puerto Rico have been granted United States
citizenship by law since March 2, 1917.
(2) Puerto Rico has been granted authority over local
matters that is similar to the authority that the several
States possess, but Puerto Rico remains subject to the powers
of Congress under the Territory Clause of the Constitution of
the United States.
(3) The approximately 3,700,000 residents of Puerto Rico do
not have a democratic form of government at the national level,
because United States citizens residing in the territory are
disenfranchised in the election for the President and the Vice
President of the United States, are not represented in the
United States Senate, and their one representative in the
United States House of Representatives can only vote in
committees of the United States House of Representatives.
(4) The Federal Government may--and often does--treat
Puerto Rico and its residents unequally under Federal program,
tax, and other laws relative to the several States and the
District of Columbia and their residents.
(5) On November 6, 2012, the Government of Puerto Rico held
a two-part referendum. The first question asked voters if
Puerto Rico ``should continue to have its present form of
territorial status''. Of the 1,798,987 voters who chose an
option, 53.97 percent voted against continued territorial
status.
(6) The second question asked voters to express their
preference among the three possible alternatives to territorial
status: statehood, independence, and nationhood in free
association with the United States. Of the 1,363,854 voters who
chose an option, 61.16 percent voted for statehood.
(7) The number of votes cast in favor of statehood exceeded
the number of votes cast in favor of continued territorial
status.
(b) Purpose.--The purpose of this Act is to provide for a federally
authorized ratification vote in Puerto Rico on the admission of Puerto
Rico into the Union as a State and, if a majority of voters ratify
Puerto Rico's desire for statehood, to describe the steps that the
President and Congress shall take to enable the admission of Puerto
Rico as a State of the Union.
SEC. 3. RATIFICATION VOTE.
The State Elections Commission of Puerto Rico is authorized to
provide for a ratification vote on the admission of Puerto Rico into
the Union as a State, in accordance with rules and regulations
determined by the Commission, including qualifications for voter
eligibility, with the following on the ballot:
``As a State:
``(A) Puerto Rico would be permanently united to
the other States of the Union.
``(B) All provisions of the Constitution of the
United States that apply to the States would apply to
Puerto Rico.
``(C) Individuals born in Puerto Rico would be
United States citizens by virtue of the Constitution of
the United States, instead of by virtue of laws of the
United States.
``(D) Puerto Rico would be treated equally with the
other States in all Federal laws of general
application.
``(E) There would be a period of transition to
statehood, during which equal treatment of Puerto Rico
in program and tax laws would be phased in.
``(F) Puerto Rico would be represented in the
United States Senate by two Senators, in the United
States House of Representatives by a number of
Representatives in proportion to its share of the
national population (and the number of Members of the
House of Representatives would be increased by the same
number), and for the election of the President and the
Vice President of the United States by a number of
votes in the Electoral College equal to the number of
its Senators and Representatives.
``(G) The Government of Puerto Rico, like the
governments of the other States, would have permanent
authority over all matters not delegated to the Federal
Government or the people by the Constitution of the
United States.
Do you want Puerto Rico to be admitted as a State of the United
States? Yes__ No__''.
SEC. 4. IMPLEMENTATION.
(a) Presidential Action.--If a majority of votes cast in the
ratification vote held under section 3 are for the admission of Puerto
Rico as a State of the Union, the President, not later than 180 days
after the certification of the vote, shall submit to Congress
legislation to admit Puerto Rico as a State of the Union on an equal
footing with the several States in all respects, consistent with the
terms of this Act.
(b) Legislative Action.--If a majority of votes cast in the
ratification vote held under section 3 are for the admission of Puerto
Rico as a State of the Union, this Act constitutes a commitment by
Congress to act, through legislation, to admit Puerto Rico as a State
of the Union on an equal footing with the several States in all
respects, consistent with the terms of this Act. | Puerto Rico Status Resolution Act - Authorizes the State Elections Commission of Puerto Rico to provide for a ratification vote on the admission of Puerto Rico as a state of the United States on an equal footing with the several states in all respects. Requires (if a majority of votes cast in the ratification vote are for the admission of Puerto Rico as a state): (1) the President to submit to Congress legislation to admit Puerto Rico as a state, and (2) Congress to act, through legislation, to admit Puerto Rico as a state. | {"src": "billsum_train", "title": "Puerto Rico Status Resolution Act"} | 1,103 | 122 | 0.58671 | 1.411418 | 0.612197 | 6.47619 | 10.161905 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Ambulance Services Clarification
Act''.
SEC. 2. CLARIFICATION OF STATE AUTHORITY OVER THE MEDICAL STANDARDS OF
AIR AMBULANCE SERVICES.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``SEC. 40131. CLARIFICATION OF STATE AUTHORITY OVER AIR AMBULANCE
MEDICAL STANDARDS AND MEDICAL CARE RELATED LICENSING
REQUIREMENTS.
``(a) Rule of Construction.--With respect to an air ambulance and
the medical services provided within an air ambulance, the term `law,
regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier', as used in
section 41713, may not be construed to include any medical care related
license and certification requirements based on medical standards
effectuated pursuant to a State's authority over the licensure and
regulation of health care within its borders.
``(b) Definitions.--In this section:
``(1) Air ambulance.--The term `air ambulance' means a
fixed wing aircraft or a helicopter used for the provision of
care and patient transport.
``(2) Air ambulance medical personnel.--The term `air
ambulance medical personnel' means the doctors, nurses,
paramedics, emergency medical technicians, physician
assistants, respiratory therapists, or other medical
specialists providing air ambulance services aboard an air
ambulance.
``(3) Air ambulance operator.--The term `air ambulance
operator' means a commercial holder of a part 121 or part 135
certificate that has received, from the Federal Aviation
Administration--
``(A) an operations specification A021 (Air
Ambulance Operations--Helicopter); or
``(B) an operations specification A024 (Air
Ambulance Operations--Airplane).
``(4) Air ambulance provider.--The term `air ambulance
provider' means a program or agency licensed by the State to
provide air ambulance medical services.
``(5) Air ambulance services.--The term `air ambulance
services' means the medical care and patient transport provided
aboard an air ambulance.
``(6) Federal operating requirements.--The term `Federal
operating requirements' means--
``(A) the requirements under part A of subtitle VII
of title 49, United States Code;
``(B) Federal aviation regulations set forth in
title 14, Code of Federal Regulations; and
``(C) the operation specifications and notices to
airmen issued by the Federal Aviation Administration.
``(7) Medical care related license or certification.--The
term `medical care related license or certification' means the
permission granted by a State to air ambulance medical
personnel, air ambulance providers, or a specific air ambulance
for providing medical care and transport that--
``(A) is based solely on, and restricted to, the
State's authority to set standards for providing health
care within its borders; and
``(B) is not construed to reference any Federal
Operating Requirements.
``(8) Medically-related dispatch.--The term `medically-
related dispatch'--
``(A) means a medically-related request for an air
ambulance to provide medical care and transport to a
patient; and
``(B) does not refer to the flight dispatch or
operational control of an aircraft.
``(9) Referring entities.--The term `referring entity'
means any entity that makes a request for medically-related
dispatch of an air ambulance or provides a referral for a
provider of air ambulance services, such as a medical
institution, an agency providing emergency medical services, or
a first responder.
``(10) Routine.--The term `routine' means medical care and
transport that is provided more than 25 times per year in the
applicable State.
``(11) Scene.--The term `scene' means the location at which
the patient's injury or illness, or other event resulting in
the need for emergency medical care and transport for the
patient occurred.
``(c) Medical and Related Medical Care Standards To Ensure the
Consistent Quality of Air Ambulance Services.--This section shall apply
to medical and related medical care standards that--
``(1) are required by a State as a condition of providing--
``(A) a license or certification to an air
ambulance, air ambulance providers, and air ambulance
medical personnel based in such State; or
``(B) routine medical care and transport to
patients in such State; and
``(2) address--
``(A) the quality of emergency medical care
provided to patients;
``(B) the qualifications and training of air
ambulance medical personnel, scope of practice,
credentialing, and ongoing clinical experience in
critical care settings;
``(C) the medical direction and clinical oversight
of patient care including qualifications and
credentialing of physicians providing medical direction
or clinical oversight;
``(D) the maintenance of medical records and data
collection and reporting;
``(E) health outcome and proficiency measures;
``(F) participation in patient safety and quality
control initiatives, such as peer review, utilization
review, and error reporting;
``(G) medically-related accreditation;
``(H) medical equipment, devices, and supplies on
board the air ambulance including the design, capacity,
and performance of such equipment;
``(I) sanitation, infection control,
decontamination of the air ambulance bay, infectious
hazards, and medical universal precautions;
``(J) the design and configuration of the air
ambulance medical compartment for the provision of
quality medical care that allows adequate access to the
patient for the purposes of resuscitation and emergency
procedures consistent with the medical mission, medical
equipment, and medical supplies by the medical
personnel during flight without becoming unsecured;
``(K) medically-related air ambulance features and
capability specifications necessary and appropriate for
the provision of quality medical care related to--
``(i) permanently installed medically-
related climate control system requirements
capable of meeting specified temperature
settings;
``(ii) the use of materials in the air
ambulance that are appropriate for a proper
patient care environment;
``(iii) providing medically appropriate
care and transport to patients, including
special populations, such as neonatal or
pediatric patients;
``(iv) ensuring sufficient electrical
supply to adequately power required medical
equipment without reliance on medical equipment
batteries and without compromising the
ambulance power to lift or fly;
``(L) patient safety standards related to--
``(i) loading or unloading patients; and
``(ii) refueling with a patient on board;
``(M) communication capabilities--
``(i) between air ambulance medical
personnel and public safety, emergency medical
service agencies and hospitals; and
``(ii) that allow for functional internal
communication within the air ambulance for
medical purposes; and
``(N) coordination and oversight over a State`s
emergency medical system and the air ambulance
provider's participation in such system, such as
standards that--
``(i) designate levels of medical
capability, medical appropriateness, and
medical staffing of air ambulances, such as
medical staffing configurations for particular
medical missions or the different medical-
related licenses or certifications required for
air ambulances and air ambulance medical
personnel that provide advanced life support,
critical care, or specialty care;
``(ii) establish medically-related dispatch
and destination protocols for patients with
emergency medical conditions being transported
that coordinate requests for air ambulance
service response based on the medical
appropriateness of the air ambulance to meet
the patient's need for medical care and
transport to the appropriate medical
institution consistent with patient condition,
such as protocols for determining the
appropriate--
``(I) mode of transport (ground
versus air) in accordance with
available evidence-based triage
criteria;
``(II) available air ambulance to
transport a patient in accordance with
its capability to meet the patient's
medical need; and
``(III) medical institution to
receive the patient, such as trauma,
burn, chest pain, or stroke center;
``(iii) require the air ambulance provider
to identify its primary service area and its
service availability and any updates or changes
to such area or availability for the purpose of
coordination of ambulance response;
``(iv) require an air ambulance operator
agency to identify the medical institutions the
air ambulance can reach from its base location
within a specified period of time without
refueling;
``(v) require the air ambulance operators
to provide, for the purpose of coordination of
patient care and medical decision making,
reasonably accurate estimated times of arrival
with due consideration of safety measures,
current location, and status of available air
ambulances to referring entities; and
``(vi) prohibit practices which may impede
the proper functioning of such system, such
as--
``(I) referring entities serially
contacting air ambulance providers
until an air ambulance provider agrees
to medically-related dispatch (also
known as helicopter shopping);
``(II) indicating false or
inaccurate ambulance availability or
estimated times of arrival to a
referring entity;
``(III) exclusive agreements
between hospitals and air ambulance
providers or between air ambulance
providers and referring entities;
``(IV) proffers of gifts by air
ambulance providers to referring
entities other than solely for medical
education purposes; or
``(V) representations by air
ambulance providers to referring
entities that the air ambulance and the
air ambulance medical personnel can
provide a level of care beyond its
scope of medical capability.
``(d) Limitations.--A medical or related medical care standard is
not within the scope set forth in subsection (c) if such standard has
the effect of--
``(1) superseding, or being inconsistent with, any Federal
operating requirement with respect to aviation safety;
``(2) denying licensure to an air ambulance, air ambulance
medical personnel, or air ambulance provider that otherwise
meets such standard from providing routine care and transport
to a patient between 2 locations within a State based solely on
the ambulance's base geographic location being within another
State;
``(3) preventing an air ambulance licensed in 1 State from
transporting a patient into or out of another state on a non-
routine basis; or
``(4) impeding intrastate transport of a patient as a
result of the delegation by the State to a political
subdivision within the State of the development or oversight of
the standard.
``(e) Limitation of Scope.--The absence of any medical standard
from subsection (c) does not create an inference that such standard is
or is not a `law, regulation or other provision having the force and
effect of law related to a price, route or service of an air
carrier'.''.
(b) Conforming Amendment.--The table of contents for such chapter
401 is amended by adding at the end the following:
``40131. Clarification of State authority over air ambulance medical
standards and medical care related
licensing requirements.''. | Air Ambulance Services Clarification Act - Requires that with respect to an air ambulance and the medical services provided within an air ambulance, the term "law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier," for federal preemption purposes, may not be construed to include any medical care-related license and certification requirements based on medical standards effectuated pursuant to a state's authority over the licensure and regulation of health care within its borders.
Describes the medical and related medical care standards to which this Act applies. | {"src": "billsum_train", "title": "A bill to recognize and clarify the authority of the States to regulate air ambulance medical standards pursuant to their authority over the regulation of health care services within their borders, and for other purposes."} | 2,450 | 135 | 0.722949 | 1.846529 | 0.626647 | 7.614035 | 20.570175 | 0.947368 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Mercy Ships was founded in 1978 and has worked in more
than 70 countries, providing services valued at more than $1.3
billion, treating more than 2.56 million direct beneficiaries.
(2) Mercy Ships owns and operates the world's largest
private hospital ship, the Africa Mercy that has five state-of-
the-art operating rooms and ward bed space for 82 patients.
(3) Mercy Ships vessels are staffed by professional
volunteer crew including surgeons, nurses, doctors, dentists,
cooks, engineers, agriculturalists, teachers, and others.
(4) Mercy Ships has performed more than 82,000 life-
changing or life-saving operations such as cleft lip and palate
repair, cataract removal, orthopedic procedures, facial
reconstruction, obstetric fistula repair, and tumor removal.
(5) Mercy Ships has treated over 147,000 dental patients
including over 390,000 dental procedures.
(6) Mercy Ships has trained more than 5,900 local
professionals (including surgeons) who have in turn trained
many others.
(7) Mercy Ships has trained over 38,100 local professionals
in their area of expertise including anesthesiology, midwifery,
sterilization, orthopedic and reconstructive surgery, and
leadership, thereby increasing medical capacity in the host
nation.
(8) Mercy Ships has taught over 198,000 local people in
basic health care.
(9) Mercy Ships has completed over 1,100 infrastructure
development projects focusing on water and sanitation
education, agriculture and construction projects which improve
local health care delivery systems.
(10) Annually, Mercy Ships has over 1,600 volunteers who
help in locations around the world, 900 of which serve in
Africa. At any given time, there are more than 400 crew from 40
nations onboard the Africa Mercy.
(11) The Africa Mercy alone has had over 4,900 crew from 74
countries serve onboard since its inception in 2007. In
addition, more than 950 local Day Workers from 12 different
countries have served alongside since it first docked in
Africa.
(12) Mercy Ships has served some of the world's poorest
populations and completed over 589 port visits in 55 developing
nations and 18 developed nations for a total of 73 nations
including: Australia, Bahamas, Benin, Belgium, Belize, Brazil,
Canada, China, Congo Brazzaville, Columbia, Cuba, Denmark,
Dominican Republic, El Salvador, Estonia, Faroe Islands, Fiji,
France, Gabon, The Gambia, Germany, Ghana, Greece, Grenada,
Guatemala, Guinea (West Africa), Guinea-Bissau, Guyana, Haiti,
Honduras, Italy, Ivory Coast, Jamaica, Korea, Latvia, Liberia,
Lithuania, Madagascar, Malta, Mexico, Montserrat, The
Netherlands, New Caledonia, New Zealand, Nicaragua, Norway,
Panama, Papua New Guinea, Philippines, Poland, Russia, Samoa,
Senegal, Sierra Leone, Solomon Islands, South Africa, Spain,
St. Eustatius (NL), St. Kitts, St. Thomas, St. Vincent, Sweden,
Tahiti, Togo, Tonga, Trinidad, the United Kingdom, the United
States, and Vanuatu.
(13) Through the years, Mercy Ships has had four hospital
ships that have served in some of the poorest ports in the
world. Those include:
(A) The 16,500-ton Africa Mercy is the world's
largest nongovernmental hospital ship and is dedicated
to the continent of Africa.
(B) The 522-foot Anastasis was the flag ship, and
completed her first relief mission in 1982 to
Guatemala. Her crew of 400 worked in Africa until she
was decommissioned in 2007.
(C) Acquired in 1994, the 265-foot Caribbean Mercy
with her crew of 150 focused on the Caribbean basin and
Central America with its Eye Surgery Unit. The ship was
sold in 2006.
(D) Donated in 1983, the 172-foot Good Samaritan
served the Caribbean, Central and South America for 11
years with a crew of 60. Renamed the Island Mercy, she
was redeployed to the South Pacific in 1994 and served
there until sold in 2001.
(E) Mercy Ships is currently building a new
hospital ship to serve Africa's most needy for the next
50 years with delivery expected in 2018. The new
vessel, larger than the Africa Mercy, will assume the
title of world's largest private hospital ship with
increased capacity building and a focus on healthcare
training. It will also further the commitment of Mercy
Ships to provide and promote through teaching, safe
surgery globally as demonstrated by their membership in
the G4 Alliance.
(14) Mercy Ships has hosted Presidents and other heads of
state from many nations around the world onboard their hospital
ships who commended the free health care provided to their
people.
(15) Mercy Ships has been endorsed by President Nelson
Mandela, President George Bush, Desmund Tutu, President Ellen
Johnson Sirleaf, Sir John Major, President Dr. Ernest Bai
Koroma, Tony Blair, President Jimmy Carter and First Lady Mary
Flake de Flores.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to Don Stephens, President and
Founder of Mercy Ships.
(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. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | 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 Don Stephens, President and Founder of Mercy Ships. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to Don Stephens, President and Founder of Mercy Ships, in recognition of his 38 years of service as the leader of a humanitarian relief organization that exemplifies the compassionate character of America."} | 1,410 | 49 | 0.379247 | 1.146951 | -0.725319 | 4.923077 | 33.487179 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adults Achieving the American Dream
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Assessment of Adult Literacy,
93 million adults in the United States have limited reading,
writing, and mathematics skills, and 14 percent of adults in
the United States have below basic proficiency in prose
literacy.
(2) According to the United States Census, nearly 16
percent of adults over the age of 25 have not attained a high
school diploma or its equivalent.
(3) According to the United States Census, over 23 million
individuals speak do not speak English well.
(4) An estimated 8 million aliens admitted for lawful
permanent residency are eligible to apply for United States
citizenship.
(5) Recent reports indicate that a majority of Adult
English as a Second Language programs have waiting lists, and
some such programs have dropped waiting lists because of the
extreme demand for English as a second language services.
(6) Only three percent of the 93 million adults who could
benefit from adult education services, English literacy, and
civics education programs actually participate in such services
and programs.
(7) There is a growing and urgent need for additional adult
education, English literacy, and civics education programs for
adults in the United States.
SEC. 3. AMENDMENTS TO THE ADULT EDUCATION AND FAMILY LITERACY ACT.
(a) Integrated English Literacy and Civics Education Program.--
Section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
9202) is amended by adding at the end the following new paragraph:
``(19) Integrated english literacy and civics education
programs.--The term `integrated English literacy and civics
education programs' means programs of instruction designed to
help an individual of limited English proficiency achieve
competence in English through contextualized instruction on the
rights and responsibilities of citizenship, naturalization
procedures, civic participation, and United States history and
government to help such an individual acquire the skills and
knowledge to become an active and informed parent, worker, and
community member.''.
(b) Authorization of Appropriations.--Section 205 of such Act (20
U.S.C. 9204) is amended by inserting before the period at the end the
following: ``, $650,000,000 for fiscal year 2008, $750,000,000 for
fiscal year 2009, $850,000,000 for fiscal year 2010, $950,000,000 for
fiscal year 2011, $1,100,000,000 for fiscal year 2012, and
$1,200,000,000 for fiscal year 2013''.
(c) Reservation of Funds.--Section 211(a) of such Act (20 U.S.C.
9211(a)) is amended--
(1) in paragraph (1), by striking ``$8,000,000'' and
inserting ``$15,000,000'';
(2) in paragraph (2)--
(A) by striking ``1.5 percent'' and inserting
``1.25 percent'';
(B) by striking ``$8,000,000'' and inserting
``$12,000,000''; and
(C) by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) shall reserve 12 percent of the amount that remains
after reserving and making available funds under paragraphs
(1), (2), and (3) to carry out section 244.''.
(d) National Institute for Literacy.--Section 242(c)(1) of such Act
(20 U.S.C. 9252(c)(1)) is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (ii), (iii), and (iv)
as clauses (iii), (iv), and (v), respectively; and
(B) by inserting after clause (i) the following new
clause:
``(ii) effective practices in the provision
of integrated English literacy and civics
education programs;'';
(2) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (H), (I), and (J), respectively; and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) to coordinate and share information with
national organizations and associations that are
interested in integrated English literacy and civics
education programs;''.
(e) National Leadership Activities.--Section 243 of such Act (20
U.S.C. 9253) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, and
integrated English literacy and civics education
programs'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting ``and
integrated English literacy and civics education
programs'' before ``based on scientific evidence'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, and
integrated English literacy and civics education
programs'' before the semicolon at the end;
(B) in subparagraph (D)(ii), insert ``integrated
English literacy and civics education programs,''
before ``and workplace literacy programs'';
(C) in subparagraph (E)--
(i) in clause (i), insert ``, and
integrated English literacy and civics
education programs'' before the semicolon at
the end;
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv)--
(I) by inserting ``and section
244'' after ``section 231''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(v) the extent to which integrated
English literacy and civics education programs
carried out under section 244 lead participants
in such programs to increase their civic
participation and, if applicable, lead such
participants to become United States
citizens.''.
(f) Integrated English Literacy and Civics Education.--Chapter 4 of
subtitle A of such Act (20 U.S.C. 9251 et seq.) is amended by adding at
the end the following new section:
``SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION PROGRAMS.
``(a) In General.--From funds reserved under section 211(a)(4) for
each fiscal year, the Secretary shall award grants to States, from
allocations under subsection (b), for integrated English literacy and
civics education programs.
``(b) Allocations.--
``(1) In general.--Subject to paragraph (2) and with
respect to funds described in subsection (a), the Secretary
shall allocate--
``(A) 65 percent to States on the basis of a
State's need for integrated English and civics
education programs, as determined by calculating each
State's share of a ten-year average of the data
compiled by the Office of Immigration Statistics of the
Department of Homeland Security, for immigrants
admitted for lawful permanent residence for the ten
most recent years; and
``(B) 35 percent to the States on the basis of
whether the State experienced growth, as measured by
the average of the three most recent years for which
data compiled by the Office of Immigration Statistics
of the Department of Homeland Security are available,
for immigrants admitted for lawful permanent residence.
``(2) Minimum.--No State shall receive an allocation under
paragraph (1) in an amount that is less than $60,000.''.
SEC. 4. EXPANDING EVEN START FAMILY LITERACY PROGRAMS.
Section 1002(b)(3) of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
``(3) Even start.--For the purpose of carrying out subpart
3 of part B, there are authorized to be appropriated
$500,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the 5 succeeding fiscal years.''.
SEC. 5. RESEARCH IN ADULT EDUCATION.
(a) In General.--Section 133(c)(A) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9533(c)(A)) is amended by inserting ``education
and'' before ``literacy''.
(b) National Research and Development Center.--
(1) In general.--The Secretary of Education shall direct
the Commissioner for Education Research of the National Center
for Education Research established pursuant to section 131 of
the Education Sciences Reform Act of 2002 (20 U.S.C. 9531) to
establish a national research and development center for adult
education and literacy as described in section 133(c)(A) of
such Act (22 U.S.C. 9533(c)(A)) (as amended by subsection (a)).
(2) Provision for expansion of research.--If, as of the
date of the enactment of this Act, the Commissioner has
established a center for adult literacy in accordance with
section 133(c)(A) of the Education Sciences Reform Act of 2002,
the Commissioner shall expand the topic of research of such
center to include adult education, in accordance with the
amendment made by subsection (a).
SEC. 6. IMMIGRANTS TO NEW AMERICANS.
The Secretary of Homeland Security shall transfer to the Secretary
of Education to carry out integrated English literacy and civics
education programs under section 244 of the Adult Education and Family
Literacy Act (as added by section 3(f) of this Act) two percent of all
fees collected under section 218(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1188(a)(2)) and two percent of all civil
penalties collected under section 274A(e)(4) of such Act (8 U.S.C.
1324a(e)(4)).
SEC. 7. CREDIT FOR EMPLOYER PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45O. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
``(a) In General.--For purposes of section 38, the credit
determined under this section with respect to any employer for the
taxable year is an amount equal to 20 percent of qualified education
program expenses for the taxable year.
``(b) Limitation.--The amount of the credit determined under
subsection (a) shall not exceed an amount equal to the product of
$1,000 multiplied by the average number of full-time employees of the
employer for the taxable year.
``(c) Qualified Education Program Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified education program
expenses' means expenses paid or incurred by an employer to
make available qualified education to employees of the
employer, who are individuals of limited English proficiency or
have not received a secondary school diploma, or its recognized
equivalent, or who lack sufficient mastery of basic educational
skills to enable the individuals to function effectively in
society.
``(2) Qualified education.--The term `qualified education'
means adult education and literacy activities provided--
``(A) by an eligible provider which for the fiscal
year ending during the employer's taxable year receives
Federal funds under section 231 of the Adult Education
and Family Literacy Act for adult education and
literacy activities, or
``(B) in curriculum approved by an eligible agency.
``(3) Other terms defined.--The terms `individuals of
limited English proficiency', `eligible provider', `adult
education and literacy activities', and `eligible agency' shall
have the respective meanings given to such terms in the Adult
Education and Family Literacy Act.
``(d) Special Rules.--For purposes of this section--
``(1) Full-time employment.--An employee shall be
considered full-time if such employee is employed at least 30
hours per week for 25 or more calendar weeks in the taxable
year.
``(2) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) or section 52, or
subsection (m) or (o) of section 414, shall be treated as one
person.
``(e) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter for any amount taken
into account in determining the credit under this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to current year business credit)
is amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(32) the adult English literacy and basic education
programs credit determined under section 45O.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new item:
``45O. Employer-provided adult English literacy and basic education
programs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Adults Achieving the American Dream Act of 2007 - Amends the Adult Education and Family Literacy Act to reauthorize appropriations through FY2013 for adult education and literacy services, including integrated English literacy and civics education programs. Increases the maximum amounts that can be reserved from such funds for: (1) the National Institute for Literacy; and (2) national leadership activities. Reserves an amount for integrated English literacy and civics education programs.
Directs the Secretary of Education to award grants to states for integrated English literacy and civics education programs for immigrants admitted for lawful residence in the United States.
Amends the Elementary and Secondary Education Act of 1965 to reauthorize appropriations for Even Start Family Literacy Programs for FY2008 and each of the five succeeding fiscal years.
Amends the Education Sciences Reform Act of 2002 to require the establishment of a national research and development center that includes research in adult education.
Amends the Internal Revenue Code to allow a tax credit for employer-provided adult education and literacy programs. | {"src": "billsum_train", "title": "To amend the Adult Education and Family Literacy Act to establish integrated English literacy and civics education programs, and for other purposes."} | 3,112 | 220 | 0.556885 | 1.60438 | 0.785738 | 3.441489 | 14.771277 | 0.87766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Development Lab Act of
2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Lab.--The term ``Lab'' means the United States Global
Development Lab established under section 4.
(3) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Leveraging academic research and private sector
expertise to effectively apply science and technology to United
States foreign aid can increase the effectiveness of United
States aid dollars and lead to better outcomes.
(2) In the last 20 years, human ingenuity and
entrepreneurship around the world has reduced child mortality
rates by 42 percent and poverty rates by 52 percent, lifting
hundreds of millions of people out of poverty.
(3) Over the next 40 years, the developing world is
expected to be the largest source of product and services
growth. Breakthroughs pioneered for the developing world can
translate into jobs and economic growth in the United States.
(4) In 2014 the Office of Science and Technology and the
Office of Innovation and Development Alliances at the United
States Agency for International Development were abolished to
pave the way to bring their staffing and other resources into
the United States Global Development Lab.
(5) The Lab represents a new approach to invest, test, and
apply more effective solutions to humanity's greatest
challenges.
(6) The Lab will partner with entrepreneurs, experts,
nongovernmental organizations, universities, and science and
research institutions to solve development challenges in a
faster, more cost-efficient, and more sustainable way.
(7) The Lab will utilize a pay-for-success model, which
uses science, technology, and innovation-driven competitions to
expand the number and diversity of solutions to development
challenges.
(8) In contrast with traditional grants or contracts, where
USAID pays for a proposal to be implemented, pay-for-success
awards are given to a winner only after the objectives of the
competition have been achieved.
(9) Expanding pay-for-success authority to allow the Lab to
use these awards globally will increase the number of high
value solutions to choose from at a significantly reduced cost.
SEC. 4. UNITED STATES GLOBAL DEVELOPMENT LAB.
(a) Establishment.--There is established in USAID an entity to be
known as the United States Global Development Lab.
(b) Duties and Responsibilities.--The duties and responsibilities
of the Lab should include--
(1) increasing the application of science, technology,
innovation and partnerships to develop and scale new solutions
to end extreme poverty;
(2) discovering, testing, and scaling development
innovations to solve development challenges to increase cost
effectiveness and support United States foreign policy and
development goals;
(3) leveraging the expertise, resources, and investment of
businesses, nongovernmental organizations, science and research
organizations, and universities to increase program impact and
sustainability;
(4) utilizing innovation-driven competitions to expand the
number and diversity of solutions to development challenges;
and
(5) supporting USAID Missions and Bureaus in applying
science, technology, innovation, and partnership approaches to
decisionmaking, procurement, and program design.
(c) Authorities.--
(1) In general.--In carrying out the duties and
responsibilities of the Lab under subsection (b), the
Administrator may, in addition to such other authorities as may
be available to the Administrator--
(A) use not more than $15,000,000 of funds
appropriated or otherwise made available by an Act
making appropriations for the Department of State,
foreign operations, and related programs under the
heading ``Development Assistance'' for any fiscal year
for the provision of grants that are focused on
science, technology, or innovation and designed to
improve health outcomes;
(B) make awards in accordance with section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719), except that foreign citizens and
foreign private entities may be eligible for such
prizes notwithstanding the eligibility requirements of
subsection (g) of such section; and
(C) if the authority to appoint individuals on a
limited term basis pursuant to schedule A or B of
subpart C of part 213 of title 5, Code of Federal
Regulations, is authorized for the Lab by the Office of
Personnel Management, use funds appropriated to carry
out part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) for the employment of not more
than 30 of such individuals.
(2) Recovery of funds.--
(A) In general.--In carrying out the duties and
responsibilities of the Lab under subsection (b), the
Administrator may provide that a cooperative agreement
or other transaction for performance of basic, applied,
or advanced research entered into between USAID and a
person or other entity include a clause that requires
the person or other entity to return to USAID program
income generated under the agreement or other
transaction.
(B) Treatment of payments.--
(i) In general.--The amount of any program
income returned to USAID pursuant to
subparagraph (A) shall be credited to the
account from which the obligation and
expenditure of funds under the cooperative
agreement or other transaction described in
subparagraph (A) was made.
(ii) Availability.--
(I) In general.--Except as provided
in subclause (II), amounts returned and
credited to an account under clause
(i)--
(aa) shall be merged with
other funds in the account; and
(bb) shall be available for
the same purposes and period of
time for which other funds in
the account are available for
programs and activities of the
Lab.
(II) Exception.--Amounts returned
and credited to an account under clause
(i) may not be used to pay for the
employment of individuals described in
paragraph (1)(C). | Global Development Lab Act of 2014 - Establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab whose responsibilities should include: increasing the application of science, technology, innovation and partnerships to develop and scale solutions to end extreme poverty; discovering, testing, and scaling development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise and resources of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact; utilizing innovation-driven competitions to expand solutions to development challenges; and supporting USAID Missions and Bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. | {"src": "billsum_train", "title": "Global Development Lab Act of 2014"} | 1,295 | 153 | 0.592792 | 1.859391 | 0.736921 | 5.173913 | 9.065217 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclamation Title Transfer and Non-
Federal Infrastructure Incentivization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Eligible facility.--The term ``eligible facility''--
(A) means a reclamation project or facility, or a
portion of such a project or facility (which may
include dams and appurtenant works, infrastructure,
recreational facilities, buildings, distribution and
drainage works, and associated lands or interests in
lands or water) that meets the criteria for potential
transfer established pursuant to section 4; and
(B) does not include a reclamation facility or
separately functioning portion of such facility that
generates hydropower marketed by a power marketing
administration.
(3) Qualifying entity.--The term ``qualifying entity''
means an agency of a State political subdivision, joint action
or powers agency, water users association, Indian Tribe or
Tribal utility authority, that--
(A) held or holds a water service contract,
repayment contract, operation and maintenance contract,
water rights settlement contract or exchange contract
providing for water service from the eligible facility
to be transferred; and
(B) as determined by the Secretary, has the
capacity to continue to manage the conveyed property
for the same purposes by which the property has been
managed under reclamation law.
(4) Conveyed property.--The term ``conveyed property''
means an eligible facility that has been transferred out of
Federal ownership under this Act.
SEC. 3. AUTHORIZATION OF TITLE TRANSFER.
(a) In General.--The Secretary may convey to a qualifying entity
all right, title, and interest of the United States in and to any
eligible facility, subject to subsections (b) and (c), if--
(1) the Secretary notifies Congress in writing of the
proposed conveyance, and the reasons for the conveyance, not
later than 90 days before the date on which the Secretary makes
the conveyance; and
(2) Congress does not pass a joint resolution disapproving
the conveyance before such date.
(b) Associated Water Rights and Uses.--Federal interests in
associated water rights and uses, if included, shall be conveyed in
accordance with applicable State law under this Act by a written
agreement between the Secretary and the qualifying entity.
(c) Consultation.--Interests in eligible facilities shall be
conveyed under this Act by a written agreement between the Secretary
and the qualifying entity, developed in consultation with any existing
water and power customers affected by the eligible facility.
(d) Right of First Refusal.--If the entity that operates and
maintains an eligible facility at the time that the Secretary attempts
to facilitate the conveyance under subsection (c) is a qualifying
entity, that entity shall have the right of first refusal to receive
the conveyance under this Act.
SEC. 4. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT.
Not later than one year after the date of the enactment of this
Act, the Secretary shall establish criteria for determining whether
facilities are eligible for title transfer under this Act. The criteria
shall include the following minimum requirements:
(1) The qualifying entity agrees to accept title to the
property proposed for transfer.
(2) The proposed title transfer will not have an
unmitigated significant effect on the environment.
(3) The qualifying entity intends to use the property for
substantially the same purposes the property is being used for
at the time the Secretary evaluates the potential transfer.
(4) The transfer is consistent with the Secretary's
responsibility to protect land and water resources held in
trust for federally recognized Indian Tribes.
(5) The transfer is consistent with the Secretary's
responsibility to ensure compliance with international treaties
and interstate compacts.
(6) The qualifying entity agrees to provide, as
consideration for the assets to be conveyed, compensation to
the United States worth the equivalent of the present value of
any repayment obligation to the United States or other income
stream the United States derives from the assets to be
transferred at the time of the transfer.
SEC. 5. OTHER CONDITIONS FOR CONVEYANCES.
(a) Power Rates.--No conveyance under this Act may adversely impact
power rates or repayment obligations.
(b) NEPA.--The Secretary shall apply a categorical exclusion
process under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) on eligible facilities under this Act.
SEC. 6. LIABILITY.
Effective upon the date of conveyance of any eligible facility
pursuant to this Act, the United States shall not be liable for damages
of any kind arising out of any act, omission, or occurrence based on
its prior ownership or operation of the conveyed property, except for
damages caused by acts of negligence committed by the United States or
by its employees, agents, or contractors, prior to conveyance.
SEC. 7. BENEFITS.
After a conveyance under this Act--
(1) the conveyed property shall not be considered to be a
part of a Federal reclamation project; and
(2) in the event that a transfer of an entire project
occurs, the entity to which the property is conveyed shall not
be eligible to receive any benefits, including project power,
with respect to the conveyed property, except benefits that
would be available to a similarly situated entity with respect
to property that is not part of a Federal reclamation project.
SEC. 8. COMPLIANCE WITH OTHER LAWS.
After a conveyance under this Act, the entity to which the property
is conveyed shall comply with all applicable Federal, State, and local
laws and regulations in its operation of the conveyed property.
SEC. 9. NOTIFICATION.
The Secretary shall submit, as part of the Secretary's annual
budget submission to Congress--
(1) a description of the actions taken to implement this
Act; and
(2) a list of conveyances made or initiated by the
Secretary or a qualifying entity under this Act.
Passed the House of Representatives July 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | . Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act (Sec. 3) This bill authorizes the Department of the Interior to convey U.S. interest in an eligible reclamation project or facility to an agency of a state political subdivision, a joint action or powers agency, a water users association, or an Indian tribe or tribal utility authority that holds a water service contract for such property and that has the capacity to continue to manage the property for the same purposes for which it has been managed under reclamation law, if: (1) Interior notifies Congress in writing of the proposed conveyance at least 90 days in advance, and (2) Congress does not pass a joint resolution disapproving the conveyance. A facility that generates hydropower marketed by a power marketing administration shall not be eligible for such conveyance. An entity that operates and maintains an eligible facility at the time Interior attempts to facilitate its conveyance shall have the right of first refusal to receive the conveyance. (Sec. 4) Criteria for determining whether facilities are eligible for title transfer shall include: (1) the transfer will not have an unmitigated significant effect on the environment, (2) the qualifying entity intends to use the property for substantially the same purposes the property is being used for at the time Interior evaluates the potential transfer, and (3) the qualifying entity agrees to provide the United States the equivalent of the present value of any repayment obligation or other income stream the United States derives from the assets to be transferred. (Sec. 5) No conveyance under this bill may adversely impact power rates or repayment obligations. (Sec. 9) Interior shall submit, as part of its annual budget submission to Congress: (1) a description of the actions taken to implement this bill, and (2) a list of conveyances made or initiated by Interior or a qualifying entity under this bill. | {"src": "billsum_train", "title": "Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act"} | 1,370 | 404 | 0.774414 | 2.660006 | 0.814912 | 4.833333 | 3.472222 | 0.961111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016'' or the
``CHIP IN for Vets Act of 2016''.
SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS
AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
(a) Pilot Program Authorized.--
(1) In general.--Notwithstanding sections 8103 and 8104 of
title 38, United States Code, the Secretary of Veterans Affairs may
carry out a pilot program under which the Secretary may accept
donations of the following property from entities described in
paragraph (2):
(A) Real property (including structures and equipment
associated therewith)--
(i) that includes a constructed facility; or
(ii) to be used as the site of a facility constructed
by the entity.
(B) A facility to be constructed by the entity on real
property of the Department of Veterans Affairs.
(2) Entities described.--Entities described in this paragraph
are the following:
(A) A State or local authority.
(B) An organization that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(C) A limited liability corporation.
(D) A private entity.
(E) A donor or donor group.
(F) Any other non-Federal Government entity.
(3) Limitation.--The Secretary may accept not more than five
donations of real property and facility improvements under the
pilot program and as described in this section.
(b) Conditions for Acceptance of Property.--The Secretary may
accept the donation of a property described in subsection (a)(1) under
the pilot program only if--
(1) the property is--
(A) a property with respect to which funds have been
appropriated for a Department facility project; or
(B) a property identified as--
(i) meeting a need of the Department as part of the
long-range capital planning process of the Department; and
(ii) the location for a Department facility project
that is included on the Strategic Capital Investment
Planning process priority list in the most recent budget
submitted to Congress by the President pursuant to section
1105(a) of title 31, United States Code; and
(2) an entity described in subsection (a)(2) has entered into
or is willing to enter into a formal agreement with the Secretary
in accordance with subsection (c) under which the entity agrees to
independently donate the real property, improvements, goods, or
services, for the Department facility project in an amount
acceptable to the Secretary and at no additional cost to the
Federal Government.
(c) Requirement To Enter Into an Agreement.--
(1) In general.--The Secretary may accept real property and
improvements donated under the pilot program by an entity described
in subsection (a)(2) only if the entity enters into a formal
agreement with the Secretary that provides for--
(A) the donation of real property and improvements
(including structures and equipment associated therewith) that
includes a constructed facility; or
(B) the construction by the entity of a facility on--
(i) real property and improvements of the Department of
Veterans Affairs; or
(ii) real property and improvements donated to the
Department by the entity.
(2) Content of formal agreements.--With respect to an entity
described in subsection (a)(2) that seeks to enter into a formal
agreement under paragraph (1) of this subsection that includes the
construction by the entity of a facility, the formal agreement
shall provide for the following:
(A) The entity shall conduct all necessary environmental
and historic preservation due diligence, shall comply with all
local zoning requirements (except for studies and consultations
required of the Department under Federal law), and shall obtain
all permits required in connection with the construction of the
facility.
(B) The entity shall use construction standards required of
the Department when designing, repairing, altering, or building
the facility, except to the extent the Secretary determines
otherwise, as permitted by applicable law.
(C) The entity shall provide the real property,
improvements, goods, or services in a manner described in
subsection (b)(2) sufficient to complete the construction of
the facility, at no additional cost to the Federal Government.
(d) No Payment of Rent or Usage Fees.--The Secretary may not pay
rent, usage fees, or any other amounts to an entity described in
subsection (a)(2) or any other entity for the use or occupancy of real
property or improvements donated under this section.
(e) Funding.--
(1) From department.--
(A) In general.--The Secretary may not provide funds to
help the entity finance, design, or construct a facility in
connection with real property and improvements donated under
the pilot program by an entity described in subsection (a)(2)
that are in addition to the funds appropriated for the facility
as of the date on which the Secretary and the entity enter into
a formal agreement under subsection (c) for the donation of the
real property and improvements.
(B) Terms and conditions.--The Secretary shall provide
funds pursuant to subparagraph (A) under such terms,
conditions, and schedule as the Secretary determines
appropriate.
(2) From entity.--An entity described in subsection (a)(2) that
is donating a facility constructed by the entity under the pilot
program shall be required, pursuant to a formal agreement entered
into under subsection (c), to provide other funds in addition to
the amounts provided by the Department under paragraph (1) that are
needed to complete construction of the facility.
(f) Application.--An entity described in subsection (a)(2) that
seeks to donate real property and improvements under the pilot program
shall submit to the Secretary an application to address needs relating
to facilities of the Department, including health care needs,
identified in the Construction and Long-Range Capital Plan of the
Department, at such time, in such manner, and containing such
information as the Secretary may require.
(g) Information on Donations and Related Projects.--
(1) In general.--The Secretary shall include in the budget
submitted to Congress by the President pursuant to section 1105(a)
of title 31, United States Code, information regarding real
property and improvements donated under the pilot program during
the year preceding the submittal of the budget and the status of
facility projects relating to that property.
(2) Elements.--Information submitted under paragraph (1) shall
provide a detailed status of donations of real property and
improvements conducted under the pilot program and facility
projects relating to that property, including the percentage
completion of the donations and projects.
(h) Biennial Report of Comptroller General of the United States.--
Not less frequently than once every 2 years until the termination date
set forth in subsection (i), the Comptroller General of the United
States shall submit to Congress a report on the donation agreements
entered into under the pilot program.
(i) Termination.--The authority for the Secretary to accept
donations under the pilot program shall terminate on the date that is 5
years after the date of the enactment of this Act.
(j) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other arrangements or agreements that are authorized by law and
not inconsistent with this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on December 7, 2016. Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 or the CHIP IN for Vets Act of 2016 (Sec. 2) This bill authorizes the Department of Veterans Affairs (VA) to carry out a five-year pilot program under which it may accept up to five donations by non-federal entities of: (1) real property that includes a constructed facility or that is to be used as the site of a facility constructed by the entity, and (2) a facility to be constructed by the entity on real property of the VA. A donation must be: (1) a property for which funds have been appropriated for a VA facility project or a property that is identified as meeting a need of the VA as part of its long-range capital planning process and that is the location for a VA facility project that is included on the Strategic Capital Investment Planning process priority list; and (2) donated pursuant to a formal agreement with the VA for a VA facility project in an amount acceptable to the VA at no additional cost to the federal government. Such a formal agreement must provide for: (1) the donation of real property that includes a constructed facility; or (2) the construction of a facility on VA real property or on real property donated to the VA by the entity. An agreement that provides for the construction of a facility shall require the entity to: conduct all necessary environmental and historic preservation due diligence, comply with all local zoning requirements, obtain all required construction permits, use construction standards required of the VA when designing, repairing, altering, or building the facility, and provide the real property, improvements, goods, or services in a manner sufficient to complete the construction at no additional cost to the federal government. The VA may not: (1) pay rent, usage fees, or any other amounts to an entity for the use or occupancy of real property donated under this bill; and (2) provide funds to help the entity finance, design, or construct such a facility that are in addition to those appropriated for the facility as of the date of the donation agreement. An entity that: (1) is donating a facility constructed by the entity shall be required to provide other funds in addition to the amounts provided by the VA that are needed to complete construction of the facility; and (2) seeks to donate real property shall submit an application to address needs relating to VA facilities, including health care needs, identified in its Construction and Long-Range Capital Plan in such manner as the VA may require. The VA shall include in the annual budget submitted to Congress by the President information regarding real property donated under the pilot program and the status of facility projects relating to that property. The Government Accountability Office shall report to Congress every two years until the program ends on the donation agreements under the program. | {"src": "billsum_train", "title": "Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016"} | 1,618 | 599 | 0.696778 | 2.310272 | 0.740493 | 4.273038 | 2.619454 | 0.921502 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Neighbors in Need
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. Additional weeks of benefits.
Sec. 102. Program extension in States with high unemployment.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
Sec. 201. Increase and decrease in earnings credited to State accounts
when States meet or fail to meet funding
goals.
Sec. 202. Interest-free advances to State accounts in Unemployment
Trust Fund restricted to States which meet
funding goals.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 301. 2-year suspension of tax on unemployment compensation.
Sec. 302. State collection of Federal unemployment tax.
Sec. 303. Required distribution of State-specific information packets.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. ADDITIONAL WEEKS OF BENEFITS.
(a) In General.--Section 203 of the Temporary Extended Unemployment
Compensation Act of 2002 is amended by adding at the end the following:
``(d) Additional Weeks of Benefits.--Notwithstanding any other
provision of this section, upon the exhaustion of all amounts that may
be credited to an individual's account under the preceding provisions
of this section, such account shall be increased by an amount equal to
8 times the individual's average weekly benefit amount for the benefit
year (as determined under subsection (b)(2)).''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a)--
(1) shall take effect as if included in the enactment of
the Temporary Extended Unemployment Compensation Act of 2002,
and shall apply to weeks of unemployment beginning on or after
the date of the enactment of this Act, but
(2) shall not apply in the case of any individual whose
eligibility for additional weeks of benefits would be based on
an exhaustion of amounts (as required under such amendment)
occurring on or after the date of the enactment of this Act.
SEC. 102. PROGRAM EXTENSION IN STATES WITH HIGH UNEMPLOYMENT.
(a) Applicability.--This section applies only to any State with
respect to which, during the last week in December 2003, an extended
benefit period (as described in section 203 of the Federal-State
Extended Unemployment Compensation Act of 1970)--
(1) is in effect; or
(2) would be in effect, if subsection (d) of such section
203 were applied by substituting--
(A) ``100'' for ``120'' in paragraph (1)(A); and
(B) ``3.5'' for ``5'' in paragraph (1)(B) and the
first flush sentence following paragraph (2).
(b) Extension.--In the case of each State that satisfies subsection
(a), section 208 of the Temporary Extended Unemployment Compensation
Act of 2002 shall be applied as if it had been amended--
(1) in subsection (a)(2), by striking ``December 31, 2003''
and inserting ``March 31, 2004'';
(2) in subsection (b)(1), by striking ``December 31, 2003''
and inserting ``March 31, 2004'';
(3) in subsection (b)(2)--
(A) in the heading, by striking ``december 31,
2003'' and inserting ``march 31, 2004''; and
(B) by striking ``December 31, 2003'' and inserting
``March 31, 2004''; and
(4) in subsection (b)(3), by striking ``March 31, 2004''
and inserting ``June 30, 2004''.
(c) Definitions.--For purposes of this section, the terms ``State''
and ``week'' have the respective meanings given such terms under
section 207 of the Temporary Extended Unemployment Compensation Act of
2002.
(d) Rule of Construction.--Nothing in this Act shall be considered
to limit, terminate, or otherwise affect any unemployment benefits
provided under section 4002 of the Emergency Wartime Supplemental
Appropriations Act, 2003.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
SEC. 201. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2007.
SEC. 202. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to taxable years
beginning in 2004 or 2005.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2004, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2005, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2004. | Neighbors in Need Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUCA program in States with high unemployment (States that already qualify for the TEUC-X program (under which second tier benefit amounts are deposited in an individual's account) or would if the trigger for such program were changed) through March 31, 2004, with a phase-out period through June 30, 2004; and (2) provide eight additional weeks of TEUC benefits to those who have exhausted theirs before enactment of this Act.
Amends the Social Security Act to require: (1) increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals; and (2) interest-free advances to State accounts in the Unemployment Trust Fund to be restricted to States which meet funding goals.
Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2004 and 2005; (2) allow certified States to elect to collect Federal unemployment taxes, under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | {"src": "billsum_train", "title": "To provide for additional benefits under the Temporary Extended Unemployment Compensation Act of 2002, to extend the Federal unemployment benefits system, and for other purposes."} | 3,394 | 255 | 0.560939 | 1.591569 | 0.731721 | 3.144068 | 12.601695 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Immunosuppressive Drug
Coverage for Kidney Transplant Patients Act of 2011''.
SEC. 2. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR
KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS
PROVISIONS.
(a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
Transplant Recipients.--
(1) Kidney transplant recipients.--Section 226A(b)(2) of
the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by
inserting ``(except for eligibility for enrollment under part B
solely for purposes of coverage of immunosuppressive drugs
described in section 1861(s)(2)(J))'' before ``, with the
thirty-sixth month''.
(2) Individuals eligible only for coverage of
immunosuppressive drugs.--
(A) Section 1836 of the Social Security Act (42
U.S.C. 1395o) is amended--
(i) by striking ``Every'' and inserting
``(a) In General.--Every''; and
(ii) by inserting at the end the following
new subsection:
``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
Beginning on January 1, 2012, every individual whose insurance benefits
under part A have ended (whether before, on, or after such date) by
reason of section 226A(b)(2) is eligible for enrollment in the
insurance program established by this part solely for purposes of
coverage of immunosuppressive drugs.''.
(B) Conforming amendment.--Sections 1837, 1838, and
1839 of the Social Security Act (42 U.S.C. 1395(p), 42
U.S.C. 1395(q), 42 U.S.C. 1395(r)) are each amended by
striking ``1836'' and inserting ``1836(a)'' each place
it appears.
(3) Enrollment for individuals only eligible for coverage
of immunosuppressive drugs.--Section 1837 of the Social
Security Act (42 U.S.C. 1395(p)) is amended by adding at the
end the following new subsection:
``(m)(1) Any individual who is eligible under section 1836(b) to
enroll in the medical insurance program established under this part for
purposes of coverage of immunosuppressive drugs may enroll only in such
manner and form as may be prescribed by regulations, and only during an
enrollment period described in this subsection.
``(2) An individual described in paragraph (1) may enroll beginning
on the first day of the third month before the month in which the
individual first satisfies section 1836(b).
``(3) An individual described in paragraph (1) whose entitlement
for hospital insurance benefits under part A ends by reason of section
226A(b)(2) on or after January 1, 2012, shall be deemed to have
enrolled in the medical insurance program established by this part for
purposes of coverage of immunosuppressive drugs.''.
(4) Coverage period for individuals only eligible for
coverage of immunosuppressive drugs.--
(A) In general.--Section 1838 of the Social
Security Act (42 U.S.C. 1395q) is amended by adding at
the end the following new subsection:
``(g) In the case of an individual described in section 1836(b),
the following rules shall apply:
``(1) In the case of such an individual who is deemed to
have enrolled in part B for coverage of immunosuppressive drugs
under section 1837(m)(3), such individual's coverage period
shall begin on the first day of the month in which the
individual first satisfies section 1836(b).
``(2) In the case of such an individual who enrolls in part
B for coverage of immunosuppressive drugs under section
1837(m)(2), such individual's coverage period shall begin on
the first day of the month in which the individual first
satisfies section 1836(b) or the month following the month in
which the individual so enrolls, whichever is later.
``(3) The provisions of subsections (b) and (d) shall apply
with respect to an individual described in paragraph (1) or
(2).
``(4) In addition to the reasons for termination under
subsection (b), the coverage period of an individual described
in paragraph (1) or (2) shall end when the individual becomes
entitled to benefits under this title under section 226(a),
226(b), or 226A.''.
(B) Conforming amendments.--Section 1838(b) of the
Social Security Act (42 U.S.C. 1395q(b)) is amended, in
the matter following paragraph (2), by adding ``or
section 1837(m)(3)'' after ``section 1837(f)'' each
place it appears.
(5) Premiums for individuals only eligible for coverage of
immunosuppressive drugs.--Section 1839 of the Social Security
Act (42 U.S.C. 1395r) is amended--
(A) in subsection (b), by adding at the end the
following new sentence: ``No increase in the premium
shall be effected for individuals who are enrolled
pursuant to section 1836(b) for coverage only of
immunosuppressive drugs.''; and
(B) by adding at the end the following new
subsection:
``(j) Determination of Premium for Individuals Only Eligible for
Coverage of Immunosuppressive Drugs.--The Secretary shall, during
September of each year, determine and promulgate a monthly premium rate
for the succeeding calendar year for individuals who enroll only for
the purpose of coverage of immunosuppressive drugs under section
1836(b). Such premium shall be equal to 35 percent of the monthly
actuarial rate for enrollees age 65 and over, determined according to
paragraph (1), for that succeeding calendar year. The monthly premium
of each individual enrolled for coverage of immunosuppressive drugs
under section 1836(b) for each month shall be the amount promulgated in
this subsection. Such amount shall be adjusted in accordance with
subsections (c) and (f).''.
(6) Government contribution.--Section 1844(a) of the Social
Security Act (42 U.S.C. 1395w(a)) is amended--
(A) in paragraph (3), by striking the period at the
end and inserting ``; plus'';
(B) by adding at the end the following new
paragraph:
``(4) a Government contribution equal to the estimated
aggregate reduction in premiums payable under part B that
results from establishing the premium at 35 percent of the
actuarial rate under section 1839(j) instead of 50 percent of
the actuarial rate for individuals who enroll only for the
purpose of coverage of immunosuppressive drugs under section
1836(b).''; and
(C) by adding at the end the following flush
matter:
``The Government contribution under paragraph (4) shall be
treated as premiums payable and deposited for purposes of
subparagraphs (A) and (B) of paragraph (1).''.
(7) Extension of secondary payer requirements for esrd
beneficiaries eligible for coverage of immunosuppressive
drugs.--Section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395(y)(b)(1)) is amended by adding at the end the
following new sentence: ``With regard to immunosuppressive
drugs furnished to an individual who enrolls for the purpose of
coverage of immunosuppressive drugs under section 1836(b) on or
after January 1, 2012, this subparagraph shall apply without
regard to any time limitation, except that when such individual
becomes entitled to benefits under this title under sections
226(a) or 226(b), or entitled to or eligible for benefits under
this title under section 226A, the provisions of subparagraphs
(A) and (B), and the time limitations under this subparagraph,
respectively, shall apply.''.
(8) Ensuring coverage under the medicare savings program.--
Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C.
1396d(p)(1)(A)) is amended by inserting ``or an individual who
is enrolled under part B for the purpose of coverage of
immunosuppressive drugs under section 1836(b)'' after ``section
1818''.
(9) Part d.--Section 1860D-1(a)(3)(A) of the Social
Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by
inserting ``(but not including an individual enrolled solely
for coverage of immunosuppressive drugs under section
1836(b))'' before the period at the end. | Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2011 - Amends title II (Old Age, Survivors and Disability Benefits) (OASDI) of the Social Security Act (SSA) to extend the months of coverage of immunosuppressive drugs for kidney transplant patients.
Amends SSA title XVIII (Medicare) to make eligible for enrollment in Medicare part B (Supplementary Medical Insurance), solely for the purpose of such drug coverage, every individual whose insurance benefits under Medicare part A (Hospital Insurance) have ended by reason of a kidney transplant or the end of any requirement for a regular course of dialysis.
Directs the Secretary of Health and Human Services (HHS) to determine a monthly premium rate for such individuals equal to 35% of the monthly actuarial rate for enrollees age 65 and over. Prescribes a formula for detemination of a government contribution to such a premium. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for extended months of Medicare coverage of immunosuppressive drugs for kidney transplant patients and other renal dialysis provisions."} | 2,016 | 220 | 0.568235 | 1.597469 | 0.696953 | 2.783133 | 9.813253 | 0.855422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Trade Enforcement
Effectiveness Act''.
SEC. 2. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST FOR
INFORMATION IN A PROCEEDING.
Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and by
moving such subparagraphs, as so redesignated, 2 ems to
the right;
(B) by striking ``Adverse Inferences.--If'' and
inserting the following: ``Adverse Inferences.--
``(1) In general.--If'';
(C) by striking ``under this title, may use'' and
inserting the following: ``under this title--
``(A) may use''; and
(D) by striking ``facts otherwise available. Such
adverse inference may include'' and inserting the
following: ``facts otherwise available; and
``(B) is not required to determine, or make any
adjustments to, a countervailable subsidy rate or
weighted average dumping margin based on any
assumptions about information the interested party
would have provided if the interested party had
complied with the request for information.
``(2) Potential sources of information for adverse
inferences.--An adverse inference under paragraph (1)(A) may
include'';
(2) in subsection (c)--
(A) by striking ``Corroboration of Secondary
Information.--When the'' and inserting the following:
``Corroboration of Secondary Information.--
``(1) In general.--Except as provided in paragraph (2),
when the''; and
(B) by adding at the end the following:
``(2) Exception.--The administrative authority and the
Commission shall not be required to corroborate any dumping
margin or countervailing duty applied in a separate segment of
the same proceeding.''; and
(3) by adding at the end the following:
``(d) Subsidy Rates and Dumping Margins in Adverse Inference
Determinations.--
``(1) In general.--If the administering authority uses an
inference that is adverse to the interests of a party under
subsection (b)(1)(A) in selecting among the facts otherwise
available, the administering authority may--
``(A) in the case of a countervailing duty
proceeding--
``(i) use a countervailable subsidy rate
applied for the same or similar program in a
countervailing duty proceeding involving the
same country, or
``(ii) if there is no same or similar
program, use a countervailable subsidy rate for
a subsidy program from a proceeding that the
administering authority considers reasonable to
use, and
``(B) in the case of an antidumping duty
proceeding, use any dumping margin from any segment of
the proceeding under the applicable antidumping order.
``(2) Discretion to apply highest rate.--In carrying out
paragraph (1), the administering authority may apply any of the
countervailable subsidy rates or dumping margins specified
under that paragraph, including the highest such rate or
margin, based on the evaluation by the administering authority
of the situation that resulted in the administering authority
using an adverse inference in selecting among the facts
otherwise available.
``(3) No obligation to make certain estimates or address
certain claims.--If the administering authority uses an adverse
inference under subsection (b)(1)(A) in selecting among the
facts otherwise available, the administering authority is not
required, for purposes of subsection (c) or for any other
purpose--
``(A) to estimate what the countervailable subsidy
rate or dumping margin would have been if the
interested party found to have failed to cooperate
under subsection (b)(1) had cooperated, or
``(B) to demonstrate that the countervailable
subsidy rate or dumping margin used by the
administering authority reflects an alleged commercial
reality of the interested party.''.
SEC. 3. DEFINITION OF MATERIAL INJURY.
(a) Effect of Profitability of Domestic Industries.--Section 771(7)
of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at
the end the following:
``(J) Effect of profitability.--The Commission
shall not determine that there is no material injury or
threat of material injury to an industry in the United
States merely because that industry is profitable or
because the performance of that industry has recently
improved.''.
(b) Evaluation of Impact on Domestic Industry in Determination of
Material Injury.--Subclause (I) of section 771(7)(C)(iii) of the Tariff
Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows:
``(I) actual and potential decline
in output, sales, market share, gross
profits, operating profits, net
profits, ability to service debt,
productivity, return on investments,
return on assets, and utilization of
capacity,''.
(c) Captive Production.--Section 771(7)(C)(iv) of the Tariff Act of
1930 (19 U.S.C. 1677(7)(C)(iv)) is amended--
(1) in subclause (I), by striking the comma and inserting
``, and'';
(2) in subclause (II), by striking ``, and'' and inserting
a comma; and
(3) by striking subclause (III).
SEC. 4. PARTICULAR MARKET SITUATION.
(a) Definition of Ordinary Course of Trade.--Section 771(15) of the
Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end
the following:
``(C) Situations in which the administering
authority determines that the particular market
situation prevents a proper comparison with the export
price or constructed export price.''.
(b) Definition of Normal Value.--Section 773(a)(1)(B)(ii)(III) of
the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended
by striking ``in such other country.''.
(c) Definition of Constructed Value.--Section 773(e) of the Tariff
Act of 1930 (19 U.S.C. 1677b(e)) is amended--
(1) in paragraph (1), by striking ``business'' and
inserting ``trade''; and
(2) by striking the flush text at the end and inserting the
following:
``For purposes of paragraph (1), if a particular market situation
exists such that the cost of materials and fabrication or other
processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology. For purposes of paragraph (1), the cost
of materials shall be determined without regard to any internal tax in
the exporting country imposed on such materials or their disposition
that is remitted or refunded upon exportation of the subject
merchandise produced from such materials.''.
SEC. 5. DISTORTION OF PRICES OR COSTS.
(a) Investigation of Below-Cost Sales.--Section 773(b)(2) of the
Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking
subparagraph (A) and inserting the following:
``(A) Reasonable grounds to believe or suspect.--
``(i) Review.--In a review conducted under
section 751 involving a specific exporter,
there are reasonable grounds to believe or
suspect that sales of the foreign like product
have been made at prices that are less than the
cost of production of the product if the
administering authority disregarded some or all
of the exporter's sales pursuant to paragraph
(1) in the investigation or, if a review has
been completed, in the most recently completed
review.
``(ii) Requests for information.--In an
investigation initiated under section 732 or a
review conducted under section 751, the
administering authority shall request
information necessary to calculate the
constructed value and cost of production under
subsections (e) and (f) to determine whether
there are reasonable grounds to believe or
suspect that sales of the foreign like product
have been made at prices that represent less
than the cost of production of the product.''.
(b) Prices and Costs in Nonmarket Economies.--Section 773(c) of the
Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at the end
the following:
``(5) Discretion to disregard certain price or cost
values.--In valuing the factors of production under paragraph
(1) for the subject merchandise, the administering authority
may disregard price or cost values without further
investigation if the administering authority has determined
that broadly available export subsidies existed or particular
instances of subsidization occurred with respect to those price
or cost values or if those price or cost values were subject to
an antidumping order.''.
SEC. 6. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE BY REDUCING THE
NUMBER OF VOLUNTARY RESPONDENTS.
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is
amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and by moving
such clauses, as so redesignated, 2 ems to the right;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs, as so redesignated, 2 ems to the right;
(3) by striking ``Investigations and Reviews.--In'' and
inserting the following: ``Investigations and Reviews.--
``(1) In general.--In'';
(4) in paragraph (1), as designated by paragraph (3), by
amending subparagraph (B), as redesignated by paragraph (2), to
read as follows:
``(B) the number of exporters or producers subject
to the investigation or review is not so large that any
additional individual examination of such exporters or
producers would be unduly burdensome to the
administering authority and inhibit the timely
completion of the investigation or review.''; and
(5) by adding at the end the following:
``(2) Determination of unduly burdensome.--In determining
if an individual examination under paragraph (1)(B) would be
unduly burdensome, the administering authority may consider the
following:
``(A) The complexity of the issues or information
presented in the proceeding, including questionnaires
and any responses thereto.
``(B) Any prior experience of the administering
authority in the same or similar proceeding.
``(C) The total number of investigations under
subtitle A or B and reviews under section 751 being
conducted by the administering authority as of the date
of the determination.
``(D) Such other factors relating to the timely
completion of each such investigation and review as the
administering authority considers appropriate.''.
SEC. 7. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), the amendments made by this Act
shall apply with respect to goods from Canada and Mexico. | American Trade Enforcement Effectiveness Act This bill amends the Tariff Act of 1930 with respect to the administration and enforcement of antidumping (AD) and countervailing duty (CVD) orders. Neither the administering authority (the Secretary of Commerce, or another U.S. officer given the responsibility by law) nor the U.S. International Trade Commission (USITC), as the case may be, is required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if it had complied with a request for information. The USITC shall not determine that there is no material injury or threat of material injury to a domestic industry from imports merely because that industry is profitable or its performance has recently improved. This bill includes gross profits, operating profits, net profits, and ability to service debt among the relevant economic factors the USITC must evaluate in examining the impact of imports of merchandise on a domestic industry in material injury determinations. The administering authority may use another calculation methodology than the ordinary one in determining the constructed value of subject merchandise being imported at less than fair value if a particular market situation exists where the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost production in the ordinary course of trade. This bill revises requirements regarding administering authority determinations as to whether there are reasonable grounds to believe or suspect that a foreign like product is being sold at less than cost of production in AD investigations or reviews. The administering authority in making its determinations, however, shall request information necessary to calculate the constructed value and cost of production of subject merchandise in such investigations or reviews. The administering authority, in valuing the factors of production to determine the normal value of merchandise exported from a nonmarket economy country, may disregard price or cost values without further investigation if it determines that broadly available export subsidies existed or instances of subsidization occurred with respect to those price or cost values or if they were subject to an AD order. Certain factors are specified for the administering authority to consider when deciding whether it would be unduly burdensome in CVD or AD investigations and reviews to examine voluntary responses from exporters or producers which are not the subjects of the investigation or review. | {"src": "billsum_train", "title": "American Trade Enforcement Effectiveness Act"} | 2,673 | 497 | 0.497484 | 1.65097 | 0.717766 | 3.396313 | 5.24424 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sonny Bono Memorial Salton Sea
Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Salton Sea, located in Imperial County and
Riverside County, California, is an economic and environmental
resource of national importance;
(2) the Salton Sea is a critical component of the Pacific
flyway;
(3) the concentration of salinity or pollutants in the
Salton Sea has contributed to the recent deaths of migratory
waterfowl;
(4) the Salton Sea is critical as a reservoir for
irrigation and municipal and stormwater drainage;
(5) the Salton Sea provides benefits to surrounding
communities and nearby irrigation and municipal water users;
(6) remediating the Salton Sea will provide national and
international benefits; and
(7) Federal, State, and local governments have a shared
responsibility to assist in remediating the Salton Sea.
SEC. 3. DEFINITIONS.
In this Act:
(1) Salton sea authority.--The term ``Salton Sea
Authority'' means the Joint Powers Authority established under
the laws of the State of California by a Joint Power Agreement
signed on June 2, 1993.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 4. SALTON SEA RESTORATION ACTION PLAN.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary, in accordance with the memorandum of
understanding entered into under subsection (f), shall prepare an
action plan for restoring the Salton Sea in California.
(b) Contents.--The action plan shall consist of--
(1) a study of the feasibility of various alternatives for
remediating the Salton Sea;
(2) the selection of 1 or more practicable and cost-
effective options for remediating the Salton Sea; and
(3) the development of a remediation plan that will
implement the options.
(c) Objectives.--In preparing the action plan, the Secretary shall
evaluate options that will--
(1) reduce and stabilize the overall salinity of the Salton
Sea to a level between 35 and 40 parts per thousand;
(2) stabilize the surface elevation of the Salton Sea to a
level that is between 240 feet below sea level and 230 feet
below sea level;
(3) restore habitat and reclaim water quality over the long
term to promote healthy fish and wildlife resources and their
habitats in the Salton Sea;
(4) enhance the potential for recreational uses and
economic development of the Salton Sea; and
(5) ensure the continued use of the Salton Sea as a
reservoir for irrigation and municipal and stormwater drainage.
(d) Options.--In evaluating options under the action plan, the
Secretary shall--
(1) consider--
(A) using impoundments to segregate a portion of
the waters of the Salton Sea in 1 or more evaporation
ponds located in the Salton Sea basin;
(B) pumping water out of the Salton Sea;
(C) augmenting the flow of water into the Salton
Sea;
(D) improving the quality of wastewater discharges
from Mexico (including discharges from the Alamo River,
the Whitewater River, and the New River) and from other
water users in the Salton Sea basin;
(E) implementing any other economically feasible
remediation options; and
(F) implementing any combination of the actions
described in subparagraphs (A) through (E); and
(2) limit the options to economically feasible and proven
technologies.
(e) Factors.--In evaluating the feasibility of options under the
action plan, the Secretary shall consider--
(1) the ability of Federal, tribal, State, and local
government sources and private entities to fund capital
construction costs and annual operation, maintenance, energy,
and replacement costs; and
(2) how and where to dispose, permanently and safely, of
water pumped out of the Salton Sea and any salts that may be
condensed and accumulated in implementing the option.
(f) Memorandum of Understanding.--
(1) In general.--The Secretary shall carry out the action
plan under this section in accordance with a memorandum of
understanding entered into with the Salton Sea Authority, the
Governor of the State of California, and such other tribal or
local entities as the Secretary considers appropriate.
(2) Criteria.--The memorandum of understanding shall, at a
minimum, establish criteria for the evaluation and selection of
options under this section, including criteria for determining
the magnitude and practicability of costs of construction,
operation, and maintenance of each evaluated option.
(g) Relationship to Other Laws.--
(1) Reclamation laws.--
(A) In general.--An option recommended by the
action plan shall not be subject to the Act of June 17,
1902, and Acts amendatory thereof or supplementary
thereto (32 Stat. 388, chapter 1093; 43 U.S.C. 371 et
seq.) (including regulations adopted under those Acts).
(B) Nonreimbursable and nonreturnable.--Funds
provided to carry out the option shall be considered
nonreimbursable and nonreturnable.
(2) Law of the river.--An option recommended by the action
plan--
(A) shall not supersede or otherwise affect any
treaty, law, or agreement governing use of water from
the Colorado River; and
(B) shall be carried out in a manner that is
consistent with rights and obligation of persons under
all such treaties, laws, and agreements.
(h) Reports.--
(1) Interim report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress an interim report on the findings and recommendations
of the action plan, including--
(A) a summary of options considered for remediating
the Salton Sea; and
(B) a recommendation of a preferred option for
remediating the Salton Sea.
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to
Congress a final report on the findings and recommendations of
the action plan, including--
(A) a plan to implement the preferred option;
(B) a recommendation for sharing costs to carry out
the preferred option, with (at the option of the
Secretary) a different cost-sharing formula for capital
construction costs than is applied to annual operation,
maintenance, energy, and replacement costs; and
(C) the completion of all environmental compliance
and permitting activities required for any construction
activity under the preferred option.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 5. SALTON SEA RESTORATION PROJECT.
(a) In General.--Not later than 30 legislative days after the
Secretary submits the final report required under section 4(h)(2), the
Secretary shall have the authority to carry out a project for
remediating the Salton Sea that is based on the preferred option
recommended in the final report, unless otherwise directed by Congress.
(b) Legislative Day.--In subsection (a), the term ``legislative
day'' means any day on which either House of Congress is in session.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000,000.
SEC. 6. SALTON SEA WILDLIFE RESOURCES STUDIES.
(a) In General.--Concurrently with the action plan carried out
under section 4, the Secretary shall enter into contracts, grants, and
cooperative agreements with Federal and non-Federal entities to conduct
studies recommended by the Salton Sea Research Management Committee
under subsection (b)(1), including studies of hydrology, wildlife
pathology, and toxicology relating to the wildlife resources of the
Salton Sea.
(b) Salton Sea Research Management Committee.--
(1) In general.--The Secretary shall establish a committee,
to be known as the ``Salton Sea Research Management
Committee'', to make recommendations to the Secretary on the
selection of topics for studies under this section and
management of the studies.
(2) Membership.--The Committee shall be composed of 4
members, of which--
(A) 1 member shall be appointed by the Secretary;
(B) 1 member shall be appointed by the Governor of
the State of California;
(C) 1 member shall be appointed by the Torres
Martinez Desert Cahuilla Tribal Government; and
(D) 1 member shall be appointed by the Salton Sea
Authority.
(c) Coordination.--The Secretary shall ensure that studies under
this section are conducted in coordination with appropriate
international bodies, Federal agencies, and California State agencies,
including--
(1) the International Boundary and Water Commission;
(2) the United States Fish and Wildlife Service;
(3) the Environmental Protection Agency;
(4) the California Department of Water Resources;
(5) the California Department of Fish and Game;
(6) the California Resources Agency;
(7) the California Environmental Protection Agency;
(8) the California Regional Water Quality Board; and
(9) California State Parks.
(d) Peer Review.--The Secretary shall require that studies
conducted under this section be subject to peer review.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
SEC. 7. REDESIGNATION OF SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS
THE SONNY BONO SALTON SEA NATIONAL WILDLIFE REFUGE.
(a) In General.--The Salton Sea National Wildlife Refuge, in
Imperial County, California, shall be known and designated as the
``Sonny Bono Salton Sea National Wildlife Refuge''.
(b) References.--Any reference in a law, map, regulation, document,
record, or other paper of the United States to the Refuge referred to
in subsection (a) shall be deemed to be a reference to the ``Sonny Bono
Salton Sea National Wildlife Refuge''.
SEC. 8. EMERGENCY ACTION TO STABILIZE SALTON SEA SALINITY.
If, during the conduct of studies authorized by this Act, the
Secretary determines that environmental conditions at the Salton Sea
warrant immediate emergency action to stabilize the salinity of the
Salton Sea, the Secretary shall immediately submit a report to Congress
documenting the conditions and making recommendations for their
remediation, together with specific recommendations for actions to be
required and the cost of the actions. | Sonny Bono Memorial Salton Sea Restoration Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to prepare an action plan to restore the Salton Sea, located in Imperial and Riverside Counties, California. Outlines plan requirements, including reducing and stabilizing salinity, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires the plan to include a feasibility study of the various alternatives for such remediation, the development of one or more of such options, and the development of a remediation plan implementing such options. Requires the feasibility study to be completed under a memorandum of understanding between the Secretary, the Salton Sea Authority, and the Governor of California.
Preserves all current rights and obligations concerning Colorado River water use.
Requires an interim and final report from the Secretary to the Congress on the findings and recommendations of the action plan. Authorizes appropriations.
Authorizes the Secretary, 30 days after submission of such final report, to carry out a Salton Sea remediation project based on the preferred option recommended in the final report, unless otherwise directed by the Congress. Authorizes appropriations.
Directs the Secretary, concurrently with the action plan, to enter into contracts, cooperative grants and agreements with Federal and non-federal entities to conduct studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea. Directs the Secretary to establish the Salton Sea Research Management Committee to make recommendations to the Secretary on study topics and their management. Authorizes appropriations.
Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge.
Requires the Secretary, if it is determined during such studies that environmental conditions at the Salton Sea warrant immediate emergency action to stabilize salinity, to report to the Congress on such conditions and make recommendations for remediation. | {"src": "billsum_train", "title": "Sonny Bono Memorial Salton Sea Restoration Act"} | 2,325 | 427 | 0.630161 | 2.111455 | 0.934575 | 3.295775 | 5.904225 | 0.890141 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadcasters Protection
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since the creation of low-power television licenses by
the Federal Communications Commission, a small number of
license holders have operated their stations in a manner
beneficial to the public good providing broadcasting to their
communities that would not otherwise be available.
(2) These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives
and hours of operation of full-power broadcasters providing
worthwhile services to their respective communities while under
severe license limitations compared to their full-power
counterparts.
(3) License limitations, particularly the temporary nature
of the license, have blocked many low-power broadcasters from
having access to capital, and have severely hampered their
ability to continue to provide quality broadcasting,
programming, or improvements.
(4) The passage of the Telecommunications Act of 1996 has
added to the uncertainty of the future status of these stations
by the lack of specific provisions regarding the permanency of
their licenses, or their treatment during the transition to
high definition, digital television.
(5) It is in the public interest to promote diversity in
television programming such as that currently provided by low-
power television stations to foreign-language communities.
SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.
Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Preservation of Low-Power Community Television
Broadcasting.--
``(1) Creation of class a licenses.--
``(A) Rulemaking required.--Within 120 days after
the date of enactment of the Community Broadcasters
Protection Act of 1999, the Commission shall prescribe
regulations to establish a class A television license
to be available to licensees of qualifying low-power
television stations. Such regulations shall provide
that--
``(i) the license shall be subject to the
same license terms and renewal standards as the
licenses for full-power television stations
except as provided in this subsection; and
``(ii) each such class A licensee shall be
accorded primary status as a television
broadcaster as long as the station continues to
meet the requirements for a qualifying low-
power station in paragraph (2).
``(B) Notice to and certification by licensees.--
Within 30 days after the enactment of the Community
Broadcasters Protection Act of 1999, the Commission
shall send a notice to the licensees of all low-power
televisions licenses that describes the requirements
for class A designation. Within 60 days after such date
of enactment, licensees intending to seek class A
designation shall submit to the Commission a
certification of eligibility based on the qualification
requirements of this subsection. Absent a material
deficiency, the Commission shall grant certification of
eligibility to apply for class A status.
``(C) Application for and award of licenses.--
Consistent with the requirements set forth in paragraph
(2)(A) of this subsection, a licensee may submit an
application for class A designation under this
paragraph within 30 days after final regulations are
adopted pursuant to subparagraph (A) of this paragraph.
Except as provided in paragraphs (6) and (7), the
Commission shall, within 30 days after receipt of an
application of a licensee of a qualifying low-power
television station that is acceptable for filing, award
such a class A television station license to such
licensee.
``(D) Resolution of technical problems.--The
Commission shall act to preserve the service area of
each low-power television licensee pending the final
resolution of the class A application of such licensee.
If, after granting certification of eligibility for a
class A license, technical problems arise requiring an
engineering solution to a full-power station's allotted
parameters or channel assignment in the digital
television Table of Allotments, the Commission shall
make such modifications, as necessary, to ensure
replication of the full-power digital television
applicant's service area, as provided for in section
73.622 of the Commission's regulations (47 CFR 73.622).
``(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying low-
power television station if--
``(A)(i) during the 90 days preceding the date of
enactment of the Community Broadcasters Protection Act
of 1999--
``(I) such station broadcast a minimum of
18 hours per day;
``(II) such station broadcast an average of
at least 3 hours per week of programming that
was produced within the market area served by
such station, or the market area served by a
group of commonly controlled low-power stations
that carry common local programming produced
within the market area served by such group;
and
``(III) such station was in compliance with
the Commission's requirements applicable to
low-power television stations; and
``(ii) from and after the date of its application
for a class A license, the station is in compliance
with the Commission's operating rules for full-power
television stations; or
``(B) the Commission determines that the public
interest, convenience, and necessity would be served by
treating the station as a qualifying low-power
television station for purposes of this section, or for
other reasons determined by the Commission.
``(3) Common ownership.--No low-power television station
authorized as of the date of enactment of the Community
Broadcasters Protection Act of 1999 shall be disqualified for a
class A license based on common ownership with any other medium
of mass communication.
``(4) Issuance of licenses for advanced television services
to television translator stations and qualifying low-power
television stations.--The Commission is not required to issue
any additional license for advanced television services to the
licensee of a class A television station under this subsection,
or to any licensee of any television translator station, but
shall accept a license application for such services proposing
facilities that will not cause interference to the service area
of any other broadcast facility applied for, protected,
permitted, or authorized on the date of filing of the advanced
television application. Such new license or the original
license of the applicant shall be forfeited after the end of
the digital television service transition period, as determined
by the Commission. A licensee of a low-power television station
or television translator station may, at the option of
licensee, elect to convert to the provision of advanced
television services on its analog channel, but shall not be
required to convert to digital operation until the end of such
transition period.
``(5) No preemption of section 337.--Nothing in this
subsection preempts or otherwise affects section 337 of this
Act.
``(6) Interim qualification.--
``(A) Stations operating within certain
bandwidth.--The Commission may not grant a class A
license to a low-power television station for operation
between 698 and 806 megahertz, but the Commission shall
provide to low-power television stations assigned to
and temporarily operating in that bandwidth the
opportunity to meet the qualification requirements for
a class A license. If such a qualified applicant for a
class A license is assigned a channel within the
core spectrum (as such term is defined in MM Docket 87-286, February
17, 1998), the Commission shall issue a class A license simultaneously
with the assignment of such channel.
``(B) Certain channels off-limits.--The Commission
may not grant under this subsection a class A license
to a low-power television station operating on a
channel within the core spectrum that includes any of
the 175 additional channels referenced in paragraph 45
of its February 23, 1998, Memorandum Opinion and Order
on Reconsideration of the Sixth Report and Order (MM
Docket No. 87-268). Within 18 months after the date of
enactment of the Community Broadcasters Protection Act
of 1999, the Commission shall identify by channel,
location, and applicable technical parameters those 175
channels.
``(7) No interference requirement.--The Commission may not
grant a class A license, nor approve a modification of a class
A license, unless the applicant or licensee shows that the
class A station for which the license or modification is sought
will not cause--
``(A) interference within--
``(i) the predicted Grade B contour (as of
the date of enactment of the Community
Broadcasters Protection Act of 1999, or
November 1, 1999, whichever is later, or as
proposed in a change application filed on or
before such date) of any television station
transmitting in analog format; or
``(ii)(I) the digital television service
areas provided in the DTV Table of Allotments,
(II) the areas protected in the Commission's
digital television regulations (47 CFR 73.622
(e) and (f)), or (III) the digital television
service areas of stations subsequently granted
by the Commission prior to the filing of a
class A application;
``(B) interference within the protected contour of
any low-power television station or low-power
television translator station that--
``(i) was licensed prior to the date on
which the application for a class A license, or
for the modification of such a license, was
filed;
``(ii) was authorized by construction
permit prior to such date; or
``(iii) had a pending application that was
submitted prior to such date; or
``(C) interference within the protected contour of
80 miles from the geographic center of the areas listed
in section 22.625(b)(1) or 90.303 of the Commission's
regulations (47 CFR 22.625(b)(1) and 90.303) for
frequencies in--
``(i) the 470-512 megahertz band identified
in section 22.621 or 90.303 of such
regulations; or
``(ii) the 482-488 megahertz band in New
York.''. | Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming produced within such market area; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served.
Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations, or to the licensees of any television translator stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of the filing of the class A advanced television application.
States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses.
Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements.
Prohibits the FCC from granting a class A license to an LPT station operating on a channel that includes any one of the 175 additional channels referenced within a certain FCC Memorandum of Opinion and Order of Reconsideration. Directs the FCC to identify such channels within 18 months after the enactment of this Act.
Prohibits the FCC from granting a class A license unless the applicant or licensee shows that the station for which such license or modification is sought will not cause interference within the predicted Grade B contour of: (1) other television stations transmitting in analog format, or certain digital service areas, including licensed or authorized LPT stations; or (2) 80 miles from the geographic center of certain listed areas, including the 482-488 megahertz band in New York. | {"src": "billsum_train", "title": "Community Broadcasters Protection Act of 1999"} | 2,228 | 520 | 0.488605 | 1.405321 | 0.573833 | 3.40393 | 4.620087 | 0.89738 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2018''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access. This principle
is underscored in the Marrakesh Agreement Establishing the
World Trade Organization which called for ``entering into
reciprocal and mutually advantageous arrangements directed to
the substantial reduction of tariffs and other barriers to
trade and to the elimination of discriminatory treatment in
international trade relations''.
(2) The American people have a right to expect that the
promises that trade negotiators and policy makers offer in
terms of the market access opportunities that will be available
to United States businesses and their employees if trade
agreements are reached, will, in fact, be realized. A results-
oriented approach must form the basis of future trade
negotiations that includes verification procedures to ensure
that the promised market access is achieved and that reciprocal
trade benefits result.
(3) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(4) The United States market is widely recognized as one of
the most open markets in the world. Average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(5) Often the only leverage the United States has to obtain
the reduction or elimination of nontariff barriers imposed by
foreign countries is to negotiate the amount of tariffs the
United States imposes on imports from those foreign countries.
(6) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States businesses
access to a foreign market.
(b) Purpose.--The purpose of this Act is to require that United
States trade negotiations achieve measurable results for United States
businesses by ensuring that trade agreements result in expanded market
access for United States exports and not solely the elimination of
tariffs on goods imported into the United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of law, on or
after the date of the enactment of this Act, the President may not
agree to a modification of an existing duty that would reduce or
eliminate the bound or applied rate of such duty on any product in
order to carry out a trade agreement entered into between the United
States and a foreign country until the President transmits to Congress
a certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers as
having the same physical characteristics and uses as the
product for which a modification of an existing duty is sought
by the President as described in subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the President does agree
to a modification described in section 3(a), and the United States
Trade Representative determines pursuant to subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described in section 3(a)
has not been reduced or eliminated; or
(2) a tariff or nontariff barrier or policy or practice of
such government has been imposed or discovered,
the United States Trade Representative shall withdraw the modification
until such time as the President transmits to Congress a certification
described in section 3(b)(1).
(b) Investigation.--
(1) In general.--The United States Trade Representative, in
coordination with the Department of Labor, shall initiate an
investigation if an interested party files a petition with the
United States Trade Representative which alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a), and which is accompanied by
information reasonably available to the petitioner supporting
such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of an existing
duty is sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought; or
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
SEC. 5. MARKET ACCESS ASSESSMENT BY UNITED STATES INTERNATIONAL TRADE
COMMISSION.
(a) In General.--With respect to any proposed trade agreement in
which the President seeks a modification of an existing duty that would
reduce or eliminate the bound or applied rate of such duty on any
product in order to carry out a trade agreement entered into between
the United States and a foreign country, the United States
International Trade Commission shall initiate an investigation and
report as to the possible market access opportunities of the
modification or elimination of foreign tariff and nontariff measures
for United States industries producing and exporting similar products.
In preparing its report, the International Trade Commission shall
identify the tariff and nontariff measures for such products and the
expected opportunities for United States exports.
(b) Consultation.--In preparing its report under subsection (a),
the United States International Trade Commission shall, as appropriate,
seek to obtain relevant information from domestic producers of similar
products, industry associations, government representatives, and other
interested organizations.
(c) Report.--
(1) In general.--Not later than 240 days after the
President notifies Congress of his intent to enter into
negotiations for a proposed trade agreement described in
subsection (a), or not later than 45 days after the President
notifies Congress of his intent to enter into a trade
agreement, whichever occurs first, the United States
International Trade Commission shall submit to the United
States Trade Representative, the Secretary of Commerce, and
Congress the report required under subsection (a).
(2) Form.--Such report shall be submitted in unclassified
form, but may contain a classified annex, if necessary. | Reciprocal Market Access Act of 2018 This bill requires that reductions in tariff rates for imports into the United States are accompanied by reciprocal trade barrier reductions for the same U.S.-produced goods exported to the same foreign country. Before the President agrees to reduce or eliminate a rate of duty for any product to carry out a trade agreement between the United States and a foreign country, the President must certify to Congress that the foreign country has also reduced or eliminated tariff and non-tariff barriers for imports of the same goods from U.S. producers. Violations of a trade agreement by the foreign country are immediately enforceable under the bill. If the foreign country has not reduced a trade barrier as previously agreed, or has imposed a new one, the U.S. Trade Representative (USTR) shall withdraw the duty reduction for the same goods from that country. The bill allows interested parties to petition the USTR to investigate violations of trade agreements. Interested parties include manufacturers and wholesalers of the goods involved in the alleged violation, as well as unions and trade associations. The bill requires the U.S. International Trade Commission to investigate possible market access opportunities when the President seeks to reduce a rate of duty for an imported good. | {"src": "billsum_train", "title": "Reciprocal Market Access Act of 2018"} | 1,724 | 272 | 0.51998 | 1.552962 | 0.694194 | 1.831858 | 7.141593 | 0.823009 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Support for Veteran
Families and Caregivers Act of 2013''.
SEC. 2. EDUCATION PROGRAM AND PEER SUPPORT PROGRAM FOR FAMILY MEMBERS
AND CAREGIVERS OF VETERANS WITH MENTAL HEALTH DISORDERS.
(a) Programs.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish an education program (in this section referred
to as the ``education program'') and a peer support program (in
this section referred to as the ``peer support program'') for
the education and training of family members and caregivers of
eligible veterans with mental health disorders.
(2) Definitions.--In this section:
(A) Family member; caregiver.--The terms ``family
member'' and ``caregiver'' have the meaning given those
terms in section 1720G(d) of title 38, United States
Code.
(B) Eligible veteran.--The term ``eligible
veteran'' means a veteran who is enrolled in the health
care system established under section 1705(a) of title
38, United States Code.
(b) Education Program.--
(1) In general.--Under the education program, the Secretary
shall provide a course of education to family members and
caregivers of eligible veterans on matters relating to coping
with mental health disorders in veterans.
(2) Duration.--
(A) In general.--The education program shall be
carried out during the four-year period beginning on
the date of the commencement of the education program.
(B) Authority for extension.--The Secretary may
extend the duration of the education program for an
additional four years.
(3) Locations.--
(A) In general.--Except as required by subparagraph
(C), the Secretary shall carry out the education
program at the following facilities of the Department
of Veterans Affairs:
(i) Not less than 10 medical centers of the
Department.
(ii) Not less than 10 clinics of the
Department.
(iii) Not less than 10 centers for
readjustment counseling and related mental
health services for veterans under section
1712A of title 38, United States Code (commonly
referred to as ``vet centers'').
(B) Considerations.--In selecting locations for the
program, the Secretary shall consider the feasibility
and advisability of selecting locations in the
following areas:
(i) Rural areas.
(ii) Areas that are not in close proximity
to an active duty installation.
(iii) Areas in different geographic
locations.
(C) Expansion of locations.--Not later than two
years after the date of the commencement of the
education program, the Secretary shall expand the
number of facilities at which the Secretary is carrying
out the education program to include the following:
(i) Not less than 10 additional medical
centers of the Department.
(ii) Not less than 10 additional clinics of
the Department.
(iii) Not less than 10 additional vet
centers.
(4) Contracts.--
(A) In general.--In carrying out the education
program, the Secretary shall enter into contracts with
qualified entities described in subparagraph (B) to
offer the course of education described in paragraph
(5) to family members and caregivers of eligible
veterans and covered veterans.
(B) Qualified entity described.--A qualified entity
described in this subparagraph is a non-profit entity
with experience in mental health education and
outreach, including work with children, teens, and
young adults, that--
(i) uses high quality, relevant, and age-
appropriate information in educational
programming, materials, and coursework,
including such programming, materials, and
coursework for children, teens, and young
adults; and
(ii) works with agencies, departments,
nonprofit mental health organizations, early
childhood educators, and mental health
providers to develop educational programming,
materials, and coursework.
(C) Priority.--In entering into contracts under
this paragraph, the Secretary shall give priority to
qualified entities that, to the maximum extent
practicable, use Internet technology for the delivery
of course content in an effort to expand the
availability of support services, especially in rural
areas.
(5) Elements.--The course of education described in this
paragraph shall consist of not less than 10 weeks of education
and shall include the following:
(A) General education on different mental health
disorders, including information to improve
understanding of the experiences of individuals
suffering from those disorders.
(B) Techniques for handling crisis situations and
administering mental health first aid to individuals
suffering from mental health disorders.
(C) Techniques for coping with the stress of living
with someone with a mental health disorder.
(D) Information on additional services available
for family members and caregivers through the
Department or community organizations and providers
related to mental health disorders.
(E) Such other matters as the Secretary considers
appropriate.
(6) Instructors.--
(A) Training.--Each instructor of the course of
education described in paragraph (5) shall maintain a
level of proficiency in the course of education as
determined by the Secretary, and shall submit proof of
that level of proficiency to the Secretary at such time
and in such manner as the Secretary determines
appropriate.
(B) Individuals who have completed the course as
instructors.--Commencing as of the date that is two
years after the date of the commencement of the
education program, any individual who has successfully
completed the course of education described in
paragraph (5) and has successfully completed such
additional training as is required for instructors
pursuant to subparagraph (A) may act as an instructor
in the course of education.
(7) Monitoring of instruction.--
(A) In general.--The Secretary shall select mental
health care providers of the Department to monitor, in
consultation with primary care providers, the progress
of the instruction provided under the education
program. Such mental health care providers shall carry
out such monitoring by meeting quarterly with
instructors of the course of education described in
paragraph (5).
(B) Report.--Not less frequently than semiannually,
each mental health care provider selected under
subparagraph (A) shall submit to the Secretary a report
on the progress of the instruction provided under the
education program.
(c) Peer Support Program.--
(1) In general.--Under the peer support program, the
Secretary shall provide peer support to family members and
caregivers of eligible veterans on matters relating to coping
with mental health disorders in veterans.
(2) Locations.--The Secretary shall provide peer support
under the peer support program at each location at which the
Secretary provides education under the education program.
(3) Elements.--Peer support under the peer support program
shall consist of meetings in group settings between a peer
support coordinator under paragraph (4) and family members and
caregivers of eligible veterans on matters relating to coping
with mental health disorders in veterans. At each location,
those meetings shall be conducted not less often than twice
each calendar quarter.
(4) Peer support coordinator.--
(A) In general.--The Secretary, acting through the
director of each participating facility, shall select
an individual who has successfully completed the course
of education described in subsection (b)(5) to serve as
a peer support coordinator for each such facility to
carry out the peer support program.
(B) Proficiency of instructors.--Each peer support
coordinator shall maintain a level of proficiency in
peer support as determined by the Secretary, and shall
submit proof of that level of proficiency to the
Secretary at such time and in such manner as the
Secretary determines appropriate.
(5) Mentors.--The Secretary shall select a mental health
care provider of the Department to serve as a mentor to each
peer support coordinator.
(6) Monitoring of peer support coordinators.--The mental
health care providers of the Department selected under
subsection (b)(7) shall--
(A) monitor the progress of the peer support
program by meeting quarterly with peer support
coordinators; and
(B) not less frequently than semiannually, submit
to the Secretary a report on the progress of the peer
support program.
(d) Surveys.--
(1) In general.--The Secretary shall conduct a
comprehensive and statistically significant survey of the
satisfaction of individuals that have participated in the
course of education described in subsection (b)(5) and
individuals that have participated in the peer support program
that includes the following:
(A) The general satisfaction of those individuals
with the education and assistance provided in the
education program and the peer support program.
(B) The perceived effectiveness of the education
program and the peer support program in providing
education and assistance that is useful for those
individuals.
(C) The applicability of the education program and
the peer support program to the issues faced by those
individuals.
(D) Such other matters as the Secretary considers
appropriate.
(E) A representative sample of the information
required by subparagraphs (A) through (D) from each
Veterans Integrated Service Network that is
participating in the education program and the peer
support program.
(2) Compilation of information.--The information compiled
as a result of the surveys required by paragraph (1) shall be
included in the annual report required by subsection (e)(1).
(e) Reports.--
(1) Annual report.--
(A) In general.--Not later than one year after the
date of the commencement of the education program and
not later than September 30 each year thereafter until
2017, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a
report on the education program and the peer support
program.
(B) Elements.--Each report submitted under
subparagraph (A) shall include the following:
(i) The number of individuals that
participated in the course of education
described in subsection (b)(5) during the year
preceding the submission of the report.
(ii) The number of individuals that
participated in the peer support program during
the year preceding the submission of the
report.
(iii) A detailed analysis of the surveys
conducted under subsection (d) with respect to
the individuals described in clause (i) and
(ii).
(iv) A summary of feedback with respect to
the education program and the peer support
program received from the mentors selected
under subsection (c)(5) and the monitors
selected under subsection (b)(7).
(v) The degree to which veterans and family
members and caregivers of veterans are aware of
the eligibility requirements for enrollment in
the education program and the peer support
program.
(vi) Any plans for expansion of the
education program and the peer support program.
(vii) The interim findings and conclusions
of the Secretary with respect to the success of
the education program and the peer support
program.
(2) Final report.--
(A) In general.--Not later than one year after the
completion of the education program, the Secretary
shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the
feasibility and advisability of continuing the
education program and the peer support program.
(B) Elements.--The report submitted under
subparagraph (A) shall include the following:
(i) A detailed analysis of the surveys
conducted under subsection (d).
(ii) The feasibility and advisability of
continuing the education program without
entering into contracts for the course of
education described in subsection (b)(5) and
instead using peer support coordinators
selected under subsection (c)(4) as instructors
of the course of education.
(iii) The feasibility and advisability of
expanding the education program and the peer
support program. | Mental Health Support for Veteran Families and Caregivers Act of 2013 - Requires the Secretary of Veterans Affairs (VA) to: (1) enter into contracts to conduct a 4-year program (with authorization for a 4-year extension) to provide a course of education to family members and caregivers of veterans on matters relating to coping with veterans' mental health disorders; (2) carry out such program in at least 10 VA medical centers, 10 VA clinics, and 10 centers for readjustment counseling and related mental health services for veterans (vet centers); (3) expand such program (within 2 years) to include at least 10 additional medical centers, clinics, and vet centers; and (4) select VA mental health care providers to monitor the progress of the instruction provided under such education program. Requires the Secretary to: (1) establish a program to provide peer support to family members and caregivers of veterans on matters relating to coping with veterans mental health disorders; (2) provide such peer support, through group meetings conducted at least twice each calendar quarter, at each facility in which the education program is provided; (3) select an individual who has completed the education program to serve as a peer support coordinator for each facility; and (4) select a VA mental health care provider to serve as a mentor to each coordinator. Directs the Secretary to conduct a survey of the satisfaction of program participants. | {"src": "billsum_train", "title": "Mental Health Support for Veteran Families and Caregivers Act of 2013"} | 2,507 | 292 | 0.691164 | 1.910661 | 0.919961 | 3.021583 | 8.705036 | 0.942446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work Incentive and Self-Sufficiency
Act of 1996''.
SEC. 2. RETURN-TO-WORK PROGRAM FOR SOCIAL SECURITY DISABILITY INCOME
BENEFICIARIES.
(a) SSDI Work Incentive Threshold.--
(1) In general.--Section 223(a) of the Social Security Act
(42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3)(A) Except as provided in subparagraph (B), an individual's
disability insurance benefit for any month shall be reduced by such
individual's excess earnings under rules similar to the rules under
section 203, except that--
``(i) for purposes of section 203(f)(3), an individual's
excess earnings for a taxable year shall be 50 percent of the
individual's earnings for such year in excess of the product of
the applicable exempt amount and the number of months in such
year; and
``(ii) for purposes of section 203(f)(8)(D), the applicable
exempt amount for any taxable year ending after 1996 shall be
$500 for each month of such year.
``(B) In the case of an individual who is a blind or disabled
individual who is receiving benefits under this section and title XVI,
such individual's benefits under this section shall be reduced under
subparagraph (A) only after the individual's benefits under title XVI
are reduced in the same manner.''.
(2) Conforming amendments.--
(A) Section 223(a)(2) of such Act is amended by
striking ``section 202(q)'' and inserting ``paragraph
(3), section 202(q),''.
(B) Paragraphs (1) and (2) of section 1611(b) of
such Act (42 U.S.C. 1382(b)) are each amended by
striking ``The benefit'' and inserting ``Except as
provided in section 223(a)(3)(B), the benefit''.
(b) Repeal of Trial Work Period and Extended Period of
Eligibility.--
(1) Subsection (c) of section 222 of the Social Security
Act (42 U.S.C. 422) is repealed.
(2) Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is
amended--
(A) by striking ``subject to subsection (e), the
termination month'' and inserting ``the third month
following the month in which his disability ceases'';
and
(B) by striking the second sentence.
(3) Section 223 of such Act (42 U.S.C. 423) is amended by
striking subsection (e).
(4) Section 202(d)(1)(G)(i) (42 U.S.C. 402(d)(1)(G)(i)) is
amended to read as follows:
``(i) the third month following the month in which his
disability ceases,''.
(5) Section 202(d)(6)(E) (42 U.S.C. 402(d)(6)(E)) is
amended by striking ``the termination month (as defined in
paragraph (1)(G)(i)), subject to section 223(e)'' and inserting
``the third month following the month in which his disability
ceases''.
(6) Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is
amended--
(A) in the first sentence, by striking ``subject to
section 223(e),''; and
(B) by striking the second sentence and inserting
``For purposes of the preceding sentence, the
termination month for any individual shall be the third
month following the month in which her disability
ceases.''.
(7) Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is
amended--
(A) in the first sentence, by striking ``subject to
section 223(e),''; and
(B) by striking the second sentence and inserting
``For purposes of the preceding sentence, the
termination month for any individual shall be the third
month following the month in which his disability
ceases.''.
SEC. 3. CONTINUED ELIGIBILITY FOR MEDICARE BENEFITS FOR DISABLED
INDIVIDUALS WHOSE ANNUAL ADJUSTED GROSS INCOME DOES NOT
EXCEED $15,000.
Section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is
amended by striking the last 2 sentences thereof and inserting the
following: ``For purposes of this subsection, an individual who is no
longer eligible for cash benefits under section 223, after the
application of subsection (a)(3) thereof, and whose entitlement to
benefits or status as a qualified railroad retirement beneficiary as
described in paragraph (2) has subsequently terminated, shall be deemed
to be entitled to such benefits or to occupy such status
(notwithstanding the termination of such entitlement or status) for the
period of consecutive months throughout all of which the physical or
mental impairment, on which such entitlement or status was based,
continues, and until such individual's annual adjusted gross income
exceeds $15,000.''.
SEC. 4. MEDICARE BUY-IN PROVISIONS FOR DISABLED INDIVIDUALS WHO HAVE
EXHAUSTED OTHER ENTITLEMENT AND FOR DISABLED INDIVIDUALS
WHO ARE NOT OTHERWISE ELIGIBLE FOR MEDICARE BENEFITS.
(a) Change in Payment for Hospital Insurance Benefits for Disabled
Individuals Who Have Exhausted Other Entitlement.--Section 1818A(d)(2)
of the Social Security Act (42 U.S.C. 1395i-2a(d)(2)) is amended to
read as follows:
``(2)(i) The amount of an individual's monthly premium for any
calendar year under this section shall be equal to the lesser of--
``(I) 10 percent of such individual's adjusted gross income
for the preceding calendar year; or
``(II) the amount of the premium determined under section
1818(d).
``(ii) The provisions of subsections (e) and (f) of section 1818
(relating to premiums) shall apply to individuals enrolled under this
section in the same manner as such provisions apply to individuals
enrolled under that section.''.
(b) Hospital Insurance Benefits for Disabled Individuals Who Are
Not Otherwise Eligible.--Title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) is amended by inserting after section 1818A the
following new section:
``hospital insurance benefits for disabled individuals who are not
otherwise eligible
``Sec. 1818B. (a) Every individual who--
``(1) has not attained the age of 65;
``(2) would have been entitled to benefits under this part
under section 226(b) except that such individual's earnings
exceeded the substantial gainful activity amount (as defined in
section 223(d)(4));
``(3)(i) continues to have the disabling physical or mental
impairment on the basis of which the individual would have been
found to be under a disability or to have been a disabled
qualified railroad retirement beneficiary, or (ii) is blind
(within the meaning of section 216(i)(1)); and
``(4) is not otherwise entitled to benefits under this
part,
shall be eligible to enroll in the insurance program established by
this part.
``(b)(1) An individual may enroll under this section only in such
manner and form as may be prescribed in regulations, and only during an
enrollment period prescribed in regulations.
``(2) There shall be a general enrollment period during the period
beginning on January 1 and ending on March 31 of each year (beginning
with 1997).
``(c)(1) The period (in this subsection referred to as a ``coverage
period'') during which an individual is entitled to benefits under the
insurance program under this part shall begin, for an individual who
enrolls under subsection (b), on the first day of the month following
the month in which the individual so enrolls.
``(2) An individual's coverage period under this section shall
continue until the individual's enrollment is terminated as follows:
``(A) As of the month following the month in which the
Secretary provides notice to the individual that the individual
no longer meets the condition described in subsection (a)(3).
``(B) As of the month following the month in which the
individual files notice that the individual no longer wishes to
participate in the insurance program established by this part.
``(C) As of the month before the first month in which the
individual becomes eligible for hospital insurance benefits
under section 226(a) or 226A.
``(D) As of a date, determined under regulations of the
Secretary, for nonpayment of premiums.
The regulations under subparagraph (D) may provide a grace period of
not longer than 90 days, which may be extended to not to exceed 180
days in any case where the Secretary determines that there was good
cause for failure to pay the overdue premiums within such 90-day
period. Termination of coverage under this section shall result in
simultaneous termination of any coverage affected under any other part
of this title.
``(3) The provisions of subsections (h) and (i) of section 1837
apply to enrollment and nonenrollment under this section in the same
manner as they apply to enrollment and nonenrollment and special
enrollment periods under section 1818.
``(d)(1)(A) Premiums for enrollment under this section shall be
paid to the Secretary at such times, and in such manner, as the
Secretary shall by regulations prescribe, and shall be deposited in the
Treasury to the credit of the Federal Hospital Insurance Trust Fund.
``(B)(i) Subject to clause (ii), such premiums shall be payable for
the period commencing with the first month of an individual's coverage
period and ending with the month in which the individual dies or, if
earlier, in which the individual's coverage period terminates.
``(ii) Such premiums shall not be payable for any month in which
the individual is eligible for benefits under this part pursuant to
section 226(b).
``(2) The provisions of section 1818A(d)(2) shall apply to
individuals enrolled under this section in the same manner as they
apply to individuals enrolled under that section.''.
(c) Premium for Supplementary Medical Insurance Benefits for
Disabled Individuals Who Have Exhausted Other Entitlement and for
Disabled Individuals Who Are Not Otherwise Eligible.--
(1) In general.--Section 1839 of the Social Security Act
(42 U.S.C. 1395r) is amended by adding at the end the following
new subsection:
``(h)(1) Notwithstanding the provisions of subsections (a) and (e),
the monthly premium for each individual who is--
``(A) eligible for enrollment under this part because such
individual is eligible for benefits under part A under section
1818A or 1818B; and
``(B) enrolled under this part,
shall be an amount determined under paragraph (2).
``(2) The amount of monthly premium for each individual described
under paragraph (1) shall be established by the Administrator of the
Health Care Financing Administration based on the individual's adjusted
gross income, and determined over a sliding scale--
``(A) beginning at 50 percent of the monthly actuarial rate
for enrollees age 65 and over, as determined under subsection
(a)(1) and applicable to such month, for individuals who have
the minimum level of adjusted gross income established for
eligibility under section 1818A; and
``(B) ending at 100 percent of the monthly actuarial rate
for enrollees age 65 and over, as determined under subsection
(a)(1) and applicable to such month, for individuals required
to pay a monthly premium under section 1818A at the level
established under section 1818(d).''.
(2) Initial open enrollment and secondary payor
requirements for disabled individuals who are not otherwise
eligible.--
(A) Initial open enrollment.--Section 1837(g) of
the Social Security Act (42 U.S.C. 1395p(g)) is
amended--
(i) by striking ``and'' at the end of
paragraph (2)(B);
(ii) by striking the period at the end of
paragraph (3) and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(4) in the case of an individual who satisfies subsection
(f) by reason of entitlement to enroll for benefits under
section 1818B, the Secretary shall establish by regulation such
individual's initial enrollment period.''.
(B) Secondary payor.--Section 1862(b)(1)(B)(i) of
the Social Security Act (42 U.S.C. 1395y(b)(1)(B)(i))
is amended by inserting ``or entitled to enroll for
benefits under this title under section 1818B'' after
``section 226(b)''.
SEC. 5. MEDICARE/MEDICAID INTEGRATION DEMONSTRATION PROJECT.
(a) Description of Projects.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
conduct demonstration projects under this section to
demonstrate the manner in which States may use funds from the
Medicare program under title XVIII of the Social Security Act
and the Medicaid program under title XIX of such Act (in this
section referred to as the ``Medicare and Medicaid programs'')
for the purpose of providing a more cost-effective full
continuum of care for delivering services to meet the needs of
chronically-ill elderly and disabled beneficiaries who are
eligible for items and services under such programs, through
integrated systems of care, with an emphasis on case
management, prevention, and interventions designed to avoid
institutionalization whenever possible. The Secretary shall use
funds from the amounts appropriated for the Medicare and Medicaid
programs to make the payments required under subsection (d)(1).
(2) Option to participate.--A State may not require an
individual eligible to receive items and services under the
Medicare and Medicaid programs to participate in a
demonstration project under this section.
(b) Establishment.--The Secretary shall make payments in accordance
with subsection (d) for the conduct of demonstration projects that
provide for integrated systems of care in accordance with subsection
(a). Not more than 10 demonstration projects shall be conducted under
this section.
(c) Applications.--Each State, or a coalition of States, desiring
to conduct a demonstration project under this section shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require, including
an explanation of a plan for evaluating the project. The Secretary
shall approve or deny an application not later than 90 days after the
receipt of such application.
(d) Payments.--
(1) In general.--For each calendar quarter occurring during
a demonstration project conducted under this section, the
Secretary shall pay to each entity designated under paragraph
(3) an amount equal to the Federal capitated payment rate
determined under paragraph (2).
(2) Federal capitated payment rate.--The Secretary shall
determine the Federal capitated payment rate for purposes of
this section based on the anticipated Federal quarterly cost of
providing care to chronically-ill elderly and disabled
beneficiaries who are eligible for items and services under the
Medicare and Medicaid programs and who have elected to
participate in a demonstration project under this section.
(3) Designation of entity.--
(A) In general.--Each State, or coalition of
States, shall designate entities to directly receive
the payments described in paragraph (1).
(B) Requirement.--A State, or a coalition of
States, may not designate an entity under subparagraph
(A) unless such entity meets the quality, solvency, and
coverage standards applicable to providers of items and
services under the Medicare and Medicaid programs.
(4) State payments.--Each State conducting, or in the case
of a coalition of States, participating in a demonstration
project under this section shall pay to the entities designated
under paragraph (3) an amount equal to the product of (A) 100
percent minus the applicable Federal medical assistance
percentage (as defined in section 2122(e) of the Social
Security Act) for the State, and (B) the expenditures under the
project attributable to the Medicaid program for items and
services provided to chronically-ill elderly and disabled
beneficiaries who have elected to participate in the
demonstration.
(5) Budget neutrality.--The aggregate amount of Federal
payments to entities designated by a State, or coalition of
States, under paragraph (3) for a fiscal year shall not exceed
the aggregate amount of such payments that would otherwise have
been made under the Medicare and Medicaid programs for such
fiscal year for items and services provided to beneficiaries
under such programs but for the election of such beneficiaries
to participate in a demonstration project under this section.
(e) Duration.--
(1) In general.--The demonstration projects conducted under
this section shall be conducted for a 5-year period, subject to
annual review and approval by the Secretary.
(2) Termination.--The Secretary may, with 90 days' notice,
terminate any demonstration project conducted under this
section that is not in substantial compliance with the terms of
the application approved by the Secretary under this section.
(f) Oversight.--The Secretary shall establish quality standards for
evaluating and monitoring the demonstration projects conducted under
this section. Such quality standards shall include reporting
requirements which contain the following:
(1) A description of the demonstration project.
(2) An analysis of beneficiary satisfaction under such
project.
(3) An analysis of the quality of the services delivered
under the project.
(4) A description of the savings to the Medicare and
Medicaid programs as a result of the demonstration project.
SEC. 6. REPEAL OF MEDICARE AND MEDICAID COVERAGE DATA BANK.
(a) In General.--Section 13581 of the Omnibus Budget Reconciliation
Act of 1993 is hereby repealed.
(b) Application of the Social Security Act.--The Social Security
Act shall be applied and administered as if section 13581 of the
Omnibus Budget Reconciliation Act of 1993 (and the amendments made by
such section) had not been enacted.
SEC. 7. EFFECTIVE DATE.
The amendments made by sections 2, 3, and 4 shall apply with
respect to taxable years ending after 1996. | Work Incentive and Self-Sufficiency Act of 1996 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to make a variety of specified changes designed to create a work incentive policy for social security disability income (SSDI) beneficiaries by: (1) repealing the trial work period and extended period of eligibility; (2) providing for continued Medicare eligibility for disabled individuals whose annual adjusted gross income does not exceed $15,000; (3) revising payment for Medicare hospital insurance benefits for disabled individuals who have exhausted other entitlement; and (4) providing for hospital insurance benefits for certain disabled individuals who are not otherwise eligible for them. Revises the premium for supplementary medical insurance benefits for disabled individuals who have exhausted other entitlement and for certain disabled individuals who are not otherwise eligible.
Directs the Secretary of Health and Human Services to conduct projects to demonstrate the manner in which States may use funds from the Medicare and Medicaid programs to provide a more cost-effective full continuum of care for delivering services to meet the needs of chronically-ill elderly and disabled beneficiaries who are eligible for items and services under such programs, through integrated systems of care, with an emphasis on case management, prevention, and interventions designed to avoid institutionalization whenever possible.
Amends the Omnibus Budget Reconciliation Act of 1993 to repeal the Medicare and Medicaid Coverage Data Bank. | {"src": "billsum_train", "title": "Work Incentive and Self-Sufficiency Act of 1996"} | 4,148 | 302 | 0.528961 | 1.542695 | 0.740071 | 5.051282 | 13.450549 | 0.92674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Access to Preventative
Services Act of 2010''.
SEC. 2. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
(a) Federal Health Care Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
directly or as a condition on the receipt of Federal funds, use
any recommendation of the Preventive Services Task Force
convened under section 915(a) of the Public Health Service Act
(42 U.S.C. 299b-4) (or any successor task force) to deny or
restrict coverage of an item or service under a Federal health
care program (including the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.), the
Medicaid program under title XIX of the Social Security Act (42
U.S.C. 1396-1 et seq.), and the National Breast and Cervical
Cancer Early Detection Program under title XV of the Public
Health Service Act (42 U.S.C. 300k et seq.).
(2) Definitions.--In this subsection:
(A) The terms ``group health plan'', ``health
insurance coverage'', and ``health insurance issuer''
have the meanings given to those terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91).
(B) The term ``Federal health care program'' has
the meaning given to such term in section 1128B(f) of
the Social Security Act (42 U.S.C. 1320a-7b(f)).
(b) Group Health Plans and Health Insurance.--
(1) Amendments to public health service act.--
(A) Group market.--Subpart 2 of part A of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg
et seq.) is amended by adding at the end the following:
``SEC. 2708. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Individual market.--Subpart 1 of part B of
title XXVII of the Public Health Service Act (42 U.S.C.
300gg-41 et seq.) is amended by adding at the end the
following:
``SEC. 2746. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as such provisions apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.''.
(2) Amendments to erisa.--
(A) In general.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end
the following:
``SEC. 715. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Clerical amendment.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 714 the following new item:
``Sec. 715. No denial or restriction of coverage based on Task Force
recommendations.''.
(3) Amendments to internal revenue code.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (relating to group health
plan requirements) is amended by adding at the end the
following:
``SEC. 9814. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by
inserting after the item relating to section 9813 the
following new item:
``Sec. 9814. No denial or restriction of coverage based on Task Force
recommendations.''.
(4) Effective date.--The amendments made by paragraphs
(1)(A), (2), and (3) of this subsection shall apply with
respect to plan years beginning on or after the date of the
enactment of this Act. The amendment made by paragraph (1)(B)
of this subsection applies with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
SEC. 3. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND SERVICES.
(a) Amendments to Public Health Service Act.--
(1) Group market.--Subpart 2 of part A of title XXVII of
the Public Health Service Act (42 U.S.C. 300gg et seq.), as
amended by section 2 of this Act, is amended by adding at the
end the following:
``SEC. 2709. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan and a health insurance
issuer offering group health insurance coverage shall, in determining
which preventive items and services to provide coverage for under the
plan or coverage, consult the medical guidelines and recommendations of
relevant professional medical organizations of relevant medical
practice areas (such as the American Society of Clinical Oncology, the
American College of Surgeons, the American College of Radiology, the
Society of Breast Imaging, the American College of Radiation Oncology,
the American College of Obstetricians and Gynecologists, and other
similar organizations), including guidelines and recommendations
relating to the coverage of women's preventive services (such as
mammograms and cervical cancer screenings). The plan administrator
shall disclose such guidelines and recommendations to enrollees as part
of a summary of benefits and coverage provided to enrollees.''.
(2) Individual market.--Subpart 1 of part B of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.)
is amended by adding at the end the following:
``SEC. 2747. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as such provisions apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.''.
(b) Amendments to ERISA.--
(1) In general.--Subpart B of part 7 of title I of the
Employee Retirement Income Security Act of 1974 (as amended by
section 2) is amended by adding at the end the following:
``SEC. 716. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan and a health insurance
issuer offering group health insurance coverage shall, in determining
which preventive items and services to provide coverage for under the
plan or coverage, consult the medical guidelines and recommendations of
relevant professional medical organizations of relevant medical
practice areas (such as the American Society of Clinical Oncology, the
American College of Surgeons, the American College of Radiology, the
Society of Breast Imaging, the American College of Radiation Oncology,
the American College of Obstetricians and Gynecologists, and other
similar organizations), including guidelines and recommendations
relating to the coverage of women's preventive services (such as
mammograms and cervical cancer screenings). The plan administrator of
the group health plan shall disclose such guidelines and
recommendations to participants and beneficiaries as part of the
summary plan description required to be provided under section 102, and
any failure to so disclose such guidelines and recommendations shall be
treated as a violation of section 102.''.
(2) Clerical amendment.--The table of contents in section 1
of such Act (as amended by section 2) is amended by inserting
after the item relating to section 715 the following new item:
``Sec. 716. Determinations of coverage of preventive items and
services.''.
(c) Amendments to Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (as amended by section 2) is
amended by adding at the end the following:
``SEC. 9814. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan shall, in determining
which preventive items and services to provide coverage for under the
plan, consult the medical guidelines and recommendations of relevant
professional medical organizations of relevant medical practice areas
(such as the American Society of Clinical Oncology, the American
College of Surgeons, the American College of Radiology, the Society of
Breast Imaging, the American College of Radiation Oncology, the
American College of Obstetricians and Gynecologists, and other similar
organizations), including guidelines and recommendations relating to
the coverage of women's preventive services (such as mammograms and
cervical cancer screenings). The plan administrator shall disclose such
guidelines and recommendations to participants and beneficiaries as
part of a summary of benefits and coverage provided to participants and
beneficiaries.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by
inserting after the item relating to section 9813 the following
new item:
``Sec. 9814. Determinations of coverage of preventive items and
services.''.
(d) Effective Date.--The amendments made by subsections (a)(1),
(b), and (c) of this section shall apply with respect to plan years
beginning on or after the date of the enactment of this Act. The
amendment made by subsection (a)(2) of this section applies with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after such date. | Safeguarding Access to Preventative Services Act of 2010 - Prohibits the Secretary of Health and Human Services (HHS) from using any recommendation of the Preventive Services Task Force to deny or restrict coverage of an item or service under a federal health care program (including Medicare, Medicaid, and the National Breast and Cervical Cancer Early Detection Program).
Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to: (1) prohibit a group health plan from using any recommendation of that Task Force to deny or restrict coverage; (2) require the sponsor of a group health plan, in determining which preventive items and services to provide coverage for, to consult the medical guidelines and recommendations of relevant professional medical organizations of relevant practice areas, including those relating to the coverage of women's preventive services; and (3) require the plan administrator to disclose such guidelines and recommendations as part of a summary of benefits and coverage provided to participants. Amends PHSA to apply such requirements to health insurance coverage offered by a health insurance issuer in the individual market in the same manner it applies to coverage offered in the group market. | {"src": "billsum_train", "title": "To prohibit the use of any recommendation of the Preventive Services Task Force (or any successor task force) to deny or restrict coverage of an item or service under a Federal health care program, a group health plan, or a health insurance issuer, and for other purposes."} | 2,504 | 258 | 0.581403 | 1.68966 | 0.682185 | 4.982609 | 9.104348 | 0.921739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Broadcast Ownership
Opportunities Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One of the main missions of the Federal Communications
Commission, and a compelling governmental interest, is to
ensure that there is a diversity of ownership and viewpoints in
the broadcasting industry.
(2) The Commission should continue to collect relevant data
and conduct studies on such diversity and make appropriate
recommendations to Congress on how to increase the number of
minority- and women-owned broadcast stations.
(3) Data from 2014 shows that, of the over 1,700 commercial
broadcast television stations in the United States, less than 6
percent are owned by women, and less than 3 percent are
minority-owned. With respect to radio stations, women owned
approximately 7 percent of FM broadcast radio stations, and
minorities owned less than 3 percent of such stations.
(4) Women and minority ownership is 5 to 10 times higher in
other industries than in the broadcasting industry.
(5) During the 17 years that a minority tax certificate
program was in place at the Commission (from 1978 to 1995), the
Commission issued 287 certificates for radio stations and 40
certificates for television stations.
(6) The Commission can also support minority- and women-
owned entrants into the broadcasting industry by implementing
an incubator program in which existing licensees assist new
entrants in the operation of broadcast stations.
SEC. 3. FCC REPORTS TO CONGRESS.
(a) Biennial Report Containing Recommendations for Increasing
Number of Minority- and Women-Owned Broadcast Stations.--Not later than
180 days after the date of the enactment of this Act, and not less
frequently than every 2 years thereafter, the Commission shall submit
to Congress a report containing recommendations for how to increase the
total number of broadcast stations that are owned or controlled by
members of minority groups or women, or by both members of minority
groups and women.
(b) Biennial Report on Number of Minority- and Women-Owned
Broadcast Stations.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than every 2 years
thereafter, the Commission shall submit to Congress a report that
states the total number of broadcast stations that are owned or
controlled by members of minority groups or women, or by both members
of minority groups and women, based on data reported to the Commission
on Form 323.
SEC. 4. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS
FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY
DISADVANTAGED INDIVIDUALS.
(a) Requirements for Issuance of Certificate by FCC.--
(1) In general.--Part I of title III of the Communications
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the
end the following:
``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS
FURTHERING OWNERSHIP BY SOCIALLY AND ECONOMICALLY
DISADVANTAGED INDIVIDUALS.
``(a) Issuance of Certificate by Commission.--Upon application by a
person who engages in a sale of an interest in a broadcast station
described in subsection (b), subject to the rules adopted by the
Commission under subsection (c), the Commission shall issue to such
person a certificate stating that such sale meets the requirements of
this section.
``(b) Sales Described.--The sales described in this subsection are
the following:
``(1) Sale resulting in ownership by socially and
economically disadvantaged individuals.--A sale--
``(A) of an interest in a broadcast station that,
before such sale, is not owned by socially and
economically disadvantaged individuals; and
``(B) that results in the station being owned by
socially and economically disadvantaged individuals.
``(2) Sale by investor in station owned by socially and
economically disadvantaged individuals.--In the case of a
person who has contributed capital in exchange for an interest
in a broadcast station that is owned by socially and
economically disadvantaged individuals, a sale by such person
of some or all of such interest.
``(c) Rules.--The Commission shall adopt rules for the issuance of
a certificate under subsection (a) that provide for the following:
``(1) Limit on value of sale.--A limit on the value of an
interest the sale of which qualifies for the issuance of such a
certificate.
``(2) Minimum holding period.--In the case of a sale
described in subsection (b)(1), a minimum period following the
sale during which the broadcast station must remain owned by
socially and economically disadvantaged individuals.
``(3) Cumulative limit on number or value of sales.--A
limit on the total number of sales or the total value of sales,
or both, for which a person may be issued certificates under
subsection (a).
``(4) Participation in station management by socially and
economically disadvantaged individuals.--Requirements for
participation by socially and economically disadvantaged
individuals in the management of the broadcast station.
``(d) Annual Report to Congress.--The Commission shall submit to
Congress an annual report describing the sales for which certificates
have been issued under subsection (a) during the period covered by the
report.
``(e) Definitions.--In this section:
``(1) Owned by socially and economically disadvantaged
individuals.--The term `owned by socially and economically
disadvantaged individuals' means, with respect to a broadcast
station, that--
``(A) such station is at least 51 percent owned by
one or more socially and economically disadvantaged
individuals, or, in the case of any publicly owned
broadcast station, at least 51 percent of the stock of
such station is owned by one or more socially and
economically disadvantaged individuals; and
``(B) the management and daily business operations
of such station are controlled by one or more of such
individuals.
``(2) Socially and economically disadvantaged individual.--
The term `socially and economically disadvantaged individual'
means an individual who is socially and economically
disadvantaged. The Commission shall presume that socially and
economically disadvantaged individuals include--
``(A) Black Americans, Hispanic Americans, Native
Americans, Asian Pacific Americans, and other
minorities; and
``(B) women.
``(3) Socially disadvantaged individual.--The term
`socially disadvantaged individual' means an individual who has
been subjected to racial or ethnic prejudice or cultural bias
because of the identity of the individual as a member of a
group without regard to the individual qualities of the
individual.
``(4) Economically disadvantaged individual.--The term
`economically disadvantaged individual' means a socially
disadvantaged individual whose ability to compete in the free
enterprise system has been impaired due to diminished capital
and credit opportunities as compared to others in the same
business area who are not socially disadvantaged. In
determining the degree of diminished credit and capital
opportunities, the Commission shall consider, but not be
limited to, the assets and net worth of such socially
disadvantaged individual.''.
(2) Deadline for adoption of rules.--The Commission shall
adopt rules to implement section 344 of the Communications Act
of 1934, as added by paragraph (1), not later than 1 year after
the date of the enactment of this Act.
(3) Report to congress on program expansion.--Not later
than 6 years after the date of the enactment of this Act, the
Commission shall submit to Congress a report regarding whether
Congress should expand section 344 of the Communications Act of
1934, as added by paragraph (1), beyond broadcast stations to
cover other entities regulated by the Commission.
(4) Report to congress on nexus between diversity of
ownership and diversity of viewpoint.--Not later than 6 years
after the date of the enactment of this Act, and not less
frequently than every 5 years thereafter until the amendments
made by this section cease to apply in accordance with
subsection (d), the Commission shall submit to Congress a
report, including supporting data, on whether there is a nexus
between diversity of ownership or control of broadcast stations
(including ownership or control by members of minority groups
or women, or by both members of minority groups and women) and
diversity of the viewpoints expressed in the matter broadcast
by broadcast stations.
(b) Nonrecognition of Gain or Loss for Tax Purposes.--
(1) In general.--Subchapter O of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after part IV the
following new part:
``PART V--SALE OF INTEREST IN CERTAIN BROADCAST STATIONS.
``SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN
CERTAIN BROADCAST STATIONS.
``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in
a broadcast station, within the meaning of section 344 of the
Communications Act of 1934, is certified by the Federal Communications
Commission under such section, such sale shall, if the taxpayer so
elects, be treated as an involuntary conversion of such property within
the meaning of section 1033. For purposes of such section as made
applicable by the provisions of this section, stock of a corporation
operating a broadcast station shall be treated as property similar or
related in service or use to the property so converted. The part of the
gain, if any, on such sale to which section 1033 is not applied shall
nevertheless not be recognized, if the taxpayer so elects, to the
extent that it is applied to reduce the basis for determining gain or
loss on any such sale, of a character subject to the allowance for
depreciation under section 167, remaining in the hands of the taxpayer
immediately after the sale, or acquired in the same taxable year. The
manner and amount of such reduction shall be determined under
regulations prescribed by the Secretary. Any election made by the
taxpayer under this section shall be made by a statement to that effect
in his return for the taxable year in which the sale takes place, and
such election shall be binding for the taxable year and all subsequent
taxable years.
``(b) Minimum Holding Period; Continued Management.--If--
``(1) there is nonrecognition of gain or loss to a taxpayer
under this section with respect to a sale of property
(determined without regard to this paragraph), and
``(2) the taxpayer ceases to fulfill any requirements of
the rules adopted by the Federal Communications Commission
under paragraph (2) or (4) of section 344(c) of the
Communications Act of 1934 (as such rules are in effect on the
date of such sale),
there shall be no nonrecognition of gain or loss under this section to
the taxpayer with respect to such sale, except that any gain or loss
recognized by the taxpayer by reason of this subsection shall be taken
into account as of the date on which the taxpayer so ceases to fulfill
such requirements.
``(c) Basis.--For basis of property acquired on a sale treated as
an involuntary conversion under subsection (a), see section 1033(b).''.
(2) Clerical amendment.--The table of parts for subchapter
O of chapter 1 of the Internal Revenue Code of 1986 is amended
by inserting after the item related to part IV the following
new part:
``Part V--Sale of Interest in Certain Broadcast Stations
``Section 1071. Nonrecognition of gain or loss from sale of interest in
certain broadcast stations.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to sales of interests in broadcast stations after
the date that is 1 year after the date of the enactment of this Act.
(d) Sunset.--The amendments made by this section shall not apply
with respect to sales of interests in broadcast stations after the date
that is 16 years after the date of the enactment of this Act.
SEC. 5. INCUBATOR PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall establish a program under
which the Commission may grant a waiver of paragraph (a), (b), or (c)
of section 73.3555 of title 47, Code of Federal Regulations, to a
licensee of a broadcast station to enable the licensee to acquire an
interest that would otherwise be prohibited by such paragraph in a
broadcast station that is owned by socially and economically
disadvantaged individuals.
(b) Report to Congress.--The Commission shall submit to Congress a
report on the effectiveness of the program established under subsection
(a) not later than the date that is 4 years after the date on which the
Commission establishes the program under such subsection.
(c) Sunset.--The Commission may not grant a waiver under subsection
(a) after the date that is 5 years after the date on which the
Commission establishes the program under such subsection.
SEC. 6. DEFINITIONS.
In this Act:
(1) Broadcast station.--The term ``broadcast station'' has
the meaning given such term in section 3 of the Communications
Act of 1934 (47 U.S.C. 153).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Owned by socially and economically disadvantaged
individuals.--The term ``owned by socially and economically
disadvantaged individuals'' has the meaning given such term in
section 344 of the Communications Act of 1934, as added by
section 4. | Expanding Broadcast Ownership Opportunities Act of 2017 This bill amends the Communications Act of 1934 and the Internal Revenue Code to reestablish a tax certificate program under which the Federal Communications Commission (FCC) certifies a person's sale of an interest in a broadcast station to socially and economically disadvantaged minorities or women in order for the seller to elect to treat the sale as an involuntary conversion for which no gain is recognized for tax purposes or as an unrecognized gain to reduce the basis for determining gain or loss subject to an allowance for a depreciation deduction. The FCC must adopt rules for the issuance of such certificates to: (1) limit the value of an interest the sale of which qualifies for such a certificate, (2) establish a minimum holding period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals, (3) limit the total number or value of sales for which a person may be issued certificates, and (4) require participation by socially and economically disadvantaged individuals in the management of the broadcast station. The FCC must report on: (1) recommendations to increase the total number of broadcast stations owned or controlled by minority groups or women, (2) annual sales for which certificates have been issued, (3) whether to expand the tax certificate program beyond broadcast stations to other FCC-regulated entities, and (4) whether there is a nexus between diversity of ownership or control of broadcast stations and diversity of the viewpoints broadcast by the stations. The FCC must also establish a five-year pilot incubator program to grant waivers from ownership rules (local radio ownership rules, local television multiple ownership rules, or radio-television cross-ownership rules) to licensees to enable them to acquire an otherwise prohibited interest in a broadcast station owned by socially and economically disadvantaged individuals. | {"src": "billsum_train", "title": "Expanding Broadcast Ownership Opportunities Act of 2017"} | 3,048 | 394 | 0.594282 | 1.898551 | 0.638205 | 3.485714 | 7.791429 | 0.942857 |
SECTION 1. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT
TRANSACTIONS.
``(a) Requirement of Reporting of Certain Payments.--
``(1) In general.--Every person who acquires a life
insurance contract or any interest in a life insurance contract
in a reportable policy sale during any taxable year shall make
a return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of such person,
``(B) the name, address, and TIN of each recipient
of payment in the reportable policy sale,
``(C) the date of such sale,
``(D) the name of the issuer of the life insurance
contract sold and the policy number of such contract,
and
``(E) the amount of each payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to such person, except that in the
case of an issuer of a life insurance contract, such
statement is not required to include the information
specified in paragraph (1)(E).
``(b) Requirement of Reporting of Seller's Basis in Life Insurance
Contracts.--
``(1) In general.--Upon receipt of the statement required
under subsection (a)(2) or upon notice of a transfer of a life
insurance contract to a foreign person, each issuer of a life
insurance contract shall make a return (at such time and in
such manner as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the seller who
transfers any interest in such contract in such sale,
``(B) the investment in the contract (as defined in
section 72(e)(6)) with respect to such seller, and
``(C) the policy number of such contract.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each seller whose name is
required to be set forth in such return.
``(c) Requirement of Reporting With Respect to Reportable Death
Benefits.--
``(1) In general.--Every person who makes a payment of
reportable death benefits during any taxable year shall make a
return for such taxable year (at such time and in such manner
as the Secretary shall prescribe) setting forth--
``(A) the name, address, and TIN of the person
making such payment,
``(B) the name, address, and TIN of each recipient
of such payment,
``(C) the date of each such payment, and
``(D) the amount of each such payment.
``(2) Statement to be furnished to persons with respect to
whom information is required.--Every person required to make a
return under this subsection shall furnish to each person whose
name is required to be set forth in such return a written
statement showing--
``(A) the name, address, and phone number of the
information contact of the person required to make such
return, and
``(B) the information required to be shown on such
return with respect to each recipient of payment whose
name is required to be set forth in such return.
``(d) Definitions.--For purposes of this section:
``(1) Payment.--The term `payment' means the amount of cash
and the fair market value of any consideration transferred in a
reportable policy sale.
``(2) Reportable policy sale.--The term `reportable policy
sale' has the meaning given such term in section 101(a)(3)(B).
``(3) Issuer.--The term `issuer' means any life insurance
company that bears the risk with respect to a life insurance
contract on the date any return or statement is required to be
made under this section.
``(4) Reportable death benefits.--The term `reportable
death benefits' means amounts paid by reason of the death of
the insured under a life insurance contract that has been
transferred in a reportable policy sale.''.
(b) Clerical Amendment.--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 inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Returns relating to certain life insurance contract
transactions.''.
(c) Conforming Amendments.--
(1) Subsection (d) of section 6724 of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``or'' at the end of clause (xxiv)
of paragraph (1)(B), by striking ``and'' at the end of
clause (xxv) of such paragraph and inserting ``or'',
and by inserting after such clause (xxv) the following
new clause:
``(xxvi) section 6050X (relating to returns
relating to certain life insurance contract
transactions), and'', and
(B) by striking ``or'' at the end of subparagraph
(GG) of paragraph (2), by striking the period at the
end of subparagraph (HH) of such paragraph and
inserting ``, or'', and by inserting after such
subparagraph (HH) the following new subparagraph:
``(II) subsection (a)(2), (b)(2), or (c)(2) of
section 6050X (relating to returns relating to certain
life insurance contract transactions).''.
(2) Section 6047 of such Code is amended--
(A) by redesignating subsection (g) as subsection
(h),
(B) by inserting after subsection (f) the following
new subsection:
``(g) Information Relating to Life Insurance Contract
Transactions.--This section shall not apply to any information which is
required to be reported under section 6050X.'', and
(C) by adding at the end of subsection (h), as so
redesignated, the following new paragraph:
``(4) For provisions requiring reporting of information
relating to certain life insurance contract transactions, see
section 6050X.''.
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) reportable policy sales after December 31, 2012, and
(2) reportable death benefits paid after December 31, 2012.
SEC. 2. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS.
(a) In General.--Paragraph (1) of section 1016(a) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (A) and all
that follows and inserting the following:
``(A) for--
``(i) taxes or other carrying charges
described in section 266; or
``(ii) expenditures described in section
173 (relating to circulation expenditures),
for which deductions have been taken by the taxpayer in
determining taxable income for the taxable year or
prior taxable years; or
``(B) for mortality, expense, or other reasonable
charges incurred under an annuity or life insurance
contract;''.
(b) Effective Date.--The amendment made by this section shall apply
to transactions entered into after August 25, 2009.
SEC. 3. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES.
(a) In General.--Subsection (a) of section 101 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Exception to valuable consideration rules for
commercial transfers.--
``(A) In general.--The second sentence of paragraph
(2) shall not apply in the case of a transfer of a life
insurance contract, or any interest therein, which is a
reportable policy sale.
``(B) Reportable policy sale.--For purposes of this
paragraph, the term `reportable policy sale' means the
acquisition of an interest in a life insurance
contract, directly or indirectly, if the acquirer has
no substantial family, business, or financial
relationship with the insured apart from the acquirer's
interest in such life insurance contract. For purposes
of the preceding sentence, the term `indirectly'
applies to the acquisition of an interest in a
partnership, trust, or other entity that holds an
interest in the life insurance contract.''.
(b) Conforming Amendment.--Paragraph (1) of section 101(a) of the
Internal Revenue Code of 1986 is amended by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after December 31, 2012. | Amends the Internal Revenue Code, with respect to the tax treatment of certain life insurance contract transactions, to require reporting to the Internal Revenue Service (IRS) of: (1) information identifying persons who acquire a life insurance contract, or any interest therein, in a reportable policy sale; (2) information identifying a seller who transfers an interest in a life insurance contract and the seller's investment in the contract; and (3) reportable death benefit payments.
Requires a basis adjustment for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract.
Exempts from rules limiting the exclusion from gross income of life insurance death benefit amounts any amounts realized from the transfer of a life insurance contract, or any interest therein, that is a reportable policy sale. Defines "reportable policy sale" as the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of certain life insurance contract transactions, and for other purposes."} | 2,146 | 233 | 0.529648 | 1.53732 | 0.749966 | 4.330097 | 9.592233 | 0.883495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tropical Forest and Coral
Conservation Reauthorization Act of 2007''.
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE.
(a) In General.--Section 801 of the Tropical Forest Conservation
Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and inserting
``Tropical Forest and Coral Conservation Act of 2007''.
(b) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be
a reference to the ``Tropical Forest and Coral Conservation Act of
2007''.
SEC. 3. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS.
(a) In General.--Section 802 of the Tropical Forest and Coral
Conservation Act of 2007 (22 U.S.C. 2431), as renamed by section 2(a),
is amended--
(1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3),
and (b)(4), by striking ``tropical forests'' each place it
appears and inserting ``tropical forests and coral reefs and
associated coastal marine ecosystems'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``resources,
which are the basis for developing pharmaceutical
products and revitalizing agricultural crops'' and
inserting ``resources''; and
(B) in subparagraph (C), by striking ``far-flung'';
and
(3) in subsection (b)(2)--
(A) by striking ``tropical forests'' the first
place it appears and inserting ``tropical forests and
coral reefs and associated coastal marine ecosystems'';
(B) by striking ``tropical forests'' the second
place it appears and inserting ``areas'';
(C) by striking ``tropical forests'' the third
place it appears and inserting ``tropical forests and
coral reefs and their associated coastal marine
ecosystems''; and
(D) by striking ``that have led to deforestation''
and inserting ``on such countries''.
(b) Amendments Related to Definitions.--Section 803 of such Act (22
U.S.C. 2431a) is amended--
(1) in paragraph (5)--
(A) in the heading, by striking ``tropical forest''
and inserting ``tropical forest or coral reef'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest or coral reef''; and
(C) in subparagraph (B), by striking ``tropical
forest'' and inserting ``tropical forest or coral
reef''.
(2) by adding at the end the following new paragraphs:
``(10) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), and Coenothecalia (blue
coral), of the class Anthoza; and
``(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
``(11) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of coral.
``(12) Associated coastal marine ecosystem.--The term
`associated coastal marine ecosystem' means any coastal marine
ecosystem surrounding, or directly related to, a coral reef and
important to maintaining the ecological integrity of that coral
reef, such as seagrasses, mangroves, sandy seabed communities,
and immediately adjacent coastal areas.''.
SEC. 4. CHANGE TO NAME OF FACILITY.
(a) In General.--Section 804 of the Tropical Forest and Coral
Conservation Act of 2007 (22 U.S.C. 2431b), as renamed by section 2(a),
is amended by striking ``Tropical Forest Facility'' and inserting
``Conservation Facility''.
(b) Conforming Amendments to Definitions.--Section 803(8) of such
Act (22 U.S.C. 2431a(8)) is amended--
(1) in the heading, by striking ``Tropical forest
facility'' and inserting ``Conservation facility''; and
(2) by striking ``Tropical Forest Facility'' both places it
appears and inserting ``Conservation Facility''.
(c) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Facility'' shall be deemed to be a reference to
the ``Conservation Facility''.
SEC. 5. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest and Coral Conservation Act of
2007 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by
striking ``tropical forest'' and inserting ``tropical forest or coral
reef''.
SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS.
Section 808(a)(5) of the Tropical Forest and Coral Conservation Act
of 2007 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended
by adding at the end the following new subparagraph:
``(C) United states government representation on
the administering body.--One or more individuals
appointed by the United States Government may serve in
an official capacity on the administering body that
oversees the implementation of grants arising from a
debt-for-nature swap or debt buy-back regardless of
whether the United States is a party to any agreement
between the eligible purchaser and the government of
the beneficiary country.''.
SEC. 7. CONSERVATION AGREEMENTS.
(a) Renaming of Agreements.--Section 809 of the Tropical Forest and
Coral Conservation Act of 2007 (22 U.S.C. 2431g), as renamed by section
2(a), is amended--
(1) in the section heading, by striking ``tropical forest
agreement'' and inserting ``conservation agreement''; and
(2) in subsection (a)--
(A) by striking ``Authority'' and all that follows
through ``(1) In general.--The Secretary'' and
inserting ``Authority.--The Secretary''; and
(B) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''.
(b) Elimination of Requirement To Consult With the Enterprise for
the Americas Board.--Such subsection is further amended by striking
paragraph (2).
(c) Role of Beneficiary Countries.--Such section is further
amended--
(1) in subsection (e)(1)(C), by striking ``in exceptional
circumstances, the government of the beneficiary country'' and
inserting ``in limited circumstances, the government of the
beneficiary country when needed to improve governance and
enhance management of tropical forests or coral reefs or
associated coastal marine ecosystems, without replacing
existing levels of financial efforts by the government of the
beneficiary country and with priority given to projects that
complement grants made under subparagraphs (A) and (B)''; and
(2) by amending subsection (f) to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund must be approved by the Government of the United States and
the government of the beneficiary country.''.
(d) Technical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2)(A)(i), by inserting ``to serve in
an official capacity'' after ``Government'';
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``tropical forests'' and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems related to such coral reefs'';
(B) in paragraph (5), by striking ``tropical
forest''; and
(C) in paragraph (6), by striking ``living in or
near a tropical forest in a manner consistent with
protecting such tropical forest'' and inserting
``dependent on a tropical forest or coral reef or an
associated coastal marine ecosystem related to such
coral reef and related resources in a manner consistent
with conserving such resources''.
(e) Conforming Amendments to Definitions.--Section 803(7) of such
Act (22 U.S.C. 2431a(7)) is amended--
(1) in the heading, by striking ``Tropical forest
agreement'' and inserting ``Conservation agreement''; and
(2) by striking ``Tropical Forest Agreement'' both places
it appears and inserting ``Conservation Agreement''.
SEC. 8. CONSERVATION FUND.
(a) In General.--Section 810 of the Tropical Forest and Coral
Conservation Act of 2007 (22 U.S.C. 2431h), as renamed by section 2(a),
is amended--
(1) in the section heading, by striking ``tropical forest
fund'' and inserting ``conservation fund''; and
(2) in subsection (a)--
(A) by striking ``Tropical Forest Agreement'' and
inserting ``Conservation Agreement''; and
(B) by striking ``Tropical Forest Fund'' and
inserting ``Conservation Fund''.
(b) Conforming Amendments to Definitions.--Such Act is further
amended--
(1) in section 803(9) (22 U.S.C. 2431a(9))--
(A) in the heading, by striking ``Tropical forest
fund'' and inserting ``Conservation fund''; and
(B) by striking ``Tropical Forest Fund'' both
places it appears and inserting ``Conservation Fund'';
(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''; and
(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by
striking ``Tropical Forest Fund'' and inserting ``Conservation
Fund''.
SEC. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO
CARRY OUT ACTIVITIES UNDER THE FOREST AND CORAL
CONSERVATION ACT OF 2007.
(a) In General.--Section 811 of the Tropical Forest and Coral
Conservation Act of 2007 (22 U.S.C. 2431i), as renamed by section 2(a),
is repealed.
(b) Conforming Amendments.--Section 803 of such Act (22 U.S.C.
2431a), as renamed by section 2(a), is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (4), (5), (6), (7), and (8), respectively.
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
Section 813 of the Tropical Forest and Coral Conservation Act of
2007 (22 U.S.C. 2431k), as renamed by section 2(a), is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Not later than
December 31'' and inserting ``Not later than April
15'';
(B) by striking ``Facility'' both places it appears
and inserting ``Conservation Facility''; and
(C) by striking ``fiscal year'' both places it
appears and inserting ``calendar year''; and
(2) by striking subsection (b).
SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY
ELIGIBILITY.
Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C.
2430b(a)(5)) is amended--
(1) by striking ``or, as appropriate in exceptional
circumstances,'' and inserting ``or'';
(2) in subparagraph (A)--
(A) by striking ``or in exceptional circumstances,
a Fund monitored program or its equivalent,'' and
inserting ``or a Fund monitored program, or is
implementing sound macroeconomic policies,''; and
(B) by striking ``(after consultation with the
Enterprise for the Americas Board)''; and
(3) in subparagraph (B), by striking ``(after consultation
with the Enterprise for Americas Board)''.
SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT
AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND
ADMINISTRATION EXPENSES.
Section 806 of the Tropical Forest and Coral Conservation Act of
2007 (22 U.S.C. 2431d), as renamed by section 2(a), is amended--
(1) in subsection (d), by adding at the end the following
new paragraphs:
``(7) $20,000,000 for fiscal year 2008.
``(8) $25,000,000 for fiscal year 2009.
``(9) $30,000,000 for fiscal year 2010.''; and
(2) by amending subsection (e) to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, $300,000 is authorized to be made
available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring and
administration.''.
Amend the title so as to read: ``A bill to reauthorize the
Tropical Forest Conservation Act of 1998 through fiscal year
2010, to rename the Tropical Forest Conservation Act of 1998 as
the `Tropical Forest and Coral Conservation Act of 2007', and
for other purposes.''. | Tropical Forest and Coral Conservation Reauthorization Act of 2007 - (Sec. 2) Renames the Tropical Forest Conservation Act of 1998 as The Tropical Forest and Coral Conservation Act of 2007 (Act).
(Sec. 3) Includes tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. (Current law refers to tropical forests.)
(Sec. 4) Renames the Tropical Forest Facility as the Conservation Facility.
(Sec. 5) Makes developing countries with tropical forests or coral reefs eligible for benefits. (Current law refers to tropical forests.)
(Sec. 6) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
(Sec. 7) Eliminates the requirement that the Enterprise for the Americas Board be consulted in negotiating a Conservation Agreement.
Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000.
(Sec. 8) Renames: (1) the Tropical Forest Agreement as the Conservation Agreement; and (2) the Tropical Forest Fund as the Conservation Fund.
(Sec. 9) Repeals Board authority to carry out activities under the Act.
(Sec. 10) Revises certain reporting dates.
(Sec. 11) Revises specified International Monetary Fund (IMF) criteria for country eligibility.
(Sec. 12) Authorizes FY2008-FY2010 appropriations. Increases obligations for program administration, monitoring, and auditing. | {"src": "billsum_train", "title": "A bill to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2010, to rename the Tropical Forest Conservation Act of 1998 as the \"Tropical Forest and Coral Conservation Act of 2007\", and for other purposes."} | 3,439 | 380 | 0.514648 | 1.503264 | 0.707829 | 3.35443 | 8.85443 | 0.898734 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Eliminate
Colorectal Cancer Act of 2001''.
(b) Findings.--The Congress finds the following:
(1) Colorectal cancer is the second leading cause of cancer
deaths in the United States for men and women combined.
(2) It is estimated that in 2001, 135,400 new cases of
colorectal cancer will be diagnosed in men and women in the
United States.
(3) Colorectal cancer is expected to kill 56,700
individuals in the United States in 2001.
(4) Research has shown that a high-fiber, low-fat diet can
significantly reduce the risk of developing colorectal cancer.
(5) The adoption of a healthy lifestyle at a young age can
significantly reduce the risk of developing colorectal cancer.
(6) Appropriate screenings and regular tests, including
fecal occult blood tests, sigmoidoscopy, and colonoscopy, can
save large numbers of lives by leading to earlier
identification of colorectal cancer.
(7) The Centers for Disease Control and Prevention, the
Health Care Financing Administration, and the National Cancer
Institute have initiated the Screen for Life Campaign targeted
to individuals age 50 and older to spread the message of the
importance of colorectal cancer screening tests.
(8) Education helps to inform the public of symptoms for
the early detection of colorectal cancer and methods of
prevention.
SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening at
regular intervals to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer, or
who may have symptoms or circumstances that indicate a
need for colorectal cancer screening.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Method of screening.--The group health plan or health
insurance issuer shall cover the method and frequency of
colorectal cancer screening deemed appropriate by a health care
provider treating such participant or beneficiary, in
consultation with the participant or beneficiary. Such coverage
shall include the procedures in section 1861(pp)(1) of the
Social Security Act (42 U.S.C. 1395x(pp)(1)) and section
4104(a)(2) of the Balanced Budget Act of 1997.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(c) Non-Preemption of More Protective State Law With Respect to
Health Insurance Issuers.--This section shall not be construed to
supersede any provision of State law which establishes, implements, or
continues in effect any standard or requirement solely relating to
health insurance issuers in connection with group health insurance
coverage that provides greater protections to participants and
beneficiaries than the protections provided under this section.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) Coverage for Colorectal Cancer Screening.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall provide coverage for colorectal cancer screening at
regular intervals to--
``(A) any participant or beneficiary age 50 or
over; and
``(B) any participant or beneficiary under the age
of 50 who is at a high risk for colorectal cancer, or
who may have symptoms or circumstances that indicate a need for
colorectal cancer screening.
``(2) Definition of high risk.--For purposes of subsection
(a)(1)(B), the term `high risk for colorectal cancer' has the
meaning given such term in section 1861(pp)(2) of the Social
Security Act (42 U.S.C. 1395x(pp)(2)).
``(3) Method of screening.--The group health plan or health
insurance issuer shall cover the method and frequency of
colorectal cancer screening deemed appropriate by a health care
provider treating such participant or beneficiary, in
consultation with the participant or beneficiary. Such coverage
shall include the procedures in section 1861(pp)(1) of the
Social Security Act (42 U.S.C. 1395x(pp)(1)) and section
4104(a)(2) of the Balanced Budget Act of 1997.
``(b) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a), for
purposes of assuring notice of such requirements under the plan; except
that the summary description required to be provided under the third to
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Coverage for colorectal cancer screening.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as it applies to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(c) Effective Dates.--(1)(A) Subject to subparagraph (B), the
amendments made by subsection (a) shall apply with respect to group
health plans for plan years beginning on or after January 1, 2003.
(B) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by subsection (a) shall not apply to plan
years beginning before the later of--
(i) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(ii) January 1, 2003.
For purposes of clause (i), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 2003.
(d) Coordinated Regulations.--The Secretary of Labor and the
Secretary of Health and Human Services shall ensure, through the
execution of an interagency memorandum of understanding among such
Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which both
Secretaries have responsibility under the provisions of this
section (and the amendments made thereby) are administered so
as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Eliminate Colorectal Cancer Act of 2001 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require coverage of colorectal cancer screening according to certain guidelines by a group health plan, a health insurance issuer offering group health insurance coverage, and a health insurance issuer in the individual market.Directs the Secretaries of Labor and of Health and Human Services to ensure coordination in the implementation and enforcement of this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require coverage for colorectal cancer screenings for group health plans and group and individual health insurance coverage."} | 2,198 | 101 | 0.555032 | 1.342265 | 0.654779 | 3.219512 | 22.841463 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Foster Care Coverage Act of
2007''.
SEC. 2. INDEPENDENT FOSTER CARE ADOLESCENTS ESTABLISHED AS MANDATORY
CATEGORY (AND NOT OPTIONAL CATEGORY) OF INDIVIDUALS FOR
MEDICAID COVERAGE.
(a) Establishment as Mandatory Category.--Clause (i) of section
1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A))
is amended--
(1) in subclause (VI), by striking at the end ``or'';
(2) in subclause (VII), by adding at the end ``or''; and
(3) by adding at the end the following new subclause:
``(VIII) who are independent foster
care adolescents (as defined in section
1905(w)(1));''.
(b) Conforming Amendments.--
(1) Clause (ii) of such section is amended by striking
subclause (XVII) and redesignating subclauses (XVIII) and (XIX)
as subclauses (XVII) and (XVIII), respectively.
(2) Section 1905(w) of the Social Security Act (42 U.S.C.
1396d(w)) is amended--
(A) in paragraph (1), by inserting ``, subject to
paragraph (3),'' after ``means''; and
(B) in paragraph (3), by striking ``section
1902(a)(10)(A)(ii)(XVII)'' and inserting ``section
1902(a)(10)(A)(I)(VIII)''.
(3) Section 1902 of such Act (42 U.S.C. 1396a) is amended--
(A) in the matter following subparagraph (G) of
subsection (a)(10), by striking ``subparagraph
(A)(10)(ii)(XVIII)'' and inserting ``subparagraph
(A)(ii)(XVII)''; and
(B) in subsection (cc)(2)(A)(I), by striking
``subsection (a)(10)(A)(ii)(XIX)'' and inserting
``subsection (a)(10)(A)(ii)(XVIII)''.
(4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4))
is amended--
(A) by striking ``1902(a)(10)(A)(ii)(XVII),'' and
inserting ``1902(a)(10)(A)(I)(VIII),'' after
``1902(a)(10)(A)(I)(VII),'';
(B) by striking ``1902(a)(10)(A)(ii)(XVIII)'' and
inserting ``1902(a)(10)(A)(ii)(XVII)''; and
(C) by striking ``1902(a)(10)(A)(ii)(XIX)'' and
inserting ``1902(a)(10)(A)(ii)(XVIII)''.
(5) Section 1905 of such Act (42 U.S.C. 1396d) is amended--
(A) in subsection (a)(2)(B), by striking
``1902(a)(10)(A)(ii)(XIX)'' and inserting
``1902(a)(10)(A)(ii)(XVIII)''; and
(B) in subsection (b), by striking
``1902(a)(10)(A)(ii)(XVIII)'' and inserting
``1902(a)(10)(A)(ii)(XVII)''.
(6) Section 1916(I) of such Act (42 U.S.C. 1396o(I)) is
amended in paragraphs (1) and (3), by striking
``1902(a)(10)(A)(ii)(XIX)'' and inserting
``1902(a)(10)(A)(ii)(XVIII)'' each place it appears.
(7) Section 1916A(b)(3) of such Act (42 U.S.C. 1396o-
1(b)(3)) is amended in subparagraphs (A)(v) and (B)(vii), by
striking ``1902(a)(10)(A)(ii)(XVIII)'' and inserting
``1902(a)(10)(A)(ii)(XVII)'' each place it appears.
(8) Section 1937(a)(2)(B)(x) of such Act (42 U.S.C. 1396u-
7(a)(2)(B)(x)) is amended by striking
``1902(a)(10)(A)(ii)(XVIII)'' and inserting
``1902(a)(10)(A)(ii)(XVII)''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall apply to
calendar quarters beginning on or after October 1, 2007,
without regard to whether or not final regulations to carry out
such amendments have been promulgated by such date.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX 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 requirement imposed by the amendments made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet this additional requirement before
the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of 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. | Medicaid Foster Care Coverage Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to establish independent foster care adolescents as a mandatory category of individuals for coverage under state Medicaid programs. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to establish independent foster care adolescents as a mandatory category (and not an optional category) of individuals for coverage under State Medicaid programs."} | 1,499 | 48 | 0.541864 | 1.28818 | 0.583932 | 3.026316 | 24.578947 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctioning the Use of Civilians as
Defenseless Shields Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to officially and
publicly condemn the use of innocent civilians as human shields.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.
(a) Imposition of Sanctions.--
(1) Mandatory sanctions.--The President shall impose sanctions
described in subsection (d) with respect to each person on the list
required under subsection (b).
(2) Permissive sanctions.--The President may impose sanctions
described in subsection (d) with respect to each person on the list
described in subsection (c).
(b) Mandatory Sanctions List.--Not later than one year after the
date of the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional committees a
list of the following:
(1) Each foreign person that the President determines, on or
after the date of the enactment of this Act--
(A) is a member of Hizballah or is knowingly acting on
behalf of Hizballah; and
(B) knowingly orders, controls, or otherwise directs the
use of civilians protected as such by the law of war to shield
military objectives from attack.
(2) Each foreign person that the President determines, on or
after the date of the enactment of this Act--
(A) is a member of Hamas or is knowingly acting on behalf
of Hamas; and
(B) knowingly orders, controls, or otherwise directs the
use of civilians protected as such by the law of war to shield
military objectives from attack.
(3) Each foreign person or agency or instrumentality of a
foreign state that the President determines, on or after the date
of the enactment of this Act, knowingly and materially supports,
orders, controls, directs, or otherwise engages in--
(A) any act described in subparagraph (B) of paragraph (1)
by a person described in that paragraph; or
(B) any act described in subparagraph (B) of paragraph (2)
by a person described in that paragraph.
(c) Permissive Sanctions List.--Not later than one year after the
date of the enactment of this Act, and annually thereafter, the
President should submit to the appropriate congressional committees a
list of each foreign person that the President determines, on or after
the date of the enactment of this Act, knowingly orders, controls, or
otherwise directs the use of civilians protected as such by the law of
war to shield military objectives from attack, excluding foreign
persons included in the most recent list under subsection (b).
(d) Sanctions Described.--The sanctions to be imposed on a foreign
person or an agency or instrumentality of a foreign state under this
subsection are the following:
(1) Blocking of property.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in property
and interests in property of the foreign person or agency or
instrumentality of a foreign state if such property or interests in
property are in the United States, come within the United States,
or are or come within the possession or control of a United States
person.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien who the
Secretary of State or the Secretary of Homeland Security
determines is subject to sanctions under subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--Any visa or other documentation
issued to an alien who is subject to sanctions under subsection
(a), regardless of when such visa or other documentation was
issued, shall be revoked and such alien shall be denied
admission to the United States.
(C) Exception to comply with united nations headquarters
agreement and other international obligations.--The sanctions
under this paragraph shall not be imposed on an individual if
admitting such individual to the United States is necessary to
permit the United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or with other
applicable international obligations.
(e) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that knowingly violates,
attempts to violate, conspires to violate, or causes a violation of
regulations prescribed to carry out this section to the same extent
that such penalties apply to a person that knowingly commits an
unlawful act described in section 206(a) of such Act.
(f) Procedures for Judicial Review of Classified Information.--
(1) In general.--If a finding under this section, or a
prohibition, condition, or penalty imposed as a result of any such
finding, is based on classified information (as defined in section
1(a) of the Classified Information Procedures Act (18 U.S.C. App.))
and a court reviews the finding or the imposition of the
prohibition, condition, or penalty, the President may submit such
information to the court ex parte and in camera.
(2) Rule of construction.--Nothing in this subsection shall be
construed to confer or imply any right to judicial review of any
finding under this section or any prohibition, condition, or
penalty imposed as a result of any such finding.
(g) Waiver.--The President may waive the application of sanctions
under this section if the President determines and reports to the
appropriate congressional committees that such waiver is in the
national security interest of the United States.
(h) Regulatory Authority.--
(1) In general.--The President may exercise all authorities
under sections 203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out
this section.
(2) Issuance of regulations.--Not later than 180 days after the
date of the enactment of this Act, the President shall prescribe
such regulations as may be necessary to implement this section.
(i) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the authorities of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) or any other relevant provision of law; or
(2) to apply with respect to any activity subject to the
reporting requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence
activities of the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien'' have
the meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Agency or instrumentality of a foreign state.--The term
``agency or instrumentality of a foreign state'' has the meaning
given that term in section 1603(b) of title 28, United States Code.
(3) Appropriate congressional committees.--In this section, the
term ``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives.
(4) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign state, wherever
located; or
(B) any entity not organized solely under the laws of the
United States or existing solely in the United States.
(5) Hamas.--The term ``Hamas'' means--
(A) the entity known as Hamas and designated by the
Secretary of State as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act (8 U.S.C.
1189); or
(B) any person identified as an agent or instrumentality of
Hamas on the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Asset Control of
the Department of the Treasury, the property or interests in
property of which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(6) Hizballah.--The term ``Hizballah'' means--
(A) the entity known as Hizballah and designated by the
Secretary of State as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act (8 U.S.C.
1189); or
(B) any person identified as an agent or instrumentality of
Hizballah on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury, the property or
interests in property of which are blocked pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
(7) United states person.--The term ``United States person''
means any United States citizen, permanent resident alien, entity
organized under the laws of the United States (including foreign
branches), or any person in the United States.
SEC. 5. SUNSET.
This Act shall cease to be effective on December 31, 2023.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sanctioning the Use of Civilians as Defenseless Shields Act (Sec. 2) This bill states that it shall be U.S. policy to condemn the use of innocent civilians as human shields. (Sec. 3) The President shall submit to Congress within one year, and annually thereafter, a list of: each foreign person that is a member of Hizballah or Hamas or is knowingly acting on behalf of Hizballah or Hamas and knowingly directs the use of civilians protected by the law of war to shield military objectives from attack, and each foreign person or agency or instrumentality of a foreign state that knowingly and materially directs or supports any such act. The President shall impose U.S.-based property-blocking and visa sanctions, including revocation of existing visas, against a listed person, entity, or instrumentality. The President is urged to submit to Congress within one year, and annually thereafter, a list of each foreign person or entity that knowingly directs the use of civilians protected by the law of war to shield military objectives from attack, excluding those foreign persons included in the most recent mandatory sanctions list. (Sec. 5) This bill shall cease to be effective on December 31, 2023. | {"src": "billsum_train", "title": "Sanctioning Hizballah\u2019s Illicit Use of Civilians as Defenseless Shields Act"} | 2,317 | 280 | 0.74944 | 2.272143 | 0.752586 | 4.231441 | 8.820961 | 0.930131 |
SECTION 1. PROMOTING YOUTH FINANCIAL LITERACY.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following new
part:
``PART L--PROMOTING YOUTH FINANCIAL LITERACY
``SEC. 10993. SHORT TITLE AND FINDINGS.
``(a) Short Title.--This part may be cited as the `Youth Financial
Education Act'.
``(b) Findings.--Congress finds the following:
``(1) In order to succeed in our dynamic American economy,
young people must obtain the skills, knowledge, and experience
necessary to manage their personal finances and obtain general
financial literacy. All young adults should have the
educational tools necessary to make informed financial
decisions.
``(2) Despite the critical importance of financial literacy
to young people, the average student who graduates from high
school lacks basic skills in the management of personal
financial affairs. A nationwide survey conducted in 1997 by the
Jump$tart Coalition for Personal Financial Literacy examined
the financial knowledge of 1,509 12th graders. On average,
survey respondents answered only 57 percent of the questions
correctly, and only 5 percent of the respondents received a `C'
grade or better.
``(3) An evaluation by the National Endowment for Financial
Education High School Financial Planning Program undertaken
jointly with the United States Department of Agriculture
Cooperative State Research, Education, and Extension Service
demonstrates that as little as 10 hours of classroom
instruction can impart substantial knowledge and affect
significant change in how teens handle their money.
``(4) State educational leaders have recognized the
importance of providing a basic financial education to students
in grades kindergarten through 12 by integrating financial
education into State educational standards, but by 1999 only 14
States required schools to implement personal finance standards
into the academic curriculum.
``(5) Teacher training and professional development are
critical to achieving youth financial literacy. Teachers
confirm the need for professional development in personal
finance education. In a survey by the National Institute for
Consumer Education, 77 percent of a State's economics teachers
revealed that they had never had a college course in personal
finance.
``(6) Personal financial education helps prepare students
for the workforce and for financial independence by developing
their sense of individual responsibility, improving their life
skills, and providing them with a thorough understanding of
consumer economics that will benefit them for their entire
lives.
``(7) Financial education integrates instruction in
valuable life skills with instruction in economics, including
income and taxes, money management, investment and spending,
and the importance of personal savings.
``(8) The consumers and investors of tomorrow are in our
schools today. The teaching of personal finance should be
encouraged at all levels of our Nation's educational system,
from kindergarten through grade 12.
``SEC. 10994. STATE GRANT PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to State educational agencies to develop and integrate youth
financial education programs for students in elementary and secondary
schools.
``(b) State Plan.--
``(1) Approved state plan required.--To be eligible to
receive a grant under this section, a State shall submit an
application which includes a State plan, described in paragraph
(2), approved by the Secretary.
``(2) State plan contents.--The State plan referred to in
paragraph (1) shall include--
``(A) a description of how the State will use grant
funds;
``(B) a description of how the programs supported
by a grant will be coordinated with other relevant
Federal, State, regional, and local programs; and
``(C) a description of how the State will evaluate
program performance.
``(c) Allocation of Funds.--
``(1) Allocation factors.--Except as otherwise provided in
paragraph (2), the Secretary shall allocate the amounts made
available to carry out this section pursuant to subsection (a)
to each State according to the relative populations in all the
States of students in grades kindergarten through 12, as
determined by the Secretary based on the most recent
satisfactory data.
``(2) Minimum allocation.--Subject to the availability of
appropriations and notwithstanding paragraph (1), a State that
has submitted an approved plan under subsection (b) shall be
allocated an amount not less than $500,000 for a fiscal year.
``(3) Reallocation.--In any fiscal year an allocation under
this subsection--
``(A) for a State that has not submitted a plan
under subsection (b); or
``(B) for a State whose plan submitted under
subsection (b) has been disapproved by the Secretary;
shall be reallocated to States with approved plans under this
section in accordance with paragraph (1).
``(d) Use of Grant Funds.--
``(1) Required uses.--A grant made to a State under this
part shall be used--
``(A) to provide funds to local educational
agencies and public schools to carry out financial
education programs for students in grades kindergarten
through 12 based on the concept of achieving financial
literacy through the teaching of personal financial
management skills and the basic principles involved
with earning, spending, saving, and investing;
``(B) to carry out professional development
programs to prepare teachers and administrators for
financial education; and
``(C) to monitor and evaluate programs supported
under subparagraphs (A) and (B).
``(2) Limitation on administrative costs.--A State
receiving a grant under subsection (a) may use not more than 4
percent of the total amount of the grant in each fiscal year
for the administrative costs of carrying out this section.
``(e) Report to the Secretary.--Each State educational agency
receiving a grant under this section shall transmit a report to the
Secretary with respect to each fiscal year for which a grant is
received. The report shall describe the programs supported by the grant
and the results of the State's monitoring and evaluation of such
programs.
``SEC. 10995. CLEARINGHOUSE.
``(a) Authority.--Subject to the availability of appropriations,
the Secretary shall make a grant to or execute a contract with an
organization or institution with substantial experience in the field of
financial education, such as the Jump$tart Coalition for Personal
Financial Literacy, to establish, operate, and maintain a national
clearinghouse (in this part referred to as the Clearinghouse) for
instructional materials and information regarding model financial
education programs and best practices.
``(b) Application.--An organization or institution desiring to
establish, operate, and maintain the Clearinghouse shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may reasonably
require.
``(c) Basis and Term.--The Secretary shall make the grant or
contract authorized under subsection (a) on a competitive, merit basis
for a term of 5 years.
``(d) Use of Funds.--The Clearinghouse shall use the funds provided
under a grant or contract made under subsection (a)--
``(1) to maintain a repository of instructional materials
and related information regarding financial education programs
for elementary and secondary schools, including kindergartens,
for use by States, localities, and the general public;
``(2) to disseminate to States, localities, and the general
public, through electronic and other means, instructional
materials and related information regarding financial education
programs for elementary and secondary schools, including
kindergartens; and
``(3) to the extent that resources allow, to provide
technical assistance to States, localities, and the general
public on the design, establishment, and implementation of
financial education programs for elementary and secondary
schools, including kindergartens.
``(e) Consultation.--The chief executive officer of the
organization selected to establish and operate the Clearinghouse shall
consult with the Department of the Treasury and the Securities
Exchange Commission with respect to its activities under subsection
(d).
``(f) Submission to Clearinghouse.--Each Federal agency or
department that develops financial education programs and instructional
materials for such programs shall submit to the Clearinghouse
information on the programs and copies of the materials.
``(g) Application of Copyright Laws.--In carrying out this section
the Clearinghouse shall comply with the provisions of title 17 of the
United States Code.
``SEC. 10996. EVALUATION AND REPORT.
``(a) Performance Measures.--The Secretary shall develop measures
to evaluate the performance of programs assisted under sections 10994
and 10995.
``(b) Evaluation According to Performance Measures.--Applying the
performance measures developed under subsection (a), the Secretary
shall evaluate programs assisted under sections 10994 and 10995--
``(1) to judge their performance and effectiveness;
``(2) to identify which of the programs represent the best
practices of entities developing financial education programs
for students in grades kindergarten through 12; and
``(3) to identify which of the programs may be replicated
and used to provide technical assistance to States, localities,
and the general public.
``(c) Report.--For each fiscal year for which there are
appropriations under section 10999(a), the Secretary shall transmit a
report to the Congress describing the status of the implementation of
this part. The report shall include the results of the evaluation
required under subsection (b) and a description of the programs
supported under section 10994.
``SEC. 10997. DEFINITIONS.
``In this part--
``(1) the term `financial education' means educational
activities and experiences, planned and supervised by qualified
teachers, that enable students to understand basic economic and
consumer principals, acquire the skills and knowledge necessary
to manage personal and household finances, and develop a range
of competencies that will enable them to become responsible
consumers in today's complex economy;
``(2) the terms `local educational agency', `State
educational agency', and `outlying area' have the meanings
given the terms in section 14101 of the Elementary and
Secondary Education Act of 1965;
``(3) the term `qualified teacher' means a teacher who
holds a valid teaching certification or is considered to be
qualified by the State educational agency in the State in which
the teacher works;
``(4) the term `Secretary' means the Secretary of
Education; and
``(5) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
outlying area.
``SEC. 10998. PROHIBITION.
``Nothing in this part shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific instructional
content, curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
``SEC. 10999. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--For the purposes of carrying out this part,
there are authorized to be appropriated $100,000,000 for each of the
fiscal years 2000 through 2004.
``(b) Limitation on Funds for Clearinghouse.--The Secretary may use
not less than 2 percent and not more than 5 percent of amounts
appropriated under subsection (a) for each fiscal year to carry out
section 10995.
``(c) Limitation on Funds for Secretary Evaluation.--The Secretary
may use not more than $200,000 from the amounts appropriated under
subsection (a) for each fiscal year to carry out subsections (a) and
(b) of section 10996.
``(d) Limitation on Administrative Costs.--Except as necessary to
carry out subsections (a) and (b) of section 10996 using amounts
described in subsection (c) of this section, the Secretary shall not
use any portion of the amounts appropriated under subsection (a) for
the costs of administering this part.''. | Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to establish a new part L, Promoting Youth Financial Literacy, under title X (Programs of National Significance).
Authorizes the Secretary of Education to provide grants to State educational agencies (SEAs) to develop and integrate youth financial education programs for students in elementary and secondary schools.
Sets forth requirements for State plans and for allocation of grants to States.
Requires States to use grants to: (1) provide funds to local educational agencies (LEAs) and public schools to carry out financial education programs for students in kindergarten through grade 12 based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving, and investing; (2) carry out professional development programs to prepare teachers and administrators for financial education; and (3) monitor and evaluate programs.
Directs the Secretary to make a grant to or contract with an entity with substantial financial education experience for a national clearinghouse for instructional materials and information on model financial education programs and best practices.
Directs the Secretary to: (1) develop performance measures for the part L programs of State grants and of the clearinghouse; and (2) report to the Congress annually on the implementation of part L programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Youth Financial Education Act"} | 2,610 | 275 | 0.577957 | 1.678327 | 0.876329 | 3.718147 | 9.606178 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dodd-Frank Improvement Act of
2011''.
SEC. 2. DODD-FRANK IMPROVEMENTS REGARDING REGULATION OF DERIVATIVES.
(a) Establishment.--Section 4 of the Securities Exchange Act of
1934 (15 U.S.C. 78d) is amended by adding at the end the following:
``(j) Office of Derivatives.--
``(1) Office established.--There is established within the
Commission the Office of Derivatives (referred to in this
subsection as the `Office')--
``(A) to administer the rules of the Commission
with respect to security-based swaps and, as necessary,
to make recommendations to the Commission for new rules
or changes to existing rules with respect to security-
based swaps;
``(B) to coordinate oversight of the market for
swaps and security-based swaps, participants in that
market, and infrastructure providers for that market
with other relevant domestic and international
regulators; and
``(C) to monitor developments in the market for
swaps and security-based swaps.
``(2) Director of the office.--The head of the Office shall
be the Director, who shall report to the Director of the
Division of Trading and Markets and the Director of Risk,
Strategy, and Financial Innovation.
``(3) Staffing.--
``(A) In general.--The Office shall be staffed by
persons transferred in accordance with subparagraph
(B), including persons having knowledge of and
expertise in the uses for, trading in, execution of,
and clearing of swaps and security-based swaps.
``(B) Transfers.--The Director of the Office of
Derivatives, the Director of the Division of Trading
and Markets, the Director of Risk, Strategy, and
Financial Innovation, and the Director of the Office of
Compliance, Inspections, and Examinations shall jointly
identify employees to be transferred from the Division
of Trading and Markets, the Division of Risk, Strategy,
and Financial Innovation, and the Office of Compliance,
Inspections, and Examinations, respectively, to the
Office of Derivatives, in numbers sufficient to carry
out fully the requirements of this subsection.
``(4) Enforcement.--The Division of Enforcement shall
consult with the Office before presenting a recommendation with
respect to security-based swaps to the Commission.
``(5) Inspections and examinations.--A representative of
the Office shall be afforded the opportunity to participate in
any inspection or examination of a security-based swap dealer,
major security-based swap participant, security-based swap data
repository, or clearing agency that clears security-based
swaps.
``(6) Annual report.--On or before the date that is one
year after the Office is established and annually thereafter,
the Director shall submit to the Chairman and publish on the
public website of the Commission a report that describes the
activities of the Office during the preceding year, and the
developments in the swaps and security-based swaps market.''
(b) Orderly Implementation of Derivatives Provisions.--
(1) Review of regulatory authority.--Section 712 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (15
U.S.C. 8302) is amended--
(A) in each of subsections (a)(3) and (e), by
striking ``360'' each place that term appears and
inserting ``720''; and
(B) by adding at the end the following:
``(g) Orderly Implementation Schedule.--
``(1) In general.--Not later than December 31, 2011, the
Commodity Futures Trading Commission, the Securities and
Exchange Commission, and the prudential regulators shall
jointly, pursuant to the notice and comment requirements
contained in title 5, United States Code, adopt an
implementation schedule for this title.
``(2) Schedule content.--Such implementation schedule
shall--
``(A) set forth a schedule for the publication of
final rules required by this title, except that, unless
otherwise specifically provided by a provision of this
title, the rules required by subsection (d)(1) shall be
adopted before any other required rules;
``(B) set forth a schedule for the effective dates
for provisions of this title, including provisions that
require a rulemaking and provisions that do not require
a rulemaking;
``(C) take into consideration--
``(i) a quantitative analysis of the
effects of this title on United States economic
growth and job creation;
``(ii) the implications of this title for
cross-border activity by, and international
competitiveness of, United States financial
institutions, companies, and investors;
``(iii) whether and how the definitional,
clearing, trading, reporting, recordkeeping,
real-time reporting, registration, capital,
margin, business conduct, position limits and
other requirements of this title work together,
and how they affect market depth and liquidity;
and
``(iv) the implications of any lack of
harmonization by the Securities and Exchange
Commission, the Commodity Futures Trading
Commission, and the prudential regulators with
respect to the timing and the substance of
their rules.
``(h) Orderly Implementation Authority.--Notwithstanding any other
provision of law, the Commodity Futures Trading Commission, the
Securities and Exchange Commission and the prudential regulators, by
rule, regulation, or order, may conditionally or unconditionally exempt
any person, swap, security-based swap, activity, or transaction, or any
class or classes of persons, swaps, security-based swaps, activities,
or transactions, from any provision or provisions of this title
administered thereby, or any rule or regulation thereunder, to the
extent that such exemption is necessary or appropriate in the public
interest and is in furtherance of the objectives of this title, such as
the orderly implementation and international harmonization of the
timing and substance of derivatives regulatory reform.''.
(2) Effective dates.--Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Public Law 111-203,
124 Stat. 1641) is amended--
(A) in section 754 (7 U.S.C. 7a note), by striking
``the later of'' and all that follows through the
period and inserting ``the dates specified in the
implementation schedule adopted pursuant to section
712(g).''; and
(B) in section 774 (15 U.S.C. 77b note), by
striking ``the later of'' and all that follows through
the period and inserting ``the dates specified in the
implementation schedule adopted pursuant to section
712(g).''.
(c) Clarification of End User Status.--
(1) End users of swaps.--
(A) Margin requirements.--Section 4s(e) of the
Commodity Exchange Act (7 U.S.C. 6s(e)), as added by
section 731 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended by adding at the
end the following:
``(4) Applicability with respect to counterparties.--The
margin requirements of this subsection shall not apply to a
swap in which one of the counterparties is not--
``(A) a swap dealer or major swap participant;
``(B) an investment fund that--
``(i) has issued securities (other than
debt securities) to more than 5 unaffiliated
persons;
``(ii) would be an investment company (as
defined in section 3 of the Investment Company
Act of 1940 (15 U.S.C. 80a-3)) but for
paragraph (1) or (7) of subsection (c) of that
section; and
``(iii) is not primarily invested in
physical assets (including commercial real
estate) directly or through an interest in an
affiliate that owns the physical assets;
``(C) a regulated entity, as defined in section
1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502); or
``(D) a commodity pool that is predominantly
invested in any combination of commodities, commodity
swaps, commodity options, or commodity futures.
``(5) Margin transition rules.--Swaps entered into before
the date on which final rules under section 712(e) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (15 U.S.C.
8302(e)) become effective shall be exempt from the margin
requirements under this subsection.''.
(B) Major swap participant.--Section 1a(33)(A) of
the Commodity Exchange Act (7 U.S.C. 1a(33)(A)) is
amended by striking clause (ii) and inserting the
following:
``(ii) whose outstanding swaps create
substantial net uncollateralized counterparty
exposure that could have serious adverse
effects on the financial stability of the
United States banking system or financial
markets; or''.
(C) Effective date.--The amendments made by
subsection (a) shall have the same effective date as
provided in section 754 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, as amended by
section 1(b) of this Act.
(2) End users of security-based swaps.--
(A) Margin requirements.--Section 15F(e) of the
Securities Exchange Act of 1934 (15 U.S.C. 780-10(e)),
as added by section 764 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, is amended by
adding at the end the following:
``(4) Applicability with respect to counterparties.--The
margin requirements of this subsection shall not apply to a
security-based swap in which one of the counterparties is not--
``(A) a security-based swap dealer or major
security-based swap participant;
``(B) an investment fund that would be an
investment company (as defined in section 3 of the
Investment Company Act of 1940 (15 U.S.C. 80a-3)), but
for paragraph (1) or (7) of section 3(c) of that Act
(15 U.S.C. 80a-3(c)), that is not primarily invested in
physical assets (including commercial real estate)
directly or through interest in its affiliates that own
such assets;
``(C) a regulated entity, as defined in section
1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502); or
``(D) a commodity pool that is predominantly
invested in any combination of commodities, commodity
swaps, commodity options or commodity futures.
``(5) Margin transition rules.--Security-based swaps
entered into before the date on which final rules under section
712(e) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act become effective are exempt from the margin
requirements of this subsection.''.
(B) Major security-based swap participant.--Section
3(a)(67)(A)(ii)(II) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)(67)(A)(ii)(II)), is amended to
read as follows:
``(II) whose outstanding security-
based swaps create substantial net
uncollateralized counterparty exposure
that could have serious adverse effects
on the financial stability of the
United States banking system or
financial markets;''.
(C) Effective date.--The amendments made by this
paragraph shall have the same effective date as
provided in section 774 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, as amended by this
Act.
(d) Treatment of Affiliate Transactions.--Title VII of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et
seq.) is amended by inserting after section 713 (15 U.S.C. the
following new section:
``SEC. 713A. TREATMENT OF AFFILIATE TRANSACTIONS.
``(a) In General.--An agreement, contract, or transaction that
would otherwise be a swap or security-based swap, and that is entered
into by a party that is controlling, controlled by, or under common
control with its counterparty shall not be deemed to be a `swap' or
`security-based swap' for purposes of this Act.
``(b) Reporting.--All agreements, contracts, or transactions
described in subsection (a) shall be reported to either a swap data
repository, or, if there is no swap data repository that would accept
such transaction reports, to the Commission pursuant to sections 729
and 766. within such time period as the Commission may prescribe by
rule or regulation.''.
(e) International Competitiveness and Harmonization.--
(1) Study on international swap regulation.--Section
719(c)(2) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (15 U.S.C. 8307(c)(2)) is amended--
(A) by striking ``18'' and inserting ``30'';
(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) an analysis of the progress of members of the
Group of 20 and other countries toward implementing
derivatives regulatory reform, including material
differences in the schedule for implementation (as well
as material differences in definitions, clearing,
trading, reporting, registration, capital, margin,
business conduct, and position limits) and their
possible and likely effects on United States
competitiveness, market liquidity, and financial
stability.''.
(2) Applicability.--The Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by inserting after section
719 the following new section:
``SEC. 719A. APPLICABILITY.
``(a) In General.--Subject to subsections (b) and (c), and
notwithstanding any other provision of this title, no activities
conducted outside of the United States between counterparties
established under the laws of any jurisdiction outside of the United
States (including a non-United States branch of a United States entity
licensed and recognized under local law outside of the United States)
shall be considered--
``(1) to have a direct and significant connection with
activities in, or effect on, commerce of the United States;
``(2) to constitute a business within the jurisdiction of
the United States; or
``(3) to constitute evasion of any provision of this title,
unless those activities contravene such rules as may be adopted
by the Commodity Futures Trading Commission and the Securities
and Exchange Commission pursuant to subsection (b).
``(b) Rulemaking.--After completing the report required by section
719(c)(2), the Commodity Futures Trading Commission and the Securities
and Exchange Commission may jointly issue such rules as are necessary
to prohibit transactions or activities, or classes of transactions or
activities conducted outside of the United States that the agencies
find--
``(1) have no valid business purpose;
``(2) are structured with the sole purpose of evading the
requirements of this title; and
``(3) might reasonably be expected to have a serious
adverse effect on the stability of the United States financial
system.
``(c) Exception.--Subsection (a) shall not apply to any provision
of this title prohibiting fraud or manipulation or any rule or
regulation thereunder.''. | Dodd-Frank Improvement Act of 2011 - Amends the Securities Exchange Act of 1934 to establish the Office of Derivatives within the Securities and Exchange Commission (SEC) to: (1) administer SEC rules governing security-based swaps, (2) coordinate oversight of the market for swaps and security-based swaps with domestic and international regulators, and (3) monitor the swaps and security-based swaps market.
Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to: (1) extend the date of issuance for certain regulations regarding the swaps and security-based swaps market, and (2) set a deadline for the SEC, the Commodity Futures Trading Commission (CFTC), and the prudential regulators to adopt jointly an implementation schedule for the regulation of the over-the-counter-swaps market.
Amends the Commodity Exchange Act, with respect to the registration and regulation of swap dealers and major swap participants, to exempt from specified margin requirements any swaps in which one of the counterparties is not: (1) a swap dealer or a major swap participant; (2) the Federal National Mortgage Association (Fannie Mae) or any affiliate, the Federal Home Loan Mortgage Corporation (Freddie Mac) or any affiliate, or any Federal Home Loan Bank; or (3) a commodity pool predominantly invested in any combination of commodities, commodity swaps, commodity options, or commodity futures.
Exempts from such margin requirements also an investment fund that: (1) has issued non-debt securities to more than five unaffiliated persons, (2) would be an investment company but for specified disqualifications, and (3) is not primarily invested in physical assets directly or through an interest in an affiliate that owns the physical assets.
Exempts also from such requirements swaps entered into before the date on which final rules become effective.
Amends the Securities Exchange Act of 1934 to exempt from the margin requirements for security-based swap dealers and major security-based swap participants any security-based swap in which one of the counterparties is not: (1) a security-based swap dealer or major security-based swap participant; (2) an investment fund that would be an investment company but for specified disqualifications, and is not primarily invested in physical assets directly or through an interest in an affiliate that owns the physical assets; (3) Fannie Mae or an affiliate, Freddie Mac or an affiliate, or a Federal Home Loan Bank; or (4) a commodity pool predominantly invested in any combination of commodities, commodity swaps, commodity options, or commodity futures.
Exempts also from such requirements security-based swaps entered into before the date on which final rules become effective.
Amends Dodd-Frank to state that an agreement, contract, or transaction entered into by a party that is either controlling, controlled by, or under common control with its counterparty (affiliate transaction) shall not be deemed a "swap" or "security-based swap" subject to regulation under such Act.
Requires that such affiliate transactions be reported to either a swap data repository or to the SEC, if there is no swap data repository that would accept such transaction reports.
Requires the CFTC and the SEC to add to a required study on the effects of position limits on trading on exchanges in the United States an analysis of the progress made by members of the Group of 20 and other countries toward implementing derivatives regulatory reform, and on possible and likely effects on United States competitiveness, market liquidity, and financial stability. Authorizes the two agencies, upon completion of a report to Congress on such study, to issue jointly any rules necessary to prohibit transactions or activities, or classes of transactions or activities conducted outside of the United States, that they find: (1) have no valid business purpose, (2) are structured with the sole purpose of evading the requirements of the Wall Street Transparency and Accountability Act of 2010, and (3) might reasonably be expected to have a serious adverse effect upon the stability of the U.S. financial system. States that activities conducted outside of the United States between counterparties established under the laws of any jurisdiction outside of the United States shall not be considered to: (1) have a direct and significant connection with activities in, or effect upon, U.S. commerce; (2) constitute a business within U.S. jurisdiction; or (3) constitute evasion of any provision of Dodd-Frank, unless those activities contravene any rules adopted by the CFTC and the SEC. | {"src": "billsum_train", "title": "A bill to provide for the orderly implementation of the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and for other purposes."} | 3,484 | 983 | 0.549537 | 1.688292 | 0.633606 | 4.255416 | 3.538198 | 0.914481 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Born Cassius Marcellus Clay, Jr., on January 17, 1942,
in Louisville, Kentucky, Muhammad Ali was the first child of
Cassius, Sr. and Odessa Clay.
(2) Muhammad Ali is one of the most celebrated athletes of
the 20th century. He has produced some of America's greatest
sports memories, from winning a gold medal at the 1960 Summer
Olympics to lighting the Olympic torch at the 1996 Summer
Olympics.
(3) After an impressive amateur career, during which he
recorded 131 wins and only 7 losses and won 2 National AAU
light heavyweight titles, Muhammad Ali became the first
professional boxer in history to capture the heavyweight title
3 separate times.
(4) Muhammad Ali defeated every challenger he faced in the
ring. But on April 28, 1967, he was stripped of his boxing
title and barred from competing for being a conscientious
objector to the war in Vietnam on religious and moral grounds.
However, following a unanimous United States Supreme Court
decision in 1971, Muhammad Ali's conscientious objector status
was confirmed, his boxing license was reinstated, and he was
cleared of any wrong doing.
(5) As an African-American and a Muslim living in an era
that continued to question his civil rights, Muhammad Ali
battled issues of race and religion, and has received
recognition as one of the champions of the Civil Rights
Movement in the United States.
(6) Muhammad Ali is the recipient of many awards for his
sporting prowess and his support of racial harmony, including
the Dr. Martin Luther King Memorial Award, the Spirit of
America Award, the Amnesty International Lifetime Achievement
Award, the Arthur Ashe Award for Courage, the Essence Living
Legend Award, the Rainbow Coalition Lifetime Achievement Award,
the XNBA Human Spirit Award, the Presidential Citizens Medal,
and the Presidential Medal of Freedom.
(7) Muhammad Ali has been acknowledged by many
organizations for his achievements both inside and outside the
boxing ring, including being crowned ``Sportsman of the
Century'' by Sports Illustrated, being named ``Athlete of the
Century'' by GQ magazine, being named ``Sports Personality of
the Century'' by the British Broadcasting Corporation, being
named ``Kentucky Athlete of the Century'' by the Kentucky
Athletic Hall of Fame, being named ``Kentuckian of the
Century'' by the State of Kentucky, being named ``Louisvillian
of the Century'' by the Advertising Club of Louisville, being
named ``Boxer of the Century'' by the World Sports Awards of
the Century, being recognized by the International Boxing Hall
of Fame, and receiving honorary doctorate degrees from
Muhlenberg College and Western Kentucky University, as well as
an honorary doctorate of humanities at Princeton University's
260th graduation ceremony.
(8) Muhammad Ali received the prestigious ``Otto Hahn Peace
Medal in Gold'' from the United Nations Association of Germany
for his work with the United Nations and the Civil Rights
Movement in the United States.
(9) Muhammad Ali was selected by the California
Bicentennial Foundation for the U.S. Constitution to personify
the vitality of the Bill of Rights in various high-profile
activities.
(10) Despite having been diagnosed with Parkinson's
Syndrome in the early 1980s, Muhammad Ali has dedicated his
life to the cause of universal human rights and freedom. His
commitment to equal justice and peace has touched the lives of
hundreds of thousands of people worldwide.
(11) President Jimmy Carter asked Muhammad Ali to meet with
African leaders in Tanzania, Kenya, Nigeria, Liberia, and
Senegal as part of President Carter's diplomatic efforts on
behalf of human rights in the 1980s.
(12) In 1990, Muhammad Ali traveled to the Middle East to
seek the release of American and British hostages that were
being held as human shields in the first Gulf War. As a result
of his intervention, 15 United States hostages were freed on
December 2nd.
(13) Muhammad Ali was chosen as the ``U.N. Messenger of
Peace'' in 1998.
(14) Several Presidents of the United States have
recognized Muhammad Ali, including President George W. Bush
who, on November 17, 2002, called him ``a man of peace'' and
stated that ``across the world, billions of people know
Muhammad Ali as a brave, compassionate, and charming man, and
the American people are proud to call Muhammad Ali one of our
own'', President Bill Clinton who stated that Muhammad Ali
``captured the world's imagination and its heart. Outside the
ring, Muhammad Ali has dedicated his life to working for
children, feeding the hungry, supporting his faith, and
standing up for racial equality. He has always fought for a
just and more humane world, breaking down barriers here in
America and around the world. There are no telling how many
tens of millions of people had their hearts swell with pride
and their eyes swell with tears in 1996 when Muhammad Ali lit
the Olympic torch, because we know, now and forever, he is the
greatest'', President Jimmy Carter who cited Muhammad Ali as
``Mr. International Friendship'', and President Barack Obama
who, as a Senator, had a framed picture of Muhammad Ali hanging
in his office, and before announcing his intentions to run for
President, Obama visited with Muhammad Ali at the Ali Center in
Louisville, Kentucky.
(15) Muhammad Ali continues to encourage humanity through
his perseverance and the support of thousands of people. He has
helped such organizations as the Chicago-based adoption agency,
The Cradle; the Make-A-Wish Foundation; the Special Olympics'
organization, Best Buddies; and Herbert E. Birch Services, an
organization that runs a school for handicapped children and
young adults, in addition to a summer camp for children
infected with AIDS.
(16) Muhammad Ali and his wife Lonnie are founding
directors of the Muhammad Ali Parkinson Center in Phoenix,
Arizona, and have helped raise over $50 million for Parkinson's
research. The Center's mission is to provide excellence in
treatment, research, and education for patients and families
affected by Parkinson's disease and other movement disorders,
regardless of ability to pay.
(17) Muhammad Ali is an inspiration to countless
individuals with Parkinson's disease, including members of the
Rock Steady Boxing Foundation in Indianapolis, Indiana, which
was founded to give people with Parkinson's disease hope by
improving their quality of life using boxing for fitness.
(18) Muhammad Ali is one of the founding members of
Athletes for Hope, an organization created by a few very
successful athletes of exemplary character who have a deep
commitment to charitable and community causes.
(19) Muhammad Ali also established the Muhammad Ali Center
in his hometown of Louisville, Kentucky, which promotes
respect, hope, and understanding, and inspires people
everywhere to be as great as they can be. A visitor of the
Muhammad Ali Center experiences the ``hows'' of Ali's life: how
he found the courage, the dedication, and the discipline to
become who he is today; how he found the conviction to stand up
for what he believed; and how he turned his passion for
excellence in the ring to a passion for peace on the world
stage.
(20) Like Muhammad Ali himself, the Muhammad Ali Center
focuses on what brings individuals together, not what sets them
apart, and is a ``global gathering place'' to which people can
come, both online and in person, to learn, share, and celebrate
our commonalities as human beings and to formulate ways of
advancing humanity.
(21) Muhammad Ali has helped to provide more than
22,000,000 aid packets to assist people in need, and until
recently traveled, on average, more than 200 days per year for
humanitarian causes.
(22) Muhammad Ali, known simply as ``the greatest'', has
transcended the glamour and glory of being a sports champion to
become not only one of the greatest sports figures, but one of
the greatest role models of our time.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design, to Muhammad Ali in recognition
of his contributions to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury
(hereinafter in this Act referred to as the ``Secretary'') shall strike
a gold medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck pursuant to section 2 at a price sufficient to cover the cost of
the bronze medals (including labor, materials, dies, use of machinery,
and overhead expenses) and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authorization 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 cost of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal to Muhammad Ali in recognition of his contributions to the nation. | {"src": "billsum_train", "title": "To authorize the President to award a gold medal on behalf of Congress to Muhammad Ali in recognition of his contributions to the Nation."} | 2,119 | 44 | 0.398464 | 1.258536 | -0.721286 | 5.435897 | 51.487179 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Justice Reinvestment Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A total of 2,200,000 American adults are incarcerated
in State and local prisons and jails, a rate of about 1 out of
every 100 adults.
(2) State spending on corrections has increased over the
last 20 years from approximately $12,600,000,000 in 1988 to
more than $52,000,000,000 in 2008. According to ``Public
Safety, Public Spending: Forecasting America's Prison
Population 2007-2011'', State and Federal prison populations
are expected to increase by 192,000 over that 5-year period, at
an additional cost of $27,500,000,000.
(3) Between 2000 and 2008, jail populations increased from
approximately 621,000 to 785,000 inmates. The 3,300 jails
nationwide process approximately 13,500,000 inmates each year,
4,000,000 of whom are repeat offenders.
(4) The number of persons on probation and parole in State
correctional systems has been increasing. Approximately
5,000,000 Americans, or 1 out of every 45 adults, are on
probation or parole, an increase of nearly 300 percent since
1980.
(5) Policymakers have insufficient access to detailed,
data-driven explanations about changes in crime, arrest,
conviction, and prison and jail population trends.
(6) In the face of ever-increasing correctional costs, with
bipartisan leadership, governors and legislative leaders in
Texas, Kansas, Rhode Island, Vermont, and other States around
the country have initiated data-driven criminal justice
reinvestment strategies that increase public safety, hold
offenders accountable, and control corrections spending.
SEC. 3. PURPOSE AND DEFINITION.
(a) Purpose.--The purpose of this Act is to provide grants for
criminal justice reinvestment strategies.
(b) Criminal Justice Reinvestment.--In this Act, the term
``criminal justice reinvestment'' refers to a data-driven program
that--
(1) analyzes criminal justice trends to understand what
factors are driving the growth in prison and jail populations;
(2) develops and implements policy options to manage the
growth in corrections populations and increase the
effectiveness of current spending and investment to increase
public safety and improve individual and system accountability;
and
(3) measures the impact of the policy changes and
reinvestment resources and holds policymakers accountable for
projected results.
SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLEMENT CRIMINAL JUSTICE
REINVESTMENT STRATEGIES.
(a) Phase 1--Data Analysis and Policy Development Grants.--
(1) In general.--The Attorney General may make grants to a
State, unit of local government, territory, or Indian tribe
(referred to in this Act as an ``eligible entity'') to analyze
and improve the cost-effectiveness of State and local spending
on prisons, jails, and community corrections (referred to in
this Act as ``Phase 1 grants'').
(2) Objectives.--The purposes of the Phase 1 grants shall
be for an eligible entity--
(A) to conduct a comprehensive analysis of criminal
justice data, including crime and arrest rates,
conviction rates, pretrial and reentry services, and
probation, parole, prison and jail populations;
(B) to evaluate relevant criminal justice policies
and the cost-effectiveness of current spending on
corrections and community corrections; and
(C) to develop data-driven policy options that can
increase public safety and improve offender
accountability.
(3) Details.--The comprehensive analysis, evaluation, and
policy development required by paragraph (2) shall include--
(A) an analysis of reported crime and arrest data;
(B) an analysis of felony conviction data to
understand the percent of offenders who are sentenced
to prison or jail for particular offenses;
(C) an analysis of prison or jail admission and
length-of-stay data over a 3- to 5-year time period to
determine which cohorts of offenders account for the
growth of the population;
(D) an analysis of probation and parole data to
determine which offenders are violating the conditions
of supervision and being revoked to prison or jail;
(E) an analysis of the current capacity and quality
of crime prevention and crime-fighting programs,
including institutional and community-based risk-
reduction programs such as drug treatment, mental
health, education, job training, housing, and other
human services to divert individuals from prisons or
jails and to reduce recidivism among offenders on
community supervision;
(F) consultation with criminal justice
stakeholders, including State corrections departments,
community corrections agencies, local jail systems, and
relevant governmental agencies and nonprofit
organizations;
(G) an analysis of criminal justice policies and
expenditures, including the cost-effectiveness of
current spending on corrections and community
corrections, to understand how the existing system
accounts for criminal justice trends;
(H) the development of a prison or jail population
projection using a simulation model based on collected
data to test the impact of various policy changes; and
(I) the development of practical, data-driven
policy options that can increase public safety, improve
offender accountability, reduce recidivism, and manage
the growth of spending on corrections in the relevant
criminal justice system.
(4) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Attorney General an application, in such form and manner and at
such time as specified by the Attorney General that includes a
proposal that describes how the grant will fulfill the
objectives required by paragraph (2).
(5) Priority.--The Attorney General, in awarding funds
under this subsection, shall give priority to eligible entities
that--
(A) demonstrate a commitment from the chief
executive officer, legislative body, judiciary, law
enforcement officials, correctional agencies and
prosecutors of the eligible entity to work together in
a collaborative bipartisan approach to analyze the data
and develop criminal justice policy options;
(B) establish or designate a multibranch,
bipartisan, intergovernmental, interagency task force
of elected and appointed officials to address the
criminal justice and public safety challenges facing
the jurisdiction;
(C) demonstrate access to data from across the
criminal justice system, including crime and arrest,
court and conviction, jail, prison, community
corrections data, and standards for analysis;
(D) identify agency or consultant capacity to
objectively analyze data, utilize simulation models for
prison or jail population projections, and develop
concise written reports and policy options for
policymakers to review; or
(E) demonstrate that the projected growth over a
10-year period is expected to exceed current
corrections capacity.
(6) Completion of grant.--The analysis, evaluation, and
policy development required for a grant under this subsection
shall be completed not later than 12 months after the receipt
of funding for the grant unless granted an extension of time by
the Attorney General.
(b) Phase 2--Implementation Grants.--
(1) In general.--The Attorney General may make grants to
eligible entities to implement policies and programs designed
to help jurisdictions manage the growth in spending on
corrections and increase public safety (referred to in this Act
as ``Phase 2 grants'').
(2) Objectives.--The purposes of the Phase 2 grants shall
be for an eligible entity to--
(A) fund programs identified by prior data analysis
and policy development that provide training and
technical assistance, support the delivery of risk-
reduction programs, or otherwise enhance public safety
and improve offender accountability by strengthening
the criminal justice system;
(B) reinvest averted prison or jail costs into
programs that enhance public safety by strengthening
the criminal justice system or high-risk communities
and individuals; and
(C) measure performance of policies and programs
enacted or established in subparagraphs (A) and (B).
(3) Programs.--The programs described by paragraphs (2)(A)
and (2)(B) shall--
(A) provide training and technical assistance
including--
(i) training of corrections and community
corrections, judicial, substance abuse or
mental healthstaff and other key staff on
evidence-based practices for reducing
recidivism; or
(ii) training and technical assistance to
assist jurisdictions in implementing and
validating new risk and needs assessment tools;
or technical assistance to implement evidence-
based policies in corrections or community
corrections agencies;
(B) establish risk-reduction programs including--
(i) substance abuse or mental health
treatment;
(ii) education or job training;
(iii) job placement, development, and
creation;
(iv) intermediate sanction programs and
facilities, including community-based reentry
programs, day reporting centers and electronic
monitoring; or
(v) supportive housing programs;
(C) reduce the number of rearrests, reconvictions,
and revocations of people currently on probation and
parole and increase the number of successful
completions of probation and parole;
(D) establish policies and practices that will
avert growth in the prison and jail population and, as
a result, avert the need to appropriate funds for the
construction or operation of a new prison and jail
facilities; or
(E) establish comparable programs that enhance
public safety by strengthening the criminal justice
system.
(4) Performance measurement.--The performance measures
described by paragraph (2)(C) shall track key criminal justice
trends across agencies and departments to measure the impact of
the programs described in paragraph (3), and include the
following measurements where applicable:
(A) Reduction in rearrest, reconviction, and
revocations of people currently on probation and
parole.
(B) Increases in the number of successful
completions of probation and parole.
(C) General crime trends.
(D) Prison and jail populations.
(E) Number of program and treatment slots added to
reduce recidivism.
(5) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Attorney General an application, in such form and manner and at
such time as specified by the Attorney General that includes a
proposal that describes how the grant will fulfill the
objectives required by paragraph (2).
(6) Priority.--Priority consideration shall be given to
applications under this subsection that demonstrate that--
(A) the proposed programs will improve public
safety and improve individual and system accountability
while reducing or maintaining criminal justice growth
through policies which ensure that--
(i) violent offenders are incarcerated;
(ii) nonviolent offenders who pose a
minimal risk of harm to the community are
supervised through effective probation and
parole systems and provided with effective
risk-reduction programs; and
(iii) effective diversion and reentry
programs are integrated into a new overall
criminal reinvestment strategy;
(B) the proposed programs will have a significant
impact on the geographic areas identified by the
analysis as having disproportionate numbers of people
returning from prison or jail; and
(C) data analysis through a Phase 1 grant or
similar work has been completed.
(c) Annual Report.--The Attorney General shall report to the
Committees on the Judiciary of the Senate and the House of
Representatives on November 1 of each year concerning the development
and implementation of grants under this section and strategies
developed, which shall include information concerning--
(1) the number and identity of the grantees who have
received analyses and program development grants;
(2) the progress of grantees in conducting analyses and
program development;
(3) the number and identity of the grantees receiving
implementation grants;
(4) the progress of grantees in implementing criminal
justice reinvestment strategies; and
(5) the performance of entities implementing criminal
justice reinvestment strategies, including relevant data on--
(A) the reduction, if any, in the number of
rearrests, reconvictions, and revocations of people
currently on probation and parole;
(B) the increase, if any, in the number of
successful completions of probation and parole;
(C) the reduction, if any, in the growth of the
prison and jail population;
(D) the portion of averted costs that has been or
will be reinvested and used to target high-risk
communities and individuals to reduce the rate of
rearrest, reconviction, and revocation to increase
public safety; and
(E) the reduction, if any, in rearrest rates by
people under the supervision of the criminal justice
system.
(d) Sharing Information.--The Attorney General shall establish an
information clearinghouse for data collected and for best practices
developed by eligible grantees developed in carrying out grants under
this section.
(e) Administration.--Applications for grants shall be considered on
a rolling basis and be responded to in a timely fashion in order to
provide assistance to policymakers facing various budget timelines.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $35,000,000 to carry out this section for each of the
fiscal years 2010 through 2014. | Criminal Justice Reinvestment Act of 2009 - Authorizes the Attorney General to make grants to states, local governments, territories, or Indian tribes to: (1) analyze and improve the cost-effectiveness of state and local spending on prisons, jails, and community corrections; and (2) assist in managing the growth in spending on corrections and increase public safety. | {"src": "billsum_train", "title": "To establish a criminal justice reinvestment grant program to help States and local jurisdictions reduce spending on corrections, control growth in the prison and jail populations, and increase public safety."} | 2,780 | 77 | 0.565741 | 1.444322 | 1.194499 | 4.695652 | 38.42029 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Patent Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the strength and quality of United States patents are
recognized throughout the world;
(2) patents are defined under United States law as a
private property right;
(3) the United States is regarded as the world leader in
intellectual property;
(4) patents are a societal and economic good for a country;
(5) technology enhances a country's growth and patents are
an integral part of that growth;
(6) patents create jobs and new businesses;
(7) patents are a source of lifting the standard of living
in a country;
(8) patents and innovation are a source of increasing
income for business and citizens of the country;
(9) patentable products are a source of trade for a
country; and
(10) the successful 207-year-old Federal agency responsible
for issuing patents can be a source of expertise and support
for other countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director of the patent and trademark office.--The term
``Director of the Patent and Trademark Office'' means the Under
Secretary of Commerce for Intellectual Property and the
Director of the United States Patent and Trademark Office.
(2) Patent and trademark office.--The term ``Patent and
Trademark Office'' means the United States Patent and Trademark
Office.
(3) GSP country.--The term ``GSP country'' means a
beneficiary developing country under title V of the Trade Act
of 1974.
SEC. 4. SOVEREIGN DUTIES OF THE PATENT AND TRADEMARK OFFICE.
(a) In General.--The Director of the Patent and Trademark Office,
subject to the policy guidance of the Secretary of Commerce, shall be
responsible for the following:
(1) The establishment in the Patent and Trademark Office of
a US/GSP International Country Notification Office for the
purpose of providing official notification of the issuance of
patents that are valid both under the laws of the United States
and a GSP country with which the United States has entered into
an agreement under subsection (b).
(2) Ensuring that patents that are to be valid under the
laws of such a GSP country and the United States be issued
according to standards applicable to patents issued under
United States law.
(3) Ensuring that all examination and search duties for the
grant of a patent that is to be valid under United States law
and the laws of such a GSP country are performed by patent
examiners in the Patent and Trademark Office who are United
States citizens.
(b) Agreements With Countries.--The Secretary of State, in
consultation with the Secretary of Commerce, shall seek to enter into
negotiations with each GSP country desiring patents to be issued
pursuant to this Act in order to conclude an agreement with that GSP
country providing for the issuance and notification of such patents
pursuant to this Act.
(c) Special Payments.--
(1) Trust funds.--The Director of the Patent and Trademark
Office shall establish a trust fund for each GSP country with
which the United States has an agreement under subsection (b).
The Director shall use amounts in the fund to assist that GSP
country in establishing or enhancing the patent system in that
country, through technical assistance, education programs, and
other appropriate programs. There shall be deposited into a
fund for a GSP country--
(A) 15 percent of the patent fees charged in
connection with applications for patent filed and
patents issued that are to be valid in both the United
States and that country; and
(B) a special handling fee for each such patent
application or patent, as determined by agreement
between the Director of the Patent and Trademark Office
and that country.
(2) Computer search facilities.--The United States shall
make available computer search facilities containing the patent
data base of the Patent and Trademark Office in each GSP
country with which there is an agreement under subsection (b).
A fee shall be charged for the use of such patent search
facilities in the GSP country. The fee shall be determined by
the Secretary of Commerce and the Director of the Patent and
Trademark Office, pursuant to agreement with that country. The
Secretary of State shall make available such computer search
facilities at the United States embassy or mission in that
country.
SEC. 5. SMALL BUSINESS DEVELOPMENT.
The Administrator of the Small Business Administration shall
provide information to the GSP countries with which agreements have
been entered into under section 4(b) on the steps required to create a
small business based on a patent issued to an individual or small
business pursuant to this Act.
SEC. 6. INTERNATIONAL/GSP PATENT PROGRAM.
The Agency for International Development shall use funds otherwise
available to develop and implement a program to provide instruction to
the GSP countries with which agreements have been reached under section
4(b) in the methods of structuring a patent system to enhance economic
development, including demonstrating the benefits that can accrue to
universities and other institutions from acquiring intellectual
property rights on the product of their research. | Requires the Director of the Office to establish a trust fund for each GSP country with which the United States has an agreement in order to assist such country in establishing or enhancing the patent system in that country. Requires the United States to make available computer search facilities containing the patent data base of the Office in each eligible GSP country.
Directs the Administrator of the Small Business Administration to provide information to eligible GSP countries on the steps required to create a small business based on a patent issued to an individual or small business pursuant to this Act.
Directs the U.S. Agency for International Development to use funds to develop and implement a program to provide instruction to eligible GSP countries in the methods of structuring a patent system to enhance economic development, including demonstrating the benefits that can accrue to universities and other institutions from acquiring intellectual property rights on the product of their search. | {"src": "billsum_train", "title": "International Patent Act of 2000"} | 1,113 | 194 | 0.543943 | 1.581069 | 0.733603 | 6.686747 | 6.391566 | 0.951807 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Higher Education
Savings Credit Act of 1997''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT ACCOUNTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
(relating to nonrefundable personal credits) is amended by inserting
after section 23 the following new section:
``SEC. 24. CONTRIBUTIONS TO EDUCATION INVESTMENT ACCOUNTS.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the applicable
percentage of the contributions made by the taxpayer for the
taxable year to an education investment account of an account
holder who is an individual with respect to whom the taxpayer
is allowed a deduction under section 151(c) for such taxable
year.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is the percentage determined in
accordance with the following table with respect to the age of
the account holder as of the close of the taxable year:
``If the account The applicable
holder's age is: percentage is:
Not over 6................................. 50
Over 6 but not over 9...................... 40
Over 9 but not over 12..................... 30
Over 12 but not over 15.................... 20
Over 15 but not over 18.................... 10
``(b) Limitation on Amount of Contributions Taken Into Account in
Determining Credit.--The amount of contributions which may be taken
into account under subsection (a) with respect to each account holder
shall not exceed $500.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Education investment account.--The term `education
investment account' means a trust created or organized in the
United States exclusively for the purpose of paying the
qualified higher education expenses of the account holder, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted--
``(i) unless it is in cash,
``(ii) except in the case of rollover
contributions from another education investment
account, in excess of $1,500 for any calendar
year, and
``(iii) after the date on which the account
holder attains age 18.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) Any balance in the education investment
account on the day after the date on which the account
holder attains age 30 (or, if earlier, the date on
which such holder dies) shall be distributed within 30
days of such date to the account holder (or in the case
of death, the beneficiary).
``(2) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means the cost of attendance
(within the meaning of section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll), as in effect
on the date of the enactment of the Higher Education
Access and Affordability Act of 1997) of the account
holder at an eligible educational institution, except
that such expenses shall be reduced by--
``(i) the amount excluded from gross income
under section 135 by reason of such expenses,
and
``(ii) the amount of the reduction
described in section 135(d)(1) (other than
subparagraph (E)).
``(B) State tuition plans.--Such term shall include
amounts paid or incurred to purchase tuition credits or
certificates, or to make contributions to an account,
under a qualified State tuition program (as defined in
section 529(b)).
``(3) Eligible educational institution.--The term `eligible
educational institution' has the meaning given such term by
section 135(c)(3).
``(4) Account holder.--The term `account holder' means the
individual for whose benefit the education investment account
is established.
``(5) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
the preceding taxable year if the contribution is made on
account of such taxable year and is made not later than the
time prescribed by law for filing the return for such taxable
year (not including extensions thereof).
``(6) Account may not be established for benefit of more
than 1 individual.--An education investment account may not be
established for the benefit of more than 1 individual.
``(7) Special rule where more than 1 account.--If, at any
time during a calendar year, 2 or more education investment
accounts are maintained for the benefit of an individual, only
the account first established shall be treated as an education
investment account for purposes of this section. This paragraph
shall not apply to the extent more than 1 account exists solely
by reason of a rollover contribution.
``(d) Tax Treatment of Account.--
``(1) In general.--An education investment account shall be
exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, the education investment account shall be
subject to the taxes imposed by section 511 (relating to
imposition of tax on unrelated business income of charitable
organizations).
``(2) Special rules.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any
education investment account, and any amount treated as
distributed under such rules shall be treated as not used to
pay qualified higher education expenses.
``(e) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of an education
investment account shall be included in gross income of the
payee or distributee for the taxable year in the manner
prescribed by section 72. For purposes of the preceding
sentence, rules similar to the rules of section 408(d)(2) shall
apply.
``(2) Distribution used to pay educational expenses.--
Paragraph (1) shall not apply to any payment or distribution
out of an education investment account to the extent such
payment or distribution is used exclusively to pay the
qualified higher education expenses of the account holder.
``(3) Special rule for applying section 2503.--If any
payment or distribution from an education investment account is
used exclusively for the payment to an eligible educational
institution of the qualified higher education expenses of the
account holder, such payment shall be treated as a qualified
transfer for purposes of section 2503(e).
``(4) Additional tax and credit recapture for distributions
not used for educational expenses.--
``(A) In general.--
``(i) Additional tax.--The tax imposed by
this chapter for any taxable year on any
taxpayer who receives a payment or distribution
from an education investment account which is
includible in gross income under paragraph (1)
shall be increased by 10 percent of the amount
which is so includible.
``(ii) Credit recapture.--If any payment or
distribution out of an education investment
account is not used exclusively to pay the
qualified higher education expenses of the
account holder, the account holder's tax
imposed by this chapter for the taxable year in
which such payment or distribution is made
shall be increased by the lesser of the amount
of the payment or distribution or the excess
(if any) of--
``(I) the aggregate credit allowed
under this section for contributions to
such account, over
``(II) the aggregate increase in
tax under this clause for all prior
taxable years with respect to payments
and distributions out of such account.
``(B) Exception for disability, death, or
scholarship.--Subparagraph (A) shall not apply if the
payment or distribution is--
``(i) made on account of the death or
disability of the account holder, or
``(ii) made on account of a scholarship (or
allowance or payment described in section
135(d)(1) (B) or (C)) received by the account
holder to the extent the amount of the payment
or distribution does not exceed the amount of
the scholarship, allowance, or payment.
``(C) Excess contributions returned before due date
of return.--Subparagraph (A) shall not apply to the
distribution to a contributor of any contribution paid
during a taxable year to an education investment
account to the extent that such contribution, when
added to previous contributions to the account during
the taxable year, exceeds $1,500 if--
``(i) such distribution is received on or
before the day prescribed by law (including
extensions of time) for filing such
contributor's return for such taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the contributor for the
taxable year in which such excess contribution was
made.
``(5) Rollover contributions.--Paragraph (1) shall not
apply to any amount paid or distributed from an education
investment account to the extent that the amount received is
paid into another education investment account for the benefit
of the account holder not later than the 60th day after the day
on which the holder receives the payment or distribution. The
preceding sentence shall not apply to any payment or
distribution if it applied to any prior payment or distribution
during the 12-month period ending on the date of the payment or
distribution.
``(6) Special rules for death and divorce.--Rules similar
to the rules of section 220(f) (7) and (8) shall apply.
``(f) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(g) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an account
described in subsection (b)(1). For purposes of this title, in the case
of a custodial account treated as a trust by reason of the preceding
sentence, the custodian of such account shall be treated as the trustee
thereof.
``(h) Reports.--The trustee of an education investment account
shall make such reports regarding such account to the Secretary and to
the account holder with respect to contributions, distributions, and
such other matters as the Secretary may require under regulations. The
reports required by this subsection shall be filed at such time and in
such manner and furnished to such individuals at such time and in such
manner as may be required by those regulations.''
(b) Tax on Prohibited Transactions.--Section 4975 (relating to
prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(5) Special rule for education investment accounts.--An
individual for whose benefit an education investment account is
established and any contributor to such account shall be exempt
from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be an education investment
account by reason of the application of section 24 to such
account.''; and
(2) in subsection (e)(1), by striking ``or'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) a education investment account described in
section 24(c), or''.
(c) Failure To Provide Reports on Education Investment Accounts.--
Section 6693 (relating to failure to provide reports on individual
retirement accounts or annuities) is amended--
(1) by striking ``individual retirement'' and inserting
``certain tax-favored'' in the heading of such section, and
(2) in subsection (a)(2), by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(C) section 24(h) (relating to education
investment accounts).''
(d) Coordination With Savings Bond Exclusion.--Section 135(d)(1) is
amended by striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, or'' , and
by adding at the end the following new subparagraph:
``(E) a payment or distribution from an education
investment account (as defined in section 24(c)).''
(e) Clerical Amendments.--
(1) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 23 the following new item:
``Sec. 24. Contributions to education
investment accounts.''
(2) The item relating to section 6693 in the table of
sections for subchapter B of chapter 68 is amended by striking
``individual retirement'' and inserting ``certain tax-
favored''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Higher Education Savings Credit Act of 1997 - Amends the Internal Revenue Code to establish a credit for contributions made by a taxpayer to a qualifying higher education investment account for a dependent not over 18 years old. Determines such credit upon a maximum annual contribution of $500 per account holder and an age-based percentage. Excludes account distributions from gross income if used to pay the holder's qualified higher education expenses, and provides for an additional tax and credit recapture (with exceptions) if used otherwise.
Sets forth related reporting requirements. | {"src": "billsum_train", "title": "Higher Education Savings Credit Act of 1997"} | 3,220 | 122 | 0.515537 | 1.249759 | 0.601905 | 1.883495 | 29.087379 | 0.815534 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Employer's Restitution Act
of 2003'' .
SEC. 2. ALIENATION OF PENSION PLAN BENEFITS TO SATISFY COURT JUDGMENTS,
DECREES, OR ORDERS REQUIRING RESTITUTION FOR EMBEZZLEMENT
OF STATE OR LOCAL GOVERNMENT FUNDS.
(a) Amendment to the Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 206(d) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1056(d)) is amended by
adding at the end the following new paragraph:
``(6)(A) Paragraph (1) shall apply to the creation, assignment, or
recognition of a right to any benefit payable with respect to a
participant pursuant to an embezzlement restitution order, except that
paragraph (1) shall not apply if the order is determined to be a
qualified embezzlement restitution order. Each pension plan shall
provide for the payment of benefits in accordance with the applicable
requirements of any qualified embezzlement restitution order.
``(B) For purposes of this paragraph--
``(i) the term `qualified embezzlement restitution order'
means an embezzlement restitution order--
``(I) which creates or recognizes the existence of
an aggrieved State or local government's right to, or
assigns to an aggrieved State or local government the
right to, receive all or a portion of the benefits
payable with respect to a participant under a plan, and
``(II) with respect to which the requirements of
subparagraphs (C) and (D) are met, and
``(ii) the term `embezzlement restitution order' means an
order arising under a judgment of conviction of an individual
by a court of competent jurisdiction of the crime of
embezzlement in violation of the applicable laws of the United
States or of any State or political subdivision thereof, which
provides for restitution to the government of any State or
political subdivision thereof of losses sustained by such
government in connection with embezzlement of the funds of such
government by such individual.
``(C) A qualified embezzlement restitution order meets the
requirements of this subparagraph only if such order clearly
specifies--
``(i) the name and the last known mailing address (if any)
of the participant and the name and mailing address of each
aggrieved State or local government covered by the order,
``(ii) the amount or percentage of the participant's
benefits to be paid by the plan to each such aggrieved State or
local government, or the manner in which such amount or
percentage is to be determined,
``(iii) the number of payments or period to which such
order applies, and
``(iv) each plan to which such order applies.
``(D) A qualified embezzlement restitution order meets the
requirements of this subparagraph only if such order--
``(i) does not require a plan to provide any type or form
of benefit, or any option, not otherwise provided under the
plan,
``(ii) does not require the plan to provide increased
benefits (determined on the basis of actuarial value), and
``(iii) does not require the payment of benefits to the
government of any State or political subdivision thereof which
are required to be paid to any other entity--
``(I) as an aggrieved State or local government
under another order previously determined to be a
qualified embezzlement restitution order, or
``(II) as an alternate payee under an order
previously determined to be a qualified domestic
relations order (as defined in paragraph (3)(B)(i)).
``(E) The provisions of subparagraphs (E), (G), (H), (I), and (M)
of paragraph (3) shall apply for purposes of this paragraph in the same
manner and to the same extent as such subparagraphs apply for purposes
of paragraph (3), except that--
``(i) any reference to a `qualified domestic relations
order` or a `domestic relations order' shall be deemed a
reference to a qualified embezzlement restitution order or an
embezzlement restitution order, respectively, and
``(ii) any reference to an `alternate payee' shall be
deemed a reference to an aggrieved State or local government.
``(F) Notwithstanding subparagraph (A), paragraph (1) shall apply
with respect to the creation, assignment, or recognition of a right to
any benefit payable with respect to a participant pursuant to any
embezzlement restitution order if the requirements of paragraph (4)(C)
are met with respect to the plan. In applying paragraph (4)(C) and
paragraph (5) for purposes of this subparagraph--
``(i) any reference to an `offset' shall be deemed a
reference to the creation, assignment, or recognition of a
right to any benefit payable with respect to the participant
pursuant to an embezzlement restitution order,
``(ii) any reference to a `judgment, order, decree, or
settlement' to pay an amount to the plan shall be deemed a
reference to the embezzlement restitution order, and
``(iii) any reference to a `violation of part 4' of
subtitle B shall be deemed a reference to embezzlement in
violation of the applicable laws of the United States or of any
State or political subdivision thereof.
``(G) For purposes of this paragraph, the term `aggrieved State or
local government' means, with respect to any plan participant, the
government of a State or a political subdivision thereof that is
recognized by an embezzlement restitution order as having a right to
receive as restitution all, or a portion of, the benefits payable under
the plan with respect to such participant.
``(H) This paragraph shall not apply to any plan to which paragraph
(1) does not apply.
``(I) In prescribing regulations under this paragraph, the
Secretary shall consult with the Secretary of the Treasury.''.
(2) Clarification of preemption provision.--Paragraph (7)
of section 514(b) of such Act (29 U.S.C. 1144(b)(7)) is amended
by inserting ``qualified embezzlement restitution orders
(within the meaning of section 206(d)(6)(B)(i)),'' after
``section 206(d)(3)(B)(i)),''.
(b) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Paragraph (13) of section 401(a) of the
Internal Revenue Code of 1986 (relating to assignment and
alienation) is amended by adding at the end the following new
subparagraph:
``(E) Special rules for qualified embezzlement
restitution orders.--Subparagraph (A) shall not apply
with respect to the creation, assignment, or
recognition of a right to any benefit payable with
respect to a participant pursuant to an embezzlement
restitution order, except that subparagraph (A) shall
not apply if the order is determined to be a qualified
embezzlement restitution order.''.
(2) Qualified embezzlement restitution order defined.--
Section 414 of such Code (relating to definitions and special
rules) is amended by adding at the end the following new
subsection:
``(w) Qualified Embezzlement Restitution Order Defined.--For
purposes of this subsection and section 401(a)(13)--
``(1) In general.--
``(A) Qualified embezzlement restitution order.--
The term `qualified embezzlement restitution order'
means an embezzlement restitution order--
``(i) which creates or recognizes the
existence of an aggrieved State or local
government's right to, or assigns to an
aggrieved State or local government the right
to, receive all or a portion of the benefits
payable with respect to a participant under a
plan, and
``(ii) with respect to which the
requirements of paragraphs (2) and (3) are met.
``(B) Embezzlement restitution order.--The term
`embezzlement restitution order' means an order arising
under a judgment of conviction of an individual by a
court of competent jurisdiction of the crime of
embezzlement in violation of the applicable laws of the
United States or of any State or political subdivision
thereof, which provides for restitution to the
government of any State or political subdivision
thereof of losses sustained by such government in
connection with the embezzlement of the funds of such
government by such individual.
``(2) Order must clearly specify certain facts.--A
qualified embezzlement restitution order meets the requirements
of this paragraph only if such order clearly specifies--
``(A) the name and the last known mailing address
(if any) of the participant and the name and mailing
address of each aggrieved State or local government
covered by the order,
``(B) the amount or percentage of the participant's
benefits to be paid by the plan to each such aggrieved
State or local government, or the manner in which such
amount or percentage is to be determined,
``(C) the number of payments or period to which
such order applies, and
``(D) each plan to which such order applies.
``(3) Order may not alter amount, form, etc., of
benefits.--A qualified embezzlement restitution order meets the
requirements of this paragraph only if such order--
``(A) does not require a plan to provide any type
or form of benefit, or any option, not otherwise
provided under the plan,
``(B) does not require the plan to provide
increased benefits (determined on the basis of
actuarial value), and
``(C) does not require the payment of benefits to
the government of any State or political subdivision
thereof which are required to be paid to any other
entity--
``(i) as an aggrieved State or local
government under another order previously
determined to be a qualified embezzlement
restitution order, or
``(ii) as an alternate payee under an order
previously determined to be a qualified
domestic relations order (as defined in
subsection (p)(1)(A)).
``(4) Application of certain provisions.--The provisions of
paragraphs (4), (6), (7), (10), (11), and (12) of subsection
(p) shall apply for purposes of this subsection and section
401(a)(13) in the same manner and to the same extent as such
paragraphs apply for purposes of subsection (p) and section
401(a)(13), except that--
``(A) any reference to a `qualified domestic
relations order` or a `domestic relations order' shall
be deemed a reference to a qualified embezzlement
restitution order or an embezzlement restitution order,
respectively, and
``(B) any reference to an `alternate payee' shall
be deemed a reference to an aggrieved State or local
government.
``(5) Inapplicability of embezzlement restitution orders in
the case of certain survivor annuity requirements applicable to
spouse.--Notwithstanding section 401(a)(13)(E), section
401(a)(13)(A) shall apply with respect to the creation,
assignment, or recognition of a right to any benefit payable
with respect to a participant pursuant to any embezzlement
restitution order if the requirements of section
401(a)(13)(C)(iii) are met with respect to the plan. In
applying subparagraphs (C)(iii) and (D) of section 401(a)(13)
for purposes of this paragraph--
``(A) any reference to an `offset' shall be deemed
a reference to the creation, assignment, or recognition
of a right to any benefit payable with respect to the
participant pursuant to an embezzlement restitution
order,
``(B) to pay an amount to the plan shall be deemed
a reference to the embezzlement restitution order, and
``(C) any reference to a `violation of part 4' of
subtitle B of title I of the Employee Retirement Income
Security Act of 1974 shall be deemed a reference to
embezzlement in violation of the applicable laws of the
United States or of any State or political subdivision
thereof.
``(6) Aggrieved state or local government.--The term
`aggrieved State or local government' means, with respect to
any plan participant, the government of any State or political
subdivision thereof that is recognized by an embezzlement
restitution order as having a right to receive as restitution
all, or a portion of, the benefits payable under the plan with
respect to such participant.
``(7) Subsection not to apply to plans to which section
401(a)(13) does not apply.--This subsection shall not apply to
any plan to which section 401(a)(13) does not apply. For
purposes of this title, except as provided in regulations, any
distribution from an annuity contract under section 403(b)
pursuant to a qualified embezzlement restitution order shall be
treated in the same manner as a distribution from a plan to
which section 401(a)(13) applies.
``(8) Consultation with the secretary.--In prescribing
regulations under this subsection and section 401(a)(13), the
Secretary of Labor shall consult with the Secretary.''.
(c) Effective Date.--The amendments made by this Act shall take
effect January 1, 2004. | Public Employer's Restitution Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow alienation of an individual's benefits under certain pension plans in order to satisfy, in part or whole, court judgments, decrees, or orders requiring restitution for embezzlement of State or local government funds (qualified embezzlement restitution orders).
Gives priority, before payment of such benefits to a State or local government under such an order, to their payment to any other aggrieved State or local government under a previously determined qualified: (1) embezzlement restitution order; or (2) domestic relations order that has such government as an alternate payee. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act and the Internal Revenue Code to allow for alienation of benefits to satisfy court judgments, decrees, or orders requiring restitution for embezzlement of State or local government funds."} | 3,177 | 162 | 0.622672 | 1.837564 | 0.639662 | 3.007634 | 20.427481 | 0.916031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Creek Massacre National
Historic Site Establishment Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) on November 29, 1864, a peaceful village of Cheyenne and
Arapaho Indians under the leadership of Chief Black Kettle, along
Sand Creek in southeastern Colorado territory was attacked by
approximately 700 volunteer soldiers commanded by Colonel John M.
Chivington;
(2) more than 150 Cheyenne and Arapaho were killed in the
attack, most of whom were women, children, or elderly;
(3) during the massacre and the following day, the soldiers
committed atrocities on the dead before withdrawing from the field;
(4) the site of the Sand Creek Massacre is of great
significance to descendants of the victims of the massacre and
their respective tribes, for the commemoration of ancestors at the
site;
(5) the site is a reminder of the tragic extremes sometimes
reached in the 500 years of conflict between Native Americans and
people of European and other origins concerning the land that now
comprises the United States;
(6) Congress, in enacting the Sand Creek Massacre National
Historic Site Study Act of 1998 (Public Law 105-243; 112 Stat.
1579), directed the National Park Service to complete a resources
study of the site;
(7) the study completed under that Act--
(A) identified the location and extent of the area in which
the massacre took place; and
(B) confirmed the national significance, suitability, and
feasibility of, and evaluated management options for, that
area, including designation of the site as a unit of the
National Park System; and
(8) the study included an evaluation of environmental impacts
and preliminary cost estimates for facility development,
administration, and necessary land acquisition.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the Sand Creek Massacre as--
(A) a nationally significant element of frontier military
and Native American history; and
(B) a symbol of the struggles of Native American tribes to
maintain their way of life on ancestral land;
(2) to authorize, on acquisition of sufficient land, the
establishment of the site of the Sand Creek Massacre as a national
historic site; and
(3) to provide opportunities for the tribes and the State to be
involved in the formulation of general management plans and
educational programs for the national historic site.
SEC. 3. DEFINITIONS.
In this Act:
(1) Descendant.--The term ``descendant'' means a member of a
tribe, an ancestor of whom was injured or killed in, or otherwise
affected by, the Sand Creek Massacre.
(2) Management plan.--The term ``management plan'' means the
management plan required to be developed for the site under section
7(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(4) Site.--The term ``site'' means the Sand Creek Massacre
National Historic Site established under section 4(a).
(5) State.--The term ``State'' means the State of Colorado.
(6) Tribe.--The term ``tribe'' means--
(A) the Cheyenne and Arapaho Tribes of Oklahoma;
(B) the Northern Cheyenne Tribe; or
(C) the Northern Arapaho Tribe.
SEC. 4. ESTABLISHMENT.
(a) In General.--
(1) Determination.--On a determination by the Secretary that
land described in subsection (b)(1) containing a sufficient
quantity of resources to provide for the preservation,
memorialization, commemoration, and interpretation of the Sand
Creek Massacre has been acquired by the National Park Service, the
Secretary shall establish the Sand Creek Massacre National Historic
Site, Colorado.
(2) Publication.--The Secretary shall publish in the Federal
Register a notice of the determination of the Secretary under
paragraph (1).
(b) Boundary.--
(1) Map and acreage.--The site shall consist of approximately
12,480 acres in Kiowa County, Colorado, the site of the Sand Creek
Massacre, as generally depicted on the map entitled, ``Sand Creek
Massacre Historic Site'', numbered, SAND 80,013 IR, and dated July
1, 2000.
(2) Legal description.--The Secretary shall prepare a legal
description of the land and interests in land described in
paragraph (1).
(3) Public availability.--The map prepared under paragraph (1)
and the legal description prepared under paragraph (2) shall be on
file and available for public inspection in the appropriate offices
of the National Park Service.
(4) Boundary revision.--The Secretary may, as necessary, make
minor revisions to the boundary of the site in accordance with
section 7(c) of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-9(c)).
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall manage the site in accordance
with--
(1) this Act;
(2) the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1 et seq.);
(3) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); and
(4) other laws generally applicable to management of units of
the National Park System.
(b) Management.--The Secretary shall manage the site--
(1) to protect and preserve the site, including--
(A) the topographic features that the Secretary determines
are important to the site;
(B) artifacts and other physical remains of the Sand Creek
Massacre; and
(C) the cultural landscape of the site, in a manner that
preserves, as closely as practicable, the cultural landscape of
the site as it appeared at the time of the Sand Creek Massacre;
(2)(A) to interpret the natural and cultural resource values
associated with the site; and
(B) provide for public understanding and appreciation of, and
preserve for future generations, those values; and
(3) to memorialize, commemorate, and provide information to
visitors to the site to--
(A) enhance cultural understanding about the site; and
(B) assist in minimizing the chances of similar incidents
in the future.
(c) Consultation and Training.--
(1) In general.--In developing the management plan and
preparing educational programs for the public about the site, the
Secretary shall consult with and solicit advice and recommendations
from the tribes and the State.
(2) Agreements.--The Secretary may enter into cooperative
agreements with the tribes (including boards, committees,
enterprises, and traditional leaders of the tribes) and the State
to carry out this Act.
SEC. 6. ACQUISITION OF PROPERTY.
(a) In General.--The Secretary may acquire land and interests in
land within the boundaries of the site--
(1) through purchase (including purchase with donated or
appropriated funds) only from a willing seller; and
(2) by donation, exchange, or other means, except that any land
or interest in land owned by the State (including a political
subdivision of the State) may be acquired only by donation.
(b) Priority for Acquisition.--The Secretary shall give priority to
the acquisition of land containing the marker in existence on the date
of enactment of this Act, which states ``Sand Creek Battleground,
November 29 and 30, 1864'', within the boundary of the site.
(c) Cost-Effectiveness.--
(1) In general.--In acquiring land for the site, the Secretary,
to the maximum extent practicable, shall use cost-effective
alternatives to Federal fee ownership, including--
(A) the acquisition of conservation easements; and
(B) other means of acquisition that are consistent with
local zoning requirements.
(2) Support facilities.--A support facility for the site that
is not within the designated boundary of the site may be located in
Kiowa County, Colorado, subject to an agreement between the
Secretary and the Commissioners of Kiowa County, Colorado.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--Not later than 5 years after the date on which
funds are made available to carry out this Act, the Secretary shall
prepare a management plan for the site.
(b) Inclusions.--The management plan shall cover, at a minimum--
(1) measures for the preservation of the resources of the site;
(2) requirements for the type and extent of development and use
of the site, including, for each development--
(A) the general location;
(B) timing and implementation requirements; and
(C) anticipated costs;
(3) requirements for offsite support facilities in Kiowa
County;
(4) identification of, and implementation commitments for,
visitor carrying capacities for all areas of the site;
(5) opportunities for involvement by the tribes and the State
in the formulation of educational programs for the site; and
(6) opportunities for involvement by the tribes, the State, and
other local and national entities in the responsibilities of
developing and supporting the site.
SEC. 8. NEEDS OF DESCENDANTS.
(a) In General.--A descendant shall have reasonable rights of
access to, and use of, federally acquired land within the site, in
accordance with the terms and conditions of a written agreement between
the Secretary and the tribe of which the descendant is a member.
(b) Commemorative Needs.--In addition to the rights described in
subsection (a), any reasonable need of a descendant shall be considered
in park planning and operations, especially with respect to
commemorative activities in designated areas within the site.
SEC. 9. TRIBAL ACCESS FOR TRADITIONAL CULTURAL AND HISTORICAL
OBSERVANCE.
(a) Access.--
(1) In general.--The Secretary shall grant to any descendant or
other member of a tribe reasonable access to federally acquired
land within the site for the purpose of carrying out a traditional,
cultural, or historical observance.
(2) No fee.--The Secretary shall not charge any fee for access
granted under paragraph (1).
(b) Conditions of Access.--In granting access under subsection (a),
the Secretary shall temporarily close to the general public one or more
specific portions of the site in order to protect the privacy of tribal
members engaging in a traditional, cultural, or historical observance
in those portions; and any such closure shall be made in a manner that
affects the smallest practicable area for the minimum period necessary
for the purposes described above.
(c) Sand Creek Repatriation Site.--
(1) In general.--The Secretary shall dedicate a portion of the
federally acquired land within the site to the establishment and
operation of a site at which certain items referred to in paragraph
(2) that are repatriated under the Native American Graves
Protection and Repatriation Act (25 U.S.C. 300 et seq.) or any
other provision of law may be interred, reinterred, preserved, or
otherwise protected.
(2) Acceptable items.--The items referred to in paragraph (1)
are any items associated with the Sand Creek Massacre, such as--
(A) Native American human remains;
(B) associated funerary objects;
(C) unassociated funerary objects;
(D) sacred objects; and
(E) objects of cultural patrimony.
(d) Tribal Consultation.--In exercising any authority under this
section, the Secretary shall consult with, and solicit advice and
recommendations from, descendants and the tribes.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires descendants of such Indians to have reasonable rights of access to, and use of, federally acquired land within the Site.
Directs the Secretary to: (1) grant to any descendant or tribal member reasonable access to federally acquired land within the Site for carrying out traditional, cultural, or historical observance (closing the area to the general public during such period); and (2) dedicate a portion of the Site to certain burial and commemorative remains and objects.
Authorizes appropriations. | {"src": "billsum_train", "title": "Sand Creek Massacre National Historic Site Establishment Act of 2000"} | 2,625 | 107 | 0.430362 | 1.285015 | 0.911934 | 4.484211 | 25.410526 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wasatch Wilderness and Watershed
Protection Act of 2010''.
SEC. 2. DESIGNATION OF WILDERNESS, UINTA-WASATCH-CACHE NATIONAL
FORESTS, UTAH.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following Federal lands within the
Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, are
designated as wilderness and as either a new component of the National
Wilderness Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain lands in the vicinity of the Lone Peak
Wilderness comprising approximately 4,627 acres, as generally
depicted on the map titled ``Wasatch Mountains Wilderness and
Watershed Protection'' and dated January 29, 2010 (in this
subsection referred to as the ``map''), which shall be added to
and administered as part of the Lone Peak Wilderness designated
by section 2(I) of Public Law 95-237 (92 Stat. 42).
(2) Certain lands in the vicinity of the Mount Olympus
Wilderness comprising approximately 813 acres, as generally
depicted on the map, which shall be added to and administered
as part of the Mount Olympus Wilderness designated by section
102(a)(3) of Public Law 98-428 (98 Stat. 1658).
(3) Certain lands comprising approximately 2,342 acres, as
generally depicted on the map, which shall be known as the
``Bear Trap Wilderness''.
(4) Certain lands comprising approximately 7,759 acres, as
generally depicted on the map, which shall be known as the
``Wayne Owens Grandeur Peak/Mount Aire Wilderness''.
(b) Map and Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by paragraphs (1)
through (4) of subsection (a). The maps and legal descriptions
shall be on file and available for public inspection in the
office of the Chief of the Forest Service.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) and (2) shall have the same force and
effect as if included in this Act, except that the Secretary of
Agriculture may correct clerical and typographical errors in
the maps and legal descriptions.
SEC. 3. HELISKIING SPECIAL MANAGEMENT AREA, UINTA-WASATCH-CACHE
NATIONAL FORESTS, UTAH.
(a) Designation.--Certain Federal lands contiguous to the existing
Mount Olympus, Twin Peaks, and Lone Peak Wilderness Areas, and the
Wayne Owens Grandeur Peak/Mount Aire Wilderness Area enacted by this
legislation in the Uinta-Wasatch-Cache National Forest comprising
approximately 10,479 acres, as generally depicted on a map titled
``Wasatch Mountains Wilderness and Watershed Protection'' and dated
January 29, 2010, are hereby designated as the ``Heliskiing Special
Management Area''.
(b) Maps and Descriptions.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of the
Heliskiing Special Management Area. The map and legal
description shall be on file and available for public
inspection in the office of the Chief of the Forest Service.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct typographical errors in the maps and legal
descriptions.
(c) Management.--
(1) In general.--The Secretary of Agriculture shall manage
activities within the Heliskiing Special Management Area to
maintain the area's presently existing wilderness character and
potential for inclusion in the National Wilderness Preservation
System.
(2) Prohibitions.--
(A) Permanent roads.--Permanent roads may not be
established in the Heliskiing Special Management Area.
(B) Temporary roads and vehicles.--Except as
necessary to meet the minimum requirements for the
administration of the Heliskiing Special Management
Area and to protect public health and safety--
(i) the use of motorized or mechanized
vehicles, except as described in paragraph (3),
is prohibited in the Heliskiing Special
Management Area; and
(ii) the establishment of temporary roads
is prohibited in the Heliskiing Special
Management Area.
(3) Allowable activities.--The Secretary of Agriculture may
allow Heliskiing, that have been authorized on the Federal
lands included within the Heliskiing Special Management Area as
of the date of the enactment of this Act to continue within the
area designated as the Heliskiing Special Management Area. The
designation of the Heliskiing Special Management Area shall not
impact future permit processes relating to such activities.
(4) Applicable law.--Any uses of the Federal lands included
within the Heliskiing Special Management Area, including
activities described in paragraph (3), shall be carried out in
accordance with applicable law.
(d) Eventual Designation as Wasatch Mountain Wilderness.--
(1) Designation for wilderness.--The Federal lands included
within the Heliskiing Special Management Area shall be
designated as wilderness and as a new component of the National
Wilderness Preservation System on the date on which the
Secretary of Agriculture publishes in the Federal Register
notice that all commercial helicopter-assisted skiing or
snowboarding activities on the lands has been terminated.
(2) Renaming.--Upon its designation as wilderness under
paragraph (1), the Heliskiing Special Management Area shall be
known and redesignated as the ``Wasatch Mountain Wilderness''.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Covered Land Defined.--In this section, the term ``covered
land'' means--
(1) the wilderness areas designated or expanded by sections
2 and 3; and
(2) the Heliskiing Special Management Area designated by
section 3.
(b) Administration Generally.--Subject to valid rights in existence
on the date of the enactment of this Act, land designated as wilderness
by section 2 or 3 shall be administered by the Secretary of Agriculture
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this Act.
(c) Treatment of Effective Date of Wilderness Act.--
(1) In general.--With respect to land designated as
wilderness by section 2, any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of
the enactment of this Act.
(2) Wasatch mountain wilderness.--With respect to the
Wasatch Mountain Wilderness designated by section 3, any
reference in the Wilderness Act to the effective date of the
Wilderness Act shall be deemed to be a reference to the date of
the Federal Register notice referred to in section 3(d)(1).
(d) Fish and Wildlife.--Nothing in this Act shall affect the
jurisdiction or responsibility of the State of Utah with respect to
wildlife and fish.
(e) No Buffer Zones.--
(1) In general.--Nothing in this Act shall create a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from within
covered land shall not preclude the conduct of the activity or
use outside the boundary of the covered land.
(f) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, covered land is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under public land
laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(g) Acquired Land.--Any land or interest in land located inside the
boundaries of covered land that is acquired by the United States after
the date of the enactment of this Act shall become part of the relevant
wilderness or special management area and shall be managed in
accordance with this Act and other applicable law.
SEC. 5. LAND EXCHANGE, UINTA-WASATCH-CACHE NATIONAL FOREST.
(a) Description of Land Exchange.--The Secretary of Agriculture
shall expedite a land exchange between Snowbird Corp and the Secretary
involving land owned by Snowbird Corp in the Flagstaff White Pine and
Red Pine areas of Little and Big Cottonwood Canyons of the Uinta-
Wasatch-Cache National Forest and National Forest System land located
in the American Fork Twins. It is the intent of Congress that the land
exchange be completed not later than one year after the date of the
enactment of this Act. It is the intent of Congress that the Secretary,
acting through the Chief of the Forest Service and the Uinta-Wasatch-
Cache National Forest, and in accordance with applicable law,
expeditiously facilitates the land exchange process contemplated in the
subsection (a) and Snowbird's associated expansion process to ensure
the continued outdoor recreational opportunities for the public.
(b) Management of Acquired Land.--The land acquired by the
Secretary of Agriculture in the land exchange described in subsection
(a) shall be included in the Uinta-Wasatch-Cache National Forest and
managed by the Secretary so as to maintain the land's existing
wilderness character and potential for inclusion in the National
Wilderness Preservation System. The Red Pine/White Pine Area land
acquired by the Secretary of Agriculture in the land exchange described
in subsection (a) shall be included in the Uinta-Wasatch National
Forest and managed by the Secretary so as to maintain the land's
existing wilderness character and for inclusion in the National
Wilderness Preservation System.
(c) Private Property.--The Lands acquired by Snowbird Corp in the
land exchange described in subsection (a) shall become Snowbird's
private property. These lands are adjacent to other areas currently
used by Snowbird for ski resort operations, either owned or managed
under a special use permit issued by the Uinta-Wasatch-Cache National
Forest. It is anticipated that Snowbird will expand its ski resort
operations into these acquired lands, to include chairlifts, tramway
facilities, or both.
(d) Prohibitions.--The following are prohibited on the land
acquired by the Secretary of Agriculture in the land exchange described
in subsection (a):
(1) Permanent roads.
(2) Except as necessary to meet the minimum requirements
for the administration of the land and to protect public health
and safety--
(A) the use of motorized or mechanized vehicles,
except as described in subsection (e); and
(B) the establishment of temporary roads.
(3) Ski resort expansion including chairlift construction
and operation.
(e) Avalanche Control Devices.--The Secretary of Agriculture may
allow GAZEX, or similar avalanche control devices within the acquired
Flagstaff Area land, to facilitate avalanche control to be installed
and maintained on the land acquired by the Secretary of Agriculture in
the land exchange described in subsection (a) for the sole purpose of
protecting public health and property.
(f) Withdrawal.--Subject to valid existing rights, the land
acquired by the Secretary of Agriculture in the land exchange described
in subsection (a) is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
energy leasing.
SEC. 6. WATERSHED MANAGEMENT.
Subject to such reasonable regulations as are considered by the
Secretary of Agriculture, nothing in this Act shall be construed to
limit motorized access, road maintenance, and ``necessary vegetation
management'' by the ``Forest Service and local government entities with
watershed management responsibilities'' on the land designated as
wilderness by section 2 or 3 and the Heliskiing Special Management Area
designated by section 3 for those minimum maintenance activities that
may be necessary--
(1) to guarantee the continued viability of watershed
facilities currently in existence on the date of enactment of
this Act;
(2) in the future to prevent the degradation of the water
supply on such lands or special management area;
(3) to guarantee the continued viability of watershed
facilities and existing water infrastructure, especially the
continued maintenance of White Pine Reservoir; or
(4) in the future to conduct vegetation management
activities to prevent degradation of the water supply mainly
due to widespread fire, disease, and insect infestations. | Wasatch Wilderness and Watershed Protection Act of 2010 - Designates specified federal lands in the vicinity of the Lone Peak Wilderness and the Mount Olympus Wilderness, and specified federal lands comprising the Bear Trap Wilderness and the Wayne Owens Grandeur Peaks/ Mount Aire Wilderness within the Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, as wilderness and as either a new component or as an addition to an existing component of the National Wilderness Preservation System.
Designates specified federal lands contiguous to the existing Mount Olympus, Twin Peaks, and Lone Peak Wilderness Areas and the Wayne Owens Grandeur Peak/Mount Aire Wilderness Area enacted by this Act as the Heliskiing Special Management Area.
Requires activities within the Special Management Area to be managed to maintain its presently existing wilderness character and potential for inclusion in the System.
Authorizes the Secretary of Agriculture (USDA) to allow heliskiing activities that have been authorized on the federal lands included within the Special Management Area to continue.
Designates the federal lands included within the Special Management Area as wilderness and as a new component of the System when the Secretary publishes a notice in the Federal Register that all commercial helicopter-assisted skiing and snowboarding activities on such lands have been terminated. Renames the Special Management Area upon designation as the Wasatch Mountain Wilderness.
Requires the Secretary to expedite a land exchange concerning certain lands in the Uinta-Wasatch-Cache National Forest. Requires the land acquired by the Secretary to be included in the National Forest and to be managed to maintain its existing wilderness character for potential inclusion in the System. | {"src": "billsum_train", "title": "To designate certain lands in the Wasatch Mountains of Salt Lake County, Utah, as wilderness, and for other purposes."} | 2,951 | 398 | 0.647827 | 2.094358 | 0.792572 | 4.986486 | 8.756757 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Netizens Protection Act of 2001''.
SEC. 2. PROHIBITION OF INITIATION OF TRANSMISSION OF UNSOLICITED
ELECTRONIC MAIL.
(a) In General.--No person may initiate, or cause to be initiated,
the transmission of an unsolicited electronic mail message in or
affecting interstate or foreign commerce if the message--
(1) does not contain the name, physical address, and
electronic mail address of the person who initiates the
transmission of the message;
(2) does not provide an electronic method by which the
recipient of the message can contact the person who initiated
the transmission of the message to request that no further such
messages be sent, which method may include electronic mail or
Internet access; or
(3)(A) is part of a bulk transmission of such messages; and
(B) includes information that is located in the subject
line of the message and is false or misleading with respect to
the body of the message.
(b) Treatment of State Laws.--Subsection (a) may not be construed
to preempt any State law relating to unsolicited commercial electronic
mail.
(c) Private Right of Action.--
(1) Cause of action.--Any person adversely affected by a
violation of subsection (a) may, within 1 year after discovery
of the violation, bring a civil action against a person who
violates such subsection in a district court of the United
States or in any other court of competent jurisdiction, for the
district or jurisdiction in which the unsolicited electronic
mail message was received or in which the defendant is located.
(2) Relief.--In a civil action under this subsection, the
court may--
(A) grant temporary and final injunctions on such
terms as it may deem reasonable to prevent or restrain
violations of subsection (a);
(B) award damages as described in paragraph (3);
and
(C) direct the recovery of full costs, including
awarding reasonable attorneys' fees to an aggrieved
party who prevails.
(3) Damages.--
(A) Amount.--The amount of damages in an action
under this subsection for a violation of subsection (a)
may not exceed $500 for each unsolicited electronic
mail message the transmission of which was initiated in
violation of such subsection. The court shall treble
the amount recovered under the preceding sentence for
any transmission of an unsolicited electronic mail message to the
aggrieved party in violation of subsection (a) that the court finds was
initiated after the aggrieved party contacted the initiator of the
transmission to request that the initiator not initiate further
transmissions of such mail to such person.
(B) Relationship to other damages.--Damages awarded
under this paragraph for a violation under subsection
(a) are in addition to any other damages awardable for
the violation under any other provision of law.
SEC. 3. RESTRICTIONS AGAINST USE OF INTERACTIVE COMPUTER SERVICES TO
INITIATE UNSOLICITED ELECTRONIC MAIL.
(a) Statement of Policy.--Each interactive computer service
provider shall make available to each customer of the interactive
computer servicer of the provider the policy of the provider regarding
unsolicited electronic mail, including any option the provider may have
for the customer to elect to receive or not to receive unsolicited
electronic mail and any other options customers may exercise to
restrict the receipt of unsolicited electronic mail. Such policy shall
be set forth in writing, in clear and understandable language, in the
agreement for the provision of the interactive computer service by the
customer.
(b) Violation of Policy Against Bulk Mail.--No customer of an
interactive computer service provider may use the equipment or
facilities of the provider to initiate, or cause to be initiated, the
bulk transmission of an unsolicited electronic mail message if the
policy referred to in subsection (a) of the provider prohibits the
initiation of such bulk transmissions.
(c) Cause of Action.--
(1) In general.--In addition to any other remedies
available under any other provision of law, any interactive
computer service provider adversely affected by a violation of
subsection (b) may bring a civil action in a district court of
the United States against a person who violates such
subsection.
(2) Relief.--
(A) In general.--An action may be brought under
paragraph (1) to enjoin a violation of subsection (b),
to obtain damages as specified in subparagraph (B), or
to obtain such further and other relief as the court
considers appropriate.
(B) Damages.--The amount of damages in an action
under this subsection for a violation of subsection (b)
may not exceed $500 for each unsolicited electronic
mail message the transmission of which was initiated in
violation of such subsection.
(C) Relationship to other damages.--Damages awarded
under this paragraph for a violation of subsection (b)
are in addition to any other damages awardable for the
violation under any other provision of law.
(D) Cost and fees.--The court may, in issuing any
final order in any action brought under this
subsection, award costs of suit, reasonable costs of
obtaining service of process, reasonable attorney fees,
and expert witness fees for the prevailing party.
(3) Venue; service of process.--Any civil action brought
under this subsection in a district court of the United States
may be brought in the district in which the defendant or in
which the interactive computer service provider is located, is
an inhabitant, or transacts business or wherever venue is
proper under section 1391 of title 28, United States Code.
Process in such an action may be served in any district in
which the defendant is an inhabitant or in which the defendant
may be found.
SEC. 4. PROTECTION OF INTERACTIVE COMPUTER SERVICE PROVIDERS.
(a) In General.--An interactive computer service provider who, in
good faith, takes action to restrict or prevent the receipt of
unsolicited electronic mail by its customers shall not be liable for
any harm resulting from failure to prevent such receipt.
(b) Rule of Construction.--Subsection (a) may not be construed to
prevent or restrict the liability of any interactive computer service
provider for any failure to provide any services other than restriction
or prevention for customers of receipt of unsolicited electronic mail.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Bulk.--The term ``bulk'' means, with respect to the
transmission of an electronic mail message, the transmission,
within a 7-day period, of such a message or messages that are
identical or substantially similar to 50 or more intended
recipients.
(2) Initiate the transmission.--The term ``initiate the
transmission'' means, with respect to an electronic mail, to
originate the message, and does not include the actions of any
interactive computer service whose facilities or services are
used only to relay, handle, or otherwise retransmit the
message.
(3) Interactive computer service.--The term ``interactive
computer service'' has the meaning given such term in section
230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)).
(4) Interactive computer service provider.--The term
``interactive computer service provider'' means the provider of
an interactive computer service.
(5) Recipient.--The term ``recipient'' means, with respect
to an electronic mail message, an individual electronic mail
address to which the message is directed, without regard to
whether such address corresponds to a person, computer, list
server, or other automated electronic device.
(6) Unsolicited electronic mail.--The term ``unsolicited
electronic mail'' means electronic mail unless such mail is
transmitted (A) to any person with that person's prior express
invitation or permission, or (B) to any person with whom the
sender has an established business or personal relationship.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect upon the expiration of the 60-day period
beginning on the date of the enactment of this Act and shall apply to
transmissions of electronic mail initiated after the expiration of such
period. | Netizens Protection Act of 2001 - Prohibits any person from initiating the transmission of an unsolicited electronic mail (e-mail) message in or affecting interstate or foreign commerce if such message: (1) does not contain the name, physical address, and e-mail address of the sender; (2) does not provide an electronic method for contacting the sender to request that no further messages be sent; or (3) is part of a bulk transmission of such messages and includes information that is false or misleading with respect to the body of the message. Provides a private right of action for violations of such prohibition.Requires each interactive computer service provider to make available to each of its customers its policy regarding unsolicited e-mail, including options for the customer to elect to receive or not receive such e-mail. Prohibits customers from using the equipment or facilities of the provider to initiate the bulk transmission of an unsolicited e-mail message if the provider's policy prohibits such bulk transmissions. Provides a right of action for providers adversely affected by customer violations of such prohibition.States that a provider who, in good faith, takes action to restrict or prevent the receipt of unsolicited e-mail by its customers shall not be liable for any harm resulting from the failure to prevent such receipt. | {"src": "billsum_train", "title": "To restrict the transmission of unsolicited electronic mail messages."} | 1,802 | 293 | 0.612163 | 2.003635 | 0.769556 | 4.872 | 6.544 | 0.952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Phone Consumer Protection Act
of 2000''.
SEC. 2. ESTABLISHMENT OF STANDARDS REGARDING OF QUALITY OF COMMERCIAL
MOBILE SERVICE AND MONITORING OF COMPLAINTS REGARDING
SUCH SERVICE.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332) is
amended by adding at the end the following new paragraph:
``(9) Quality of commercial mobile services.--
``(A) In general.--The Commission shall, by
regulation, establish such requirements as the
Commission considers appropriate to ensure that
providers of commercial mobile services meet minimum
standards regarding the quality and performance of such
service, which shall include standards regarding
connection, reception, and billing practices.
``(B) Complaint system.--
``(i) Establishment.--The Commission shall
establish and administer a system that makes
available a procedure for any subscriber of a
commercial mobile service to register a
complaint regarding the quality or performance
of the service.
``(ii) Toll-free number.--Such system shall
include establishment of a toll-free number
applicable to commercial mobile services for
reporting a complaint. The Commission and any
agency or entity to which the Commission has
delegated authority under section 251(e) shall
designate `#FCC' as such number and shall
provide appropriate transition periods for
areas in which such number is otherwise in use
as of the date of the enactment of the Cell
Phone Consumer Protection Act of 2000.
``(iii) Records.--The Commission shall
maintain a record of each complaint made under
the system established pursuant to this
subparagraph.
``(iv) Notice.--The Commission shall
require each provider of commercial mobile
service (or the billing agent for such
provider) to include, in each subscriber's bill
for such service, a statement informing the
subscriber that a complaint regarding the
quality or performance of the service may be
registered with the Commission and providing
the toll-free number under clause (ii) and an
address for mailing a complaint. The Commission
shall take such other actions as may be
appropriate to publicize the availability of
the complaint system to subscribers of
commercial mobile services.
``(C) Reporting of complaints to congress.--Not
less often than once every 6 months, the Commission
shall submit a report to the Congress regarding
complaints received under the complaint system required
under subparagraph (B), which shall--
``(i) indicate the number of complaints
received, during the period for which the
report is made, regarding each provider of a
commercial mobile service for which a complaint
is made; and
``(ii) indicate the types of complaints
received during such period, including
complaints regarding dead spots, dropped calls,
network busy signals, and improper billing
practices, and the number of each type of
complaint received during such period.
Upon submission to the Congress of each report under
this subparagraph, the Commission shall make such
report publicly available by providing access to the
report through a World Wide Web site of the Commission.
``(D) Effect on consumer protection laws.--This
paragraph may not be construed as relieving any
provider of a commercial mobile service from the
obligation to comply with any Federal, State, or local
statute or regulation relating to consumer protection
or unfair trade.
``(E) State authority.--This paragraph may not be
construed as precluding any State from enacting and
enforcing additional and complementary oversight and
regulatory systems or procedures, or both, so long as
such systems and procedures do not significantly impede
the enforcement of this paragraph or other Federal
statutes.
``(F) Exemption from forfeiture provisions.--
Notwithstanding any provision of title V, failure to
comply with the requirements established under
subparagraph (A) shall not be subject to any penalty or
forfeiture under such title.''.
SEC. 3. EFFECTIVE DATE AND REGULATIONS.
(a) Effective Date.--The amendment made by section 2 shall take
effect upon the expiration of the 6-month period beginning on the date
of the enactment of this Act.
(b) Regulations.--The Commission shall prescribe such regulations
as may be necessary to carry out the amendment made by section 2. Such
regulations shall be issued not later than, and shall take effect upon,
the effective date under subsection (a). | Requires the FCC to report to Congress at least every six months regarding complaints received, and to make each report available to the public through an FCC website. | {"src": "billsum_train", "title": "Cell Phone Consumer Protection Act of 2000"} | 984 | 36 | 0.539908 | 1.177665 | 0.39965 | 1.166667 | 29.766667 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Revolutionary War Patriots
Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Black
Revolutionary War Patriots Foundation for the Black
Revolutionary War Patriots Memorial in Washington, D.C.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1996'' or
``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Black Revolutionary War Patriots Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on May 15, 1996, and
ending on May 15, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Black Revolutionary War Patriots Foundation for the
purpose of establishing an endowment to support the construction of a
Black Revolutionary War Patriots Memorial in Washington, D.C.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of Black Revolutionary War Patriots Foundation as may be related
to the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C.
Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial. | {"src": "billsum_train", "title": "Black Revolutionary War Patriots Commemorative Coin Act"} | 1,229 | 93 | 0.554292 | 1.319078 | 0.717678 | 4.263889 | 14.861111 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Remote Monitoring Services
Coverage Act of 2001''.
SEC. 2. COVERAGE OF REMOTE MONITORING SERVICES.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (U);
(2) by inserting ``and'' at the end of subparagraph (V);
and
(3) by inserting after subparagraph (V) the following new
subparagraph:
``(W) remote monitoring services that are--
``(i) determined by the Secretary to provide
comparable data to face-to-face encounter-based
monitoring services (as such terms are defined in
subsection (ww)); and
``(ii) provided to an individual who would
otherwise be entitled to receive coverage under this
title of the face-to-face encounter-based monitoring
service that the Secretary determines under clause (i)
to provide comparable data to the remote monitoring
service;''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``remote monitoring services
``(ww)(1) The term `remote monitoring services' means any service
provided through a system of technology that allows the collection of
clinical data and the transmission of such data between a patient at a
distant location and a physician through a remote interface so that the
physician may conduct a clinical review of such data or provide a
response relating to such data.
``(2) The term `face-to-face encounter-based monitoring services'
means any in-office or facility-based service for which payment may be
made under this title with a code that is specific to the collection of
clinical data and the transmission of such data between a patient and a
physician so that the physician may conduct a clinical review of such
data or provide a response relating to such data.
``(3) For purposes of this subsection, the term `distant location'
means any location that is outside of the office or the facility of the
patient's physician.
``(4) Coverage of remote monitoring services under this title with
respect to an individual may not be restricted based on the geographic
area of residence of the individual.''.
(c) Payment Under Physician Fee Schedule.--Section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(7) Treatment of remote monitoring services.--
``(A) Conversion factor and relative value units.--
The Secretary may not decrease the conversion factor or
the number of relative value units applicable to a
remote monitoring service (as defined in section
1861(ww)(1)) covered under this title pursuant to
section 1861(s)(2)(W) from the conversion factor or the
number of relative value units applicable to the face-
to-face encounter-based monitoring service (as defined
in section 1861(ww)(2)) that the Secretary determines
provides comparable data to such remote monitoring
service.
``(B) Frequency guidelines.--A remote monitoring
service (as so defined) covered under this title
pursuant to section 1861(s)(2)(W) shall be subject to
the same guidelines developed on the frequency of
billing for the face-to-face encounter-based monitoring
service (as so defined) that the Secretary determines
provides comparable data to such remote monitoring
service.''; and
(2) in subsection (j)(3), by inserting ``(2)(W),'' after
``(2)(S),''.
(d) Budget Neutrality.--The Secretary of Health and Human Services
shall implement the amendments made by this section in a budget-neutral
manner. In applying subparagraph (D) of section 1848(f)(2) of the
Social Security Act, the enactment of this section shall not be treated
as a change in law or regulations resulting, but the Secretary shall
adjust the sustainable growth rate under such section so as to
eliminate a new increase in expenditures (if any) resulting from the
enactment of this section.
(e) Construction.--Nothing in this section shall be construed to
prohibit the request for, or the issuance by the Secretary of Health
and Human Services of, a separate billing code for any remote
monitoring service (as defined in section 1861(ww)(1) of the Social
Security Act (42 U.S.C. 1395x(ww)(1)), as added by subsection (b))
through an authority of the Secretary of Health and Human Services
other than the authority provided by the amendments made by this
section.
(f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2003. | Medicare Remote Monitoring Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for coverage of remote monitoring services under Medicare. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage of remote monitoring services under the Medicare Program."} | 1,116 | 43 | 0.562035 | 1.320328 | 0.274673 | 3.794118 | 29.264706 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Undergraduate Community
College Education Enhancement Development Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Providing a trained workforce needed to sustain the
Nation's post-industrial economy will require strengthening
undergraduate education in science, mathematics, and technology
at associate-degree-granting colleges.
(2) According to the American Association of Community
Colleges, nearly half of all United States undergraduate
college students are enrolled in associate-degree-granting
colleges.
(3) The National Science Foundation has determined that as
many as 40 percent of the Nation's science and mathematics
teachers have taken courses at associate-degree-granting
colleges, with an even higher percentage in some States.
(4) Associate-degree-granting colleges educate the vast
majority of the three to five technicians that support each
engineer, scientist, and medical doctor across the Nation.
(5) Millions of students take core mathematics and science
courses at associate-degree-granting colleges to lay the
groundwork for further studies. These core courses may be the
most important curricular component at these colleges because
they are required of all associate degree and transfer
students, including future teachers.
(6) The Advanced Technological Education Program
administered by the National Science Foundation has been
effective in improving advanced-technology education at
associate-degree-granting colleges and should be expanded,
including through activities to improve core education programs
in science, mathematics, and technology.
SEC. 3. DEFINITIONS.
In this Act:
(1) Associate-degree-granting college.--The term
``associate-degree-granting college'' has the meaning given
that term in section 3(g)(2) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(g)(2)).
(2) Director.--The term ``Director'' means the Director of
the Foundation.
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(4) Program.--The term ``Program'' means the Advanced
Technological Education Program of the Foundation.
SEC. 4. CORE SCIENCE AND MATHEMATICS COURSES.
Section 3(a) of the Scientific and Advanced-Technology Act of 1992
(42 U.S.C. 1862i(a)) is amended--
(1) by inserting ``, and to improve the quality of their
core education courses in science and mathematics'' after
``education in advanced-technology fields'';
(2) in paragraph (1) by inserting ``and in core science and
mathematics courses'' after ``advanced-technology fields''; and
(3) in paragraph (2) by striking ``in advanced-technology
fields'' and inserting ``who provide instruction in science,
mathematics, and advanced-technology fields''.
SEC. 5. ARTICULATION PARTNERSHIPS.
Section 3(c)(1)(B) of the Scientific and Advanced-Technology Act of
1992 (42 U.S.C. 1862i(c)(1)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting a semicolon; and
(3) by adding after clause (ii) the following new clauses:
``(iii) provide students with research experiences
at bachelor-degree-granting institutions participating
in the partnership, including stipend support for
students participating in summer programs; and
``(iv) provide faculty mentors for students
participating in activities under clause (iii),
including summer salary support for faculty mentors.''.
SEC. 6. ADVANCED TECHNOLOGICAL EDUCATION ADVISORY COMMITTEE.
(a) Establishment.--The Director shall establish an advisory
committee on science, mathematics, and technology education at
community colleges consisting of non-Federal members, including
representatives from academia and industry, who are qualified to
provide the Director with advice on and assessments of the Program.
(b) Duties.--The advisory committee established under subsection
(a) shall review, and provide the Director with an assessment of,
activities carried out under the Program, including--
(1) conformity of the Program to the requirements of the
Scientific and Advanced-Technology Act of 1992;
(2) the effectiveness of activities supported under the
Program in strengthening the scientific and technical education
and training capabilities of community colleges;
(3) the effectiveness of the Foundation and institutions
receiving awards under the Program in disseminating information
to other associate-degree-granting colleges about activities
carried out under the Program and about model curricula and
teaching methods developed under the Program;
(4) the balance of resources allocated under the Program
for support of national centers of excellence, individual
institution grants, and articulation partnerships; and
(5) other issues identified by the Director.
The advisory committee shall make recommendations to the Director for
improvements to the Program based on its reviews and assessments.
(c) Advisory Committee Reports.--The advisory committee established
under subsection (a) shall report annually to the Director and to
Congress on the findings and recommendations resulting from the reviews
and assessments conducted in accordance with subsection (b).
SEC. 7. NATIONAL SCIENCE FOUNDATION REPORT.
Within 6 months after the date of the enactment of this Act, the
Director shall transmit a report to Congress on--
(1) efforts by the Foundation and awardees under the
Program to disseminate information about the results of
projects;
(2) the effectiveness of national centers of scientific and
technical education established under section 3(b) of the
Scientific and Advanced-Technology Act of 1992 in serving as
national and regional clearinghouses of information and models
for best practices in undergraduate science, mathematics, and
technology education; and
(3) efforts to satisfy the requirement of section 3(f)(4)
of the Scientific and Advanced-Technology Act of 1992.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2003.--
(1) In general.--There are authorized to be appropriated to
the Foundation $50,000,000 for fiscal year 2003 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $3,000,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act.
(b) Fiscal Year 2004.--
(1) In general.--There are authorized to be appropriated to
the Foundation $55,000,000 for fiscal year 2004 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $3,500,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act.
(c) Fiscal Year 2005.--
(1) In general.--There are authorized to be appropriated to
the Foundation $60,500,000 for fiscal year 2005 for the
Program.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,000,000 shall be made available for
activities to improve core science and mathematics
education in accordance with section 3(a) of the
Scientific and Advanced-Technology Act of 1992 (42
U.S.C. 1862i(a)), as amended by section 4 of this Act;
(B) $4,000,000 shall be made available for
acquisition of instrumentation in accordance with
section 3(a)(4) of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i(a)(4)); and
(C) $750,000 shall be made available for support
for research experiences for undergraduate students in
accordance with section 3(c)(1)(B) of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(B)), as amended by section 5 of this Act. | Science Undergraduate Community College Education Enhancement Development Act - Amends the Scientific and Advanced-Technology Act of 1992 (the Act) to revise and reauthorize the national advanced scientific and technical education program (the Program) of the National Science Foundation (NSF).Requires Program grants to associate-degree-granting colleges also to be used to improve core science and mathematics education.Requires Program grants to articulation partnerships of associate- and bachelor-degree-granting institutions to be used to: (1) provide students with research experiences at bachelor-degree-granting institutions participating in the partnership, including summer program stipends; and (2) provide faculty mentors for such students, including summer salary support.Requires the NSF Director to establish an advisory committee to help guide and assess Program implementation. | {"src": "billsum_train", "title": "To authorize appropriations for the Advanced Technological Education Program, to amend the Scientific and Advanced-Technology Act of 1992 to further strengthen science, mathematics, and technology education at the Nation's associate-degree-granting colleges, to establish an advisory committee to help guide implementation of the Advanced Technological Education Program, and for other purposes."} | 2,003 | 175 | 0.571339 | 1.68067 | 0.782492 | 3.37931 | 12.358621 | 0.882759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Right-to-Know Act of
1997''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) promote the public right-to-know about the costs and
benefits of Federal regulatory programs and rules;
(2) promote Government accountability for the growth of
Federal regulatory programs and rules; and
(3) encourage open communication among Federal agencies,
the public, the President, and Congress regarding regulatory
priorities.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Agency.--The term ``agency'' means any executive
department, military department, Government corporation,
Government controlled corporation, or other establishment in
the executive branch of the Government (including the Executive
Office of the President), or any independent regulatory agency,
but shall not include--
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions; or
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
(2) Benefit.--The term ``benefit'' means the reasonably
identifiable significant favorable effects, including social,
environmental, and economic benefits, that are expected to
result directly or indirectly from implementation of a rule.
(3) Cost.--The term ``cost'' means the reasonably
identifiable significant adverse effects, including social,
environmental, and economic costs that are expected to result
directly or indirectly from implementation of, or compliance
with, a rule.
(4) Program element.--The term ``program element'' means a
rule or related set of rules.
(5) Rule.--The term ``rule'' has the same meaning given
such term in section 551(4) of title 5, United States Code,
except that such term shall not include--
(A) administrative actions governed by sections 556
and 557 of title 5, United States Code;
(B) rules issued with respect to a military or
foreign affairs function of the United States; or
(C) rules related to agency organization,
management, or personnel.
SEC. 4. ACCOUNTING STATEMENT.
(a) In General.--
(1) Administration.--The President, acting through the
Director of the Office of Management and Budget, shall be
responsible for implementing and administering the requirements
of this Act.
(2) Accounting statement.--No later than January 2000, and
each January every 2 years thereafter, the President shall
prepare and submit to Congress an accounting statement that
estimates the costs and corresponding benefits of Federal
regulatory programs and program elements in accordance with
this section.
(b) Years Covered by Accounting Statement.--Each accounting
statement (other than the initial accounting statement) submitted under
this Act shall cover, at a minimum, the costs and corresponding
benefits for the 5 fiscal years preceding October 1 of the year in
which the report is submitted. The statement shall also contain a
projection of the costs and corresponding benefits for the next 10
fiscal years, based on rules in effect or projected to take effect. The
statement may cover any fiscal year preceding such fiscal years for the
purpose of revising previous estimates.
(c) Timing and Procedures.--
(1) Notice and comment.--The President shall provide notice
and opportunity for comment for each accounting statement. The
President may delegate to an agency the requirement to provide
notice and opportunity to comment for the portion of the
accounting statement relating to that agency.
(2) Timing.--The President shall propose the first
accounting statement under this section no later than 1 year
after the date of enactment of this Act. Such statement shall
cover, at a minimum, each of the preceding fiscal years
beginning with fiscal year 1997.
(d) Contents of Accounting Statement.--
(1) Estimates of costs.--(A) An accounting statement shall
estimate the costs of Federal regulatory programs and program
elements by setting forth, for each year covered by the
statement--
(i) the annual expenditure of national economic
resources for each regulatory program and program
elements; and
(ii) such other quantitative and qualitative
measures of costs as the President considers
appropriate.
(B) For purposes of the estimate of costs in the accounting
statement, national economic resources shall include, and shall
be listed under, at least the following categories:
(i) Private sector costs.
(ii) Federal sector administrative costs.
(iii) Federal sector compliance costs.
(iv) State and local government administrative
costs.
(v) State and local government compliance costs.
(2) Estimates of benefits.--An accounting statement shall
estimate the corresponding benefits of Federal regulatory
programs and program elements by setting forth, for each year
covered by the statement, such quantitative and qualitative
measures of benefits as the President considers appropriate.
Any estimates of benefits concerning reduction in health,
safety, or environmental risks shall be based on sound and
objective scientific practices and shall present the most
plausible level of risk practical, along with a statement of
the reasonable degree of scientific certainty.
SEC. 5. ASSOCIATED REPORT TO CONGRESS.
(a) In General.--In each year following the year in which the
President submits an accounting statement under section 4, the
President, acting through the Director of the Office of Management and
Budget, shall, after notice and opportunity for comment, submit to
Congress a report associated with the accounting statement (hereinafter
referred to as an ``associated report''). The associated report shall
contain, in accordance with this section--
(1) analyses of impacts;
(2) identification and analysis of jurisdictional overlaps,
duplications, and potential inconsistencies among Federal
regulatory programs; and
(3) recommendations for reform.
(b) Analyses of Impacts.--The President shall include in the
associated report the following:
(1) Analyses.--Analyses prepared by the president of the
cumulative impact of Federal regulatory programs covered in the
accounting statement. Factors to be considered in such report
shall include impacts on the following:
(A) The ability of State and local governments to
provide essential services, including police, fire
protection, and education.
(B) Small business.
(C) Productivity.
(D) Wages.
(E) Economic growth.
(F) Technological innovation.
(G) Consumer prices for goods and services.
(H) Such other factors considered appropriate by
the President.
(2) Summary.--A summary of any independent analyses of
impacts prepared by persons commenting during the comment
period on the accounting statement.
(c) Recommendations for Reform.--The President shall include in the
associated report the following:
(1) Presidential recommendations.--A summary of
recommendations of the President for reform or elimination of
any Federal regulatory program or program element that does not
represent sound use of national economic resources or otherwise
is inefficient.
(2) Recommendations from commenters.--A summary of any
recommendations for such reform or elimination of Federal
regulatory programs or program elements prepared by persons
commenting during the comment period on the accounting
statement.
SEC. 6. GUIDANCE FROM OFFICE OF MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget shall, in
consultation with the Council of Economic Advisers, and after
independent and external peer review, provide guidance to agencies--
(1) to standardize measures of costs and benefits in
accounting statements prepared pursuant to this Act, including
guidance on estimating the costs and corresponding benefits of
regulatory programs and program elements; and
(2) to standardize the format of the accounting statements.
The Director shall review submissions from agencies to assure
consistency with the guidance under this section.
SEC. 7. RECOMMENDATIONS FROM CONGRESSIONAL BUDGET OFFICE.
After each accounting statement and associated report submitted to
Congress, the Director of the Congressional Budget Office shall make
recommendations to the President--
(1) for improving accounting statements prepared pursuant
to this Act, including recommendations on level of detail and
accuracy; and
(2) for improving associated reports prepared pursuant to
this Act, including recommendations on the quality of analysis. | Regulatory Right-to-Know Act of 1997 - Directs the President, no later than January 2000 and each January every two years thereafter, to submit to the Congress an accounting statement that estimates the costs and corresponding benefits of Federal regulatory programs and program elements. Provides for each accounting statement submitted to: (1) cover, at a minimum, the costs and corresponding benefits for the five fiscal years preceding October 1 of the year in which the report is submitted; and (2) also contain a projection of the costs and corresponding benefits for the next ten fiscal years. Directs the President to propose the first accounting statement no later than one year after the enactment of this Act. Provides for such statement to cover, at a minimum, each of the preceding fiscal years beginning with FY 1997.
Requires the President, acting through the Director of the Office of Management and Budget, in each year following the year in which the President submits an accounting statement and after notice and opportunity for comment, to submit to the Congress a report associated with the accounting statement containing: (1) analyses of impacts; (2) an analysis of jurisdictional overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (3) recommendations for reform.
Requires the Director to: (1) provide guidance to agencies to standardize measures of costs and benefits in accounting statements and the format of the accounting statements; and (2) review submissions from agencies to assure consistency with the guidance.
Directs the Director of the Congressional Budget Office, after each accounting statement and associated report is submitted to the Congress, to make recommendations to the President for improving accounting statements and associated reports. | {"src": "billsum_train", "title": "Regulatory Right-to-Know Act of 1997"} | 1,718 | 347 | 0.474369 | 1.361262 | 0.702313 | 4.990909 | 5.109091 | 0.942424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Retirees' Health Care
Protection Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Career uniformed service members and their families
endured unique and extraordinary demands and sacrifices over
the course of a 20- to 30-year career in protecting freedoms
for all Americans.
(2) The extent of these demands and sacrifices are never so
evident as in wartime--not only in today's Global War on
Terrorism, but also over the last six decades of hot and cold
wars when today's retired service members were on continuous
call to enter into harm's way when and as needed.
(3) The demands and sacrifices are such that few Americans
are willing to accept them for a multi-decade career.
(4) The primary offset for enduring the extraordinary
sacrifices inherent in a military career is a system of
extraordinary retirement benefits, including health care
coverage considerably better than that afforded civilian
workers, that a grateful Nation provides for those who choose
to subordinate much of their personal life to the national
interest for so many years.
(5) Many private sector firms are curtailing health
benefits and shifting significantly higher costs to their
employees.
(6) One effect of such curtailment is that retired members
who work for such employers are turning to use of the TRICARE
coverage they earned by their military service.
(7) In some cases, civilian employers establish financial
incentives for TRICARE-eligible employees to use TRICARE rather
than the civilian employers' coverage.
(8) While the Department of Defense has made some efforts
to constrain TRICARE program costs, a large part of the
Department's effort is to shift a larger share of cost burdens
to retired service members.
(9) The cumulative increases in enrollment fees,
deductibles, and co-payments being proposed by the Department
of Defense far exceed the 31-percent growth in military retired
pay since the retired members' fees were established 10 years
ago.
(10) The beneficiary cost increases being proposed by the
Department of Defense fail to recognize adequately that career
service members paid enormous in-kind premiums through their
extended service and sacrifice.
(11) A significant share of the Nation's health care
providers refuse to accept new TRICARE patients because TRICARE
pays them significantly less than commercial insurance programs
and imposes unique administrative requirements.
(12) The significant majority of the savings the Department
of Defense associates with the proposed fee increases is
expected to come from deterring a large portion of TRICARE
beneficiaries from using their earned military health benefits.
(13) The Department of Defense has chosen to count the
accrual deposit to the Department of Defense Medicare-Eligible
Retiree Health Care Fund against the Department of Defense's
budget, contrary to the amendments made by section 725 of
Public Law 108-375.
(14) Department of Defense leaders have reported to
Congress that counting such deposits against the Department of
Defense's budget is impinging on other readiness needs,
including weapons programs--an inappropriate situation which
section 725 of Public Law 108-375 was intended expressly to
prevent.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the Nation have a
committed health benefits obligation to retired uniformed
service members that exceeds the obligation of corporate
employers to civilian employees; and
(2) the Department of Defense has many additional options
to constrain the growth of health care spending in ways that do
not disadvantage beneficiaries and should pursue any and all
such options rather than seeking large fee increases for
beneficiaries.
SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH COSTS FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Prohibition on Increase in Charges Under Contracts for Medical
Care.--Section 1097(e) of title 10, United States Code, is amended by
adding at the end the following: ``A premium, deductible, copayment, or
other charge prescribed by the Secretary under this subsection may not
be increased after December 31, 2005.''.
(b) Prohibition on Increase in Amount of Cost Sharing Requirement
Under Pharmacy Benefits Program.--Section 1074g of title 10, United
States Code, is amended by adding at the end of subsection (a)(6)(A)
the following: ``After December 31, 2005, the dollar amount of a cost
sharing requirement (whether established as a percentage or a fixed
dollar amount) may not be increased.''.
(c) Prohibition on Increase in Charges for Inpatient Care.--Section
1086(b)(3) of title 10, United States Code, is amended by inserting
after ``charges for inpatient care'' the following: ``, except that in
no case may the charges for inpatient care for a patient exceed $535
per day.''.
(d) Prohibition on Increase in Premiums Under TRICARE Coverage for
Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title
10, United States Code, is amended by adding at the end the following:
``After December 31, 2005, the monthly amount of the premium may not be
increased above the amount in effect for the month of December 2005.''. | Military Retirees' Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries.
Prohibits an increase after December 31, 2005, in: (1) a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program.
Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) after December 31, 2005, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to prohibit increases in fees for military health care."} | 1,161 | 213 | 0.577713 | 1.883301 | 0.832887 | 4.3 | 5.35 | 0.93 |
of Disapproval.--
(1) Joint resolution of disapproval defined.--In this
section, the term ``joint resolution of disapproval'' means
only a joint resolution of the two Houses of Congress--
(A) that does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution disapproving a nuclear agreement with
Iran''; and
(C) the matter after the resolving clause of which
is as follows: ``That Congress disapproves of the
agreement relating to Iran's nuclear program submitted
by the President to Congress under section 3(a) of the
Iran Nuclear Negotiations Act of 2014 on ______.'',
with the blank space being filled with the appropriate
date.
(2) Reconvening.--Upon receipt by Congress of an agreement
described in paragraph (2) of subsection (a), as required by
paragraph (1) of that subsection--
(A) the Speaker, if the House of Representatives
would otherwise be adjourned, shall notify the Members
of the House that, pursuant to this section, the House
shall convene not later than the second calendar day
after receipt of the agreement; and
(B) if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate,
after consultation with the minority leader of the
Senate, shall notify the Members of the Senate that,
pursuant to this section, the Senate shall convene not
later than the second calendar day after receipt of the
agreement.
(3) Introduction.--During the 15-calendar day period
beginning on the calendar day after the end of the 15-calendar
day period described in subsection (b), a joint resolution of
disapproval may be introduced--
(A) in the House of Representatives, by the Speaker
(or his designee) or the minority leader (or his
designee); and
(B) in the Senate, by the majority leader (or his
designee) or the minority leader (or his designee).
(4) Committee referral.--A joint resolution of disapproval
introduced in the Senate shall be referred to the Committee on
Foreign Relations and a joint resolution of disapproval
introduced in the House of Representatives shall be referred to
the Committee on Foreign Affairs.
(5) Discharge of committees.--If the committee of either
House to which a joint resolution of disapproval has been
referred has not reported the joint resolution at the end of
the 15-calendar day period after the introduction of the joint
resolution, that committee shall be discharged from further
consideration of the joint resolution and the joint resolution
shall be placed on the appropriate calendar.
(6) Floor consideration in the house of representatives.--
(A) Motions to proceed.--After the committee
authorized to consider a joint resolution of
disapproval reports it to the House of Representatives
or has been discharged from its consideration, it shall
be in order to move to proceed to consider the joint
resolution in the House. All points of order against
the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to
proceed on the joint resolution. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(B) Consideration.--A joint resolution of
disapproval shall be considered as read. All points of
order against the joint resolution and against its
consideration are waived. The previous question shall
be considered as ordered on the joint resolution to its
passage without intervening motion, except 20 hours of
debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
No amendment to, or motion to recommit, a joint
resolution of disapproval shall be in order.
(C) Appeals.--All appeals from the decisions of the
Chair relating to the application of the Rules of the
House of Representatives to the procedure relating to a
joint resolution of disapproval shall be decided
without debate.
(7) Floor consideration in the senate.--
(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time after the committee authorized to consider a joint
resolution of disapproval reports it to the Senate or
has been discharged from its consideration (even though
a previous motion to the same effect has been disagreed
to) 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 to proceed is
not debatable. The motion is not subject to a motion to
postpone. 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 joint resolution is agreed to, the joint resolution
shall remain the unfinished business until disposed of.
(B) Debate.--Debate in the Senate on a joint
resolution of disapproval, and all debatable motions
and appeals in connection with such a resolution, shall
be limited to not more than 20 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees. A motion to
further 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 of disapproval
is not in order.
(C) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on a joint resolution of disapproval, and a
single quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution of disapproval shall be
decided without debate.
(E) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to a joint
resolution of disapproval, including all debatable
motions and appeals in connection with such a joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(8) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a joint resolution
of disapproval of that House, that House receives from
the other House a joint resolution of disapproval, then
the following procedures shall apply:
(i) The joint resolution of the other House
shall not be referred to a committee.
(ii) With respect to a joint resolution of
the House receiving the 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 passage shall be
on the joint resolution of the other
House.
(B) Treatment of joint resolution of other house.--
If one House fails to introduce or consider a joint
resolution of disapproval under this section, the joint
resolution of disapproval of the other House shall be
entitled to expedited floor procedures under this
section.
(C) Treatment of companion measures.--If, following
passage of a joint resolution of disapproval in the
Senate, the Senate then receives the companion measure
from the House of Representatives, the companion
measure shall not be debatable.
(9) Rules of the house of representatives and the senate.--
This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such 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, and it supersedes other
rules only to the extent that it is inconsistent with
such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(d) Limitation on Funding for Implementation of Agreement.--No
funds authorized to be appropriated for the Department of State that
remain available for obligation as of the date of the enactment of this
Act may be obligated or expended to implement an agreement described in
subsection (a)(2), including for the waiver, suspension, or other
reduction of any sanctions with respect to Iran pursuant to such an
agreement, if--
(1) the President fails to submit the agreement to Congress
as required by subsection (a); or
(2) a joint resolution of disapproval is enacted into law
pursuant to subsection (b).
(e) Rule of Construction.--Nothing in this section or any action
taken pursuant to this section shall be construed as approval of any
waiver, suspension, or other reduction of any sanctions with respect to
Iran in connection with any agreement relating to Iran's nuclear
program.
SEC. 4. PENALTIES FOR NONCOMPLIANCE WITH INTERNATIONAL AGREEMENTS
RELATING TO IRAN'S NUCLEAR PROGRAM.
(a) Assessment of Compliance.--If any element of the intelligence
community (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)) receives information from any person, including the
International Atomic Energy Agency, the Secretary of Defense, the
Secretary of State, the Secretary of Energy, a foreign government, a
foreign intelligence service, or another reputable source, that Iran
has failed to comply with the terms of the Joint Plan of Action, any
agreement to implement the Joint Plan of Action, or any other agreement
related to Iran's nuclear program (including an agreement described in
section 3(a)(2)), or has refused to cooperate in any substantive way
with appropriate requests of the International Atomic Energy Agency,
the Director of National Intelligence shall--
(1) not later than 10 calendar days after receiving that
information, determine whether the information is credible and
accurate; and
(2) submit to the appropriate congressional committees--
(A) the information; and
(B) the determination of the Director with respect
to whether the information is credible and accurate and
the reasons for that determination.
(b) Reinstatement of Sanctions.--If the Director of National
Intelligence determines that information described in subsection (a) is
credible and accurate, any sanctions imposed with respect to Iran that
have been waived, suspended, or otherwise reduced in connection with
negotiations with Iran relating to Iran's nuclear program, without
regard to whether the waiver, suspension, or other reduction of those
sanctions took effect before or after the date of the enactment of this
Act, shall be reinstated in full by action of law on that date that is
5 calendar days after the date of the determination.
SEC. 5. ENFORCEMENT OF TIMELINE FOR NEGOTIATING NUCLEAR AGREEMENTS WITH
IRAN.
Any sanctions imposed with respect to Iran that have been waived,
suspended, or otherwise reduced in connection with negotiations with
Iran relating to Iran's nuclear program, without regard to whether the
waiver, suspension, or other reduction of those sanctions took effect
before or after the date of the enactment of this Act, shall be
reinstated in full by action of law on November 28, 2014, unless,
before that date, the President--
(1) submits to Congress an agreement described in paragraph
(2) of section 3(a) as required by paragraph (1) of that
section; and
(2) certifies to the appropriate congressional committees
that the agreement is a comprehensive and long-term agreement
that--
(A) addresses all key aspects of Iran's nuclear
program; and
(B) is of a duration that is significantly longer
than any nuclear-related agreement between the United
States and Iran entered into before the date of the
enactment of this Act. | Iran Nuclear Negotiations Act of 2014 - Directs the President, within three days after entering into a U.S.-Iran agreement relating to Iran's nuclear program, to submit such agreement to Congress. Provides for: (1) a 15-day review period by the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs, and (2) a subsequent 15-day period in which a joint resolution of disapproval may be introduced in the House and in the Senate for expedited consideration. Prohibits the use of any Department of State funds available for obligation to implement a nuclear program agreement with Iran, including any related sanctions reduction, if: (1) the President fails to submit the agreement to Congress, or (2) a joint resolution of disapproval is enacted into law. Provides that: if any element of the intelligence community receives information from a reputable source that Iran has failed to comply with the terms of the Joint Plan of Action, or any other agreement related to Iran's nuclear program, the Director of National Intelligence shall determine within 10 days whether the information is credible and accurate, and submit it to Congress; and upon the Director's determination of the information's credibility and accuracy, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program shall be reinstated within five days. Reinstates by action of law on November 28, 2014, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program, unless before that date the President submits to Congress a comprehensive and long-term agreement that: (1) addresses all key aspects of Iran's nuclear program, and (2) is significantly longer in duration than any previous U.S.-Iran nuclear agreement. | {"src": "billsum_train", "title": "Iran Nuclear Negotiations Act of 2014"} | 2,700 | 381 | 0.631233 | 1.888399 | 0.885798 | 4.588235 | 7.344118 | 0.935294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Development Tax Credit Act
of 2013''.
SEC. 2. CREDIT FOR WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED
APPRENTICESHIP PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED
APPRENTICESHIP PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is the sum
of--
``(1) the apprenticeship period credit, and
``(2) the post-apprenticeship credit.
``(b) Apprenticeship Period Credit.--For purposes of subsection
(a)--
``(1) In general.--The apprenticeship period credit for the
taxable year is 50 percent of the wages paid for services
rendered during the taxable year to each apprenticeship
employee but only if such wages are paid for services rendered
during a qualified training year of such employee (whether or
not such employee is an employee of the taxpayer as of the
close of such taxable year).
``(2) Limitation on wages per year taken into account.--The
amount of wages which may be taken into account under paragraph
(1) with respect to any apprenticeship employee for each
qualified training year shall not exceed $2,000.
``(c) Post-Apprenticeship Credit.--For purposes of subsection (a)--
``(1) In general.--The post-apprenticeship credit for the
taxable year is 40 percent of the wages paid for services
rendered during the taxable year and the preceding taxable year
to each employee who has successfully completed a qualified
training program of the employer, but only if such wages are
paid by such employer for services rendered during the 2-year
period which begins on the day after the employee's completion
of such program.
``(2) Limitation on wages per year taken into account.--The
amount of wages which may be taken into account under paragraph
(1) for a taxable year with respect to any apprenticeship
employee shall not exceed $6,000.
``(d) Definitions.--For purposes of this section--
``(1) Wages.--The term `wages' has the meaning given to
such term by section 51(c), determined without regard to
paragraph (4) thereof.
``(2) Apprenticeship employee.--The term `apprenticeship
employee' means any employee who is employed by the employer
pursuant to an apprentice agreement registered with the Office
of Apprenticeship of the Employment and Training Administration
of the Department of Labor.
``(3) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which--
``(i) the employee is employed by the
employer for at least 25 hours per week during
28 consecutive weeks of such year, and
``(ii) the employee completes at least 8
credit hours of classroom work under a
qualified training program for each semester of
such program ending during such year.
``(B) Qualified training program.--The term
`qualified training program' means any training program
undertaken pursuant to the agreement referred to in
paragraph (2).
``(C) Training period.--The term `training period'
means, with respect to an employee, the period--
``(i) beginning on the date that the
employee begins employment with the taxpayer as
an apprentice under a qualified training
program, and
``(ii) ending on the earlier of--
``(I) the date that such
apprenticeship with the employer ends,
or
``(II) the date which is 4 years
after the date referred to in clause
(i).
``(e) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(f) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Wages paid to employees participating in qualified
apprenticeship programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act. | Workforce Development Tax Credit Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for: (1) 50% of wages (up to $2,000) paid to an apprenticeship employee during an apprenticeship period, and (2) 40% of wages (up to $6,000) paid to such an employee during a post-apprenticeship period. Defines "apprenticeship employee" as any employee employed by an employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. | {"src": "billsum_train", "title": "Workforce Development Tax Credit Act of 2013"} | 1,227 | 123 | 0.611222 | 1.565364 | 0.611326 | 3.17757 | 10.233645 | 0.897196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia District
Attorney Establishment Act of 2006''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE DISTRICT ATTORNEY FOR THE
DISTRICT OF COLUMBIA.
(a) In General.--Part F of title IV of the District of Columbia
Home Rule Act (sec. 1-204.91 et seq., D.C. Official Code) is amended by
adding at the end the following new section:
``office of the district attorney for the district of columbia
``Sec. 496. (a) Establishment.--There is hereby established the
Office of the District Attorney for the District of Columbia (hereafter
in this section referred to as the `Office'), to be headed by the
District Attorney for the District of Columbia (hereafter in this
section referred to as the `District Attorney').
``(b) General Powers and Duties.--The District Attorney shall be
the chief legal officer for the District of Columbia, and in the
performance of such duties shall--
``(1) prosecute the local criminal laws of the District of
Columbia, including violations committed by both adult and
juvenile offenders, and perform any related functions as
provided by local law in the District of Columbia; and
``(2) have the authority to perform civil enforcement and
other legal functions as provided by local law in the District
of Columbia.
``(c) General Qualifications.--
``(1) In general.--No individual may serve as District
Attorney unless the individual--
``(A) is a qualified elector;
``(B) is domiciled in the District;
``(C) has resided and been domiciled in the
District for at least one year immediately preceding
the day on which the general or special election for
such office is to be held;
``(D) holds no other public office for which he or
she is compensated in an amount in excess of his or her
actual expenses in connection therewith, except that
nothing in this clause shall prohibit any such
individual, while District Attorney, from serving as a
delegate or alternate delegate to a convention of a
political party nominating candidates for President and
Vice President of the United States, or from holding an
appointment in a Reserve component of an armed force of
the United States, other than a person serving on
active duty under a call for more than thirty days; and
``(E) is admitted to the practice of law in the
District, is registered with the District of Columbia
Bar as an active practitioner, and has not been and is
currently not disbarred or suspended from practice in
any jurisdiction..
``(2) Restrictions on private practice.--The District
Attorney shall devote full time to the duties of the office and
shall not directly or indirectly engage in the private practice
of law.
``(3) Forfeiture of office.--The District Attorney shall
forfeit the office upon failure to maintain the qualifications
required by this subsection.
``(d) Elections; Filling Vacancies; Initial Appointment.--
``(1) Elections.--The District Attorney shall be elected on
a partisan basis by the registered qualified electors of the
District. The term of office of the District Attorney shall be
four years, except as provided in paragraph (3), and shall
begin at noon on January 2 of the year following the election.
The District Attorney's term of office shall coincide with the
term of the Mayor. The first election for the District Attorney
shall take place in 2008.
``(2) Vacancies.--To fill a vacancy for the position of
District Attorney, the Board of Elections and Ethics shall hold
a special election in the District on the first Tuesday
occurring more than one hundred and fourteen days after the
date on which such vacancy occurs, unless the Board of
Elections and Ethics determines that such vacancy could be more
practically filled in a special election held on the same day
as the next general election to be held in the District
occurring within sixty days of the date on which a special
election would otherwise have been held under the provisions of
this subsection. The person shall take office on the day in
which the Board of Elections and Ethics certifies his or her
election and shall serve as District Attorney only for the
remainder of the term during which such vacancy occurred.
``(3) Initial appointment.--Not later than 30 days after
the date of the enactment of the District of Columbia District
Attorney Establishment Act of 2006, the Mayor, by resolution,
shall appoint a District Attorney who shall serve until
succeeded by an elected District Attorney. The proposed
resolution shall be submitted to the Council for a 30-day
period of review, excluding days of Council recess. If the
Council does not approve or disapprove the proposed resolution
within the 30-day review period, the resolution shall be deemed
approved.''.
(b) Clerical Amendment.--The table of sections of part F of title
IV of the District of Columbia Home Rule Act is amended by adding at
the end the following new item:
``Sec. 496. Office of the District Attorney for the District of
Columbia.''.
SEC. 3. RESPONSIBILITY OF DISTRICT ATTORNEY FOR THE DISTRICT OF
COLUMBIA FOR CONDUCT OF ALL PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the District Attorney for the
District of Columbia or the District Attorney's assistants, except as
may otherwise be provided in any such ordinance, regulation, or
statute.
``(b) An indictment or information brought in the name of the
United States in the United States District Court for the District of
Columbia may include charges of offenses prosecutable by the District
of Columbia if the District Attorney for the District of Columbia
consents to the inclusion of such charges in writing.
``(c) An indictment or information brought in the name of the
District of Columbia in the Superior Court of the District of Columbia
may be joined for trial in the United States District Court for the
District of Columbia with an indictment or information brought in that
court if the offenses charged therein could have been joined in the
same indictment or information and if the District Attorney for the
District of Columbia consents to such joinder.
``(d) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Conforming Amendments.--
(1) Appeals.--Section 23-104, D.C. Official Code, is
amended by striking ``Corporation Counsel'' each place it
appears in subsections (a)(1), (b), and (d), and inserting
``District Attorney for the District of Columbia''.
(2) Proceedings to establish previous convictions.--Section
23-111(a)(1), D.C. Official Code, is amended by striking
``Corporation Counsel'' and inserting ``District Attorney for
the District of Columbia''.
(3) Definition of prosecutor.--Section 23-501, D.C.
Official Code, is amended by striking ``Corporation Counsel of
the District of Columbia'' and inserting ``District Attorney
for the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 6-
month period which begins on the date of the enactment of this Act. | District of Columbia District Attorney Establishment Act of 2006 - Amends the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia (DA).
Specifies the qualifications for the DA, including residence and domicile in the District. Prohibits the DA from engaging directly or indirectly in private practice.
Requires the DA to be elected to a four-year term on a partisan basis. Requires the Mayor to appoint the first DA, to serve until succeeded by an elected one.
States that nothing in this Act shall affect the authority of the Attorney General or the U.S. Attorney for the District to exercise jurisdiction concerning violations of federal laws. | {"src": "billsum_train", "title": "To amend the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, headed by a locally elected and independent District Attorney, and for other purposes."} | 1,774 | 155 | 0.579503 | 1.40394 | 0.677999 | 3.153846 | 12.423077 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Veterans
Insurance Needs and Goals Act of 2010'' or the ``SAVINGS Act of 2010''.
SEC. 2. FINANCIAL COUNSELING AND DISCLOSURE INFORMATION FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE BENEFICIARIES.
(a) Financial Counseling and Disclosure Information.--
(1) In general.--Section 1966 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) In order to be an eligible life insurance company under
this section, a life insurance company shall provide financial
counseling to a beneficiary or other person otherwise entitled to
payment upon the establishment of a valid claim under section 1970(a)
of this title.
``(2) The financial counseling provided pursuant to paragraph (1)
shall--
``(A) be provided both orally and in writing; and
``(B) include full disclosure with respect to the payment
of the claim, including, at a minimum--
``(i) a comparison of the advantages and
disadvantages of maintaining such payment with the life
insurance company and maintaining such payment with a
financial institution, in a format that shows
equivalent financial products or product lines with
comparable benchmarks, risk factors, or other
components the Secretary considers appropriate;
``(ii) a comparison of the rate of interest bearing
to such payment if the payment is maintained with the
life insurance company and if the payment is maintained
with a financial institution;
``(iii) an explanation of whether maintaining such
payment with the life insurance company results in the
payment not being insured by the Federal Deposit
Insurance Corporation;
``(iv) an explanation that the beneficiary may, at
the beneficiary's request, receive payment in full as a
lump sum;
``(v) an explanation that an account maintained by
the insurer does not operate like a traditional
checking account; and
``(vi) such other information as the Secretary
considers appropriate.
``(3) In order to be an eligible life insurance company under this
section, a life insurance company may not charge any fees to a
beneficiary or other person otherwise entitled to payment upon the
establishment of a valid claim under section 1970(a) with respect to
maintaining such payment with the company.
``(4) In each annual performance and accountability report
submitted by the Secretary to Congress, the Secretary shall include the
following:
``(A) The number of individuals who received financial
counseling under paragraph (1).
``(B) A description of the information received by such
individuals during such counseling.
``(C) Such recommendations, complaints, or other
information with respect to such counseling that the Secretary
considers relevant.''.
(2) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall prescribe regulations to carry out section 1966(e) of
such title, as added by paragraph (1).
(3) Effective date.--Such section shall take effect on the
date of the enactment of this Act and shall apply with respect
to beneficiaries or other persons otherwise entitled to payment
upon the establishment of a valid claim under section 1970(a)
of such title after the date described in paragraph (2).
(b) Specification by Members of the Armed Forces of Preference for
Manner of Disbursement of Proceeds.--
(1) In general.--Section 1967(a) of such title is amended
by adding at the end the following new paragraph:
``(6) Upon the insurance of a member under this subchapter, the
member shall have the option of specifying a preference for the manner
of disbursement of proceeds under this subchapter.''.
(2) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall prescribe regulations to carry out section 1967(a)(6) of
such title, as added by paragraph (1).
(3) Effective date.--Such section shall take effect on the
date of the enactment of this Act and shall apply with respect
to members of the Armed Forces insured under subchapter III of
chapter 19 of such title after the date described in paragraph
(2).
(c) Office of Survivors Assistance.--
(1) Advisory role.--Subsection (b) of section 321 of such
title is amended--
(A) by striking ``The Office'' and inserting ``(1)
The Office''; and
(B) by adding at the end the following new
paragraph:
``(2) The Director of the Office shall attend each meeting of the
Advisory Council on Servicemembers' Group Life Insurance under section
1974 of this title.''.
(2) Resources.--Subsection (d) of such section is amended--
(A) by striking ``The Secretary'' and inserting
``(1) The Secretary''; and
(B) by adding at the end the following new
paragraph:
``(2) In carrying out paragraph (1), the Secretary shall ensure
that the Office has the personnel necessary to serve as a resource to
provide individuals described in paragraphs (1) and (2) of subsection
(a) with information on how to receive the Servicemembers' Group Life
Insurance financial counseling pursuant to section 1966(e)(1) of this
title.''. | Securing America's Veterans Insurance Needs and Goals Act of 2010 or SAVINGS Act of 2010 - Requires a life insurance company, in order to provide life insurance for veterans under the Servicemembers' Group Life Insurance program, to: (1) provide financial counseling to the beneficiary or other person entitled to payment upon the establishment of a valid claim; and (2) include full disclosure with respect to such payment, including advantages and disadvantages of maintaining such payment with the company versus a financial institution. Prohibits a company from charging fees to a payee for maintaining such payment with the company. Requires the insured to be given the option of specifying the manner of disbursement of insurance proceeds.
Requires: (1) the Director of the VA's Office of Survivor Assistance to attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance; and (2) the Secretary to ensure that such Office has the necessary personnel to provide information on the receipt of such counseling. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to ensure that beneficiaries of Servicemembers' Group Life Insurance receive financial counseling and disclosure information regarding life insurance payments, and for other purposes."} | 1,165 | 217 | 0.636303 | 2.003443 | 0.846398 | 3.351351 | 6 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tanning Accountability and
Notification Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Food and Drug Administration (``FDA'') and numerous
leading United States health care organizations estimate that
approximately one million Americans each year will be stricken
with skin cancer, a potentially deadly disease, and the most
common of all types of cancers.
(2) The number of cases of melanoma, the most deadly of all
skin cancers, is rising in the United States. The American
Cancer Society estimates 111,900 Americans will be diagnosed
with melanoma in 2006. Nationally, one person dies of melanoma
almost every hour.
(3) Numerous studies have established that skin cancer is
closely associated with excessive ultraviolet light exposure.
(4) In December 2002, the National Institute of
Environmental Health Sciences issued a report that identified
broad spectrum ultraviolet radiation produced by artificial
light sources as a known carcinogen and added such radiation to
its listing of 228 substances linked to cancer.
(5) The FDA, joined by the National Institutes of Health,
the Centers for Disease Control and Prevention, the World
Health Organization, and the American Academy of Dermatology,
discourages the use of tanning beds and sun lamps, and has
concluded that indoor tanning can be as harmful as outdoor
tanning, and that perhaps more than one million people in the
United States alone visit tanning salons each day on the
average.
(6) The FDA and numerous leading United States and
international health care organizations have expressed concerns
that the consuming public generally, and teenage population
particularly, is not aware that indoor tanning devices emit
ultraviolet radiation that is similar to and sometimes more
powerful than the UV radiation emitted by the sun.
(7) The FDA has concluded that there are no ``safe rays''
insofar as both types of ultraviolet light cause skin cancer,
damage to the eyes and the immune system, as well as wrinkling
and other signs of premature skin aging. Tanning devices in
salons, tanning parlors, spas, and similar settings are in no
way less harmful alternatives to the sun's rays.
(8) Exposure to ultraviolet radiation, especially from
indoor tanning equipment, is not necessary to maintain adequate
levels of vitamin D in the body. A comprehensive review of the
scientific literature published in the February 2006 issue of
the Journal of the American Academy of Dermatology confirms
that exposing oneself to harmful doses of ultraviolet radiation
is an unsafe practice that is not essential to maintaining an
adequate supply of vitamin D for good bone and muscle health.
(9) According to the American Academy of Dermatology,
manufacturers of tanning devices should be required to fix upon
the devices a warning label reading, ``Ultraviolet radiation
can cause skin cancer and nonreversible forms of damage to the
skin''.
SEC. 3. REPORT BY FOOD AND DRUG ADMINISTRATION REGARDING LABELING
INFORMATION ON RELATIONSHIP BETWEEN USE OF INDOOR TANNING
DEVICES AND DEVELOPMENT OF SKIN CANCER OR OTHER SKIN
DAMAGE.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall determine--
(1) whether the labeling requirements for indoor tanning
devices, including the positioning requirements, provide
sufficient information to consumers regarding the risks that
the use of such devices pose for the development of
irreversible damage to the eyes and skin, including skin
cancer; and
(2)(A) whether adding the warning suggested by the American
Academy of Dermatology to the current warning label, or any
other additional warning, would communicate the risks of indoor
tanning more effectively; or
(B) whether there is no warning that would be capable of
adequately communicating such risks.
(b) Consumer Testing.--In making the determinations under
subsection (a), the Secretary shall conduct appropriate consumer
testing, using the best available methods for determining consumer
understanding of label warnings.
(c) Public Hearings; Public Comment.--The Secretary shall hold
public hearings and solicit comments from the public in making the
determinations under subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report that provides the determinations under subsection (a). In
addition, the Secretary shall include in the report the measures being
implemented by the Secretary to significantly reduce the risks
associated with indoor tanning devices. | Tanning Accountability and Notification Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to determine whether: (1) the labeling requirements for indoor tanning devices provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the eyes and skin, including skin cancer; (2) adding the warning suggested by the American Academy of Dermatology or any other additional warning to the current warning label would communicate such risks more effectively; and (3) there is no warning that would be capable of adequately communicating such risks. Requires the Secretary, in making such determinations, to: (1) conduct appropriate consumer testing using the best available methods for determining consumer understanding of label warnings; and (2) hold public hearings and solicit comments from the public. | {"src": "billsum_train", "title": "To require the Food and Drug Administration to conduct consumer testing to determine the appropriateness of the current labeling requirements for indoor tanning devices and determine whether such requirements provide sufficient information to consumers regarding the risks that the use of such devices pose for the development of irreversible damage to the skin, including skin cancer, and for other purposes."} | 1,005 | 176 | 0.517866 | 1.673975 | 0.635341 | 5.182927 | 5.658537 | 0.97561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Infrastructure for
Job Creation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States.
(2) According to the Brookings Institution, nearly 14.5
million workers--11 percent of the U.S. workforce--were
employed in infrastructure jobs in 2013.
(3) According to data from the Brookings Institution,
infrastructure occupations often provide more competitive and
equitable wages in comparison to all jobs nationally,
consistently paying up to 30 percent more to low-income workers
over the past decade.
(4) The American Society of Civil Engineers gave the
infrastructure of the United States an overall grade of ``D+''
in 2017 and estimated that the United States will need to
invest $4.59 trillion by 2025 in order to improve the condition
of the Nation's infrastructure and bring it to a state of good
repair.
(5) The American Society of Civil Engineers assigned a
``D'' grade to the Nation's roads, a ``C+'' grade to the
Nation's bridges, and a ``D-'' grade to the Nation's transit
systems and estimated that the United States will need to
invest $2.04 trillion by 2025 to bring the Nation's surface
transportation infrastructure to a state of good repair.
(6) TIGER, formally known as the Transportation Investment
Generating Economic Recovery grant program, is a nationwide
competitive grant program that creates jobs by funding
investments in transportation infrastructure by States, local
governments, and transit agencies.
(7) TIGER funds projects that will have a significant
impact on the Nation, a metropolitan area, or a region.
(8) In distributing grants under TIGER, the Secretary of
Transportation is required to ensure an equitable geographic
distribution of funds, a balance in addressing the needs of
urban and rural areas, and investments in a variety of modes of
transportation.
(9) TIGER received an appropriation of $600,000,000 in
fiscal year 2014, an appropriation of $500,000,000 in fiscal
year 2015, and an appropriation of $500,000,000 in fiscal year
2016.
(10) Past appropriations for TIGER are not sufficient to
address the need for investments in transportation
infrastructure in communities throughout the United States as
the amounts only fund a small fraction of the transportation
infrastructure projects for which TIGER grant applications have
been received.
(11) Appropriating $7.5 billion in fiscal year 2017 for
TIGER and allowing the funds to remain available for 6 years
will enable the Secretary of Transportation to begin
immediately to expand investments in transportation
infrastucture throughout the United States.
(12) Restricting appropriations for TIGER through the use
of arbitrary budget caps or sequestration undermines economic
recovery and job creation efforts; disrupts planning by States,
local governments, and transit agencies; and leaves critical
infrastructure needs unmet.
(13) Emergency supplemental appropriations for TIGER,
provided in addition to other appropriations and not subject to
sequestration, will improve transportation infrastructure and
create jobs throughout the United States without reducing
funding for other domestic priorities.
(14) An emergency supplemental appropriation of $7.5
billion for TIGER to be made available in fiscal year 2017 and
to remain available for 6 years will allow the Secretary of
Transportation to begin immediately to organize new
competitions for TIGER grants and allow States, local
governments, and transit agencies to prepare grant
applications, thus ensuring an efficient use of funds and
timely job creation.
SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR TIGER DISCRETIONARY GRANT
PROGRAM.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2017:
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
For an additional amount for ``National Infrastructure
Investments'' in accordance with the provisions under this heading in
title I of division K of Public Law 115-31, $7,500,000,000, to remain
available through September 30, 2022: Provided, That the amount under
this heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such amount shall be available
only if the President subsequently so designates such amount and
transmits such designation to the Congress.
SEC. 4. EXEMPTION FROM SEQUESTRATION.
The appropriation in section 3 shall be exempt from sequestration
under the Balanced Budget and Emergency Deficit Control Act of 1985. | Transportation Infrastructure for Job Creation Act This bill provides $7.5 billion in supplemental FY2017 appropriations to the Department of Transportation to remain available through FY2022 for national infrastructure investments under a competitive grant program commonly known as the Transportation Investment Generating Economic Recovery (TIGER) program. The funding provided by this bill is designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the amounts as an emergency and submits the designation to Congress. The bill also exempts the funding from sequestration. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) | {"src": "billsum_train", "title": "Transportation Infrastructure for Job Creation Act"} | 1,001 | 175 | 0.511318 | 1.547247 | 0.76075 | 2.414966 | 6.265306 | 0.795918 |
SECTION 1. CERTAIN ENTRIES OF PASTA.
(a) In general.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall--
(1) not later than 90 days after the receipt of the request
described in subsection (b), liquidate or reliquidate the
entries listed in subsection (c) at the antidumping duty rate
specified in case number A-475-818 of the Department of
Commerce for customer ID number A-475-818-015, in accordance
with the final results of the administrative reviews covering
the periods from January 19, 1996, through June 30, 1997, and
from July 1, 1997, through June 30, 1998, undertaken by the
Department of Commerce for such entries; and
(2) not later than 90 days after such liquidation or
reliquidation, refund the difference, including interest from
the date of entry, between any duties previously paid and the
assessed reliquidation duties, if any.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (c)
only if a request therefor is filed with the Customs Service not later
than 90 days after the date of the enactment of this Act.
(c) Entries.--The entries referred to in subsection (a) are as
follows:
Entry number Date of entry
112-9031316-0 August 1, 1997
112-9035051-9 August 12, 1997
112-9035113-7 August 8, 1997
112-9060512-8 September 19, 1997
112-9062411-1 October 6, 1997
112-9065180-9 October 18, 1997
112-9065185-8 October 18, 1997
112-9067805-9 October 6, 1997
112-9069528-5 October 6, 1997
112-9073901-8 October 11, 1997
112-9083916-4 November 8, 1997
112-9094826-2 November 17, 1997
112-9097228-8 November 23, 1997
112-9100392-7 December 6, 1997
112-9100408-1 December 6, 1997
112-9110232-3 January 12, 1998
112-9110235-6 January 7, 1998
112-9112343-6 December 15, 1997
112-9128013-7 January 11, 1998
112-9136074-9 January 28, 1998
112-9140429-9 February 8, 1998
112-9153399-8 March 7, 1998
112-9153402-0 February 28, 1998
112-9154972-1 March 14, 1998
112-9733815-8 August 27, 1996
112-9741277-4 January 18, 1996
112-9743016-4 January 26, 1996
112-9746699-4 January 30, 1996
112-9746705-9 January 30, 1996
112-9747651-4 February 2, 1996
112-9747653-0 February 2, 1996
112-9763880-8 March 19, 1996
112-9763914-5 March 22, 1996
112-9771147-2 April 14, 1996
112-9771151-4 April 14, 1996
112-9775235-1 April 22, 1996
112-9776387-9 April 30, 1996
112-9776389-5 April 29, 1996
112-9776392-9 April 29, 1996
112-9776397-8 April 29, 1996
112-9782754-2 January 24, 1996
112-9823058-9 July 28, 1996
112-9823914-3 August 1, 1996
112-9826459-6 August 12, 1996
112-9826463-8 August 19, 1996
112-9830202-4 August 19, 1996
112-9830216-4 August 23, 1996
112-9830227-1 August 19, 1996
112-9830231-3 August 12, 1996
112-9833925-7 August 27, 1996
112-9833927-3 September 4, 1996
112-9834606-2 August 16, 1996
112-9838476-6 September 3, 1996
112-9838481-6 September 3, 1996
112-9838484-0 September 3, 1996
112-9855309-7 October 8, 1996
558-1629503-8 May 14, 1996
558-1735066-7 January 21, 1997
558-1738988-9 July 21, 1997
558-1740049-6 August 30, 1997
558-1742806-7 December 18, 1998
558-1846156-2 April 22, 1998
558-1847661-0 June 23, 1998
558-1847982-0 June 30, 1998
614-0010511-2 December 7, 1995
614-0011461-9 February 1, 1996
614-0011462-7 February 1, 1996
614-0011843-8 February 23, 1996
614-0011844-6 February 19, 1996
614-0011845-3 February 19, 1996
614-0011846-1 February 16, 1996
614-0011847-9 February 16, 1996
614-0011848-7 February 16, 1996
614-0011849-5 February 16, 1996
614-0011886-7 March 8, 1996
614-0011887-5 March 8, 1996
614-0011892-5 February 24, 1996
614-0011893-3 February 24, 1996
614-0011894-1 February 24, 1996
614-0011895-8 February 24, 1996
614-0011896-6 February 24, 1996
614-0011899-0 February 24, 1996
614-0012574-8 March 20, 1996
614-0012575-5 March 8, 1996
614-0012576-3 March 8, 1996
614-0012577-1 March 8, 1996
614-0012578-9 March 8, 1996
614-0012579-7 March 8, 1996
614-0012758-7 March 8, 1996
614-0012759-5 March 15, 1996
614-0012793-4 March 28, 1996
614-0012932-8 March 22, 1996
614-0013062-3 April 18, 1996
614-0013063-1 April 18, 1996
614-0013175-3 April 9, 1996
614-0013176-1 April 8, 1996
614-0013177-9 April 8, 1996
614-0013315-5 April 18, 1996
614-0013317-1 April 18, 1996
614-0013318-9 April 18, 1996
614-0013357-7 April 26, 1996
614-0013358-5 April 26, 1996
614-0013359-3 April 26, 1996
614-0013360-1 April 26, 1996
614-0013361-9 April 26, 1996
614-0013362-7 April 26, 1996
614-0013363-5 April 26, 1996
614-0013364-3 April 26, 1996
614-0013595-2 May 4, 1996
614-0013596-0 May 4, 1996
614-0013597-8 May 4, 1996
614-0013598-6 May 4, 1996
614-0013740-4 May 17, 1996
614-0013741-2 May 16, 1996
614-0013752-9 May 20, 1996
614-0015508-3 July 10, 1996
614-0015540-6 August 3, 1996
614-0015541-4 August 3, 1996
614-0015542-2 July 24, 1996
614-0015543-0 July 24, 1996
614-0015544-8 July 24, 1996
614-0015545-5 July 24, 1996
614-0015546-3 July 24, 1996
614-0015547-1 July 24, 1996
614-0015548-9 July 24, 1996
614-0015549-7 August 3, 1996
614-0015550-5 August 3, 1996
614-0015752-7 August 5, 1996
614-0015754-3 August 5, 1996
614-0015755-0 August 9, 1996
614-0015756-8 August 9, 1996
614-0016033-1 August 17, 1996
614-0016034-9 August 17, 1996
614-0016035-6 August 17, 1996
614-0016036-4 August 17, 1996
614-0016037-2 August 17, 1996
614-0016233-7 August 23, 1996
614-0016234-5 August 30, 1996
614-0016236-0 August 30, 1996
614-0016237-8 August 30, 1996
614-0016238-6 August 30, 1996
614-0016239-4 August 30, 1996
614-0016242-8 August 20, 1996
614-0016243-6 August 20, 1996
614-0016483-8 September 13, 1996
614-0016484-6 September 13, 1996
614-0016485-3 September 13, 1996
614-0016486-1 September 13, 1996
614-0024377-2 June 27, 1997
614-0026871-2 December 2, 1997
614-0027212-8 December 11, 1997
614-0027615-2 January 4, 1998
614-0028100-4 February 19, 1998
614-0028101-2 February 15, 1998
614-0028102-0 February 19, 1998
614-0028104-6 February 15, 1998
614-0028193-9 February 23, 1998
614-0028194-7 February 24, 1998
614-0028255-6 March 3, 1998
614-0028267-1 March 9, 1998
614-0028268-9 March 9, 1998
614-0028279-6 March 7, 1998
614-0028434-7 March 15, 1998
614-0028438-8 March 15, 1998
614-0028716-7 April 9, 1998
614-0028718-3 April 13, 1998
614-0028719-1 April 16, 1998
614-0028776-1 April 17, 1998
614-0028793-6 April 27, 1998
614-0028864-5 April 23, 1998
614-0028868-6 April 20, 1998
614-0028869-4 April 20, 1998
614-0028870-2 April 21, 1998
614-0028871-0 April 21, 1998
614-0028872-8 April 21, 1998
614-0028873-6 April 21, 1998
614-0028966-8 April 27, 1998
614-0028983-3 May 5, 1998
614-0029042-7 May 4, 1998
614-0029043-5 May 4, 1998
614-0029565-7 June 21, 1998
614-0029566-5 June 21, 1998
614-0029567-3 June 21, 1998
614-0029835-4 June 23, 1998
614-0029840-4 June 23, 1998
614-0029841-2 June 23, 1998
614-0029870-1 June 22, 1998
614-0029871-9 June 23, 1998
FD6-2007567-7 June 19, 1998
FD6-2007568-5 June 19, 1998 | Directs the Customs Service to liquidate or reliquidate certain entries of pasta and to refund any amounts owed. | {"src": "billsum_train", "title": "To provide for the liquidation or reliquidation of certain entries of pasta."} | 2,179 | 27 | 0.435886 | 1.291749 | 0.179835 | 2.105263 | 125.421053 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repairing Young Women's Lives Around
the World Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Every minute, one woman dies from pregnancy-related
complications. Ninety-five percent of these women live in
Africa and Asia.
(2) For every woman who dies from pregnancy-related
complications, 15 to 30 women survive but experience chronic
disabilities. The worst is obstetric fistula which is caused
when a woman who needs trained medical assistance for a safe
delivery, including Caesarian section, cannot get it. The
consequences are life-shattering. The baby usually dies, and
the woman is left with chronic incontinence.
(3) Obstetric fistula is a hole that is formed between the
bladder and the vagina, or the rectum and the vagina, after a
woman suffers from prolonged obstructed labor. In the struggle
to pass through the birth canal, the fetus puts constant
pressure, sometimes for several days, on the bladder and
vaginal or rectal wall, destroying the tissue and leaving a
wound.
(4) According to the Department of State: ``Pregnancy at an
early age often leads to obstetric fistulae and permanent
incontinence. In Ethiopia, treatment is available at only 1
hospital in Addis Ababa that performs over 1,000 fistula
operations a year. It estimates that for every successful
operation performed, 10 other young women need the treatment.
The maternal mortality rate is extremely high due, in part, to
food taboos for pregnant women, poverty, early marriage, and
birth complications related to FGM [Female Genital Mutilation],
especially infibulation.''.
(5) Obstetric fistula affects women who survive obstructed
labor. In nearly every case of obstetric fistula, the baby will
be stillborn and the mother will have physical pain as well as
social and emotional trauma from the loss of her child.
(6) The physical symptoms of obstetric fistula include
incontinence or constant uncontrollable leaking of urine or
feces, frequent bladder infections, infertility, and foul odor.
The smell often drives husbands and loving family members away.
In many communities, women with fistula are considered
``unclean'' and stigmatized.
(7) Fistula is a relatively hidden problem, largely because
it affects the most marginalized members of society: young,
poor, illiterate women in remote areas. Many of these women
never seek treatment. Because they often suffer alone, their
injuries may be ignored or misunderstood.
(8) Adolescents are at greater risk of complications during
childbirth that can lead to fistula because they have less
access to health care and are subject to other significant risk
factors. Young girls suddenly find themselves marginalized,
alone, and are often blamed for their condition.
(9) Although data on obstetric fistula are scarce, the
World Health Organization (WHO) estimates there are more than
2,000,000 women living with fistula and 50,000 to 100,000 new
cases each year. These figures are based on the number of women
who seek medical care. Many more suffer in silence, unaware
that treatment is available.
(10) Obstetric fistula was once common throughout the
world, but over the last century has been eradicated in Europe,
North America, and other developed regions through improved
medical care.
(11) Obstetric fistula is fully preventable by having a
trained medical attendant present during labor and childbirth,
access to emergency obstetric care in the event of
complications, delaying early marriage and childbirth, and
gaining access to education and family planning.
(12) Obstetric fistula can also be surgically repaired.
Surgery requires a specially trained surgeon and support staff,
access to an operating theater and to attentive post-operative
care. Success rates for surgical repair of fistula can be as
high as 90 percent and cost an average of $300.
(13) In 2003, the United Nations Population Fund (UNFPA)
launched the first-ever global Campaign to End Fistula. This
campaign includes interventions to prevent fistula from
occurring, treat women who are affected and support women after
surgery.
(14) The Campaign to End Fistula currently supports
projects in more than 30 countries in sub-Saharan Africa, South
Asia, and the Middle East. In each country the Campaign
identifies the extent of the problem and the resources
available to treat fistula, develops a national strategy and
builds partnerships to address the problem, and implements
activities to prevent and treat fistula, including efforts to
reintegrate women into their communities once they are healed.
(15) The United States Government provided a voluntary
contribution of $21,500,000 to UNFPA for fiscal year 2001 and
the Administration's budget request for fiscal year 2006
allocates $25,000,000 for UNFPA.
(16) UNFPA is working in more than 79 countries to reduce
maternal death and disability, such as obstetric fistula, and
to save women's lives.
(17) In the winter of 2001, the Secretary of State
submitted written testimony to the Committee on Foreign
Relations of the Senate expressing support for the invaluable
work of UNFPA and for securing funding for the organization.
(18) The United States Government, as part of its efforts
to improve the dire health conditions of Afghan women, pledged
in October 2001 an additional $600,000 to UNFPA to address the
reproductive health care needs of Afghan refugees in
surrounding nations and of internally displaced persons within
Afghanistan.
(19) Congress demonstrated its strong bipartisan support
for a voluntary United States contribution to UNFPA of up to
$34,000,000 in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002, which was passed by
the House of Representatives on a vote of 357 to 66 and by the
Senate by unanimous consent and signed into law (Public Law
107-115) by the President on January 10, 2002. However, the
President decided not to obligate the funds.
(20) In May 2002, the President sent a three-person
delegation to investigate UNFPA programs in China and
allegations that the agency was involved in coercive abortion
practices.
(21) This independent delegation concluded that such
allegations were untrue.
(22) On May 29, 2002, the delegation sent a letter to the
Secretary of State stating the following: ``First Finding: We
find no evidence that UNFPA has knowingly supported or
participated in the management of a program of coercive
abortion or involuntary sterilization in the PRC. First
Recommendation: We therefore recommend that not more than
$34,000,000 which has already been appropriated be released to
UNFPA.''.
(23) Regrettably, the Administration overruled the
recommendation of its own delegation and invoked an overly
broad interpretation of the law in order to eliminate funding
for UNFPA.
SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS
POPULATION FUND.
Notwithstanding any other provision of law, in addition to amounts
otherwise available to carry out the purposes of chapter 3 of part 1 of
the Foreign Assistance Act of 1961, there are authorized to be
appropriated $34,000,000 for fiscal year 2006 and each subsequent
fiscal year to be available only for United States voluntary
contributions to the United Nations Population Fund (UNFPA) only for
prevention and repair of obstetric fistula. | Repairing Young Women's Lives Around the World Act - Authorizes appropriations to be used only for U.S. voluntary contributions to the United Nations Population Fund (UNFPA) for prevention and repair of obstetric fistula. | {"src": "billsum_train", "title": "To provide a United States voluntary contribution to the United Nations Population Fund only for the prevention and repair of obstetric fistula."} | 1,669 | 57 | 0.370954 | 1.029287 | 0.070982 | 5.567568 | 40.216216 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Equality Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1997, Congress enacted the Adoption and Safe
Families Act of 1997 (Public Law 105-89; 111 Stat. 2115),
clearly stating that a child's health and safety are paramount,
and that each child deserves a permanent home.
(2) The Adoption and Safe Families Act of 1997 provides
incentives for adoptions, and adoptions from foster care since
its enactment in 1997 through 2002 have nearly doubled.
(3) Despite the increase in adoptions, in 2003
approximately 131,000 children in foster care have the
permanency goal of adoption but are still waiting to be
adopted.
SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.
(a) In General.--Section 473(a) of the Social Security Act (42
U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the
following:
``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the
requirements of this paragraph if such child--
``(i)(I) at the time of termination of parental rights was
in the care of a public or licensed private child placement
agency or Indian tribal organization pursuant to a voluntary
placement agreement, relinquishment, or involuntary removal of
the child from the home, and the State has determined, pursuant
to criteria established by the State (which may, but need not,
include a judicial determination), that continuation in the
home would be contrary to the safety or welfare of such child;
``(II) meets all medical or disability requirements of
title XVI with respect to eligibility for supplemental security
income benefits; or
``(III) was residing in a foster family home or child care
institution with the child's minor parent (pursuant to a
voluntary placement agreement, relinquishment, or involuntary
removal of the child from the home, and the State has
determined, pursuant to criteria established by the State
(which may, but need not, include judicial determination), that
continuation in the home would be contrary to the safety or
welfare of such child); and
``(ii) has been determined by the State, pursuant to
subsection (c), to be a child with special needs, which needs
shall be considered by the State, together with the
circumstances of the adopting parents, in determining the
amount of any payments to be made to the adopting parents.
``(B) Notwithstanding any other provision of law, and except as
provided in paragraph (7), a child who is not a citizen or resident of
the United States and who meets the requirements of subparagraph (A)
shall be treated as meeting the requirements of this paragraph for
purposes of paragraph (1)(B)(ii).
``(C) A child who meets the requirements of subparagraph (A), who
was determined eligible for adoption assistance payments under this
part with respect to a prior adoption (or who would have been
determined eligible for such payments had the Adoption and Safe
Families Act of 1997 been in effect at the time that such determination
would have been made), and who is available for adoption because the
prior adoption has been dissolved and the parental rights of the
adoptive parents have been terminated or because the child's adoptive
parents have died, shall be treated as meeting the requirements of this
paragraph for purposes of paragraph (1)(B)(ii).''.
(b) Exception.--Section 473(a) of the Social Security Act (42
U.S.C. 673(a)) is amended by adding at the end the following:
``(7)(A) Notwithstanding any other provision of this subsection, no
payment may be made to parents with respect to any child that--
``(i) would be considered a child with special needs under
subsection (c);
``(ii) is not a citizen or resident of the United States;
and
``(iii) was adopted outside of the United States or was
brought into the United States for the purpose of being
adopted.
``(B) Subparagraph (A) shall not be construed as prohibiting
payments under this part for a child described in subparagraph (A) that
is placed in foster care subsequent to the failure, as determined by
the State, of the initial adoption of such child by the parents
described in such subparagraph.''.
(c) Requirement for Use of State Savings.--Section 473(a) of the
Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b),
is amended by adding at the end the following:
``(8) A State shall spend an amount equal to the amount of savings
(if any) in State expenditures under this part resulting from the
application of paragraph (2) on and after the effective date of the
amendment to such paragraph made by section 3(a) of the Adoption
Equality Act of 2003 to provide to children or families any service
(including post-adoption services) that may be provided under this part
or part B.''.
(d) Determination of a Child With Special Needs.--Section 473(c) of
the Social Security Act (42 U.S.C. 673(c)) is amended to read as
follows:
``(c) For purposes of this section, a child shall not be considered
a child with special needs unless--
``(1)(A) the State has determined, pursuant to a criteria
established by the State (which may or may not include a
judicial determination), that the child cannot or should not be
returned to the home of his parents; or
``(B) the child meets all medical or disability
requirements of title XVI with respect to eligibility for
supplemental security income benefits; and
``(2) the State has determined--
``(A) that there exists with respect to the child a
specific factor or condition (such as ethnic
background, age, or membership in a minority or sibling
group, or the presence of factors such as medical
conditions or physical, mental, or emotional handicaps)
because of which it is reasonable to conclude that the
child cannot be placed with adoptive parents without
providing adoption assistance under this section and
medical assistance under title XIX; and
``(B) that except where it would be against the
best interests of the child because of such factors as
the existence of significant emotional ties with
prospective adoptive parents while in the care of such
parents as a foster child, a reasonable, but
unsuccessful, effort has been made to place the child
with appropriate adoptive parents without providing
adoption assistance under this section or medical
assistance under title XIX.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003. | Adoption Equality Act of 2003 - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to modify the requirements of a child with special needs whose adoptive parents are eligible to receive a State adoption assistance payment.
Eliminates the requirement that the child with special needs meet specified income eligibility criteria under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) relating solely to the biological parents whose rights have been terminated. (Thus makes all children with special needs eligible for adoption assistance.)
Makes eligible to receive adoption assistance payments the adoptive parents of a child who is not a U.S. citizen or resident, but who otherwise meets the eligibility requirements for such payments, with the exception of a child adopted outside the United States or brought into it for adoption purposes. Declares that payments shall not be construed as prohibited with respect to the latter kind of child if he or she is placed in foster care following the failure of the initial adoption of the child by the adoptive parents.
Requires treatment as meeting such requirements of any children determined eligible with respect to a prior adoption (or who would have been determined eligible had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who are available for adoption again because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died.
Requires a State to spend an amount equal to the amount of savings (if any) in State expenditures resulting from the application of this Act to provide to children or families any service (including post-adoption services) that may be provided under this part or part B (Child-Welfare Services).
Revises requirements for the determination under SSA of a child with special needs to require that: (1) the State determine, pursuant to criteria established by it (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his/her parents (as under current law); or (2) the child meets all medical or disability requirements of title XVI (Supplemental Security Income) (SSI), and (as under current law) specific factors or conditions apply. (Currently, the first requirement and the specific factor requirement must both apply. This Act makes it sufficient to determine a child with special needs if the child cannot or should not be returned to the home of his/her parents. The specific factor requirement does not have to apply in such a case, but must apply in the case of any child who meets all SSI medical or disability requirements.) | {"src": "billsum_train", "title": "A bill to promote the adoption of children with special needs."} | 1,532 | 599 | 0.634188 | 2.06706 | 0.770666 | 4.124528 | 2.658491 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Recycling Incentives Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The generation of solid and hazardous waste has grown
to alarming proportions in the United States. Each person in
the United States throws away 3.6 pounds of garbage every day--
enough annually to fill a convoy of 10-ton garbage trucks
145,000 miles long, which is the equivalent of half-way to the
moon or roughly 7 times around the equator.
(2) Frequently economic incentives are not sufficient to
encourage waste minimization and responsible environmental
behavior, and such incentives actually may favor increased
waste generation and improper behavior.
(3) A system of economic incentives targeted at waste
reduction and recycling together with responsible regulation of
recycling activity can reduce both the amount and toxicity of
materials entering the environment.
(4) In particular, there is a need to encourage greater
recycling of used oils. Americans are improperly pouring on the
ground or into sewers, placing in landfills, or improperly
burning over 400 million gallons of such oil per year. This is
equivalent to more than 35 Exxon Valdez spills. In addition to
fouling the environment, this depletes oil resources and
increases the Nation's reliance on foreign oil.
(5) The Administrator of the Environmental Protection
Agency requires additional statutory authority to address
situations in which economic incentives to encourage waste
reduction and responsible environmental behavior are not
adequate.
SEC. 3. USED OIL RECYCLING REQUIREMENTS.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by redesignating sections 3015 through
3023 as sections 3016 through 3024, respectively, and by inserting
after section 3014 the following new section:
``SEC. 3015. RECYCLING REQUIREMENTS FOR USED OIL.
``(a) General Requirement.--(1) During the period beginning not
later than 24 months after the date of the enactment of the Oil
Recycling Incentives Act and ending 10 years after such date, a
producer or importer of lubricating oil each year shall recycle, using
a method described in paragraph (2), an amount of used oil equal to at
least that amount of oil determined by--
``(A) multiplying the lubricating oil produced for domestic
use or consumption or imported that year by such person, by
``(B) the recycling percentage established by the
Administrator under subsection (b).
``(2) A producer or importer of lubricating oil may comply with
this subsection--
``(A) by recycling used oil (in compliance with the
requirements of section 3014 and regulations promulgated
pursuant to such section) through reintroducing the used oil
into refinery production for purposes of producing petroleum
products;
``(B) by purchasing re-refined oil or re-refined lubricant
base stock from a facility having a permit under section 3005
for purposes of producing lubricating oil; or
``(C) by purchasing recycling credits under the recycling
credit system established pursuant to subsection (c).
``(3) A producer or importer of lubricating oil shall submit to the
Administrator, under regulations promulgated by the Administrator, a
report on the amount of lubricating oil produced or imported in each
calendar year by such person. The report shall be submitted at least
once a year, but the Administrator also may require such interim
reports under this paragraph as the Administrator considers necessary.
``(4) For purposes of paragraph (1), a producer or importer shall
be treated as recycling 2 units of used oil for each unit of re-refined
oil or re-refined lubricant base stock purchased as provided in
paragraph (2)(B).
``(5) Nothing in this section shall prohibit a producer or importer
from entering into an agreement with a subsidiary or division of such
producer or importer--
``(A) for purposes of treating oil recycled by such
subsidiary or division as being recycled by the producer or
importer for purposes of meeting the recycling requirement of
this section; or
``(B) for purposes of obtaining recycling credits created
by such subsidiary or division.
``(6) For purposes of paragraph (2)(A), the amount of used oil that
is recycled as provided in that paragraph shall be determined on the
basis of the records of the amount of used oil received by the producer
or importer.
``(b) Recycling Percentage.--The Administrator each year shall
establish a recycling percentage for use under subsection (a). The
percentage applicable during the first year that the requirement
established by subsection (a) is in effect shall be a percentage that
is 2 percentage points higher than the recycling rate for lubricating
oil that exists on the date of the enactment of this section. Such
recycling rate shall be determined by using data for 1990 or the most
recent year for which data are available. For each of the 10 years
thereafter, the recycling percentage shall be an additional 2
percentage points higher than the recycling percentage of the previous
year. Such recycling percentage shall go into effect automatically and
shall be published in the Federal Register.
``(c) Credit System for Recycling Used Oil.--(1) Not later than 18
months after the date of the enactment of the Oil Recycling Incentives
Act, the Administrator shall promulgate regulations to establish a
system under which (A) recyclers may create credits for used oil
recycling, and (B) producers or importers of lubricating oil may
purchase such recycling credits from such recyclers, for purposes of
complying with subsection (a). No person may create such credits, and
no producer or importer of lubricating oil may purchase such credits,
except in accordance with this subsection and the regulations
promulgated under this subsection. In developing the regulations, the
Administrator shall, to the maximum extent feasible, allow for the use
of records kept in the ordinary course of business or other approaches
that facilitate the simple, rapid generation and exchange of credits
without a case-by-case approval.
``(2) At a minimum, the regulations under paragraph (1) shall
include the following requirements:
``(A) The following records shall be kept by a recycler for
at least 3 years:
``(i) A record of the quantities of used oil
received for recycling, together with the prices paid
to transporters or owners or operators of collection
centers.
``(ii) A record of the quantities of recycled oil
sold or otherwise distributed in commerce, and the
destinations of such recycled oil. Part of such record
shall be a record of the quantities and price of re-
refined oil sold to producers or importers of
lubricating oil for the purpose of complying with
subsection (a).
``(iii) A record of the sale or other disposition
of recycling credits, including the name and address of
the producers and importers the credits were sold to,
the price charged, and the amount of credits sold.
``(B) The recycler shall sell or otherwise distribute in
commerce the recycled oil as specification used oil, off-
specification or industrial specification used oil, or re-
refined oil (as defined by the Administrator). The recycler
shall maintain records of the tests certifying that the oil
meets the standards for one of those categories of oil or fuel,
along with records of the destination of the oil or fuel by
category.
``(C) Each year a producer or importer of lubricating oil
shall keep records of the quantity of lubricating oil produced
or imported, the recycling of used oil carried out to comply
with subsection (a), the amount of re-refined oil or lubricant
base stock purchased to comply with subsection (a), the amount
of recycling credits purchased (including the names of
recyclers from whom the credits were purchased and the dates of
the purchases), the price paid for the credits, and the amount
(if any) of recycling credits sold or carried over from
previous years. The regulations shall allow for a 2-year
carryover of credits.
``(3) The Administrator may include such other requirements in the
regulations under paragraph (1) with respect to qualifications for
recyclers, importers, and producers; methods for auditing compliance
with the system; and enforcement of the system; as the Administrator
considers necessary or appropriate for administering the recycling
credit system established under this subsection.
``(4) The Administrator shall include in the regulations under
paragraph (1) a procedure by which an interested party may petition the
Administrator for credits to be created under the credit system for
recycling of used oil using new technology. The Administrator shall
determine, after public notice and opportunity for comment, the amount
of credit that may be created by new technologies for which petitions
are granted under this paragraph.
``(d) Reports.--(1) Not later than 6 years after the date of the
enactment of the Oil Recycling Incentives Act, the Administrator shall
submit to Congress an interim report on the implementation of this
section. The report shall include, at a minimum--
``(A) a discussion of the effects of the requirements of
this section on the lubricating oil industry, the used oil
recycling industry, and on the environment; and
``(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommendations on whether,
and at what rate, the percentage should be increased in future
years above the percentage applicable under subsection (b).
``(2) Not later than 10 years after such date, the Administrator
shall submit to Congress a final report on the implementation of this
section. The report shall include an updated version of the discussion
and evaluation required in the interim report, as well as such other
findings and recommendations with respect to the implementation of this
section as the Administrator considers appropriate.
``(e) Definitions.--For purposes of this section:
``(1) The term `producer' with respect to lubricating oil
means any person who produces a lubricant base stock from crude
oil. Such production does not include the re-refining of used
oil.
``(2) The term `importer' with respect to lubricating oil
means any person who imports a lubricant base stock.
``(3) The term `lubricant base stock' means oil from which
lubricating oil is made after introduction of additives.
``(4) The terms `used oil collection center', `collection
center', and `generator' mean any facility or entity that
collects, stores, accumulates, or otherwise generates used oil,
including a service station dealer (as defined in section
101(37) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(37)),
an auto parts retailer, or municipality. Such term does not
include an individual who generates used oil by removing such
oil from the engine of a light duty motor vehicle or household
appliance owned or operated by such individual and used only
for personal purposes.
``(5) The term `recycler' means an owner or operator of a
used oil recycling facility.
``(6) The term `recycling credit' means a legal record of a
recycling activity undertaken in accordance with subsection (c)
that represents an amount of used oil recycled for purposes of
complying with subsection (a).
``(7) The terms `used oil recycling facility' and
`recycling facility' mean a facility with a permit under
section 3005 that re-refines or reprocesses used oil.
``(f) Applicability.--This section applies to any person who
produces or imports more than 100,000 gallons of lubricating oil a
year.
``(g) Regulations.--The Administrator shall promulgate regulations
to implement this section not later than 18 months after the date of
the enactment of the Oil Recycling Incentives Act. If the Administrator
fails to promulgate such regulations by that date, the recycling
percentage under subsection (b) shall be 40 percent until such time as
the regulations are promulgated.''.
(b) Table of Contents Amendment.--The table of contents for
subtitle C of the Solid Waste Disposal Act (contained in section 1001)
is amended--
(1) by redesignating the items relating to sections 3015
through 3023 as sections 3016 through 3024, respectively; and
(2) by inserting after the item relating to section 3014
the following new item:
``Sec. 3015. Recycling requirements for used oil.''. | Oil Recycling Incentives Act - Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased.
Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years.
Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil.
Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. | {"src": "billsum_train", "title": "Oil Recycling Incentives Act"} | 2,732 | 389 | 0.524755 | 1.583541 | 0.795074 | 3.274691 | 7.987654 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support.--
``(1) In general.--In the case of a custodial parent who,
as of the close of the taxable year, is owed child support, the
amount of unpaid child support shall be deemed a canceled debt
as of such date, and shall be allowed as a deduction for such
taxable year.
``(2) Presumption of worthlessness.--Subsection (a)
(relating to worthless debts) shall not apply to child support.
``(3) Subsequent payments.--If any unpaid child support
with respect to which a deduction was allowed under paragraph
(1) is subsequently paid to the custodial parent, the amount of
such payment shall not be included in the gross income of the
custodial parent, nor shall it be allowed as a deduction to the
delinquent debtor. The delinquent debtor shall be neither
required nor allowed to file an amended return in any
subsequent year to reflect the subsequent payment of unpaid
child support.
``(4) Full deduction from ordinary income.--Subsection (d)
(relating to the treatment of nonbusiness bad debt as a loss
from the sale or exchange of a capital asset) shall not apply
to the deductibility of unpaid child support.
``(5) Tax returns.--A custodial parent who wishes to deduct
the amount of unpaid child support shall include on the return
claiming the deduction the name and taxpayer identification
number of each child with respect to whom child support
payments to which this subsection applies are required to be
paid.
``(6) Information returns.--
``(A) In general.--A custodial parent who wishes to
deduct the amount of unpaid child support shall
complete Form 1099-CS (or such other form as the
Secretary may prescribe) and provide such form to the
Secretary, and (if the address is known) to the
delinquent debtor, within 45 days following the close
of the taxable year for which the deduction is claimed.
Failure to so file such form with the Secretary (or, if
the address is known, with the delinquent debtor) shall
result in disallowance of the deduction for the taxable
year.
``(B) Contents of form.--The Form 1099-CS (or such
other form as the Secretary may prescribe) shall
contain--
``(i) the total amount of child support
owed (whether or not paid) for such taxable
year,
``(ii) the total amount of unpaid child
support as of the last day of such taxable
year,
``(iii) the name, address (if known), and
taxpayer identification number of the
delinquent debtor, and
``(iv) notice that the delinquent debtor is
required to include such total amount of unpaid
child support in gross income for the
delinquent debtor's taxable year which includes
the last day of the custodial parent's taxable
year.
``(C) Debtor's address unknown.--If the delinquent
debtor's address is not known to the custodial parent,
the Form 1099-CS (or such other form as the Secretary
may prescribe) shall indicate that fact. In such a
case, the Secretary may send such notice if the address
is available to the Secretary, and the notice from the
custodial parent to the delinquent debtor under
subparagraph (A) shall not be required.
``(7) Determination of whether child support is paid.--
``(A) Child support enforcement office records as
conclusive evidence of payment.--Child support shall be
treated as paid if such payment is recorded by the
State office of child support enforcement in which the
custodial parent is registered.
``(B) Timely mailing as timely payment.--A payment
received by the State office of child support
enforcement in which the custodial parent is registered
after the last day of the custodial parent's taxable
year shall be treated for the purpose of this
subsection as paid on such day if the postmark date
falls on or before such day. The rules of section
7502(f) and regulations issued thereunder shall apply
for purposes of this subparagraph.
``(8) Definitions.--For the purposes of this subsection--
``(A) Child support.--The term `child support'
means--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical education
expense, insurance premium, or other similar
item,
which is required to be paid to a custodial parent by
an individual under a support instrument for the
support of any qualifying child of such individual.
`Child support' does not include any amount which is
described in section 408(a)(3) of the Social Security
Act and which has been assigned to a State.
``(B) Custodial parent.--The term `custodial
parent' means an individual who is entitled to receive
child support and who has registered with the
appropriate State office of child support enforcement
charged with implementing section 454 of the Social
Security Act.
``(C) Delinquent debtor.--The term `delinquent
debtor' means a taxpayer who owes unpaid child support
to a custodial parent.
``(D) Qualifying child.--The term `qualifying
child' means a child of a custodial parent with respect
to whom a dependent deduction is allowable under
section 151 for the taxable year (or would be so
allowable but for paragraph (2) or (4) of section
152(e)).
``(E) Support instrument.--The term `support
instrument' means--
``(i) a decree of divorce or separate
maintenance or a written instrument incident to
such a decree,
``(ii) a written separation agreement, or
``(iii) a decree (not described in clause
(i)) of a court or administrative agency
requiring a parent to make payments for the
support or maintenance of 1 or more children of
such parent.
``(F) Unpaid child support.--The term `unpaid child
support' means child support that is payable for months
during a custodial parent's taxable year and unpaid as
of the last day of such taxable year, provided that
such unpaid amount as of such day equals or exceeds
one-half of the total amount of child support due to
the custodial parent for such year.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by inserting after paragraph (18) the following new paragraph:
``(19) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of the subparagraph (B) and by inserting ``, or''
and by adding at the end the following new subparagraph:
``(C) a debt which constitutes unpaid child support
payment under subsection (f).''
SEC. 4. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end the following new subsection:
``(h) Unpaid Child Support.--
``(1) In general.--For purposes of this chapter, any unpaid
child support of a delinquent debtor for any taxable year shall
be treated as amounts includible in gross income of the
delinquent debtor for the taxable year.
``(2) Determination of whether child support is unpaid.--
``(A) In general.--Child support shall be treated
as paid if such payment is recorded by the State office
of child support enforcement in which the custodial
parent is registered.
``(B) Timely mailing as timely payment.--A payment
received by the State office of child support
enforcement in which the custodial parent is registered
after the last day of the custodial parent's taxable
year shall be treated for the purpose of this
subsection as paid on such day if the postmark date
falls on or before such day. The rules of section
7502(f) and regulations issued thereunder shall apply
for purposes of this subparagraph.
``(3) Definitions.--For the purposes of this subsection--
``(A) Child support.--The term `child support'
means--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical education
expense, insurance premium, or other similar
item,
which is required to be paid to a custodial parent by
an individual under a support instrument for the
support of any qualifying child of such individual.
`Child support' does not include any amount which is
described in section 408(a)(3) of the Social Security
Act and which has been assigned to a State.
``(B) Custodial parent.--The term `custodial
parent' means an individual who is entitled to receive
child support and who has registered with the
appropriate State office of child support enforcement
charged with implementing section 454 of the Social
Security Act.
``(C) Delinquent debtor.--The term `delinquent
debtor' means a taxpayer who owes unpaid child support
to a custodial parent.
``(D) Qualifying child.--The term `qualifying
child' means a child of a custodial parent with respect
to whom a dependent deduction is allowable under
section 151 for the taxable year (or would be so
allowable but for paragraph (2) or (4) of section
152(e)).
``(E) Support instrument.--The term `support
instrument' means--
``(i) a decree of divorce or separate
maintenance or a written instrument incident to
such a decree,
``(ii) a written separation agreement, or
``(iii) a decree (not described in clause
(i)) of a court or administrative agency
requiring a parent to make payments for the
support or maintenance of 1 or more children of
such parent.
``(F) Unpaid child support.--The term `unpaid child
support' means child support that is payable for months
during a custodial parent's taxable year and unpaid as
of the last day of such taxable year, provided that
such unpaid amount as of such day equals or exceeds
one-half of the total amount of child support due to
the custodial parent for such year.
``(4) Coordination with other laws.--Amounts treated as
income by paragraph (1) shall not be treated as income by
reason of paragraph (1) for the purposes of any provision of
law which is not an internal revenue law.''
SEC. 5. TAXPAYER INFORMATION REGARDING CHILD SUPPORT NOT BASIS FOR
AUDIT.
A discrepancy between the tax returns of a custodial parent and a
delinquent debtor concerning whether a payment of child support has
been made may not be used or relied upon by the Internal Revenue
Service in any way in selecting an individual's tax return for a
general audit.
SEC. 6. EFFECTIVE DATE; IMPLEMENTATION.
(a) The amendments made by the Act shall apply to taxable years
beginning after December 31, 2002. The Secretary of the Treasury shall
publish Form 1099-CS (or such other form that may be prescribed to
comply with section 3(a)(6) of this Act) regulations, if any, that may
be deemed necessary to carry out the purposes of this Act, not later
than 90 days after the date of enactment of this Act. | Child Support Enforcement Act - Amends the Internal Revenue Code (relating to the deduction for bad debts) to allow a custodial parent to claim unpaid child support payments as a deduction.Bars a delinquent debtor from filing an amended return in any subsequent year to reflect the subsequent payment of unpaid child support.Includes unpaid child support in the gross income of the delinquent debtor.Prohibits any discrepancy between the tax returns of a custodial parent and a delinquent debtor concerning whether a child support payment has been made from serving as a basis for selecting an individual's tax return for general audit. | {"src": "billsum_train", "title": "To allow a custodial parent a bad debt deduction for unpaid child support payments, and to require a parent who is chronically delinquent in child support to include the amount of the unpaid obligation in gross income."} | 2,888 | 153 | 0.646202 | 1.644998 | 0.708676 | 4.663636 | 22.590909 | 0.936364 |
SECTION 1. EXTENDED BENEFITS TRIGGER.
(a) In General.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``5
per centum'' and inserting ``4 per centum'', and
(2) in the first flush sentence following paragraph (2), by
striking ``5'' and inserting ``4''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to weeks of unemployment beginning 6 months or more after the
date of the enactment of this Act.
SEC. 2. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``increase and decrease in amount of earnings allocated to state
accounts when states meet or fail to meet funding goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 1996.
SEC. 3. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST
FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Paragraph (2) of section 1202(b) of the Social
Security Act (42 U.S.C. 1322(b)) is amended by striking ``and'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(C) the average daily balance in the account of
such State in the Unemployment Trust Fund for each of 4
of the 5 calendar quarters preceding the calendar
quarter in which such advances were made exceeds the
funding goal of such State (as defined in section
904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after December 31, 1996.
SEC. 4. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination with Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
the Interstate Conference of Employment Security Administrators,
prescribe regulations requiring that additional information be
submitted by such State with respect to the amount of such tax payable
by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 5. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 1997, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 1998, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 1997. | Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the formula for the extended benefits trigger.
Amends the Social Security Act (SSA) to require increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals.
Amends SSA to restrict interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals.
Amends Internal Revenue Code (IRC) provisions relating to the Federal Unemployment Tax Act to allow certified States to elect to collect Federal unemployment taxes.
Amends IRC provisions relating to approval of State laws to require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | {"src": "billsum_train", "title": "To reform the Federal unemployment benefits system."} | 2,349 | 154 | 0.525612 | 1.307961 | 0.705276 | 3.887218 | 16.037594 | 0.834586 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) More than 400,000 men and women from the United States
served in uniform in the defense of liberty during World War I,
among them 2 future presidents, Harry S. Truman and Dwight D.
Eisenhower.
(2) 2,000,000 individuals from the United States served
overseas during World War I, including 200,000 naval personnel
who served on the seas.
(3) The United States suffered 375,000 casualties during
World War I.
(4) The events of 1914 through 1918 shaped the world, the
United States, and the lives of millions of people in countless
ways.
(5) The centennial of World War I offers an opportunity for
people in the United States to learn about the sacrifices of
their predecessors.
(6) Commemorative programs and activities allow people in
the United States to gain a historical understanding of the
type of conflicts that cause countries to go to war and how
those conflicts are resolved.
(7) Kansas City is home to America's National World War I
Museum, as so recognized by Congress in section 1031(b) of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375; 118 Stat. 2045).
(8) America's National World War I Museum seeks--
(A) to preserve the history of World War I; and
(B) to educate and enlighten people about this
significant event, the consequences of which still
affect the United States.
(9) Kansas City is home to the national headquarters for
the Veterans of Foreign Wars.
(10) Missouri is the home State of General John Joseph
Pershing, who commanded the American Expeditionary Forces in
Europe during World War I.
(11) The Kansas City area is the home of the Harry S.
Truman Presidential Library and Museum.
(12) The Dwight David Eisenhower Presidential Library and
Museum is located close to Kansas City in the neighboring State
of Kansas.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a commission, in Kansas
City, Missouri, on the centennial of World War I to ensure a suitable
observance of such centennial that promotes the values of honor,
courage, patriotism, and sacrifice, in keeping with the representation
of these values through the four Guardian Spirits sculpted on the
Liberty Memorial Monument at America's National World War I Museum.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``World War I Centennial Commission'' (referred to in this Act
as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 24
members as follows:
(A) Four members who shall be appointed by the
Speaker of the House of Representatives.
(B) Three members who shall be appointed by the
minority leader of the House of Representatives.
(C) Four members who shall be appointed by the
majority leader of the Senate.
(D) Three members who shall be appointed by the
minority leader of the Senate.
(E) Seven members who shall be appointed by the
President from among persons who are broadly
representative of the people of the United States
(including members of the Armed Forces, veterans, and
representatives of veterans service organizations).
(F) One member who shall be appointed by the
executive director of the Veterans of Foreign Wars of
the United States.
(G) One member who shall be appointed by the
executive director of the American Legion.
(H) One member who shall be appointed by the
president of the Liberty Memorial Association.
(2) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(3) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(4) Initial meeting.--
(A) In general.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(B) Location.--The location for the meeting held
under subparagraph (A) shall be America's National
World War I Museum.
(5) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chair.
(B) Frequency.--The Chair shall call a meeting of
the members of the Commission not less frequently than
once each year.
(C) Location.--Not less frequently than once each
year, the Commission shall meet at America's National
World War I Museum.
(6) Quorum.--Thirteen members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chair and vice chair.--The Commission shall select a
Chair and Vice Chair from among its members.
SEC. 4. DUTIES.
(a) In General.--The duties of the Commission are as follows:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(5) To develop recommendations for Congress and the
President for commemorating the centennial of World War I.
(b) Reports.--
(1) Periodic report.--Beginning not later than the last day
of the 3-month period beginning on the date described in
section 9 and the last day of each 3-month period thereafter,
the Commission shall submit to Congress and the President a
report on the activities and plans of the Commission.
(2) Recommendations.--Not later than 2 years after the date
described in section 9, the Commission shall submit to Congress
and the President a report containing specific recommendations
for commemorating the centennial of World War I and
coordinating related activities.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers appropriate to carry out the
purposes of this Act.
(b) Powers of Member and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action which the
Commission is authorized to take under this Act.
(c) Information From Federal Agencies.--The Commission shall secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon the request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of the General Services Administration
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.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Commission is authorized--
(A) to procure supplies, services, and property;
and
(B) to make or enter into contracts, leases, or
other legal agreements.
(2) Limitation.--The Commission may not enter into any
contract, lease, or other legal agreement that extends beyond
the date of the termination of the Commission under section
7(a).
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--
(1) Acceptance by commission.--The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission.
(2) Deposit and availability.--Gifts, bequests, or devises
of money and proceeds from sales of other property received as
gifts, bequests, or devises shall de deposited in the Treasury
of the United States and shall be available for disbursement
upon order of the Commission.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(1) Compensation of members.--Members of the Commission
shall serve without compensation for such service.
(2) Travel expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with the applicable provisions of
title 5, United States Code.
(3) Staff.--
(A) In general.--The Chair of the Commission shall,
in consultation with the members of the Commission,
appoint an executive director and such other additional
personnel as may be necessary to enable the Commission
to perform its duties.
(B) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chair of the Commission may
fix the compensation of the executive director
and other personnel appointed under
subparagraph (A).
(ii) Limitation.--The Chair of the
Commission may not fix the compensation of the
executive director or other personnel appointed
under subparagraph (A) at a rate that exceeds
the rate of payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code.
(C) Work location.--If the city government for
Kansas City, Missouri, and the Liberty Memorial
Association make space available in the building in
which the America's National World War I Museum is
located, the executive director of the Commission and
other personnel appointed under subparagraph (A) shall
work in such building to the extent practical.
(4) Detail of government employees.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any employee of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(5) Procurement of temporary and intermittent services.--
The Chair of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
SEC. 7. TERMINATION OF THE COMMISSION.
(a) In General.--The Commission shall terminate on the earlier of--
(1) the date that is 30 days after the date the completion
of the activities under this Act honoring the centennial
observation of World War I; and
(2) July 28, 2019.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Commission under
this Act.
(2) Exception.--Section 14(a)(2) of such Act shall not
apply to the Commission.
SEC. 8. DEFINITIONS.
In this Act:
(1) America's national world war i museum.--The term
``America's National World War I Museum'' means the Liberty
Memorial Museum in Kansas City, Missouri, as recognized by
Congress in section 1031(b) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2045).
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 9. EFFECTIVE DATE.
This Act takes effect on January 1, 2010. | Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President. | {"src": "billsum_train", "title": "A bill to establish the World War I Centennial Commission to ensure a suitable observance of the centennial of World War I, and for other purposes."} | 2,533 | 105 | 0.54035 | 1.329123 | 0.931161 | 4.979798 | 23.929293 | 0.979798 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Abuse Transparency
and Accountability Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American law enforcement has a fundamental duty to
provide compassion, aid, and protection and safety to the
people it serves.
(2) A primary function of law enforcement is to preserve
life, regardless of the race, ethnicity, religion, social or
economic standing, sexual preference, or country of origin of
the individuals involved.
(3) Over many years, thousands of cases of State and local
law enforcement agency violations of suspects, detainees, and
prisoners went inadequately addressed across the United States,
especially in African-American communities and other
communities of color or poverty.
(4) In recent years, procedures, training, and public
oversight have failed to significantly curb or eliminate abuses
and murders of innocent suspects and citizens at the hands of
officers of the law, to fully investigate claims of excessive
use of force, or to adequately reprimand, punish, or remove
such offenders or their superiors.
(5) A special prosecutor in Chicago has been investigating
a police abuse ring that operated over three decades with
impunity, responsible for torturing over 200 African-American
males in their custody at the Area 2 and Area 3 police
headquarters.
(6) Since the 1997 New York Police Department torture of
Abner Louima, and the fatal shooting of Amadou Bailo Diallo in
1999, public and media attention concerning abuse of power and
the unjustified and improper use of force by law enforcement in
communities of color has continuously increased, as have the
number of outraged community responses and the demands for
external oversight of police practices.
(7) More recently, police in Chicago on November 25, 2006,
police officers in New York City shot 50 times and killed an
unarmed man, Sean Bell. The next day, a community rally
protested the police action and called for the removal of
Police Commissioner Raymond Kelly.
(8) Fatal shootings and abuse of suspects and prisoners
have come to light again recently in other cities, including
Atlanta, Georgia, and DeKalb County, Georgia.
(9) Every major State and local city law enforcement agency
receives and depends on some level of Federal funding,
training, grants, or assistance, paid for primarily from the
tax revenues of the citizens being abused.
(10) The common and continuing unaccountable behavior and
silence of members of law enforcement agencies regarding these
abuses are a disgrace to the efforts of law enforcement
agencies throughout the United States and should not be
tolerated.
(11) The lack of transparency, oversight, community
involvement, independent review and investigation, and
consequences to the law enforcement violators makes continuing
abuse more likely, and must be reversed by denying Federal
funding to any law enforcement agency that fails to establish a
minimum of professional training and procedures of engagement;
that tolerates abuses or fatal use of excessive force; that
fails to operate under rules of transparency and community
oversight, investigation, and review; that fails to discipline,
remove, or otherwise hold accountable any perpetrators acting
under the color of law enforcement; or that refuses to fairly
hear each case or allegation of possible abuse or excessive use
of force by law enforcement officers, reviewed by an
established and independent forum.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the dishonorable actions referred
to in section 2 should be independently investigated, recorded, and
condemned.
SEC. 4. INELIGIBILITY FOR FEDERAL ASSISTANCE.
(a) In General.--During the 1-year period beginning on the date of
enactment of this Act, or until transparency and accountability are
fully restored, law enforcement agencies that do not have established
procedures for independent oversight and review, or do not hold
violations by police of excessive use of force, torture, or
manslaughter accountable, shall be ineligible to participate in any
Federal program, whether by funding, assistance, contract, grant,
personnel support, or otherwise.
(b) Licenses.--During the 1-year period beginning on the date of
enactment of this Act, any Federal license issued to any such law
enforcement agencies shall be suspended, or until transparency and
accountability are fully restored.
(c) Equipment.--Law enforcement agencies identified as carrying out
abuses or wrongful deaths, without consequence or open public review or
allegations, shall immediately return all federally-owned equipment in
the possession or use of such law enforcement agencies to the
appropriate Federal agency.
SEC. 5. LAW ENFORCEMENT AGENCIES DEFINED.
In this Act, the term ``law enforcement agencies'' means the
following entities in any State or locality within the control and
jurisdiction of the United States receiving Federal funds for training,
equipment, or other support. | Law Enforcement Abuse Transparency and Accountability Act of 2006 - Expresses the sense of Congress that incidences of law enforcement abuse of citizens should be independently investigated, recorded, and condemned.
Renders state or local law enforcement agencies receiving assistance from the federal government ineligible for further assistance, licenses, or federally-owned equipment until such agencies establish procedures for independent oversight and review and hold police officers accountable for excessive use of force, torture, or manslaughter. | {"src": "billsum_train", "title": "To deny Federal assistance to any State or local law enforcement agencies whose officers use excessive force or violence leading to the death of innocent or unarmed citizens, or who fail to establish, enforce and follow transparent and accountable procedures that fully protect the lives and health of citizens during surveillance, interrogation, arrest or imprisonment from torture, excessive physical or psychological abuse and death, and to require a system of transparent legal and public review of such allegations and cases that can result in the sanction, punishment and removal of officers who perpetrate such abuses or their superiors."} | 1,034 | 104 | 0.472766 | 1.314871 | 0.668059 | 3.705882 | 11.741176 | 0.929412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Opportunities for Formerly
Homeless Veterans Residing in Permanent Housing Act of 2007''.
SEC. 2. GRANTS TO ENTITIES THAT COORDINATE THE PROVISION OF SUPPORTIVE
SERVICES TO FORMERLY HOMELESS VETERANS RESIDING ON
QUALIFYING MILITARY PROPERTY.
(a) Establishment.--
(1) Subject to the availability of appropriations for such
purpose, the Secretary of Veterans Affairs may carry out a
pilot program to make grants to public and non-profit
(including faith-based and community) organizations to
coordinate the provision of supportive services available in
the local community to very low income, formerly homeless
veterans residing in permanent housing that is located on
qualifying property.
(2) The Secretary may make grants at up to 10 qualifying
properties under the pilot program.
(b) Qualifying Property.--A military installation closed in
accordance with the 2005 base realignment and closure process (pursuant
to the Defense Base Realignment and Closure Act of 1990 (BRAC), as
amended), and the property disposal provisions of chapter 5 of title
40, United States Code (formerly the Federal Property and
Administrative Property Act of 1949) that the Secretary of Defense
determines, after consideration of the local redevelopment authority's
redevelopment plan, may be used to assist the homeless in accordance
with the redevelopment plan.
(c) Criteria for Grants.--The Secretary shall prescribe criteria
and requirements for grants under this section and shall publish such
criteria and requirements in the Federal Register.
(d) Duration of Program.--The authority of the Secretary to provide
grants under a pilot program under this section will cease on the date
that is five years after the date of the commencement of that pilot
program.
(e) Definition.--For purposes of this section, ``very low income''
has the same meaning as that used in the Resident Characteristics
Report issued annually by the Department of Housing and Urban
Development.
(f) Authorization for the Appropriation of Funds.--There is
authorized to be appropriated from amounts made available under the
heading ``General Operating Expenses'', not more than $3,000,000 in
each of fiscal years 2009 through 2013 to carry out the purposes of
this section.
SEC. 3. GRANTS TO ENTITIES THAT COORDINATE THE PROVISION OF SUPPORTIVE
SERVICES TO FORMERLY HOMELESS VETERANS RESIDING IN
PERMANENT HOUSING.
(a) Establishment of Pilot Program.--
(1) Subject to the availability of appropriations for such
purpose, the Secretary of Veterans Affairs may carry out a
pilot program to make grants to public and non-profit
(including faith-based and community) organizations to
coordinate the provision of supportive services available in
the local community to very low income, formerly homeless
veterans residing in permanent housing.
(2) The Secretary may make grants at up to 10 qualifying
properties under the pilot program.
(b) Qualifying Property.--Any property in the United States on
which permanent housing is provided or afforded to formerly homeless
veterans, as determined by the Secretary.
(c) Criteria for Grants.--The Secretary shall prescribe criteria
and requirements for grants under this section and shall publish such
criteria and requirements in the Federal Register.
(d) Duration of Pilot Program.--The authority of the Secretary to
provide grants under a pilot program under this section will cease on
the date that is five years after the date of the commencement of that
pilot program.
(e) Definition.--For purposes of this section, ``very low income''
has the same meaning as that used in the Resident Characteristics
Report issued annually by the Department of Housing and Urban
Development.
(f) Authorization for the Appropriation of Funds.--There is
authorized to be appropriated from amounts made available under the
heading ``General Operating Expenses'', not more than $3,000,000 in
each of fiscal years 2009 through 2013 to carry out the purposes of
this section.
SEC. 4. GRANTS TO ENTITIES FOR PENSION OUTREACH.
(a) Authority To Make Grants.--In addition to the outreach
authority provided to the Secretary of Veterans Affairs by section 7722
of title 38 United States Code, the Secretary of Veterans Affairs may
carry out a pilot program to make grants to public and non-profit
(including faith-based and community) organizations for services to
provide outreach to inform low-income and elderly veterans and their
spouses who reside in rural areas of benefits for which they may be
eligible under chapter 15 of title 38, United States Code.
(b) Criteria for Grants.--The Secretary shall prescribe criteria
and requirements for grants under this section and shall publish such
criteria and requirements in the Federal Register.
(c) Duration of Pilot Program.--The authority of the Secretary to
provide grants under a pilot program under this section will cease on
the date that is five years after the date of the commencement of that
pilot program.
(d) Authorization for the Appropriation of Funds.--There is
authorized to be appropriated from amounts made available under the
heading ``General Operating Expenses'', not more than $1,275,000 in
each of fiscal years 2009 through 2013 to carry out the purposes of
this section.
SEC. 5. GRANTS TO ENTITIES THAT ASSIST ELIGIBLE TRANSITIONING
INDIVIDUALS IN NEED OF VOCATIONAL REHABILITATION
ASSISTANCE AND SERVICES.
(a) Authority To Make Grants.--
(1) Subject to the availability of appropriations provided
for such purpose as authorized under subsection (i) of this
section, the Secretary of Veterans Affairs may carry out a
pilot program to make grants to eligible entities to establish
new programs or activities, or expand or modify existing
programs or activities, for the purpose of furnishing the
following services and assistance to each eligible
transitioning individual who is entitled and eligible for a
rehabilitation program (hereinafter referred to in this section
as a ``rehabilitation program'') under chapter 31 of title 38,
United States Code:
(A) Transportation assistance, which may include
providing transportation, paying for or reimbursing
transportation costs, and paying for or reimbursing
other transportation-related expenses (including
orientation on the use of transportation) to facilitate
an eligible individual's participation in a
rehabilitation program or related activities.
(B) Childcare assistance, which may include
childcare services or reimbursement of expenses related
to childcare to facilitate an eligible individual's
participation in a rehabilitation program or related
activities.
(C) Clothing assistance, which may include personal
services in selecting, and payment of a monetary
allowance to cover the cost of purchasing, clothing and
accessories suitable for job interviews or related
activities consistent with an individual's
participation in a rehabilitation program or related
activities.
(2) The Secretary is authorized to make grants under this
section during the period beginning on October 1, 2007, and
ending on September 30, 2010.
(b) Definitions.--For purposes of this section--
(1) the term ``eligible entities'' means public and non-
profit organizations (including faith-based and community
organizations) approved by the Secretary under subsection (e)
of this section for the purpose of assisting individuals who
are eligible for vocational rehabilitation assistance and
services under chapter 31 of title 38, United States Code; and
(2) the term ``eligible transitioning individual'' means a
person described in section 3102 of title 38, United States
Code, or an individual who was separated or released from
active military, naval, or air service due to a service-
connected disability on or after October 1, 2006.
(c) Criteria for Grants.--The Secretary shall establish criteria
and requirements for grants under this section, including criteria for
entities eligible to receive grants, and shall publish such criteria
and requirements in the Federal Register. The criteria established
under this subsection shall include the following:
(1) Specification as to the kinds of projects or activities
for which grants are available.
(2) Specification as to the number of projects or
activities for which grants are available.
(3) Provisions to ensure that grants under this section
shall not result in duplication of ongoing services.
(d) Duration of Pilot Program.--The authority of the Secretary to
provide grants under a pilot program under this section will cease on
the date that is three years after the date of the commencement of that
pilot program.
(e) Funding Limitation.--A grant under this section may not be used
to support eligible entities' operational costs.
(f) Eligible Entities.--The Secretary may make a grant under this
section to an entity applying for such a grant only if the applicant
for the grant--
(1) is a public or nonprofit private entity with the
capacity (as determined by the Secretary) to effectively
administer a grant under this section;
(2) demonstrates that adequate financial support will be
available to carry out the project or activity for which the
grant is sought consistent with the plans, specifications, and
schedule submitted by the applicant; and
(3) agrees to meet the applicable criteria and requirements
established under subsections (c) and (g) and has, as
determined by the Secretary, the capacity to meet such criteria
and requirements.
(g) Application Requirement.--An entity seeking a grant for a
project or activity under this section shall submit to the Secretary an
application for the grant. The application shall set forth the
following:
(1) The amount of the grant sought for the project or
activity.
(2) Plans, specifications, and the schedule for
implementation of the project or activity in accordance with
criteria and requirements prescribed by the Secretary under
subsection (c).
(h) Program Requirements.--The Secretary may not make a grant for a
project or activity to an applicant under this section unless the
applicant in the application for the grant agrees to each of the
following requirements:
(1) To provide the services for which the grant is made at
locations accessible to eligible individuals.
(2) To ensure the confidentiality of records maintained on
eligible individuals receiving services through the project.
(3) To establish such procedures for fiscal control and
fund accounting as may be necessary to ensure proper
disbursement and accounting with respect to the grant and to
such payments as may be made under this section.
(i) Recovery of Unused Grant Funds.--
(1) If a grant recipient under this section--
(A) does not establish a program or activity in
accordance with this section; or
(B) ceases to furnish services under such a program
for which the grant was made,
the United States shall be entitled to recover from such
recipient the total of all unused grant amounts made under this
section to such recipient in connection with such program.
(2) Any amount recovered by the United States under
paragraph (1) may be obligated by the Secretary without fiscal
year limitation to carry out provisions of this section.
(3) An amount may not be recovered under paragraph (1)(A)
as an unused grant amount before the end of the three-year
period beginning on the date on which the grant is made.
(j) Authorization for the Appropriation of Funds.--There is
authorized to be appropriated from amounts made available under the
heading ``General Operating Expenses'', not more than $5,000,000 in
each of fiscal years 2008 through 2010 to carry out the purposes of
this section.
SEC. 6. ASSESSMENT OF PILOT PROGRAMS.
(a) Not less than one year before the expiration of the authority
to carry out the pilot programs authorized in sections 2 through 5 of
this bill, the Secretary of Veterans Affairs shall provide a progress
report to the Congress for each of the pilot programs that includes key
measures and lessons that the Secretary can apply to programs with
similar purposes, as well as recommendations on whether or not to
continue each program.
(b) Key measures that the Secretary shall report on include the
number of veterans and dependents served by the pilot programs, quality
of service to veterans and dependents, the amount of funds provided to
grant recipients, and the names of organizations that have received
grants. | Enhanced Opportunities for Formerly Homeless Veterans Residing in Permanent Housing Act of 2007 - Authorizes the Secretary of Veterans Affairs to conduct pilot programs of grants to: (1) coordinate the provision of supportive services available in the local community to very low income, formerly homeless veterans residing in permanent housing; (2) provide outreach to inform low-income and elderly veterans and their spouses who reside in rural areas of benefits for which they may be eligible; and (3) establish new, or expand or modify existing, programs or activities to furnish transportation, childcare, and clothing assistance to certain individuals with service-related disabilities who are entitled to a rehabilitation program. | {"src": "billsum_train", "title": "A bill to enhance the functioning and integration of formerly homeless veterans who reside in permanent housing, and for other purposes."} | 2,591 | 132 | 0.554399 | 1.43159 | 0.640695 | 6.015873 | 19.420635 | 0.968254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Competitive Power Act of
2007''.
SEC. 2. ESTABLISHMENT OF EQUAL ACCESS AND TREATMENT WITH RESPECT TO
FEDERAL POWER RESOURCES.
Section 212(i) of the Federal Power Act (16 U.S.C. 824k(i)) is
amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by striking the subsection designation and heading and
all that follows through the end of paragraph (1) and inserting
the following:
``(i) Establishment of Equal Access and Treatment With Respect to
Federal Power Resources.--
``(1) Definition of generator.--In this subsection, the
term `generator' means--
``(A) the Bonneville Power Administration;
``(B) the Southeastern Power Administration;
``(C) the Western Area Power Administration;
``(D) the Southwestern Power Administration; and
``(E) the Tennessee Valley Authority.
``(2) Authority and duties of commission.--
``(A) In general.--Pursuant to sections 210, 211,
and 213, the Commission--
``(i) may order the administrator or board
of directors, as applicable, of any generator
to provide transmission service, including by
establishing the terms and conditions of the
service; and
``(ii) shall ensure that--
``(I) the provisions of otherwise
applicable Federal laws shall continue
in full force and effect and shall
continue to be applicable to the
system;
``(II) the rates for the
transmission of electric power on the
system of each Federal power marketing
agency--
``(aa) are administered in
accordance with applicable
Federal law, other than
sections 210, 211, and 213; and
``(bb) are not unjust,
unreasonable, or unduly
discriminatory or preferential,
as determined by the
Commission.
``(B) Tennessee valley authority rates.--
``(i) In general.--Notwithstanding any
other provision of law, the Commission shall
have jurisdiction over the rates, terms, and
conditions of the provision of transmission
service in interstate commerce by the Tennessee
Valley Authority.
``(ii) Tariff.--Notwithstanding any other
provision of law, pursuant to sections 205 and
206, the Board of Directors of the Tennessee
Valley Authority shall have on file with the
Commission an open access transmission tariff
that contains just, reasonable, and not unduly
preferential or discriminatory rates, terms,
and conditions for the provision of
transmission service in interstate commerce by
the Tennessee Valley Authority.'';
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by striking ``(3) Notwithstanding'' and
inserting the following:
``(3) Procedure for determinations.--Notwithstanding'';
(B) in the matter preceding subparagraph (A), by
inserting ``of a Federal power marketing agency'' after
``service''; and
(C) in subparagraph (A)--
(i) by striking ``when the Administrator of
the Bonneville Power Administration either''
and inserting ``if the Administrator of any
Federal power marketing agency''; and
(ii) by striking ``on the Federal Columbia
River Transmission System'';
(4) in paragraph (4) (as redesignated by paragraph (1))--
(A) by striking ``(4) Notwithstanding'' and
inserting the following:
``(4) Judicial review.--Notwithstanding'';
(B) by striking ``the Administrator of the
Bonneville Power Administration'' and inserting ``the
Administrator of a Federal power marketing agency'';
and
(C) by striking ``United States Court of Appeals''
and all that follows through the end of the paragraph
and inserting ``United States court of appeals of
jurisdiction of the Federal power marketing agency.'';
(5) in paragraph (5) (as redesignated by paragraph (1)), by
striking ``(5) To the extent the Administrator of the
Bonneville Power Administration'' and inserting the following:
``(5) Exception.--To the extent that an Administrator of a
Federal power marketing agency'';
(6) in paragraph (6) (as redesignated by paragraph (1))--
(A) by striking ``(6) The Commission'' and
inserting the following:
``(6) Prohibition.--The Commission''; and
(B) by striking ``the Administrator of the
Bonneville Power Administration'' and inserting ``the
Administrator of a Federal power marketing agency''.
SEC. 3. EQUITABILITY WITHIN TERRITORY RESTRICTED ELECTRIC SYSTEMS.
Section 212(j) of the Federal Power Act (16 U.S.C. 824k(j)) is
amended--
(1) by striking ``With respect to'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
with respect to'';
(2) by striking ``electric utility:'' and all that follows
through ``electric utility.'' and inserting ``electric
utility.''; and
(3) by adding at the end the following:
``(2) Exception.--Paragraph (1) and subsection (f) shall
not apply to any area served at retail by a distributor that--
``(A) on October 24, 1992, served as a distributor
for an electric utility described in paragraph (1); and
``(B) before December 31, 2006, provided to the
Commission a notice of termination of the power supply
contract between the distributor and the electric
utility, regardless of whether the notice was later
withdrawn or rescinded.
``(3) Stranded costs.--An electric utility described in
paragraph (1) that provides transmission service pursuant to an
order of the Commission or a contract may not recover any
stranded cost associated with the provision of transmission
services to a distributor.
``(4) Rights of distributors.--
``(A) Notice not provided.--A distributor described
in paragraph (2) that did not provide a notice
described in paragraph (2)(B) by December 31, 2006,
may--
``(i) construct, own, and operate any
generation facility, individually or jointly
with another distributor; and
``(ii) receive from any electric utility
described in paragraph (1) partial requirements
services, unless the cumulative quantity of
energy provided by the electric utility exceeds
a ratable limit that is equal to a proxy for
load growth on the electric utility, based on--
``(I) the total quantity of energy
sold by each affected agency,
corporation, or unit of the electric
utility during calendar year 2006; and
``(II) a 3-percent compounded
annual growth rate.
``(B) Notice provided.--
``(i) In general.--A distributor described
in paragraph (2) that provided a notice
described in paragraph (2)(B) by December 31,
2006, may--
``(I) construct, own, and operate
any generation facility, individually
or jointly with another distributor;
``(II) receive from any electric
utility described in paragraph (1)
partial requirements services;
``(III) receive from any electric
utility described in paragraph (1)
transmission services that are
sufficient to meet all electric energy
requirements of the distributor,
regardless of whether an applicable
contract, or any portion of such a
contract, has been terminated under
this section; and
``(IV) not later than 180 days
after the date of enactment of this
paragraph, elect to rescind the notice
of termination of the distributor
without the imposition of a
reintegration fee or any similar fee.
``(ii) Treatment.--On an election by a
distributor under clause (i)(IV), the
distributor shall be entitled to all rights and
benefits of a distributor described in
subparagraph (A).
``(5) Right to retain access to services.--
``(A) Definitions.--In this paragraph:
``(i) Affected distributor.--The term
`affected distributor' means a distributor that
receives any electric service or power from at
least 2 generators.
``(ii) Generator.--The term `generator'
means an entity referred to in any of
subparagraphs (A) through (E) of subsection
(i)(1).
``(B) Retention of services.--An affected
distributor may elect to retain any electric service or
power provided by a generator, regardless of whether an
applicable contract, or any portion of such a contract,
has been terminated under this section.
``(C) Effect of notice of termination.--
``(i) In general.--The provision or
execution by an affected distributor of a
notice of termination described in paragraph
(2)(B) with 1 generator shall not affect the
quantity of electric service or power provided
to the affected distributor by another
generator.
``(ii) Price.--The price of electric
services or power provided to an affected
distributor described in clause (i) shall be
equal to the price charged by the applicable
generator for the provision of similar services
or power to a distributor that did not provide
a notice described in paragraph (2)(B).
``(D) Transmission service.--On an election by an
affected distributor under subparagraph (B) to retain
an electric service or power, the affected distributor
shall be entitled to receive from a generator
transmission service to 1 or more delivery points of
the affected distributor, as determined by the affected
distributor, regardless of whether an applicable
contract, or any portion of such a contract, has been
terminated under this section.''.
SEC. 4. STUDY OF PRIVATIZATION OF TENNESSEE VALLEY AUTHORITY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the costs, benefits, and other effects of
privatizing the Tennessee Valley Authority.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that describes the results of the study conducted
under this section.
SEC. 5. STUDY OF DEBT LEVEL OF TENNESSEE VALLEY AUTHORITY.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the financial structure of, and the amount of debt
held by, the Tennessee Valley Authority, which (as of February 1, 2007)
is approximately $25,000,000,000.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that describes the results of the study conducted
under this section. | Access to Competitive Power Act of 2007 - Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to order transmission service by the administrator or board of directors of the Bonneville, Southeastern, Western Area, and Southwestern Power Administrations, and the Tennessee Valley Authority (TVA).
Grants FERC jurisdiction over the rates, terms, and conditions of TVA's provision of transmission service in interstate commerce.
Requires the TVA Board of Directors to file with FERC an open access transmission tariff containing just, reasonable, and not unduly preferential or discriminatory rates, terms, and conditions.
Prohibits certain territory-restricted electric utilities from recovering stranded costs associated with the provision of transmission services to a distributor.
Authorizes distributors which, by December 31, 2006, gave notice of termination of a power supply contract with a territory-restricted electric utility (such as TVA) to negotiate partial requirements services with such utility, as well as receive sufficient transmission services. Allows such distributors also to elect to rescind a termination notice without imposition of a reintegration or similar fee.
Authorizes distributors that did not give a termination notice by such date to receive partial requirements services from any such utility, subject to specified requirements.
Allows a distributor receiving any electric service or power from at least two generators to elect to retain it regardless of whether an applicable contract, or portion of it, has been terminated.
Directs the Comptroller General to study and report to Congress on: (1) the costs, benefits, and other effects of privatizing the TVA; and (2) the TVA's financial structure, as well as the amount of debt it holds. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to clarify the jurisdiction of the Federal Energy Regulatory Commission, and for other purposes."} | 2,391 | 375 | 0.537076 | 1.82193 | 0.806788 | 2.802508 | 6.987461 | 0.858934 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot's Bill of Rights''.
SEC. 2. FAA ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE.
(a) In General.--Notwithstanding any other provision of law, any
proceeding conducted under subpart C or D and F of part 821 of title
49, Code of Federal Regulations, relating to denial, amendment,
modification, suspension, or revocation of an airman certificate, shall
be conducted in accordance with the Federal Rules of Civil Procedure
and Federal Rules of Evidence, to the extent practicable.
(b) Access to Information.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall advise (in a timely manner and in writing)
an individual who is the subject of an investigation relating
to approval, denial, suspension, modification, or revocation of
an airman certificate under chapter 447 of title 49, United
States Code, of the following:
(A) The nature of the investigation.
(B) An oral or written response to a Letter of
Investigation from the Administrator is not required.
(C) No action or adverse inference can be taken
against the individual for declining to respond to a
Letter of Investigation from the Administrator.
(D) Any response to a Letter of Investigation from
the Administrator or to an inquiry made by a
representative of the Administrator by the individual
may be used as evidence against the individual.
(E) The releasable portions of the Administrator's
investigative report will be available to the
individual.
(2) Access to air traffic data.--The Administrator of the
Federal Aviation Administration shall provide (in a timely
manner) an individual who is the subject of an investigation
relating to approval, denial, suspension, modification, or
revocation of an airman certificate under chapter 447 of title
49, United States Code, any air traffic data that would
facilitate the individual's ability to productively participate
in the investigation, including the following:
(A) Relevant air traffic communication tapes.
(B) Radar information.
(C) Air traffic controller statements.
(D) Flight data.
(E) Investigative reports.
(F) Any other air traffic or flight data that would
facilitate the individual's ability to productively
participate in the investigation.
(3) Timing.--The Administrator shall not proceed against an
individual that is the subject of an investigation described in
paragraph (1) for at least 30 days after the air traffic data
required under paragraph (2) is made available to the
individual.
(c) Amendments to Title 49.--
(1) Airman certificates.--Section 44703(d)(2) of title 49,
United States Code, is amended by striking the second sentence
and inserting the following: ``The Board is not bound by the
findings of fact of the Administrator of the Federal Aviation
Administration or the interpretation of laws or regulations the
Administrator carries out, but may consider the interpretation
and guidance of the Administrator in its review in accordance
with the general administrative law principles of deference.''.
(2) Amendments, modifications, suspensions, and revocations
of certificates.--Section 44709(d)(3) of title 49, United
States Code, is amended by striking ``is not bound'' and all
that follows through the end period and inserting the
following: ``is not bound by the findings of fact of the
Administrator or the interpretation of laws or regulations the
Administrator carries out, but may consider the interpretation
and guidance of the Administrator in its review in accordance
with the general administrative law principles of deference.''.
(3) Revocation of airman certificates for controlled
substance violations.--The third sentence of section
44710(d)(1) of title 49, United States Code, is amended in the
third sentence, by striking ``is not bound'' and all that
follows through the end period, and inserting the following:
``is not bound by findings of fact of the Administrator or the
interpretation of laws or regulations the Administrator carries
out, but may consider the interpretation and guidance of the
Administrator in its review in accordance with the general
administrative law principles of deference.''.
(d) Appeal From Certificate Actions.--Upon an order or final
decision by the Administrator of the Federal Aviation Administration
denying an airman certificate under section 44703(d) of title 49,
United States Code, or imposing a punitive civil action or an emergency
order of revocation under section 44709 (d) and (e) of title 49, United
States Code, the individual adversely affected by the Administrator's
action may, at the individual's election, file an appeal in the United
States district court in which the individual resides, in which the
action in question occurred, or in the district court for the District
of Columbia. If the individual adversely affected by the
Administrator's action elects not to file an appeal in a Federal
district court, the individual may file an appeal with the National
Transportation Safety Board.
(e) Standard of Review.--In an appeal filed under subsection (d),
the district court or the National Transportation Safety Board, as the
case may be, shall give full independent review of a denial,
suspension, or revocation ordered by the Administrator, including
substantive independent and expedited review of any decision by the
Administrator to make the order effective immediately.
SEC. 3. NOTAMS PROVIDED TO AIRMEN.
(a) In General.--
(1) Definition.--In this section, the term ``NOTAM'' means
notices to airmen.
(2) Improvements.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin a Notice to Airmen
Improvement Program (in this section referred to as the ``NOTAM
Improvement Program'') to--
(A) improve the system of providing airmen with
pertinent and timely information regarding the national
airspace system;
(B) to archive, in a public central location, all
notices to airmen, including the original content and
form of the notices, the original date of publication,
and any amendments to such notices with the date of
each amendment; and
(C) apply filters so that pilots can prioritize
critical flight safety information from other airspace
system information.
(b) Goals of Program.--The goals of the NOTAM Improvement Program
are to--
(1) decrease the overwhelming volume of NOTAMS an airman
receives when retrieving airman information prior to a flight
in the national airspace system;
(2) make the NOTAMS more specific and relevant to the
airman's route and in a format that is more useable to the
airman;
(3) provide both a full set of NOTAM results in addition to
specific information requested by airmen;
(4) provide a document that is easily searchable; and
(5) provide a filtering mechanism similar to that provided
by the Department of Defense Notices to Airmen.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a NOTAM Improvement Panel, consisting of relevant nonprofit
and not-for-profit general aviation pilot groups, to advise the
Administrator in carrying out the goals of the Program under this
section.
(d) Phase-In and Completion.--The improvements required by this
section shall be phased in as quickly as practicable and shall be
completed not later than the date that is 1 year after the date of the
enactment of this Act.
SEC. 4. FLIGHT SERVICE STATION BRIEFINGS.
The Flight Service Station briefings and other air traffic services
performed by Lockheed Martin or any other government contractor shall
be available to airmen under the section 522 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
SEC. 5. MEDICAL CERTIFICATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall begin a review of the Administration's medical
certification standards and forms in order to--
(1) revise the medical application form to provide greater
clarity and guidance to applicants; and
(2) align medical qualification policies with present-day
qualified medical judgment and practices as they may apply to
an individual's medically relevant circumstances; and
(3) publish objective medical standards so that the public
is fairly advised of the criteria that determines an airman's
medical certificate eligibility.
(b) Goals of Program.--The goals of the review are to--
(1) provide questions in the medical application form
that--
(A) are appropriate without being overly broad;
(B) are subject to a minimum amount of
misinterpretation and mistaken responses;
(C) allow for consistent treatment and responses
during the medical application process; and
(D) avoid unnecessary allegations that an
individual has intentionally falsified answers on the
form;
(2) provide questions that elicit information that is
relevant to making a determination of an individual's medical
qualifications within the standards identified in the
Administrator's regulations;
(3) give medical standards greater meaning by ensuring the
information requested aligns with present-day medical judgment
and practices; and
(4) provide that the application of those standards ensures
an appropriate and fair evaluation of an individual's
qualifications, and that the individual understands the basis
for determining medical qualifications.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a panel, consisting of relevant nonprofit and not-for-profit
general aviation pilot groups, aviation medical examiners, and other
qualified medical experts, to advise the Administrator in carrying out
the goals of the review required by this section.
(d) Phase-In and Completion.--The actions to revise the medical
application form, to align the medical qualification policies, and to
publish objective medical standards shall be phased in as quickly as
practicable and shall be completed not later than the date that is 1
year after the date of the enactment of this Act. | Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence.
Requires the Administrator to: (1) advise the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data.
Allows an individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows an adversely affected individual who elects not to file an appeal in a federal district court to file such appeal with the NTSB.
Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system.
Makes Flight Service Station briefings and other air traffic services performed by Lockheed Martin or any other government contractor available to airmen under the Freedom of Information Act (FOIA).
Requires the Administrator to review the FAA system for the medical certification of airmen in order to: (1) revise the medical application form, (2) align medical qualification policies with present-day qualified medical judgment and practices, and (3) publish objective medical standards to advise the public of the criteria determining an airman's medical certificate eligibility. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes."} | 2,149 | 392 | 0.617557 | 2.066045 | 0.801769 | 4.28739 | 5.914956 | 0.932551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Treat and Reduce Obesity Act of
2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Centers for Disease Control, about 34
percent of adults aged 65 and over were obese in the period of
2009 through 2012, representing almost 15 million people.
(2) Obesity increases the risk for chronic diseases and
conditions, including high blood pressure, heart disease,
certain cancers, arthritis, mental illness, lipid disorders,
sleep apnea, and type 2 diabetes.
(3) More than half of Medicare beneficiaries are treated
for 5 or more chronic conditions per year. The rate of obesity
among Medicare patients doubled from 1987 to 2002, and Medicare
spending on obese individuals during that time more than
doubled.
(4) Men and women with obesity at age 65 have decreased
life expectancy of 1.6 years for men and 1.4 years for women.
(5) The direct and indirect cost of obesity is more than
$450 billion annually.
(6) On average, a Medicare beneficiary with obesity costs
$1,964 more than a normal-weight beneficiary.
(7) The prevalence of obesity among older individuals in
the United States is growing at a linear rate and, if nothing
changes, nearly half of the elderly population of the United
States will have obesity in 2030 according to a Congressional
Research Report on obesity.
SEC. 3. AUTHORITY TO EXPAND HEALTH CARE PROVIDERS QUALIFIED TO FURNISH
INTENSIVE BEHAVIORAL THERAPY.
Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd))
is amended by adding at the end the following new paragraph:
``(4)(A) Subject to subparagraph (B), the Secretary may, in
addition to qualified primary care physicians and other primary
care practitioners, cover intensive behavioral therapy for
obesity furnished by any of the following:
``(i) A physician (as defined in subsection
(r)(1)) who is not a qualified primary care
physician.
``(ii) Any other appropriate health care
provider (including a physician assistant,
nurse practitioner, or clinical nurse
specialist (as those terms are defined in
subsection (aa)(5)), a clinical psychologist, a
registered dietitian or nutrition professional
(as defined in subsection (vv))).
``(iii) An evidence-based, community-based
lifestyle counseling program approved by the
Secretary.
``(B) In the case of intensive behavioral therapy
for obesity furnished by a provider described in clause
(ii) or (iii) of subparagraph (A), the Secretary may
only cover such therapy if such therapy is furnished--
``(i) upon referral from, and in
coordination with, a physician or primary care
practitioner operating in a primary care
setting or any other setting specified by the
Secretary; and
``(ii) in an office setting, a hospital
out-patient department, a community-based site
that complies with the Federal regulations
concerning the privacy of individually
identifiable health information promulgated
under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note), or another setting
specified by the Secretary.
``(C) In order to ensure a collaborative effort,
the coordination described in subparagraph (B)(i) shall
include the health care provider or lifestyle
counseling program communicating to the referring
physician or primary care practitioner any
recommendations or treatment plans made regarding the
therapy.''.
SEC. 4. MEDICARE PART D COVERAGE OF OBESITY MEDICATION.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by inserting after
``restricted under section 1927(d)(2),'' the following: ``other than
subparagraph (A) of such section if the drug is used for the treatment
of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss
management for an individual who is overweight (as defined in section
1861(yy)(2)(F)(i)) and has one or more related comorbidities,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning on or after the date that is 2 years
after the date of the enactment of this Act.
SEC. 5. REPORT TO CONGRESS.
Not later than the date that is 1 year after the date of the
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit a report to Congress describing the steps the Secretary
has taken to implement the Act and provide Congress with
recommendations for better coordination and leveraging of programs
within the Department of Health and Human Services and other Federal
agencies that relate in any way to supporting appropriate research and
clinical care (such as any interactions between physicians and other
health care providers and their patients) to treat, reduce, and prevent
obesity in the adult population. | Treat and Reduce Obesity Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to authorize the Department of Health and Human Services (HHS), in addition to qualified primary care physicians and other primary care practitioners, to cover intensive behavioral therapy for obesity furnished by: (1) a physician who is not a qualified primary care physician; (2) an evidence-based, community-based HHS-approved lifestyle counseling program; or (3) any other appropriate health care provider (including a physician assistant, nurse practitioner, clinical nurse specialist, a clinical psychologist, and a registered dietitian or nutrition professional). Allows coverage of intensive behavioral therapy for obesity furnished by another appropriate health care provider or program only if it is furnished: (1) upon referral from, and in coordination with, a physician or primary care practitioner in a primary care or other HHS-specified setting; and (2) in an office setting, a hospital outpatient department, a community-based site that complies with the federal regulations concerning the privacy of individually identifiable health information, or another HHS-specified setting. Authorizes HHS to cover under Medicare part D (Voluntary Prescription Drug Benefit Program) medication for treatment of obesity or for weight loss management for an overweight individual with one or more related comorbidities. | {"src": "billsum_train", "title": "Treat and Reduce Obesity Act of 2015"} | 1,146 | 281 | 0.592293 | 1.76489 | 0.883387 | 4.023904 | 4.051793 | 0.940239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Protection Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Television is seen and heard in nearly every United
States home and is a uniquely pervasive presence in the daily
lives of Americans. The average American home has 2.5
televisions, and a television is turned on in the average
American home 7 hours every day.
(2) Television plays a particularly significant role in the
lives of children. Figures provided by Nielsen Research show
that children between the ages of 2 years and 11 years spend an
average of 21 hours in front of a television each week.
(3) Television has an enormous capability to influence
perceptions, especially those of children, of the values and
behaviors that are common and acceptable in society.
(4) The influence of television is so great that its images
and messages often can be harmful to the development of
children. Social science research amply documents a strong
correlation between the exposure of children to televised
violence and a number of behavioral and psychological problems.
(5) Hundreds of studies have proven conclusively that
children who are consistently exposed to violence on television
have a higher tendency to exhibit violent and aggressive
behavior, both as children and later in life.
(6) Such studies also show that repeated exposure to
violent programming causes children to become desensitized to
and more accepting of real-life violence and to grow more
fearful and less trusting of their surroundings.
(7) A growing body of social science research indicates
that sexual content on television can also have a significant
influence on the attitudes and behaviors of young viewers. This
research suggests that heavy exposure to programming with
strong sexual content contributes to the early commencement of
sexual activity among teenagers.
(8) Members of the National Association of Broadcasters
(NAB) adhered for many years to a comprehensive code of conduct
that was based on an understanding of the influence exerted by
television and on a widely held sense of responsibility for
using that influence carefully.
(9) This code of conduct, the Television Code of the
National Association of Broadcasters, articulated this sense of
responsibility as follows:
(A) ``In selecting program subjects and themes,
great care must be exercised to be sure that the
treatment and presentation are made in good faith and
not for the purpose of sensationalism or to shock or
exploit the audience or appeal to prurient interests or
morbid curiosity.''.
(B) ``Broadcasters have a special responsibility
toward children. Programs designed primarily for
children should take into account the range of
interests and needs of children, from instructional and
cultural material to a wide variety of entertainment
material. In their totality, programs should contribute
to the sound, balanced development of children to help
them achieve a sense of the world at large and informed
adjustments to their society.''.
(C) ``Violence, physical, or psychological, may
only be projected in responsibly handled contexts, not
used exploitatively. Programs involving violence
present the consequences of it to its victims and
perpetrators. Presentation of the details of violence
should avoid the excessive, the gratuitous and the
instructional.''.
(D) ``The presentation of marriage, family, and
similarly important human relationships, and material
with sexual connotations, shall not be treated
exploitatively or irresponsibly, but with sensitivity.''.
(E) ``Above and beyond the requirements of the law,
broadcasters must consider the family atmosphere in
which many of their programs are viewed. There shall be
no graphic portrayal of sexual acts by sight or sound.
The portrayal of implied sexual acts must be essential
to the plot and presented in a responsible and tasteful
manner.''.
(10) The National Association of Broadcasters abandoned the
code of conduct in 1983 after three provisions of the code
restricting the sale of advertising were challenged by the
Department of Justice on antitrust grounds and a Federal
district court issued a summary judgment against the National
Association of Broadcasters regarding one of the provisions on
those grounds. However, none of the programming standards of
the code were challenged.
(11) While the code of conduct was in effect, its
programming standards were never found to have violated any
antitrust law.
(12) Since the National Association of Broadcasters
abandoned the code of conduct, programming standards on
broadcast and cable television have deteriorated dramatically.
(13) In the absence of effective programming standards,
public concern about the impact of television on children, and
on society as a whole, has risen substantially. Polls routinely
show that more than 80 percent of Americans are worried by the
increasingly graphic nature of sex, violence, and vulgarity on
television and by the amount of programming that openly
sanctions or glorifies criminal, antisocial, and degrading
behavior.
(14) At the urging of Congress, the television industry has
taken some steps to respond to public concerns about
programming standards and content. The broadcast television
industry agreed in 1992 to adopt a set of voluntary guidelines
designed to ``proscribe gratuitous or excessive portrayals of
violence''. Shortly thereafter, both the broadcast and cable
television industries agreed to conduct independent studies of
the violent content in their programming and make those reports
public.
(15) In 1996, the television industry as a whole made a
commitment to develop a comprehensive rating system to label
programming that may be harmful or inappropriate for children.
That system was implemented at the beginning of 1999.
(16) Despite these efforts to respond to public concern
about the impact of television on children, millions of
Americans, especially parents with young children, remain angry
and frustrated at the sinking standards of television
programming, the reluctance of the industry to police itself,
and the harmful influence of television on the well-being of
the children and the values of the United States.
(17) The Department of Justice issued a ruling in 1993
indicating that additional efforts by the television industry
to develop and implement voluntary programming guidelines would
not violate the antitrust laws. The ruling states that ``such
activities may be likened to traditional standard setting
efforts that do not necessarily restrain competition and may
have significant procompetitive benefits...Such guidelines
could serve to disseminate valuable information on program
content to both advertisers and television viewers. Accurate
information can enhance the demand for, and increase the output
of, an industry's products or services.''.
(18) The Children's Television Act of 1990 (Public Law 101-
437) states that television broadcasters in the United States
have a clear obligation to meet the educational and
informational needs of children.
(19) Several independent analyses have demonstrated that
the television broadcasters in the United States have not
fulfilled their obligations under the Children's Television Act
of 1990 and have not noticeably expanded the amount of
educational and informational programming directed at young
viewers since the enactment of that Act.
(20) The popularity of video and personal computer (PC)
games is growing steadily among children. Although most popular
video and personal computer games are educational or harmless
in nature, many of the most popular are extremely violent. One
recent study by Strategic Record Research found that 64 percent
of teenagers played video or personal computer games on a
regular basis. Other surveys of children as young as elementary
school age found that almost half of them list violent computer
games among their favorites.
(21) Violent video games often present violence in a
glamorized light. Game players are often cast in the role of
shooter, with points scored for each ``kill''. Similarly,
advertising for such games often touts violent content as a
selling point--the more graphic and extreme, the better.
(22) As the popularity and graphic nature of such video
games grows, so do their potential to negatively influence
impressionable children.
(23) Music is another extremely pervasive and popular form
of entertainment. American children and teenagers listen to
music more than any other demographic group. The Journal of
American Medicine reported that between the 7th and 12th grades
the average teenager listens to 10,500 hours of rock or rap
music, just slightly less than the entire number of hours spent
in the classroom from kindergarten through high school.
(24) Teens are among the heaviest purchasers of music, and
are most likely to favor music genres that depict, and often
appear to glamorize violence.
(25) Music has a powerful ability to influence perceptions,
attitudes, and emotional state. The use of music as therapy
indicates its potential to increase emotional, psychological.
and physical health. That influence can be used for ill as
well.
SEC. 3. PURPOSES; CONSTRUCTION.
(a) Purposes.--The purposes of this Act are to permit the
entertainment industry--
(1) to work collaboratively to respond to growing public
concern about television programming, movies, video games,
Internet content, and music lyrics, and the harmful influence
of such programming, movies, games, content, and lyrics on
children;
(2) to develop a set of voluntary programming guidelines
similar to those contained in the Television Code of the
National Association of Broadcasters; and
(3) to implement the guidelines in a manner that alleviates
the negative impact of television programming, movies, video
games, Internet content, and music lyrics on the development of
children in the United States and stimulates the development
and broadcast of educational and informational programming for
such children.
(b) Construction.--This Act may not be construed as--
(1) providing the Federal Government with any authority to
restrict television programming, movies, video games, Internet
content, or music lyrics that is in addition to the authority
to restrict such programming, movies, games, content, or lyrics
under law as of the date of the enactment of this Act; or
(2) approving any action of the Federal Government to
restrict such programming, movies, games, content, or lyrics
that is in addition to any actions undertaken for that purpose
by the Federal Government under law as of such date.
SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN
ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST
LAWS.
(a) Exemption.--Subject to subsection (b), the antitrust laws shall
not apply to any joint discussion, consideration, review, action, or
agreement by or among persons in the entertainment industry for the
purpose of developing and disseminating voluntary guidelines designed--
(1) to alleviate the negative impact of telecast material,
movies, video games, Internet content, and music lyrics
containing violence, sexual content, criminal behavior, or
other subjects that are not appropriate for children; or
(2) to promote telecast material that is educational,
informational, or otherwise beneficial to the development of
children.
(b) Limitation.--The exemption provided in subsection (a) shall not
apply to any joint discussion, consideration, review, action, or
agreement which--
(1) results in a boycott of any person; or
(2) concerns the purchase or sale of advertising, including
(without limitation) restrictions on the number of products
that may be advertised in a commercial, the number of times a
program may be interrupted for commercials, and the number of
consecutive commercials permitted within each interruption.
(c) Definitions.--In this section:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the first section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(2) Internet.--The term ``Internet'' means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
(3) Movies.--The term ``movies'' means theatrical motion
pictures.
(4) Person in the entertainment industry.--The term
``person in the entertainment industry'' means a television
network, any entity which produces or distributes television
programming (including theatrical motion pictures), the
National Cable Television Association, the Association of
Independent Television Stations, Incorporated, the National
Association of Broadcasters, the Motion Picture Association of
America, each of the affiliate organizations of the television
networks, the Interactive Digital Software Association, any
entity which produces or distributes video games, the Recording
Industry Association of America, and any entity which produces
or distributes music, and includes any individual acting on
behalf of such person.
(5) Telecast.--The term ``telecast'' means any program
broadcast by a television broadcast station or transmitted by a
cable television system.
SEC. 5. COMPLIANCE WITH RULEMAKING PROCEDURES REQUIRED.
(a) Limitation.--After the date of enactment of this Act, the
Federal Communications Commission shall not establish, expand, or
otherwise modify requirements relating to the service obligations of
noncommercial educational television stations except by means of agency
rulemaking conducted in accordance with chapter 5 of title 5, United
States Code, or other applicable law.
(b) Termination of Effect of Additional Guidance.--The additional
guidance contained in paragraphs 43 and 44 of the Commission's
memorandum opinion and order WQED Pittsburgh (FCC 99-393), adopted
December 15, 1999, and released December 29, 1999, shall not be
effective after the date of enactment of this Act except to the extent
such guidance is prescribed in accordance with subsection (a). | Prohibits the Federal Communications Commission (FCC) from establishing, expanding, or otherwise modifying requirements relating to the service obligations of noncommercial educational television stations except by agency rulemaking conducted under applicable Federal law. Terminates on the date of enactment of this Act the effect of additional programming guidance contained in the FCC memorandum opinion and order WQED Pittsburgh except to the extent such guidance is prescribed under FCC rulemaking procedures. | {"src": "billsum_train", "title": "Children's Protection Act of 2000"} | 2,881 | 97 | 0.244402 | 0.721405 | 0.306902 | 3.44 | 37.2 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Protection Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares that--
(1) the willingness of volunteers to offer their services is
deterred by the potential for liability actions against them;
(2) as a result, many nonprofit public and private
organizations and governmental entities, including voluntary
associations, social service agencies, educational institutions,
and other civic programs, have been adversely affected by the
withdrawal of volunteers from boards of directors and service in
other capacities;
(3) the contribution of these programs to their communities is
thereby diminished, resulting in fewer and higher cost programs
than would be obtainable if volunteers were participating;
(4) because Federal funds are expended on useful and cost-
effective social service programs, many of which are national in
scope, depend heavily on volunteer participation, and represent
some of the most successful public-private partnerships, protection
of volunteerism through clarification and limitation of the
personal liability risks assumed by the volunteer in connection
with such participation is an appropriate subject for Federal
legislation;
(5) services and goods provided by volunteers and nonprofit
organizations would often otherwise be provided by private entities
that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation
costs, volunteers and nonprofit organizations face higher costs in
purchasing insurance, through interstate insurance markets, to
cover their activities; and
(7) clarifying and limiting the liability risk assumed by
volunteers is an appropriate subject for Federal legislation
because--
(A) of the national scope of the problems created by the
legitimate fears of volunteers about frivolous, arbitrary, or
capricious lawsuits;
(B) the citizens of the United States depend on, and the
Federal Government expends funds on, and provides tax
exemptions and other consideration to, numerous social programs
that depend on the services of volunteers;
(C) it is in the interest of the Federal Government to
encourage the continued operation of volunteer service
organizations and contributions of volunteers because the
Federal Government lacks the capacity to carry out all of the
services provided by such organizations and volunteers; and
(D)(i) liability reform for volunteers, will promote the
free flow of goods and services, lessen burdens on interstate
commerce and uphold constitutionally protected due process
rights; and
(ii) therefore, liability reform is an appropriate use of
the powers contained in article 1, section 8, clause 3 of the
United States Constitution, and the fourteenth amendment to the
United States Constitution.
(b) Purpose.--The purpose of this Act is to promote the interests
of social service program beneficiaries and taxpayers and to sustain
the availability of programs, nonprofit organizations, and governmental
entities that depend on volunteer contributions by reforming the laws
to provide certain protections from liability abuses related to
volunteers serving nonprofit organizations and governmental entities.
SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--This Act preempts the laws of any State to the
extent that such laws are inconsistent with this Act, except that this
Act shall not preempt any State law that provides additional protection
from liability relating to volunteers or to any category of volunteers
in the performance of services for a nonprofit organization or
governmental entity.
(b) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a volunteer in
which all parties are citizens of the State if such State enacts a
statute in accordance with State requirements for enacting
legislation--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act shall
not apply, as of a date certain, to such civil action in the State;
and
(3) containing no other provisions.
SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.
(a) Liability Protection for Volunteers.--Except as provided in
subsections (b) and (d), no volunteer of a nonprofit organization or
governmental entity shall be liable for harm caused by an act or
omission of the volunteer on behalf of the organization or entity if--
(1) the volunteer was acting within the scope of the
volunteer's responsibilities in the nonprofit organization or
governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly
licensed, certified, or authorized by the appropriate authorities
for the activities or practice in the State in which the harm
occurred, where the activities were or practice was undertaken
within the scope of the volunteer's responsibilities in the
nonprofit organization or governmental entity;
(3) the harm was not caused by willful or criminal misconduct,
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed by
the volunteer; and
(4) the harm was not caused by the volunteer operating a motor
vehicle, vessel, aircraft, or other vehicle for which the State
requires the operator or the owner of the vehicle, craft, or vessel
to--
(A) possess an operator's license; or
(B) maintain insurance.
(b) Concerning Responsibility of Volunteers to Organizations and
Entities.--Nothing in this section shall be construed to affect any
civil action brought by any nonprofit organization or any governmental
entity against any volunteer of such organization or entity.
(c) No Effect on Liability of Organization or Entity.--Nothing in
this section shall be construed to affect the liability of any
nonprofit organization or governmental entity with respect to harm
caused to any person.
(d) Exceptions to Volunteer Liability Protection.--If the laws of a
State limit volunteer liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit organization or
governmental entity to adhere to risk management procedures,
including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable
for the acts or omissions of its volunteers to the same extent as
an employer is liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability applicable
only if the nonprofit organization or governmental entity provides
a financially secure source of recovery for individuals who suffer
harm as a result of actions taken by a volunteer on behalf of the
organization or entity. A financially secure source of recovery may
be an insurance policy within specified limits, comparable coverage
from a risk pooling mechanism, equivalent assets, or alternative
arrangements that satisfy the State that the organization or entity
will be able to pay for losses up to a specified amount. Separate
standards for different types of liability exposure may be
specified.
(e) Limitation on Punitive Damages Based on the Actions of
Volunteers.--
(1) General rule.--Punitive damages may not be awarded against
a volunteer in an action brought for harm based on the action of a
volunteer acting within the scope of the volunteer's
responsibilities to a nonprofit organization or governmental entity
unless the claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action of such volunteer
which constitutes willful or criminal misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed.
(2) Construction.--Paragraph (1) does not create a cause of
action for punitive damages and does not preempt or supersede any
Federal or State law to the extent that such law would further
limit the award of punitive damages.
(f) Exceptions to Limitations on Liability.--
(1) In general.--The limitations on the liability of a
volunteer under this Act shall not apply to any misconduct that--
(A) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(B) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court;
(D) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law; or
(E) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating
alcohol or any drug at the time of the misconduct.
(2) Rule of construction.--Nothing in this subsection shall be
construed to effect subsection (a)(3) or (e).
SEC. 5. LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In any civil action against a volunteer, based
on an action of a volunteer acting within the scope of the volunteer's
responsibilities to a nonprofit organization or governmental entity,
the liability of the volunteer for noneconomic loss shall be determined
in accordance with subsection (b).
(b) Amount of Liability.--
(1) In general.--Each defendant who is a volunteer, shall be
liable only for the amount of noneconomic loss allocated to that
defendant in direct proportion to the percentage of responsibility
of that defendant (determined in accordance with paragraph (2)) for
the harm to the claimant with respect to which that defendant is
liable. The court shall render a separate judgment against each
defendant in an amount determined pursuant to the preceding
sentence.
(2) Percentage of responsibility.--For purposes of determining
the amount of noneconomic loss allocated to a defendant who is a
volunteer under this section, the trier of fact shall determine the
percentage of responsibility of that defendant for the claimant's
harm.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of earnings
or other benefits related to employment, medical expense loss,
replacement services loss, loss due to death, burial costs, and
loss of business or employment opportunities) to the extent
recovery for such loss is allowed under applicable State law.
(2) Harm.--The term ``harm'' includes physical, nonphysical,
economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses'' means
losses for physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of
enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic damages,
injury to reputation and all other nonpecuniary losses of any kind
or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code and which does not
practice any action which constitutes a hate crime referred to
in subsection (b)(1) of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note); or
(B) any not-for-profit organization which is organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or health
purposes and which does not practice any action which
constitutes a hate crime referred to in subsection (b)(1) of
the first section of the Hate Crime Statistics Act (28 U.S.C.
534 note).
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, any other territory or possession of the United States, or
any political subdivision of any such State, territory, or
possession.
(6) Volunteer.--The term ``volunteer'' means an individual
performing services for a nonprofit organization or a governmental
entity who does not receive--
(A) compensation (other than reasonable reimbursement or
allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation,
in excess of $500 per year, and such term includes a volunteer
serving as a director, officer, trustee, or direct service
volunteer.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act shall take effect 90 days after the date
of enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a volunteer where that claim is filed on or after
the effective date of this Act but only if the harm that is the subject
of the claim or the conduct that caused such harm occurred after such
effective date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute declaring its election that this Act not apply.
Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed; and (4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator's license or maintain insurance.
Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act.
Prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed.
Provides that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug.
Makes each volunteer liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which that defendant is liable. Requires the trier of fact to determine such percentage of responsibility. | {"src": "billsum_train", "title": "Volunteer Protection Act of 1997"} | 2,869 | 491 | 0.456046 | 1.537364 | 0.760747 | 6.358974 | 6.207459 | 0.974359 |
SECTION 1. TERMINATION OF MILK MARKETING ORDERS.
(a) Termination.--Section 8c of the Agricultural Adjustment Act (7
U.S.C. 608c), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by striking paragraphs (5) and (18)
relating to milk and its products.
(b) Prohibition on Subsequent Orders Regarding Milk.--Paragraph (2)
of such section is amended--
(1) by striking ``Milk, fruits'' and inserting ``Fruits'';
and
(2) by inserting ``milk,'' after ``honey,'' in subparagraph
(B).
(c) Conforming Amendments.--(1) Section 2(3) of such Act (7 U.S.C.
602(3) is amended by striking ``, other than milk and its products,''.
(2) Section 8c of such Act (7 U.S.C. 608c) is amended--
(A) in paragraph (6), by striking ``, other than milk and
its products,'';
(B) in paragraph (7)(B), by striking ``(except for milk and
cream to be sold for consumption in fluid form)'';
(C) in paragraph (11)(B), by striking ``Except in the case
of milk and its products, orders'' and inserting ``Orders'';
(D) in paragraph (13)(A), by striking ``, except to a
retailer in his capacity as a retailer of milk and its
products''; and
(E) in paragraph (17), by striking the second proviso,
which relates to milk orders.
(3) Section 8d(2) of such Act (7 U.S.C. 608d(2)) is amended by
striking the second sentence, which relates to information from milk
handlers.
(4) Section 10(b)(2) of such Act (7 U.S.C. 610(b)) is amended--
(A) by striking clause (i);
(B) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively; and
(C) in clause (i) (as so redesignated), by striking ``other
commodity'' in the first sentence and inserting ``commodity''.
(5) Section 11 of such Act (7 U.S.C. 611) is amended by striking
``and milk, and its products,''.
(6) Section 715 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 1994
(Public Law 103-111; 107 Stat. 1079; 7 U.S.C. 608d note), is amended by
striking the third proviso, which relates to information from milk
handlers.
(d) Effective Date.--The amendments made by this section shall take
effect on ________________.
SEC. 2. PROGRAM TO VERIFY RECEIPTS OF MILK.
(a) Program Required.--The Secretary of Agriculture shall establish
a program through which the verification of receipts of all cow's milk
marketed in the 48 contiguous States and the auditing of marketing
agreements with respect to receipts of such milk may be accomplished.
(b) Market Services.--The program shall provide a means by which
(1) market statistics and information are collected and provided to
producers, handlers, and consumers, (2) the weighing, sampling, and
testing of milk purchased from producers is accomplished and verified,
(3) authorized deductions from payments to producers, including
assessments for research and promotion programs, are collected, (4)
assurance of proper payment by handlers for milk purchased is achieved,
and (5) the reports, records, and facilities of handlers are reviewed
and inspected to assure their accuracy. However, this subsection shall
not apply to producers for whom such market services are being rendered
by a cooperative marketing association qualified under the provisions
of the Act of February 18, 1922 (7 U.S.C. 291-292; commonly known as
the Co-operative Marketing Associations Act).
(c) Reporting Requirements.--The program shall provide for the
filing of reports by handlers of milk and milk products, and the
publication of statistics by the Secretary, with respect to receipts of
milk, prices paid for milk, and the purposes for which milk was used by
handlers.
(d) Administrative Assessment.--The program shall provide for an
assessment on handlers, based on relative volume of receipts of milk,
for expenses related to the administration of the program, and for a
deduction from producer payments by handlers, based on relative
marketings of milk, for expenses related to market services provided
under the program by the Secretary or a cooperative marketing
association. The total revenue from such assessments and deductions
shall not exceed the total cost of providing those services.
(e) Marketing Agreements.--Producers or associations of producers,
including cooperative marketing associations qualified under the
provisions of the Act of February 18, 1922 (7 U.S.C. 291-292; commonly
known as the Co-operative Marketing Associations Act), may negotiate
and enter into marketing agreements or other private contracts with
handlers for the marketing and receipt of milk. Upon the request of
either or both of the parties, the Secretary may perform an audit of
the agreement or contract to assure compliance with its terms, except
that the Secretary shall be reimbursed for any costs associated with
the audit in the manner provided in the agreement or contract. If there
is no provision for the reimbursement of the Secretary in the agreement
or contract, the party or parties requesting the audit shall provide
such reimbursement.
(f) Prohibition on Marketing Limitations.--No marketing agreement
or Government order or regulation applicable to milk and its products
in any marketing area or jurisdiction shall prohibit or in any manner
limit the marketing in that area of any milk or product of milk
produced in any production area in the United States.
(g) Final Regulations.--Not later than ____________, the Secretary
shall issue final regulations to establish the verification program
required by this section. The regulations shall take effect on that
date. | Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to terminate milk marketing order authority.
Directs the Secretary of Agriculture to establish a program to verify the receipts of all cow's milk marketed in the 48 contiguous States, which shall include: (1) specified market services; (2) reporting requirements; (3) handler assessments; (4) producer marketing agreement authority; and (5) a prohibition on marketing limitations. | {"src": "billsum_train", "title": "To amend the Agricultural Adjustment Act to terminate Federal milk marketing orders and to replace such orders with a program to verify receipts of milk."} | 1,352 | 103 | 0.513666 | 1.263247 | 1.001795 | 2.924731 | 13.290323 | 0.88172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generating Real Opportunities for
Workers and Transitional Help Act'' or the ``GROWTH Act''.
SEC. 2. EXTENSION OF MODIFIED FIRST-TIER EMERGENCY UNEMPLOYMENT
COMPENSATION.
(a) Extension.--
(1) In general.--Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by adding at the end the following:
``(c) Special Rule for First-Tier Emergency Unemployment
Compensation.--Nothing in this section shall prevent the commencement
or continued payment of emergency unemployment compensation under this
title to the extent that such compensation--
``(1) represents amounts established in an account under
section 4002(b); and
``(2) is payable for a week ending on or before January 1,
2015.''.
(2) Modification.--Section 4002(b) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by inserting after paragraph (3) the
following:
``(4) Special rule relating to amounts payable for a week
ending after january 1, 2014.--Notwithstanding any provision of
paragraph (1) or (2), for purposes of determining whether an
amount is payable, out of amounts established in an account
under this subsection, for a week ending after January 1,
2014--
``(A) paragraph (1)(A) shall be applied by
substituting `54 percent' for `80 percent';
``(B) paragraph (1)(B) shall be applied by
substituting `14 weeks' for `20 weeks'; and
``(C) any amount established in an account under
paragraph (1) or (2), which becomes nonpayable by
reason of this paragraph, shall be treated in the same
way as if it had never been established in such
account.''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendment made by section 2(a) of the
Generating Real Opportunities for Workers and
Transitional Help Act;''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 3. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State that
has enacted a law before December 1, 2013, that, upon taking
effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after December
29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in title IV of such
Act shall preclude a State whose agreement under such title was
terminated from entering into a subsequent agreement under such title
on or after the date of the enactment of this Act if the State, taking
into account the application of subsection (a), would otherwise meet
the requirements for an agreement under such title.
SEC. 4. AUTHORITY TO USE ANY DISCRETIONARY APPROPRIATIONS AVAILABLE TO
THE SECRETARY OF LABOR TO CONDUCT IN-PERSON REEMPLOYMENT
AND UNEMPLOYMENT INSURANCE ELIGIBILITY ASSESSMENTS FOR
UNEMPLOYMENT INSURANCE BENEFICIARIES.
(a) Authority.--Notwithstanding any other provision of law, the
Secretary of Labor may, for fiscal years 2014 through 2023, use any
discretionary appropriations available to the Secretary to conduct in-
person reemployment and unemployment insurance eligibility assessments
for unemployment insurance beneficiaries.
(b) Limitation.--Amounts used in a fiscal year pursuant to the
authority under subsection (a) may not exceed the following:
(1) $20,000,000 for fiscal year 2014.
(2) $25,000,000 for fiscal year 2015.
(3) $30,000,000 for fiscal year 2016.
(4) $35,000,000 for fiscal year 2017.
(5) $36,000,000 for fiscal year 2018.
(6) $37,000,000 for fiscal year 2019.
(7) $38,000,000 for fiscal year 2020.
(8) $39,000,000 for fiscal year 2021.
(9) $40,000,000 for fiscal year 2022.
(10) $41,000,000 for fiscal year 2023.
SEC. 5. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(3) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E.
(c) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act.
SEC. 6. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P., to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on August 26, 2011, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 7. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICATION AS FULL-TIME
EMPLOYEE FOR PURPOSES OF THE EMPLOYER MANDATE IN THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT AND
REPLACEMENT WITH 40 HOURS.
(a) Full-Time Equivalents.--Paragraph (2) of section 4980H(c) of
the Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (E), and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Full-time equivalents treated as full-time
employees.--Solely for purposes of determining whether
an employer is an applicable large employer under this
paragraph, an employer shall, in addition to the number
of full-time employees for any month otherwise
determined, include for such month a number of full-
time employees determined by dividing the aggregate
number of hours of service of employees who are not
full-time employees for the month by 174.''.
(b) Full-Time Employees.--Paragraph (4) of section 4980H(c) of the
Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (A), and
(2) by inserting before subparagraph (B) the following new
subparagraph:
``(A) In general.--The term `full-time employee'
means, with respect to any month, an employee who is
employed on average at least 40 hours of service per
week.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 1513 of the
Patient Protection and Affordable Care Act.
SEC. 8. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN
A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED.
(a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)) is amended by adding at the end the following:
``(C)(i) If for any month an individual is entitled to unemployment
compensation, such individual shall be deemed to have engaged in
substantial gainful activity for such month.
``(ii) For purposes of clause (i), the term `unemployment
compensation' means--
``(I) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by section
205 of the Federal-State Extended Unemployment Compensation Act
(26 U.S.C. 3304 note)); and
``(II) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(b) Trial Work Period.--Section 222(c) of the Social Security Act
(42 U.S.C. 422(c)) is amended by adding at the end the following:
``(6)(A) For purposes of this subsection, an individual shall be
deemed to have rendered services in a month if the individual is
entitled to unemployment compensation for such month.
``(B) For purposes of subparagraph (A), the term `unemployment
compensation' means--
``(i) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by section
205 of the Federal-State Extended Unemployment Compensation Act
(26 U.S.C. 3304 note)); and
``(ii) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(c) Data Matching.--The Commissioner of Social Security shall
implement the amendments made by this section using appropriate
electronic data.
(d) Effective Date.--The amendments made by this section shall
apply with respect to months beginning after the date of the enactment
of this Act.
SEC. 9. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION
OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's Social Security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the Social Security number of either
spouse is included on such return.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(I) an omission of a correct Social Security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended by inserting ``With Respect to
Qualifying Children'' after ``Identification Requirement'' in the
heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Generating Real Opportunities for Workers and Transitional Help Act or GROWTH Act - Amends the Supplemental Appropriations Act, 2008 to declare that nothing in the Act shall prevent the commencement or continued payment of first-tier emergency unemployment compensation (EUC) to the extent that it: represents amounts established in an applicant's EUC account (EUCA); and is payable for a week ending on or before January 1, 2015. (Thus provides for a 12-month extension of EUC.) Revises the formula for crediting Tier-1 amounts to an applicant's EUCA to include a week ending after January 1, 2014. Decreases the percentages in the formula (the lesser of which shall be the amount credited): (1) from 80% to 54% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year, and (2) from 20 to 14 times the individual's average weekly benefit amount for the benefit year. Directs the Secretary of the Treasury to transfer necessary amounts from the Treasury general fund to the EUC account to make payments to states for this extension of EUC. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Authorizes the Secretary of Labor, for FY2014-FY2023, to use any available discretionary appropriations to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. Specifies limits in such amount for each fiscal year. Amends the Internal Revenue Code (IRC) to repeal the excise tax on medical devices. Declares that no presidential permit shall be required for a specified application filed on May 4, 2012, by TransCanada Keystone XL pipeline, L.P., to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute featured in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. Considers the final environmental impact statement regarding the pipeline issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969. Amends the IRC, as amended by the Patient Protection and Affordable Care Act, to redefine "full-time employee," for purposes of the mandate requiring employers to provide health care coverage for their employees, as an employee who is employed on average at least 40 hours of service a week (currently, at least 30 hours of service a week). Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation (UC) he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to UC or trade adjustment assistance for that month. Amends the IRC to require taxpayers who are claiming the refundable portion of the child tax credit to include their Social Security numbers on their tax returns.. | {"src": "billsum_train", "title": "GROWTH Act"} | 2,853 | 978 | 0.570115 | 1.883183 | 0.674803 | 3.253837 | 2.793388 | 0.807556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Rock Nine Medals and Coins
Act''.
TITLE I--LITTLE ROCK NINE GOLD MEDALS
SEC. 101. CONGRESSIONAL FINDINGS.
The Congress hereby finds the following:
(1) Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma
Mothershed Wair, Ernest Green, Elizabeth Eckford, and Jefferson
Thomas, hereafter in this section referred to as the ``Little
Rock Nine'', voluntarily subjected themselves to the bitter
stinging pains of racial bigotry.
(2) The Little Rock Nine are civil rights pioneers whose
selfless acts considerably advanced the civil rights debate in
this country.
(3) The Little Rock Nine risked their lives to integrate
Central High School in Little Rock, Arkansas, and subsequently
the Nation.
(4) The Little Rock Nine sacrificed their innocence to
protect the American principle that we are all ``one nation,
under God, indivisible''.
(5) The Little Rock Nine have indelibly left their mark on
the history of this Nation.
(6) The Little Rock Nine have continued to work towards
equality for all Americans.
SEC. 102. CONGRESSIONAL GOLD MEDALS.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, to Jean Brown Trickey, Carlotta
Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray
Karlmark, Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and
Jefferson Thomas, commonly referred to collectively as the ``Little
Rock Nine'', gold medals of appropriate design, in recognition of the
selfless heroism such individuals ex- hibited and the pain they
suffered in the cause of civil rights by integrating Central High
School in Little Rock, Arkansas.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be determined
by the Secretary for each recipient.
(c) Authorization of Appropriation.--Effective October 1, 1997,
there are authorized to be appropriated such sums as may be necessary
to carry out this section.
SEC. 103. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medals struck pursuant to
section 2 under such regulations as the Secretary may prescribe, at a
price sufficient to cover the cost thereof, including labor, materials,
dies, use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 104. NATIONAL MEDALS.
The medals struck pursuant to this title are national medals for
purposes of chapter 51 of title 31, United States Code.
TITLE II--GERALD AND BETTY FORD GOLD MEDAL
SEC 201. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, to Gerald R. and Betty Ford a gold
medal of appropriate design--
(1) in recognition of their dedicated public service and
outstanding humanitarian contributions to the people of the
United States; and
(2) in commemoration of the following occasions in 1998:
(A) The 85th anniversary of the birth of President
Ford.
(B) The 80th anniversary of the birth of Mrs. Ford.
(C) The 50th wedding anniversary of President and
Mrs. Ford.
(D) The 50th anniversary of the 1st election of
Gerald R. Ford to the United States House of
Representatives.
(E) The 25th anniversary of the approval of Gerald
R. Ford by the Congress to become Vice President of the
United States.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be determined
by the Secretary.
(c) Authorization of Appropriation.--There are authorized to be
appropriated not to exceed $20,000 to carry out this section.
SEC. 202. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck pursuant to
section 201 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.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 201 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 203. NATIONAL MEDALS.
The medals struck pursuant to this title are national medals for
purposes of chapter 51 of title 31, United States Code.
TITLE III--JACKIE ROBINSON COMMEMORATIVE COINS
SEC. 301. SIX-MONTH EXTENSION FOR CERTAIN SALES.
Notwithstanding section 101(7)(D) of the United States
Commemorative Coin Act of 1996, the Secretary of the Treasury may, at
any time before January 1, 1999, make bulk sales at a reasonable
discount to the Jackie Robinson Foundation of not less than 20 percent
of any denomination of coins minted under section 101(7) of such Act
which remained unissued as of July 1, 1998, except that the total
number of coins of any such denomination which were issued under such
section or this section may not exceed the amount of such denomination
of coins which were authorized to be minted and issued under section
101(7)(A) of such Act.
TITLE IV--$1 COIN DESIGN EVALUATION
SEC. 401. COMMISSIONING OF STUDY REQUIRED.
(a) In General.--The Comptroller General of the United States shall
commission, on a reimbursable basis, a study, similar to the study
conducted under section 302 of the United States Commemorative Coin Act
of 1996, to compare the relative acceptance by the public and the
fiscal impact on the Treasury of the United States of the use of the
image of Sacajawea on the obverse of the new $1 coin with that of the
relative acceptance by the public and the fiscal impact on the Treasury
of the United States of the use of the image of the Statue of Liberty.
(b) Design and Scope of Study.--The study required to be
commissioned under subsection (a) shall--
(1) be designed by the Comptroller General, in 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, the Secretary of the Treasury,
and the Director of the United States Mint;
(2) be conducted by private sector consultants selected by
the Comptroller General on the basis of their education,
training, and experience;
(3) measure the estimated acceptance of each image,
including an estimate of the number of potential sales of
proof, uncirculated, and other qualities of coins bearing each
such image;
(4) estimate the number of coins bearing each such image
which would be removed from circulation for collections or as
souvenirs by both formal and informal numismatists and other
collectors, as well as tourists; and
(5) examine the financial impact which could flow from
other factors that might influence the choice of an image for
the obverse of the coin.
(c) Inclusion of Focus Groups and Interested Associations.--In
carrying out the study required under this section, the consultants
selected by the Comptroller General shall--
(1) convene groups consisting of individuals representing a
broad cross-section of the populace for purposes of testing the
relative acceptance of the 2 images; and
(2) consult with the American Numismatic Association and
the Coin Coalition, as well as any marketing organization or
operator of a sales location which might sell proof,
uncirculated, and other qualities of the new $1 coin.
(d) Report.--
(1) In general.--A report on the study shall be completed
and submitted to the Congress before January 31, 1999.
(2) Contents.--The report submitted pursuant to paragraph
(1) shall contain the findings and conclusions of the
consultants conducting the study and the Comptroller General,
together with such recommendations as the consultants and the
Comptroller General determine to be appropriate.
(e) Funding.--Not to exceed $350,000 of the costs of the study
required under this section shall be reimbursed by the Secretary of the
Treasury from the United States Mint Public Enterprise Fund.
TITLE V--LEIF ERICSSON MILLENNIUM COMMEMORATIVE COIN
SEC. 501. SHORT TITLE.
This title may be cited as the ``Leif Ericsson Millennium
Commemorative Coin Act''.
SEC. 502. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In conjunction with the simultaneous mining
and issuance of commemorative coins by the Republic of Iceland in
commemoration of the millennium of the discovery of the New World by
Leif Ericsson, the Secretary of the Treasury (hereafter in this title
referred to as the ``Secretary'') shall mint and issue not more than
500,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
SEC. 503. SOURCES OF BULLION.
The Secretary may obtain silver for minting coins under this title
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 504. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the millennium of the discovery of
the New World by Leif Ericsson.
(2) Designation and inscriptions.--On each coin minted
under this title there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2000''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this title
shall be--
(1) selected by the Secretary after consultation with the
Leifur Eiriksson Foundation and the Commission of Fine Arts;
and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 505. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this title shall be
issued in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
title.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning January 1, 2000.
(d) Termination of Minting Authority.--No coins may be minted under
this title after December 31, 2000.
SEC. 506. SURCHARGES.
(a) In General.--All sales of coins minted under this title shall
include a surcharge of $10 per coin.
(b) Distribution.--All surcharges received by the Secretary from
the sale of coins issued under this title shall be promptly paid by the
Secretary to the Leifur Eiriksson Foundation for the purpose of funding
student exchanges between students of the United States and students of
Iceland.
(c) Audits.--The Leifur Eiriksson Foundation shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Foundation under
subsection (b).
SEC. 507. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
Passed the House of Representatives October 9, 1998.
Attest:
Clerk. | TABLE OF CONTENTS:
Title I: Little Rock Nine Gold Medals
Title II: Gerald and Betty Ford Gold Medals
Title III: Jackie Robinson Commemorative Coins
Title IV: $1 Coin Design Evaluation
Title V: Leif Ericsson Millennium Commemorative Coin
Little Rock Nine Medals and Coins Act -
Title I: Little Rock Nine Gold Medals
- Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas.
(Sec. 102) Authorizes appropriations.
Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze.
Title II: Gerald and Betty Ford Gold Medal
- Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States.
(Sec. 201) Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze.
Title III: Jackie Robinson Commemorative Coins
- Amends the United States Commemorative Coin Act of 1996 to authorize the Secretary of the Treasury, before January 1, 1999, to make bulk sales at a reasonable discount to the Jackie Robinson Foundation of not less than 20 percent of any denomination of coins remaining unissued which were minted to commemorate the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson.
Title IV: $1 Coin Design Evaluation
- Instructs the Comptroller General to commission a study comparing the relative acceptance by the public and the fiscal impact on the Treasury of the use of the image of Sacajawea on the obverse of the new $1 coin with that of the relative acceptance by the public and the fiscal impact on the Treasury of the use of the image of the Statue of Liberty.
(Sec. 401) Provides a maximum reimbursement amount for study costs, to be funded from the United States Mint Public Enterprise Fund.
Title V: Leif Ericsson Millennium Commemorative Coin
- Leif Ericsson Millennium Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins, in conjunction with the simultaneous minting and issuance of commemorative coins by the Republic of Iceland, in commemoration of the millennium of the discovery of the New World by Leif Ericsson.
(Sec. 506) Mandates that all coin surcharges be paid to the Leifur Eiriksson Foundation for the purpose of funding student exchanges between the United States and Iceland. | {"src": "billsum_train", "title": "Little Rock Nine Medals and Coins Act"} | 2,968 | 619 | 0.616294 | 2.497478 | 0.62619 | 4.870722 | 4.798479 | 0.897338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Durable Medical Equipment
Patient Protection Act of 1993''.
SEC. 2. RESTRICTIONS ON CARRIERS.
(a) Limit on Number of Regional Carriers; Prohibition Against
Carrier Forum Shopping.--Section 1834(a)(12) of the Social Security Act
(42 U.S.C. 1395m(a)(12)) is amended to read as follows:
``(12) Use of carriers to process claims.--
``(A) Designation of regional carriers.--The
Secretary may designate, by regulation under section
1842, one carrier for one or more entire regions (but
not more than 5 for all regions) to process all claims
within the region for covered items under this section.
``(B) Prohibition against carrier forum shopping.--
(i) No supplier of a covered item may present or cause
to be presented a claim for payment under this part
unless such claim is presented to the appropriate
carrier.
``(ii) For purposes of clause (i), the term
`appropriate carrier' means the carrier having
jurisdiction over the geographic area of the residence
of the patient to whom the item is furnished, except
that--
``(I) in the case of a patient who resides
not more than 60 miles from a geographic area
over which a second carrier has jurisdiction,
such term may include the second carrier;
``(II) in the case of a patient who, at the
time the item that is the subject of the claim
is furnished, is temporarily residing in a
geographic area other than the area of the
patient's residence, such term may include the
carrier having jurisdiction over the geographic
area in which the patient temporarily resides;
and
``(III) such term may include any other
carrier considered by the Secretary to be the
most appropriate carrier with respect to the
claim (based on the need to efficiently
administer the processing of the claim).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to contracts with carriers for items furnished on or
after January 1, 1994.
SEC. 3. TREATMENT OF CERTAIN ITEMS AS COVERED ITEMS; USING REASONABLE
COST AS BASIS FOR DETERMINING PAYMENT AMOUNTS.
(a) Treatment of Certain Items as Covered Items.--
(1) In general.--Section 1861(n) of the Social Security Act
(42 U.S.C. 1395x(n)) is amended by striking ``iron lungs'' and
inserting ``ostomy supplies, tracheostomy supplies,
urologicals, surgical dressings and splints, casts, and other
devices used for reduction of fractures and dislocations, iron
lungs''.
(2) Treatment as inexpensive and routinely purchased
items.--Section 1834(a)(2)(A) of such Act (42 U.S.C.
1395m(a)(2)(A)) is amended
(A) by striking ``or'' at the end of clause (i);
(B) by striking the comma at the end of clause (ii)
and inserting ``, or''; and
(C) by inserting after clause (ii) the following
new clause:
``(iii) which consists of an ostomy supply,
tracheostomy supply, urological, or surgical
dressing or splint, cast, or other device used
for reduction of fractures and dislocations,''.
(3) Conforming amendments.--(A) Section 1834(h)(4)(C) of
such Act (42 U.S.C. 1395m(h)(4)(C)) is amended by striking ``,
catheter supplies'' and all that follows through ``ostomy
care'' and inserting ``and catheter supplies''.
(B) Section 1861(s) of such Act (42 U.S.C. 1395x(s)) is
amended--
(i) by striking paragraph (5); and
(ii) in paragraph (9), by striking the semicolon at
the end and inserting the following: ``, but not
including ostomy supplies, tracheostomy supplies, or
urologicals;''.
(4) Effective date.--The amendments made by this subsection
shall apply to items furnished on or after January 1, 1994.
(b) Study of Feasibility of Basing Payment Amounts on Reasonable
Costs.--
(1) Study.--The Secretary of Health and Human Services, in
consultation with carriers under part B of the medicare program
and representatives of suppliers of durable medical equipment
under the program, shall conduct a study of the feasibility and
desirability of basing payment amounts for covered items of
durable medical equipment, prosthetic devices, and orthotics
and prosthetics under such program on the reasonable costs of
such items.
(2) Report.--Not later than January 1, 1995, the Secretary
shall submit a report on the study conducted under paragraph
(1) to Congress, and shall include in the report any
recommendations considered appropriate by the Secretary for
changes in the manner in which payment amounts are determined
under the medicare program for the items that are the subject
of the study.
(c) Guidelines for Determining Medical Effectiveness and Permitting
Payment for Upgraded Items.--Not later than January 1, 1995, the
Secretary of Health and Human Services shall establish and publish
updated guidelines for carriers under part B of the medicare program
that describe the conditions under which--
(1) covered items of durable medical equipment, prosthetic
devices, and orthotics and prosthetics shall be considered
medically effective when furnished to an elderly patient and
when furnished to a disabled patient; and
(2) a supplier of such items may furnish a patient with an
item in excess of or more expensive than the standard version
of the item for which payment may be made under the program.
SEC. 4. CERTIFICATION AND DISCLOSURE REQUIREMENTS FOR SUPPLIERS OF
DURABLE MEDICAL EQUIPMENT.
(a) Mandatory Supplier Certification.--
(1) In general.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the
following new paragraph:
``(17) Certification of suppliers.--
``(A) In general.--Notwithstanding any other
provision of this Act, no payment may be made under
this part for any covered item furnished during a year
(beginning with 1994) by any supplier unless the
Secretary certifies (or has certified during the 4
years preceding the year) that the supplier meets the
certification standards established under subparagraph
(B).
``(B) Establishment of standards.--The Secretary
shall establish and publish certification standards for
suppliers on the basis of such criteria as the
Secretary considers appropriate, and shall include in
the standards a requirement that the supplier furnish
the Secretary with the following information:
``(i) Whether the items furnished by the
supplier are purchased, warehoused, and shipped
directly by the supplier or under arrangements
with other suppliers.
``(ii) The identity of subcontracting or
subsidiary entities or entities with which the
provider is doing business which are
advertising or marketing firms directly or
indirectly involved in furnishing covered items
to individuals entitled to benefits under this
title.
``(iii) A description of all items and
services furnished by the supplier to
individuals eligible for benefits under this
title and to providers of services or other
entities furnishing items and services for
which payment may be made under this title.
``(iv) A list of all States and counties in
which individuals reside to whom the supplier
furnishes items or services for which payment
is made under this title or under a State plan
for medical assistance under title XIX.
``(v) Any additional information the
Secretary considers appropriate.
``(C) Fees authorized for certification.--The
Secretary of Health and Human Services may require a
supplier to make a payment of an administrative fee
(not to exceed $100) with respect to a certification or
renewal of a certification under this paragraph. Any
fees collected by the Secretary pursuant to this
subparagraph shall be deposited in the Federal
Supplementary Medical Insurance Trust Fund and shall be
available only for the administration of this part.
``(D) Waiver of requirements for certain
suppliers.--The Secretary may waive or modify any of
the certification standards established under
subparagraph (B) or the payment of a fee required under
subparagraph (C) with respect to a supplier if the
Secretary determines that the majority of the items
furnished by the supplier are inexpensive or routinely
purchased items under paragraph (2) or that less than
25 percent of the supplier's annual gross revenues is
attributable to the furnishing of covered items under
this title.''.
(2) Conforming amendment.--Section 1834(h)(3) of such Act
(42 U.S.C. 1395m(h)(3)) is amended by striking ``Paragraph
(12)'' and inserting ``Paragraphs (12) and (17)''.
(b) Prohibition Against Issuance of Multiple Provider Numbers.--
Section 1834(a)(12) of such Act (42 U.S.C. 1395m(a)(12)), as amended by
section 2(a), is further amended by adding at the end the following new
subparagraph:
``(C) Prohibition against issuance of multiple
provider numbers.--A carrier may not issue more than
one provider number to a supplier of a covered item
unless the issuance of multiple provider numbers is
appropriate because of significant differences among
the items the supplier furnishes or the geographic
regions the provider serves. Nothing in the previous
sentence shall be construed to prohibit a carrier from
issuing a new provider number to a supplier to replace
an inactive or obsolete provider number.''.
(c) Limitation on Employment Relationships Considered Bona Fide for
Exemption from Anti-Kickback Requirements.--Section 1128B(b)(3)(B) of
such Act (42 U.S.C. 1320a-7b(b)(3)(B)) is amended by striking the
semicolon at the end and inserting the following: ``, except that any
employment relationship between an employee of a nursing facility and a
supplier of covered items under section 1834(a) or items described in
section 1834(h) shall not be considered a bona fide employment
relationship for purposes of this subparagraph;''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to items or services furnished on or after January
1, 1994.
SEC. 5. PRIOR APPROVAL AUTHORIZED FOR ITEMS FURNISHED BY SUPPLIERS
ENGAGED IN FRAUD OR OTHER ABUSIVE PRACTICES.
(a) In General.--Section 1834(a) of the Social Security Act (42
U.S.C. 1395m(a)), as amended by section 4(a), is further amended by
adding at the end the following new paragraph:
``(18) Carrier determinations of items furnished by certain
suppliers in advance.--
``(A) Development of list of suppliers by
secretary.--The Secretary shall develop and
periodically update a list of suppliers that the
Secretary determines (on the basis of criteria
developed and published by the Secretary in
consultation with representatives of suppliers, which
may include prior payment experience)--
``(i) have engaged in activities which make
the suppliers subject to a civil monetary
penalty under section 1128A or to a criminal
penalty under section 1128B;
``(ii) have furnished a substantial number
of items for which payment was not made because
of the application of section 1862(a)(1); or
``(iii) have engaged in a pattern of
overutilization of items.
``(B) Determinations of coverage in advance.--A
carrier shall determine in advance whether payment for
an item furnished by a supplier included on the list
developed by the Secretary under subparagraph (A) may
not be made because of the application of section
1862(a)(1).''.
(b) Conforming Amendment.--Section 1834(h)(3) of such Act (42
U.S.C. 1395m(h)(3)), as amended by section 4(a)(2), is amended by
striking ``(12) and (17)'' and inserting ``(12), (15), (17), and
(18)''.
(c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 1994.
SEC. 6. STUDY OF IMPACT OF REFORMS ON ACCESS TO AND COSTS OF DURABLE
MEDICAL EQUIPMENT FOR MEDICARE BENEFICIARIES.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the impact of the amendments made by this Act on the
access of individuals enrolled under part B of the medicare
program to items of durable medical equipment under the program
and the costs imposed on such individuals under the program for
such items, and shall include in the study an analysis of the
impact of the amendments on individuals enrolled under part B
of the program who reside in rural areas.
(2) Durable medical equipment defined.--For purposes of
paragraph (1), the term ``durable medical equipment'' means
covered items under section 1834(a) of the Social Security Act
and items described in section 1834(h) of such Act.
(b) Report.--Not later than January 1, 1995, the Comptroller
General shall submit a report to Congress on the study conducted under
subsection (a), and shall include in the report any recommendations
considered appropriate for legislative or regulatory changes to improve
the access of medicare beneficiaries to items of durable medical
equipment and to control the costs imposed on beneficiaries for such
items under the medicare program, including recommendations to impose
maximum allowable limits on the amounts suppliers of such items may
charge beneficiaries in the same manner as the limits imposed under the
program on the amounts physicians may charge beneficiaries for
physicians' services.
SEC. 7. STUDY OF ITEMS FURNISHED TO RESIDENTS OF NURSING FACILITIES.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the types, volume, and utilization of items of durable
medical equipment furnished under part B of the medicare
program to individuals residing in skilled nursing facilities
and intermediate care facilities, and shall include in the
study an analysis of the need to apply additional controls on
the utilization of such items by such individuals.
(2) Durable medical equipment defined.--For purposes of
paragraph (1), the term ``durable medical equipment'' means
covered items under section 1834(a) of the Social Security Act
and items described in section 1834(h) of such Act.
(b) Report.--Not later than January 1, 1995, the Comptroller
General shall submit a report to Congress on the study conducted under
subsection (a). | Medicare Durable Medical Equipment Patient Protection Act of 1993 - (Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to designate no more than five regional carriers nationwide to process all claims for durable medical equipment (DME).
Prohibits a supplier from presenting a claim for payment unless such claim is presented to the appropriate carrier (i.e., the carrier having jurisdiction over the geographic area of the residence of the patient to whom the item is furnished, with exceptions).
(Sec. 3) Includes: (1) within the definition of "DME" ostomy and tracheostomy supplies, urologicals, surgical dressings, and splints, casts, and other devices used for reduction of fractures and dislocations; and (2) such supplies in the category of inexpensive and other routinely purchased equipment for payment purposes.
Directs the Secretary to: (1) report to the Congress on the feasibility and desirability of basing payment amounts for covered items of DME, prosthetic devices, and orthotics and prosthetics on the reasonable costs of such items; and (2) publish updated guidelines for carriers describing conditions under which such items shall be considered medically effective when furnished to an elderly patient or a disabled patient, and under which a supplier may furnish a patient with an item in excess of, or more expensive than, the standard version for which payment may be made under the program.
(Sec. 4) Specifies that no payment may be made unless the supplier meets specified certification standards.
Directs the Secretary to establish certification standards for suppliers.
Authorizes the Secretary to require suppliers to pay an administrative fee and waive or modify certification standards or fee payment under certain circumstances.
Prohibits a carrier from issuing more than one provider number to a supplier unless there are significant differences among the items the supplier furnishes or the geographic regions the provider serves.
Provides that anti-kickback requirements shall not apply to amounts paid to employees for provision of covered items or services (as under current law), except that any employment relationship between an employee of a nursing facility and a supplier shall not be considered a bona fide employment relationship.
(Sec. 5) Directs the Secretary to develop a list of suppliers determined to have: (1) engaged in activities which subject them to specified civil or criminal monetary penalties; (2) furnished a substantial number of items for which payment was not made; or (3) engaged in a pattern of overutilization of items. Requires carriers to determine in advance whether payment for an item furnished by a listed supplier may not be made because of coverage exclusions.
(Secs. 6 and 7) Directs the Comptroller General to study and report to the Congress on: (1) the impact of this Act on access to, and costs of, DME for Medicare beneficiaries; and (2) the types, volume, and utilization of DME furnished to Medicare beneficiaries residing in skilled nursing and intermediate care facilities. Sets forth reporting requirements. | {"src": "billsum_train", "title": "Medicare Durable Medical Equipment Patient Protection Act of 1993"} | 3,384 | 665 | 0.550613 | 1.80813 | 0.732043 | 3.595925 | 4.894737 | 0.910017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John H. Chafee Blackstone River
Valley National Heritage Corridor Reauthorization Act of 2005''.
SEC. 2. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR.
(a) Commission Membership.--Section 3(b) of Public Law 99-646 (16
U.S.C. 461 note) is amended--
(1) by striking ``nineteen members'' and inserting ``25
members'';
(2) in paragraph (2) by striking ``Massachusetts Department
of Environmental Management'' and inserting ``Massachusetts
Executive Office of Environmental Affairs'';
(3) in paragraph (3)--
(A) by striking ``four representatives'' and
inserting ``5 representatives''; and
(B) by striking the ``; and'' and inserting a
semicolon;
(4) in paragraph (4)--
(A) by striking ``2 individuals, nominated by the
Governor of Massachusetts and two individuals nominated
by the Governor of Rhode Island'' and inserting ``3
individuals, nominated by the Governor of Massachusetts
and 3 individuals nominated by the Governor of Rhode
Island''; and
(B) by striking the period and inserting ``; and'';
and
(5) by inserting after paragraph (4) the following:
``(5) 1 individual from Massachusetts and 1 individual from
Rhode Island, each to be appointed by the Secretary to
represent non-governmental organizations, having expertise and
interest in on or more of the following fields: historic
preservation, conservation, outdoor recreation, cultural
conservation, traditional arts, community development, and
tourism.''.
(b) Quorum.--Section 3(f) of Public Law 99-647 (16 U.S.C. 461 note)
is amended by striking ``Ten members of the Commission'' and inserting
``Thirteen members of the Commission''.
(c) Update of Plan.--Section 6 of Public Law 99-647 (16 U.S.C. 461
note) is amended by adding at the end the following:
``(e) Update of Plan.--(1) Not later than 2 years after the date of
the enactment of this subsection, the Commission shall update the plan.
``(2) In updating the plan under paragraph (1), the Commission
shall take into account the findings included in the Sustainability
Study Report that was prepared for the Blackstone River Valley National
Heritage Corridor Commission, and as a case study for the National Park
System Advisory Board Partnership Committee on the future of National
Heritage Areas in the National Park System.
``(3) The update shall include--
``(A) performance goals;
``(B) options for resource protection, interpretation, and
enhancements, including funding program; and
``(C) sustainable partnership strategies.
``(4) The Secretary shall approve or disapprove any changes (other
than minor revisions) to the plan proposed in the update in accordance
with subsection (b).''.
(d) Extension of Commission.--Public Law 99-647 (16 U.S.C. 461
note) is amending section 7 to read as follows:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on the date that is 10 years after
the date of the enactment of the John H. Chafee Blackstone River Valley
National Heritage Corridor Reauthorization Act of 2005.''.
(e) Authorization of Appropriations.--Section 10 of Public Law 99-
647 (16 U.S.C. 461 note) is amended--
(1) in subsection (a), by striking ``650,00'' and inserting
``1,000,000''; and
(2) by amending subsection (b) to read as follows:
``(b) Development Funds.--There is authorized to be appropriated to
carry out section 8(c) not more than $10,000,000 for the period of
fiscal years 2006 through 2016, to remain available until expended.''.
SEC. 3. SPECIAL RESOURCE STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the Secretary shall
complete a special resource study to evaluate--
(1) the sites and associated landscape features that
contribute to the understanding of the Blackstone River Valley
as the Birthplace of the American Industrial Revolution;
(2) the suitability and feasibility of designating one or
more sites and landscapes features within the boundaries of the
John H. Chafee Blackstone River Valley National Heritage
Corridor as a unit of the National Park System; and
(3) opportunities to coordinate and complement actions by
the Commission, local governments, and State and Federal
agencies in the preservation and interpretation of significant
resources within the National Heritage Corridor.
(b) Coordination.--The Secretary shall coordinate the study
conducted under this section with the John H. Chafee Blackstone River
Valley National Heritage Corridor Commission.
(c) Report.--Not later than 30 days after the date on which the
study conducted under this section is completed, the Secretary shall
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the study required
by this section. | John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2005 - Requires the John. H. Chafee Blackstone River Valley National Heritage Corridor Commission to update the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor.
Terminates the Commission ten years after this Act's enactment.
Directs the Secretary of the Interior to conduct a special resource study of sites and associated landscape features within the boundaries of the Corridor that contribute to the understanding of the Corridor as the birthplace of the industrial revolution in the United States, and evaluate the possibility of: (1) designating one or more site or landscape feature as a unit of the National Park System; and (2) coordinating and complementing actions by the Commission, local governments, and state and federal agencies in the preservation and interpretation of significant resources within the Corridor. | {"src": "billsum_train", "title": "To provide for the update of the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor, to extend the authority of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission, to authorize a special resources study to evaluate the suitability and feasibility of a national park unit within the Corridor, and for other purposes."} | 1,234 | 204 | 0.553934 | 1.511418 | 0.86051 | 4.355828 | 6.723926 | 0.907975 |
SECTION 1. PROHIBITION.
The Secretary shall not conduct any preleasing activities, hold any
lease sale, or approve or permit any exploration, production, or
drilling activities under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) in the area described in section 2.
SEC. 2. AREA COVERED.
The area referred to in section 1 is all areas of the Outer
Continental Shelf in the Eastern Gulf of Mexico Planning Area that are
south of 26 degrees north latitude and east of 86 degrees west
longitude.
SEC. 3. CANCELLATION OF LEASES.
(a) Congressional Determinations.--The Congress determines that--
(1) the area described in section 2 comprises marine
subtidal and nearshore habitats that are unique within the
United States continental margin, and that provide refuge to
numerous coastal and marine birds, rare and endangered species,
extensive live bottom communities, coral reefs, mangroves, and
productive sea grasses;
(2) in 1983 and 1984, Congress and the Department of the
Interior provided for a 3-year moratorium on drilling in that
area to permit the acquisition of additional environmental
information;
(3) notwithstanding the actions described in paragraph (2),
which put the bidding companies on notice that there were
environmental concerns, a total of 73 tracts were leased in the
area in 1984 and 1985;
(4) in 1988, and in every year since then, the Congress has
renewed the annual moratorium on new leasing and drilling in
the area concerned;
(5) in June 1990, President Bush announced that he was
placing a 10-year moratorium on leasing, development, and
production in south Florida and directing the Secretary of the
Interior to begin a process that may lead to the buyback and
cancellation of existing leases in that area;
(6) exploration, production, or drilling activity on any of
the 73 tracts described in paragraph (3) would cause serious
harm or damage to the marine, coastal, and human environment in
the area and such harm or damage is not subject to an
acceptable level of mitigation; and
(7) oil and gas exploration, production, and drilling
activity is incompatible with the ecologically fragile
resources found in the south Florida Outer Continental Shelf,
and the advantages of canceling outweigh the advantages of
continuing such leases and would promote the public interest in
the protection of the south Florida coastal area.
(b) Cancellation.--Based on the determinations made under
subsection (a), all leases under the Outer Continental Shelf Lands Act
in the area described in section 2 are hereby canceled.
SEC. 4. COMPENSATION.
(a) Determination.--The Attorney General shall determine whether
the holder of a lease canceled by section 3(b) is entitled under law to
compensation from the United States as a result of such cancellation.
(b) Negotiation.--If the Attorney General determines under
subsection (a) that a lease holder is entitled to compensation, the
Secretary shall enter into negotiations with such lease holder to
establish a written agreement providing for fair and equitable
settlement of all claims of such lease holder against the United States
for compensation for cancellations under section 3(b).
(c) Amount and Form of Compensation.--Compensation agreed to under
subsection (b)--
(1) may be determined through application of the rules set
forth in section 5(a)(2)(C) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334(a)(2)(C));
(2) may be made in the form of currency, forgiveness of the
lessee's obligation to pay rents, royalties, or bonus payments
which would otherwise be paid to the Federal Government on
another lease issued pursuant to the Outer Continental Shelf
Lands Act, or a combination of currency with such forgiveness;
and
(3) shall not exceed the amount that would be provided for
under the rules described in paragraph (1).
(d) No State Requirement.--The State of Florida shall not be
required to provide any compensation for the cancellation of a lease
under section 3(b).
SEC. 5. DEFINITIONS.
For the purposes of this Act--
(1) terms defined in the Outer Continental Shelf Lands Act
have the meaning given such terms in that Act;
(2) references to the Eastern Gulf of Mexico Planning Area
shall be to the area so designated in the Department of the
Interior Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program 1992-1997 Proposed Final,
dated April 1992; and
(3) the term ``preleasing activities'' means activities
conducted before a lease sale is held, and includes the
scheduling of a lease sale, requests for industry interest,
calls for information and nominations, area identifications,
publication of draft or final environmental impact statements,
notices of sale, and any form of rotary drilling; but such term
does not include environmental, geologic, geophysical,
economic, engineering, or other scientific analyses, studies,
and evaluations. | Prohibits the Secretary of the Interior from conducting lease sales, or permitting exploration, production, or drilling activities under the Outer Continental Shelf Lands Act in a certain area in the Eastern Gulf of Mexico Planning Area. Cancels all leases under such Act in such area.
Prescribes Federal compensation guidelines for holders of such cancelled leases. Declares that the State of Florida shall not be required to provide any compensation for cancelled leases. | {"src": "billsum_train", "title": "To protect the ecologically fragile coastal resources of south Florida by prohibiting offshore oil and gas activities and by cancelling Federal leases in the area of the Outer Continental Shelf adjacent to the south Florida coast."} | 1,063 | 95 | 0.492079 | 1.35835 | 1.079622 | 3.487805 | 12.219512 | 0.829268 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Halt Index Trading of Energy
Commodities (HITEC) Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Investment in our commodities markets has grown
dramatically in recent years. While the volume of futures
contracts traded in the United States was only 630,000,000 in
1998, that volume ballooned to over 3,200,000,000 in 2007.
(2) According to testimony provided to the Committee on
Natural Resources of the House of Representatives, this growth
in volume has been accompanied by a huge increase in the
percentage of commodity futures contracts owned by speculators.
While physical hedgers used to account for 70 percent of
futures contracts and speculators accounted for just 30
percent, those numbers have reversed, and speculators now
possess 70 percent of all open commodity futures contracts.
(3) Almost all of this increase in speculation has been
caused by a surge in trading of commodity index funds.
(4) Commodity index trading is investing in funds or other
financial products which are indexed to changes in value of
various commodities traded on commodity markets in the United
States. These funds can be tied to a basket of different
commodities or just to a single commodity.
(5) Investment in funds tied to these indexes has grown
enormously in the last 2 decades. According to the Commodity
Futures Trading Commission, a partial tally of net long
positions in United States markets in these indexes reached to
over $160,000,000,000 in February 2012, and net long positions
in West Texas Intermediate Crude Oil reached to over
$39,000,000,000. Many of the investors in these funds are
institutional clients, such as pension funds and universities.
(6) The vast majority of investors in commodity index funds
do not use the commodities involved. These investors are only
interested in profiting from a rise in value of the commodities
and must sell their interests in the commodities before the
futures contracts they own close. This practice, known as
rolling, causes hundreds of billions of dollars of additional
trading to flow through our commodities markets each month,
artificially increasing the volatility of our markets and
driving up prices for many of our commodities, including crude
oil.
(7) Because our commodities markets are tied to the actual
retail prices of our commodities, the artificial and excessive
levels of speculation have significantly increased the retail
prices our citizens pay for their commodities. In the case of
oil, excessive speculation may have added nearly $1.00 to the
per gallon price of gasoline.
(8) As sharp increases in energy costs reduce economic
growth, these commodity index funds are creating a weight on
the overall economy, threatening to delay our Nation's full
recovery from the 2008 financial crisis and recession.
(9) Thus, commodity index funds hurt economic growth and
consumer's wallets.
(10) In the Dodd-Frank Wall Street Reform Act, Congress
ordered the Commodity Futures Trading Commission to limit the
number of positions that a person or a class of persons may
hold in the commodities markets. Congress has taken initial
steps to set boundaries on commodity trading, but more must be
done to address the role of commodity index funds in the energy
commodity markets.
(11) Because oil prices have been at elevated levels for
much of the last year, Congress believes the situation is an
emergency and warrants immediate action to ban commodity index
trading in energy commodities.
SEC. 3. PREVENTION OF EXCESSIVE SPECULATION IN ENERGY COMMODITIES.
Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended
by adding at the end the following:
``(h)(1)(A) It shall be unlawful for a commodity index fund to
engage in a transaction involving an energy commodity if any person
investing in the fund is an excluded investor.
``(B) It shall be unlawful for an energy commodity index fund to
accept an investment from a person who is an excluded investor.
``(C) Beginning 2 years after the date of the enactment of this
subsection, it shall be unlawful for a commodity index fund to hold an
investment in an energy commodity if any person investing in the fund
is an excluded investor.
``(2) In this subsection:
``(A) The term `commodity index fund' means a fund that
consists principally of swaps involving, or contracts of sale
for future delivery of, more than 1 commodity, the value or
level of which is based, in whole or in part, on the value or
level of more than 1 commodity, and that transfers, as between
the parties to the transaction, in whole or in part, the
financial risk associated with a future change in any such
value or level.
``(B) The term `energy commodity index fund' means a
commodity index fund that consists principally of swaps
involving, or contracts of sale for future delivery of, more
than 1 energy commodity.
``(C) The term `energy commodity' means crude oil, natural
gas, or any other product (other than an agricultural
commodity) that is produced or refined, in whole or in part,
from crude oil or natural gas and that may be used as fuel for
a power source of any kind, but does not include electricity.
``(D) The term `excluded investor' means a person with
respect to whom there is no position in at least 1 energy
commodity which, if held by the person, would be considered a
bona fide hedging position (within the meaning of section
4a(c)(1)).
``(E) The term `swap' shall have the meaning the term would
have if the provisions of title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act defining, and
authorizing further definition of, the term were in effect.''. | Halt Index Trading of Energy Commodities (HITEC) Act - Amends the Commodity Exchange Act to declare unlawful for: (1) a commodity index fund to engage in an energy commodity transaction if any person investing in the fund is an excluded investor, (2) an energy commodity index fund to accept an investment from a person who is an excluded investor, or (3) a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor. Defines "excluded investor" as a person with respect to whom there is no position in an energy commodity which, if held by the person, would be considered a bona fide hedging position. | {"src": "billsum_train", "title": "Halt Index Trading of Energy Commodities (HITEC) Act"} | 1,250 | 158 | 0.410813 | 1.341088 | 0.624021 | 6.179104 | 8.992537 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Criminal
Disarmament Act of 2013''.
SEC. 2. GRANT PROGRAM REGARDING FIREARMS.
Section 506(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756(b)) is amended--
(1) by striking ``1 or more States or units of local
government, for 1 or more of the purposes specified in section
501, pursuant to his determination that the same is
necessary'';
(2) by inserting before paragraph (1) the following:
``(1) 1 or more States or units of local government, for 1
or more of the purposes specified in section 501, pursuant to
his determination that the same is necessary--'';
(3) by redesignating paragraph (1) as subparagraph (A);
(4) in paragraph (2)--
(A) by striking the period at the end and inserting
``; or''; and
(B) by redesignating paragraph (2) as subparagraph
(B); and
(5) by adding at the end the following:
``(2) 1 or more States, if that State has demonstrated, in
the determination of the Attorney General, that the State has
adopted policies, procedures, protocols, laws or regulations
pertaining to the possession or transfer of firearms or
ammunition that--
``(A) impose restrictions and penalties
substantially similar to or more comprehensive than
those in paragraphs (8) and (9) of subsection (d) and
paragraphs (8) and (9) of subsection (g) of section 922
of title 18, United States Code;
``(B) require that State and local courts--
``(i) consider whether an individual being
prosecuted for a crime for which the
restrictions described in paragraph (1) apply
possesses firearms that--
``(I) have been or are likely to be
used to threaten, harass, menace, or
harm the victim or the victim's child;
or
``(II) may otherwise pose a danger
to the victim and the victim's child;
``(ii) consider whether an individual who
is subject to any other protection order as
defined by section 2266(s) of title 18, United
States Code, or who is subject to any other
protection order for which the restrictions
described in paragraph (1) do not ordinarily
apply possesses firearms that--
``(I) have been or are likely to be
used to threaten, harass, menace, or
harm the victim; or
``(II) may otherwise pose a danger
to the victims; and
``(iii) order the seizure or surrender of
firearms and ammunition from individuals
subject to the restrictions described in
paragraph (1) or any of the findings specified
in clause (i) or (ii) of subparagraph (A) or
clause (i) or (ii) of subparagraph (B);
``(C) are designed to ensure that State or local
law enforcement execute the seizure or surrender of
firearms and ammunition authorized in paragraph (2)(C)
when a person subject to a protection order or a person
being prosecuted for or convicted of a crime for which
the restrictions described in paragraph (1) apply is
reported to possess firearms and the firearms are
obtained or possessed illegally;
``(D) provide for the seizure or surrender of
firearms and ammunition described in paragraph (2)(C)
and return of such firearms and ammunition in a manner
that protects the safety of persons victimized by
individuals who are subject to protection orders or
charged or convicted of a crime for which the
restrictions described in paragraph (1) apply; and
``(E) give State and local law enforcement the
authority, to the extent allowable under Federal laws
and the United States Constitution, to seize firearms
or ammunition when responding to domestic violence
situations where there is probable cause to believe
such firearms and ammunition are contraband, illegally
in the possession of the offender, have been or are
likely to be used to threaten, harass, menace, or harm
the victim, or may otherwise pose a danger to the
victim.''. | Domestic Violence Criminal Disarmament Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to reserve not more than 5% of Edward Byrne Memorial Justice Assistance Grant Program funds for one or more states that have demonstrated that such a state has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those under federal criminal code provisions prohibiting the sale or other disposition of a firearm or ammunition to a person who has been convicted of domestic violence or who is subject to a protective order with respect to an intimate partner; require state and local courts to: (1) consider whether such person possesses firearms that have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child or may otherwise pose a danger to the victim; and (2) order the seizure or surrender of firearms and ammunition from such person; are designed to ensure that state or local law enforcement execute the seizure or surrender of authorized firearms and ammunition when such person is reported to possess firearms that are obtained or possessed illegally; provide for the seizure or surrender of authorized firearms and ammunition and the return of such firearms and ammunition in a manner that protects the safety of victims of such persons; and give state and local law enforcement the authority, to the extent allowable under federal laws and the U.S. Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim. | {"src": "billsum_train", "title": "Domestic Violence Criminal Disarmament Act of 2013"} | 895 | 394 | 0.621646 | 1.860668 | 0.88937 | 5.484419 | 2.495751 | 0.917847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commemoration of the Victory of
Freedom in the Cold War Act''.
SEC. 2. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The Cold War between the United States and the former
Union of Soviet Socialist Republics was the longest and most
costly struggle for democracy and freedom in the history of
mankind.
(2) Whether millions of people all over the world would
live in freedom hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle
and paid the costs in order to preserve and promote democracy
and freedom.
(4) The Armed Forces and the taxpayers of the United States
bore the greatest portion of such a burden and struggle in
order to protect such principles.
(5) Tens of thousands of United States soldiers, sailors,
Marines, and airmen paid the ultimate price during the Cold War
in order to preserve the freedoms and liberties enjoyed in
democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized
the totalitarianism that the United States struggled to
eradicate during the Cold War.
(7) The end of the Union of Soviet Socialist Republics on
December 26, 1991, marked the end for Soviet totalitarianism,
and thus the end of the Cold War.
(8) December 26, 2001, is the 10th anniversary of the fall
of the Soviet Union.
(b) Cold War Medal.--(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1133. Cold War medal: award
``(a) Award.--There is hereby authorized an award of an appropriate
decoration, as provided for under subsection (b), to each person who
served honorably in the armed forces during the Cold War in order to
recognize the contributions of those person to United States victory in
the Cold War.
``(b) Design.--The Chairman of the Joint Chiefs of Staff shall,
under regulations prescribed by the President, design for purposes of
this section a decoration called the `Reagan-Truman Victory in the Cold
War Medal'. The decoration shall be of appropriate design, with ribbons
and appurtenances.
``(c) Period of Cold War.--In this section, the term `Cold War'
shall mean the period beginning on September 2, 1945, and ending on
December 26, 1991.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1133. Cold War medal: award.''.
(c) Participation of Armed Forces in Celebration of Anniversary of
End of Cold War.--(1) Subject to paragraphs (2) and (3), amounts
appropriated for operation and maintenance for the Army shall be
available for the purpose of covering the costs of the Armed Forces in
participating in a celebration of the 10th anniversary of the end of
the Cold War to be held in Washington, District of Columbia, on
December 26, 2001.
(2) The total amount of funds available under paragraph (1) for the
purpose stated in that paragraph may not exceed $15,000,000.
(3)(A) The Secretary of Defense may accept contributions from the
private sector for the purpose of reducing the costs of the Armed
Forces described in paragraph (1).
(B) The amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall be reduced by an amount equal
to the amount of contributions accepted by the Secretary under
subparagraph (A).
(d) Commission on Victory in the Cold War.--(1) There is hereby
established a commission to be known as the ``Commission on Victory in
the Cold War'' (in this subsection to be referred to as the
``Commission'').
(2) The Commission shall be composed of twelve members, as follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the House of
Representatives.
(C) Three shall be appointed by the majority leader of the
Senate.
(D) Two shall be appointed by the minority leader of the
House of Representatives.
(E) Two shall be appointed by the minority leader of the
Senate.
(3) The Commission shall have as its duty the review of the
expenditure of funds by the Armed Forces under subsection (c) before
the participation of the Armed Forces in the celebration referred to in
paragraph (1) of that subsection, whether such funds are derived from
funds of the United States or from amounts contributed by the private
sector under paragraph (3)(A) of that subsection.
(4) In addition to the duties provided for under paragraph (3), the
Commission shall also have the authority to design and award medals and
decorations to current and former public officials and other
individuals whose efforts were vital to United States victory in the
Cold War.
(5) The Commission shall be chaired by two individuals as follows:
(A) One selected by and from among those appointed pursuant
to subparagraphs (A), (D), and (E) of paragraph (2).
(B) One selected by and from among those appointed pursuant
to subparagraphs (B) and (C) of paragraph (2). | Commemoration of the Victory of Freedom in the Cold War Act - Requires the Chairman of the Joint Chiefs of Staff to: (1) design a decoration to be known as the Reagan-Truman Victory in the Cold War Medal; and (2) award such medal to each person who served honorably in the armed forces during the Cold War in order to recognize the contributions of those persons to U.S. victory.
Makes certain Army appropriations available to cover the costs of the armed forces in participating in a celebration of the 10th anniversary of the end of the Cold War to be held in Washington, D.C., on December 26, 2001.
Establishes the Commission on Victory in the Cold War to: (1) review the expenditure of funds by the armed forces before its participation in the celebration; and (2) design and award medals and decorations to current and former public officials and other individuals whose efforts were vital to U.S. victory. | {"src": "billsum_train", "title": "Commemoration of the Victory of Freedom in the Cold War Act"} | 1,133 | 204 | 0.604891 | 1.795644 | 0.809375 | 5.761111 | 6.272222 | 0.938889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pediatric Diabetes Research and
Prevention Act''.
SEC. 2. PROGRAMS REGARDING DIABETES IN CHILDREN AND YOUTH.
(a) National Registry on Juvenile Diabetes.--The Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), acting through the Director of the Centers for Disease
Control and Prevention, shall develop a system to collect data on
juvenile diabetes, including with respect to incidence and prevalence,
and shall establish a national database for such data.
(b) Long-Term Epidemiology Studies on Juvenile Diabetes.--
(1) In general.--The Secretary, acting through the Director
of the National Institutes of Health, shall conduct or support
long-term epidemiology studies in which individuals with type
1, or juvenile, diabetes are followed for 10 years or more.
Such studies shall, in order to provide a valuable resource for
the purposes specified in paragraph (2), provide for complete
characterization of disease manifestations, appropriate medical
history, elucidation of environmental factors, delineation of
complications, results of usual medical treatment and a variety
of other potential valuable (such as samples of blood).
(2) Purposes.--The purposes referred to in paragraph (1)
with respect to type 1 diabetes are the following:
(A) Delineation of potential environmental triggers
thought precipitating or causing type 1 diabetes.
(B) Delineation of those clinical characteristics
or lab measures associated with complications of the
disease.
(C) Potential study population to enter into
clinical trials for prevention and treatment, as well
as genetic studies.
(c) Type 2 Diabetes in Youth.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
implement a national public health effort to address type 2 diabetes in
youth, including--
(1) enhancing surveillance systems and expanding research
to better assess the prevalence of type 2 diabetes in youth and
determine the extent to which type 2 diabetes is incorrectly
diagnosed as type 1 diabetes among children; and
(2) assisting States in establishing coordinated school
health programs and physical activity and nutrition
demonstration programs to control weight and increase physical
activity among youth.
(d) Clinical Trial Infrastructure/Innovative Treatments for
Juvenile Diabetes.--The Secretary, acting through the Director of the
National Institutes of Health, shall support regional clinical centers
for the cure of juvenile diabetes and shall through such centers
provide for--
(1) well-characterized population of children appropriate
for study;
(2) well-trained clinical scientists able to conduct such
trials;
(3) appropriate clinical settings able to house such
studies; and
(4) appropriate statistical capability, data, safety and
other monitoring capacity.
(e) Development of Vaccine.--The Secretary, acting through the
appropriate agencies of the Public Health Service, shall provide for a
national effort to develop a vaccine for type 1 diabetes. Such effort
shall provide for a combination of increased efforts in research and
development of candidate vaccines, coupled with appropriate ability to
conduct large clinical trials in children.
(f) Loan Repayment Program.--Part G of title IV of the Public
Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting
after section 487E the following section:
``loan repayment program for research on diabetes in children
``Sec. 487F. (a) In General.--The Secretary, in consultation with
the Director of the National Institute of Diabetes and Digestive and
Kidney Diseases, shall establish a program of entering into contracts
with qualified health professionals (including graduate students) under
which such health professionals agree to conduct research regarding
diabetes in children in consideration of the Federal Government
agreeing to repay, for each year of such service, not more than $35,000
of the principal and interest of the educational loans of such health
professionals.
``(b) Adjustments Regarding Cost of Living.--With respect to the
limitation established in subsection (a) on the annual amount of
repayment that may be made, the Secretary may make such periodic
adjustments to the limitation to reflect increases in the cost of
living as the Secretary deems necessary.
``(c) Applicability of Certain Provisions.--With respect to the
National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III, the provisions of such subpart
shall, except as inconsistent with subsection (a) of this section,
apply to the program established in such subsection (a) in the same
manner and to the same extent as such provisions apply to the National
Health Service Corps Loan Repayment Program established in such
subpart.
``(d) Definition.--For purposes of this section, the term `diabetes
in children' includes Type 1 diabetes in children and Type 2 diabetes
in children.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2001 through 2005.
Amounts available for carrying out this section shall remain available
until the expiration of the second fiscal year beginning after the
fiscal year for which the amounts were made available.''.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2001 through 2004. | Directs the Secretary, acting through the Director of the National Institutes of Health, to conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more.
Authorizes appropriations. | {"src": "billsum_train", "title": "Pediatric Diabetes Research and Prevention Act"} | 1,169 | 53 | 0.589253 | 1.484434 | 0.749013 | 8.170213 | 23.212766 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fixing America's Inconsistent
Redistricting (FAIR) Act''.
SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF
NONPARTISAN SERVICE AGENCIES OF STATE LEGISLATURES.
(a) Use of Nonpartisan Plan.--Notwithstanding any other provision
of law, any Congressional redistricting conducted by a State shall be
conducted in accordance with a redistricting plan--
(1) developed by a nonpartisan agency of the legislative
branch of the State government in accordance with section 3;
and
(2) enacted into law by the State in accordance with
section 4.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in the manner
provided by the Fixing America's Inconsistent Redistricting (FAIR)
Act''.
SEC. 3. DEVELOPMENT OF PLAN.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Not later than each December 31 of the
year preceding a redistricting year, each State shall establish
a nonpartisan agency in the legislative branch of the State
government to develop the redistricting plan for the State for
the redistricting year.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to develop the redistricting plan for the State
under this Act, so long as the agency meets the requirements
for nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(b) Development of Redistricting Plan.--
(1) Criteria.--The nonpartisan agency established or
designated by a State under this section shall develop a
redistricting plan for the State in accordance with the
following criteria:
(A) Adherence to the ``one person, one vote''
standard and other requirements imposed under the
Constitution of the United States.
(B) To the greatest extent mathematically possible,
ensuring that the population of each Congressional
district in the State does not vary by more than one
percent from the population of any other Congressional
district in the State (as determined on the basis of
the total count of persons of the most recent decennial
census conducted by the Bureau of the Census).
(C) Consistency with any applicable requirements of
the Voting Rights Act of 1965 and other Federal laws.
(D) Ensuring that districts are contiguous (except
to the extent necessary to include any area which is
surrounded by a body of water).
(E) To the greatest extent practicable, the
maintenance of the geographic continuity of the
political subdivisions of the State which are included
in the same Congressional district.
(F) To the greatest extent practicable, maintaining
compact districts.
(2) Factors prohibited from consideration.--In developing
the redistricting plan for the State, the nonpartisan agency
may not take into consideration any of the following factors,
except to the extent necessary to comply with the Voting Rights
Act of 1965:
(A) The residence of incumbent Members of the House
of Representatives in the State.
(B) The voting history of the population of a
Congressional district, except that the agency may take
such history into consideration to the extent necessary
to comply with any State law which requires the
establishment of competitive Congressional districts.
(C) The political party affiliation of the
population of a district.
(c) Submission of Plan to Legislature and Temporary Redistricting
Advisory Commission.--Not later than April 1 of the redistricting year,
the nonpartisan agency shall submit the redistricting plan developed
under this section to the State legislature and to the Temporary
Redistricting Advisory Commission of the legislature established under
section 4(a).
SEC. 4. ENACTMENT OF PLAN BY STATE LEGISLATURE.
(a) Role of Temporary Redistricting Advisory Commission.--
(1) In general.--Not later than February 15 of each
redistricting year, each State shall appoint a commission to be
known as the ``Temporary Redistricting Advisory Commission''
(hereafter referred to as the ``Commission''), consisting of--
(A) 2 members, of whom 1 shall be appointed by the
majority leader of the upper house of the State
legislature and 1 shall be appointed by the majority
leader of the lower house of the State legislature (or,
in the case of a State with a unicameral legislature,
both of whom shall be appointed by the majority leader
of the legislature);
(B) 2 members, of whom 1 shall be appointed by the
minority leader of the upper house of the State
legislature and 1 shall be appointed by the minority
leader of the lower house of the State legislature (or,
in the case of a State with a unicameral legislature,
both of whom shall be appointed by the minority leader
of the legislature); and
(C) 1 member appointed by a majority vote of the
members appointed under the previous subparagraphs.
(2) Qualifications.--An individual is eligible to serve as
a member of the Commission if the individual meets each of the
following requirements:
(A) The individual is an eligible elector of the
State at the time of appointment.
(B) The individual does not hold a partisan
political office or serve as an officer of a political
party.
(C) The individual is not an employee or an
immediate family member of a member of the State
legislature or member of Congress, or an employee of
the State legislature or Congress. In this
subparagraph, the term ``immediate family member''
means, with respect to an individual, a father, mother,
son, daughter, brother, sister, husband, wife, father-
in-law, or mother-in-law.
(3) Assistance to nonpartisan agency.--At the request of
the nonpartisan agency established or designated under section
3, the Commission shall provide guidance to the agency in its
development of the redistricting plan for the State.
(4) Review of nonpartisan agency plan.--
(A) Hearings.--Upon receiving the redistricting
plan from the nonpartisan agency under section 3(c),
the Commission shall analyze and review the plan, and
shall hold at least 3 public hearings in various
geographic areas of the State to solicit comments on
the plan.
(B) Report to legislature.--Not later than 14 days
after receiving the redistricting plan from the
nonpartisan agency under section 3, the Commission
shall submit a report to the State legislature which
includes the Commission's recommendation regarding
whether the legislature should adopt or reject the
plan, taking into account any comments provided at the
hearings held under subparagraph (A), as well as any
other comments and conclusions regarding the plan which
the Commission considers appropriate.
(5) Termination.--The Commission shall terminate upon the
enactment into law of the redistricting plan for the State.
(b) Action by State Legislature and Chief Executive To Enact
Plan.--
(1) Consideration of plan by legislature.--Not later than 3
days after receiving the Commission's report under subsection
(a) on the redistricting plan developed by the nonpartisan
agency, the State legislature shall either--
(A) approve the plan as submitted by the
nonpartisan agency without amendment and forward the
plan to the chief executive of the State; or
(B) reject the plan.
(2) Enactment of plan.--
(A) In general.--A redistricting plan developed by
the nonpartisan agency shall be considered to be
enacted into law if the plan is forwarded to the chief
executive of the State pursuant to paragraph (1)(A)
and--
(i) the chief executive approves the plan
as forwarded by the legislature without
amendment; or
(ii) the chief executive vetoes the plan
and the legislature overrides the veto in
accordance with the applicable law of the
State, except that at no time may the plan be
amended.
(B) Special rule.--In the case of a State in which
the chief executive is prohibited under State law from
acting on a redistricting plan, a redistricting plan
developed by the nonpartisan agency shall be considered
to be enacted into law if the State legislature
approves the plan as submitted by the nonpartisan
agency without amendment.
(c) Effect of Rejection of Plan.--
(1) Rejection by legislature.--If the State legislature
votes under subsection (b)(1) to reject the redistricting plan
of the nonpartisan agency, not later than 7 days after the vote
to reject the plan the legislature shall submit to the
nonpartisan agency and disseminate publicly a statement of the
legislature's reasons for rejecting the plan.
(2) Veto by chief executive.--If the chief executive vetoes
the redistricting plan of the nonpartisan agency and the State
legislature fails to override the veto, not later than 7 days
after the failed vote to override the veto the chief executive
shall submit to the nonpartisan agency and disseminate publicly
a statement of the chief executive's reasons for vetoing the
plan.
(3) Development and submission of revised plan.--Not later
than 35 days after receiving a statement from the State
legislature under paragraph (1) or a statement from the chief
executive of the State under paragraph (2) (as the case may
be), the nonpartisan agency established or designated under
section 3 shall develop a revised redistricting plan for the
State which is consistent with the criteria set forth in
section 3(b) but which addresses the reasons provided under
paragraph (1) or paragraph (2) (as the case may be) for the
rejection of the plan, and shall submit the revised plan to the
State legislature.
(4) Consideration of revised plan by legislature.--Not
later than 7 days after receiving the revised redistricting
plan under paragraph (3), the State legislature shall either--
(A) approve the revised plan as submitted by the
nonpartisan agency without amendment and forward the
plan to the chief executive of the State; or
(B) reject the plan.
(5) Enactment of revised plan.--Subsection (b)(2) shall
apply with respect to the enactment of the revised plan
developed and submitted by the nonpartisan agency under
paragraph (3) in the same manner as such subsection applies
with respect to the initial redistricting plan developed and
submitted by the agency under such subsection.
(d) Effect of Rejection of Revised Plan; Permitting Legislature To
Amend Second Revised Plan.--
(1) Rejection by legislature.--If the State legislature
votes under subsection (c)(4) to reject the revised
redistricting plan of the nonpartisan agency, not later than 7
days after the vote to reject the plan the legislature shall
submit to the nonpartisan agency and disseminate publicly a
statement of the legislature's reasons for rejecting the
revised plan.
(2) Veto by chief executive.--If the chief executive vetoes
the revised redistricting plan of the nonpartisan agency and
the State legislature fails to override the veto, not later
than 7 days after the failed vote to override the veto the
chief executive shall submit to the nonpartisan agency and
disseminate publicly a statement of the chief executive's
reasons for vetoing the revised plan.
(3) Development and submission of second revised plan.--Not
later than 35 days after receiving a statement from the State
legislature under paragraph (1) or a statement from the chief
executive of the State under paragraph (2) (as the case may
be), the nonpartisan agency established or designated under
section 3 shall develop a second revised redistricting plan for
the State which is consistent with the criteria set forth in
section 3(b) but which addresses the reasons provided under
paragraph (1) or paragraph (2) (as the case may be) for the
rejection of the revised plan, and shall submit the second
revised plan to the State legislature.
(4) Consideration of second revised plan by legislature.--
Not later than 7 days after receiving the second revised
redistricting plan under paragraph (3), the State legislature
shall either--
(A) approve the second revised plan as submitted by
the nonpartisan agency with or without amendment and
forward the plan to the chief executive of the State;
or
(B) reject the plan.
(5) Enactment of second revised plan.--Subsection (b)(2)
shall apply with respect to the enactment of the second revised
plan developed and submitted by the nonpartisan agency under
paragraph (3) in the same manner as such subsection applies
with respect to the initial redistricting plan developed and
submitted by the agency under such subsection.
(e) Rejection of Second Revised Plan.--
(1) Development of plan by highest court of state.--If the
second revised redistricting plan developed and submitted under
subsection (d) is not enacted into law, the highest court of
the State shall assume sole responsibility for the development
and enactment of the redistricting plan for the State, and
shall publish the plan it develops not later than November 15
of the redistricting year.
(2) Application of same criteria used by nonpartisan
agency.--Section 3(b) shall apply with respect to the
development of the redistricting plan by a court under this
subsection in the same manner as such section applies to the
development of the plan by the nonpartisan agency under section
3.
(3) Enactment upon publication.--Upon the publication by
the highest court of the State of the redistricting plan under
this subsection, the plan shall be deemed to be enacted into
law.
SEC. 5. REDISTRICTING YEAR DEFINED.
In this Act, the term ``redistricting year'' means, with respect to
a State, the year in which the chief executive officer of the State
receives the notice from the Clerk of the House of Representatives
under section 22(b) of the Act entitled ``An Act to provide for the
fifteenth and subsequent decennial censuses and to provide for an
apportionment of Representatives in Congress'', approved June 18, 1929
(2 U.S.C. 2a), of the number of Representatives to which the State is
entitled.
SEC. 6. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any Congressional redistricting which occurs after the
regular decennial census conducted during 2020. | Fixing America's Inconsistent Redistricting (FAIR) Act - Requires any congressional redistricting conducted by a state to be conducted in accordance with a redistricting plan developed by a nonpartisan agency of the legislative branch of the state government and enacted into law by the state. Requires each state, by December 31 of the year preceding a redistricting year, to establish a nonpartisan agency in the state government's legislative branch to develop the state's redistricting plan according to specified criteria. Requires the state to appoint a Temporary Redistricting Advisory Commission by February 15 of each redistricting year to: (1) guide the agency in development of the plan, (2) analyze and review the plan, and (3) recommend to the state legislature whether it should be adopted or rejected. Requires the state legislature to approve or reject the plan within three days after receiving the Commission's report. Prescribes requirements for development and submission of revised plans when preceding plans are rejected. | {"src": "billsum_train", "title": "Fixing America's Inconsistent Redistricting (FAIR) Act"} | 3,467 | 238 | 0.694651 | 1.820565 | 0.900261 | 3.608939 | 17.251397 | 0.927374 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Yellowstone Reclamation
Projects Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Intake irrigation district.--The term ``Intake
Irrigation District'' means the Irrigation District by that
name that is organized under the laws of the State of Montana
and operates the Intake Project.
(2) Intake project.--The term ``Intake Project'' means the
Federal irrigation development operated by the Intake
Irrigation District and authorized under the terms of the Act
of August 11, 1939 (chapter 717; 53 Stat. 1418).
(3) Irrigation districts.--The term ``Irrigation
Districts'' means--
(A) the Intake Irrigation District;
(B) the Lower Yellowstone Irrigation District No.
1;
(C) the Lower Yellowstone Irrigation District No.
2; and
(D) the Savage Irrigation District.
(4) Lower yellowstone irrigation district no. 1.--The term
``Lower Yellowstone Irrigation District No. 1'' means the
irrigation district by that name that is organized under the
laws of the State of Montana and operates the part of the Lower
Yellowstone Irrigation Project located in the State of Montana.
(5) Lower yellowstone irrigation district no. 2.--The term
``Lower Yellowstone Irrigation District No. 2'' means the
irrigation district by that name organized under the laws of
the State of North Dakota and operates the part of the Lower
Yellowstone Irrigation Project located in the State of North
Dakota.
(6) Lower yellowstone irrigation project.--The term ``Lower
Yellowstone Irrigation Project'' means the Federal irrigation
development operated by Lower Yellowstone Irrigation District
No. 1 and Lower Yellowstone Irrigation District No. 2 and
authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat.
388).
(7) Memorandum of understanding.--The term ``Memorandum of
Understanding'' means the memorandum of understanding dated
November 16, 1999, and any subsequent replacements or
amendments between the Districts and the Montana Area Office,
Great Plains Region, Bureau of Reclamation, for the purpose of
defining certain principles by which the title to the projects
will be transferred from the United States to the districts.
(8) Pick-sloan missouri basin program.--The term ``Pick-
Sloan Missouri Basin Program'' means the comprehensive Federal
program for multipurpose benefits within the Missouri River
Basin including irrigation authorized by section 9 of the Act
of December 22, 1944, commonly known as the ``Flood Control Act
of 1944'' (chapter 665; 58 Stat. 891).
(9) Pick-sloan missouri basin program project use power.--
The term ``Pick-Sloan Missouri Basin Program Project Use
Power'' means power available for establishing and maintaining
the irrigation developments of the Pick-Sloan Missouri Basin
Program.
(10) Projects.--The term ``Projects'' means--
(A) the Lower Yellowstone Irrigation Project;
(B) the Intake Project; and
(C) the Savage Unit.
(11) Savage irrigation district.--The term ``Savage
Irrigation District'' means the irrigation district by that
name that is organized under the laws of the State of Montana
and operates the Savage Unit.
(12) Savage unit.--The term ``Savage Unit'' means the
Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal
irrigation development authorized by the Act of December 22,
1944, commonly known as the ``Flood Control Act of 1944''
(chapter 665; 58 Stat. 891).
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF PROJECTS.
(a) Conveyances.--
(1) General.--The Secretary shall convey works, facilities,
and lands of the Projects to the Irrigation Districts in
accordance with all applicable laws and pursuant to the terms
of the Memorandum of Understanding.
(2) Lands.--
(A) General.--All lands, easements, and rights-of-
way the United States possesses that are to be conveyed
by the Secretary to the respective irrigation districts
shall be conveyed by quitclaim deed. Conveyance of such
lands, easements, and rights-of-way is subject to
permits, licenses, leases, rights-of-use, or right-of-
way of record outstanding in third parties on, over, or
across such lands, easements, and rights-of-way.
(B) Mineral rights.--Conveyance of all lands herein
described shall be subject to a reservation by the
United States reserving all minerals of a nature
whatsoever, excluding sand and gravel, and subject to
oil, gas, and other mineral rights heretofore reserved
of record by or in favor of third parties.
(3) Water rights.--The Secretary shall transfer to the
respective Irrigation Districts in accordance with and subject
to the law of the State of Montana, all natural flow,
wastewater, seepage, return flow, domestic water, stock water,
and groundwater rights held in part or wholly in the name of
the United States that are used to serve the lands within the
Irrigation Districts.
(4) Costs.--
(A) Reclamation withdrawn lands.--The Irrigation
Districts shall purchase Reclamation withdrawn lands as
identified in the Memorandum of Understanding for their
value in providing operation and maintenance benefits
to the Irrigation Districts.
(B) Savage unit repayment obligations.--
(i) Savage irrigation district.--As a
condition of transfer, the Secretary shall
receive an amount from the Savage Irrigation
District equal to the present value of the
remaining water supply repayment obligation of
$60,480 that shall be treated as full payment
under Contract Number I1r-1525, as amended and
as extended by Contract No. 9-07-60-W0770.
(ii) Pick-sloan missouri basin program
construction obligation.--As a condition of
transfer, the Secretary shall accept $94,727 as
payment from the Pick-Sloan Missouri Basin
Program (Eastern Division) power customers
under the terms specified in this section, as
consideration for the conveyance under this
subsection. This payment shall be out of the
receipts from the sale of power from the Pick-
Sloan Missouri Basin Program (Eastern Division)
collected by the Western Area Power
Administration and deposited into the
Reclamation fund of the Treasury in fiscal year
2003. This payment shall be treated as full and
complete payment by the power customers of the
construction aid-to-irrigation associated with
the facilities of the Savage Unit.
(b) Revocation of Reclamation Withdrawals and Orders.--
(1) The Reclamation withdrawal established by Public Land
Order 4711 dated October 6, 1969, for the Lower Yellowstone
Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59
E., is hereby revoked in its entirety.
(2) The Secretarial Order of March 22, 1906, which was
issued for irrigation works on lots 3 and 4 section 2, T. 23N.,
R. 59E., and Secretarial Order of August 8, 1905, which was
issued for irrigation works in section 2, T. 17 N., R. 56 E.
and section 6, T. 17 N., R. 57 E., are hereby revoked in their
entirety.
(3) The Secretarial Order of August 24, 1903, and July 27,
1908, which were issued in connection with the Lower
Yellowstone Irrigation Project, are revoked insofar as they
affect the following lands:
(A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N.,
R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3
and 6 and 7 of Sec. 12, T.21N., R.58E.; SW\1/4\NW\1/4\
of Sec. 26, T.22N., R.58E; lots 1 and 4 and 7 and NW\1/
4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of Sec. 13,
T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in the
Principal Meridian, Montana.-
(B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3
and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and
lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N.,
R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in
the Fifth Principal Meridian, North Dakota.
SEC. 4. REPORT.
If the conveyance under this Act has not occurred within 2 years
after the date of the enactment of this Act, the Secretary shall submit
to the Congress a status report.
SEC. 5. RECREATION MANAGEMENT.
As a condition of the conveyance of lands under section 3, the
Secretary shall require that Lower Yellowstone Irrigation District No.
1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual
conservation easement to the State of Montana, at no cost to the State,
for the purposes of protecting, preserving, and enhancing the
conservation values and permitting recreation on Federal lands in part
to be conveyed under this Act. Lower Yellowstone Irrigation District
No. 1, Lower Yellowstone Irrigation District No. 2, and the State of
Montana have mutually agreed upon such conservation easement.
SEC. 6. PROJECT PUMPING POWER.
The Secretary shall sustain the irrigation developments established
by the Lower Yellowstone and Intake Projects and the Savage Unit as
components of the irrigation plan under the Pick-Sloan Missouri River
Basin Program and shall continue to provide the Irrigation Districts
with Pick-Sloan Missouri River Basin Project Use power at the
Irrigation Districts' pumping plants, except that the rate shall be at
the preference power rate and there shall be no ability-to-pay
adjustment.
SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.
(a) General.--As a condition of transfer, the Secretary, prior to
the conveyances under section 3 and in cooperation with the Irrigation
Districts, shall provide fish protection devices to prevent juvenile
and adult fish from entering the Main Canal of the Lower Yellowstone
Irrigation Project and allow bottom dwelling fish species to migrate
above the Project's Intake Diversion Dam.
(b) Participation.--The Secretary and the Irrigation District shall
work cooperatively in planning, engineering, and constructing the fish
protection devices.
(c) Monitoring.--The Secretary, acting through the Commissioner of
the Bureau of Reclamation and the Director of the United States Fish
and Wildlife Service, shall establish and conduct a monitoring plan to
measure the effectiveness of the devices for a minimum of 2 years after
construction is completed. The Commissioner of the Bureau of
Reclamation shall be responsible to modify the devices as necessary to
ensure proper functioning.
(d) Yellowstone River Fisheries Protection Devices Costs.--The cost
incurred in planning, engineering, constructing, monitoring, and
modifying all fish protection devices shall be deemed non-reimbursable.
(e) Operation, Maintenance and Replacements.--Following completion
of the construction period and the two-year monitoring period, the
Districts shall operate, maintain, and replace the fisheries protection
devices in a manner to ensure proper functioning.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.
SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.
Upon conveyance of the projects under this Act, the Irrigation
Districts shall not be subject to the Reclamation laws or entitled to
receive any Reclamation benefits under those laws except as provided in
section 6.
SEC. 9. LIABILITY.
Effective on the date of conveyance of a project under this Act,
the United States shall not be liable under any State or Federal law
for damages of any kind arising out of any act, omission, or occurrence
relating to the projects, except for damages caused by acts of
negligence committed by the United States or by its employees, agents,
or contractors prior to the date of this conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of title 28,
United States Code, popularly known as the Federal Tort Act.
SEC. 10. COMPLIANCE WITH LAWS.
As a condition of the conveyances under section 3, the Secretary
shall by no later than the date on which the conveyances occur complete
appropriate analyses of the transfer in compliance with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and other applicable laws. | Lower Yellowstone Reclamation Projects Conveyance Act - (Sec. 3) Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Project, and the Savage Unit to the Lower Yellowstone Irrigation Districts One (Montana) and Two (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding (the Memorandum) reached between the Districts and the Bureau of Reclamation on November 16, 1999.States that all lands, easements, and rights-of-way that are to be conveyed under this Act shall be conveyed by quitclaim deed. Subjects such conveyances to permits, licenses, and other arrangements outstanding in third parties on, over, or across such lands, easements, and rights-of-way. States that the United States shall retain the mineral rights on the lands being conveyed, subject to the mineral rights heretofore reserved by or in favor of third parties.Directs the Secretary to transfer to the respective Districts, in accordance with and subject to the law of the State of Montana, the water rights held in part or wholly in the name of the United States that are used to serve the lands within the Districts.Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept from: (1) the Savage Irrigation District, as a condition of transfer, an amount equal to the present value of the remaining water supply repayment obligation of $60,480, which shall be treated as full payment of such District's share of the construction of the Savage Unit; and (2) the Pick Sloan Missouri Basin Program (Eastern Division) power customers, as a condition of transfer, an amount equal to $94,727, which shall be considered full payment for the construction aid-to-irrigation associated with the facilities of the Savage Unit.Revokes certain reclamation withdrawals and orders.(Sec. 4) Requires the Secretary to submit a status report to Congress if, two years after the enactment of this Act, the conveyance under this Act has not occurred.(Sec. 5) Directs the Secretary to require as a condition of conveyance that Yellowstone Irrigation Districts One and Two grant a perpetual conservation easement to the State of Montana (as agreed to by the parties), at no cost to the State, for the purposes of: (1) maintaining conservation values; and (2) permitting recreation on Federal lands in part to be conveyed under this Act.(Sec. 6) Provides for the continued supply by the Secretary to the Districts of Pick-Sloan Missouri River Basin Project Use pumping power service.(Sec. 7) Requires the Secretary to: (1) provide fish protection devices to prevent fish from entering the main canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam; and (2) conduct a monitoring plan to measure the effectiveness of such devices for a minimum of two years. Directs that following the two-year monitoring period, the Districts shall assume responsibility for operating the fish protection devices.(Sec. 8) Declares that upon conveyance of the projects under this Act, the Districts shall not be subject to the Reclamation laws or entitled to Reclamation benefits under those laws except with regards to project pumping power.(Sec. 9) Exempts the United States from being held liable under any State or Federal law for damages relating to the projects, except for damages caused by acts of negligence by the United States or its employees, agents, or contractors prior to the date of this conveyance.(Sec. 10) Directs the Secretary, as a condition of the conveyances, to complete appropriate analyses of the transfer in compliance with applicable laws. | {"src": "billsum_train", "title": "To convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts."} | 3,063 | 923 | 0.624518 | 2.011661 | 0.513381 | 4.870166 | 3.484807 | 0.947514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurses for Under-Resourced Schools
Everywhere Act'' or the ``NURSE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Academy of Pediatrics emphasizes the
crucial role of school nurses in the seamless provision of
comprehensive health services to children and youth, as well as
in the development of a coordinated school health program.
(2) The school nurse functions as a leader and the
coordinator of the school health services team, facilitating
access to a medical home for each child and supporting academic
achievement.
(3) School nurses promote wellness and disease prevention
to improve health outcomes for our Nation's children. In
addition, school nurses perform early intervention services
such as periodic assessments for vision, hearing, and dental
problems, in an effort to remove barriers to learning.
(4) Recent national data indicates 45 percent of public
schools have a school nurse all day, every day, while another
30 percent of schools have a school nurse who works part time
in one or more schools.
(5) The American Nurses Association has reported that when
there is no registered nurse on the school premises, the
responsibility to administer the necessary medications and
treatments, and appropriate monitoring of the children, falls
on the shoulders of administrators, educators, and staff who
are ill-prepared to perform these tasks.
(6) Statistics from the National Center for Education
Statistics indicate that 15 to 18 percent of the 52,000,000
students who currently spend their day in school have a chronic
health condition.
(7) A recent study indicated that from 2002 to 2008, the
percentage of children in special education with health
impairments, due to chronic or acute health problems, increased
by 60 percent. School nurses use their specialized knowledge,
assessment skills, and judgment to manage children's
increasingly complex medical conditions and chronic health
illnesses.
(8) Among adolescents aged 12 to 19 years old, the
prevalence of prediabetes and diabetes increased from 9 percent
to 23 percent between 1999 and 2008. More than 30 percent of
children aged 2 to 19 years old are obese or overweight
(defined as having a body mass index of greater than the 85th
percentile). In 2008, more than 10,000,000 children in the
United States had asthma. The prevalence of food allergies
among children under the age of 18 increased 19 percent from
1997 to 2007.
(9) According to the American Academy of Pediatrics,
students today face increased social and emotional issues,
which enhance the need for preventive services and
interventions for acute and chronic health issues. School
nurses are actively engaged members of school-based mental
health teams and spend nearly 32 percent of their time
providing mental health services, including universal and
targeted interventions, screenings to identify early warning
signs and provide referrals to medical providers, and crisis
planning.
(10) In 2011, the Bureau of the Census reported 9.7 percent
of children under the age of 19, which equals 7,600,000
children under the age of 19, were without health insurance.
Data shows that uninsured children achieve lower educational
outcomes than those with health coverage. Children who cannot
afford to see a medical provider miss more days of school,
experience increased severity of illness, and suffer from
disparities in health.
(11) More than 1,600,000 children experience homelessness
each year in the United States. Homeless children develop
increased rates of acute and chronic health conditions, and the
stress of their living situation can negatively affect their
development and ability to learn. As a result, schools have
become the primary access to health care for many children and
adolescents. School nurses serve on the front lines as a safety
net for the Nation's most vulnerable children.
(12) Communicable and infectious diseases account for
millions of school days lost each year. Data illustrate that
when students have access to a registered nurse in school,
immunization rates increase.
(13) A 2011 study showed that a school nurse in the
building saves principals, teachers, and clerical staff a
considerable amount of time that they would have spent
addressing health concerns of students, including saving
principals almost an hour a day, saving teachers almost 20
minutes a day, and saving clerical staff more than 45 minutes a
day. This would amount to a savings of about 13 hours per day
in the aggregate for such school personnel.
(14) Determining a balanced student-to-school nurse ratio
by using a formula-based approach, taking into consideration
the overall health acuity of the student body and the workload
of school nurses, offers a reasonable means for achieving
better student outcomes.
SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS.
(a) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``poverty line'', and ``secondary
school'' have the meanings given to the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Acuity.--The term ``acuity'', when used with respect to
a level, means the level of a patient's sickness, such as a
chronic condition, which influences the need for nursing care.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency in which the
student-to-school nurse ratio in each public elementary
and secondary school served by the agency is 750 or
more students to 1 school nurse; or
(B) a consortium of local educational agencies
described in subparagraph (A).
(4) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency described in paragraph (3)(A)--
(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
(B) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line.
(5) Nurse.--The term ``nurse'' means a licensed nurse, as
defined under State law.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Workload.--The term ``workload'', when used with
respect to a nurse, means the amount of time the nurse takes to
provide care and complete the other tasks for which the nurse
is responsible.
(b) Demonstration Grant Program Authorized.--From amounts
appropriated to carry out this section, the Secretary of Education, in
consultation with the Secretary of Health and Human Services and the
Director of the Centers for Disease Control and Prevention, shall award
demonstration grants, on a competitive basis, to eligible entities to
pay the Federal share of the costs of reducing the student-to-school
nurse ratios in the public elementary schools and secondary schools
served by the eligible entity, which may include hiring a school nurse
to serve schools in multiple school districts.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall include information with respect to the current (as
of the date of application) student-to-school nurse ratio,
student health acuity levels, and workload of school nurses in
each of the public elementary schools and secondary schools
served by the eligible entity.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to each application submitted by an eligible entity
that--
(1) is a high-need local educational agency or a consortium
composed of high-need local educational agencies; and
(2) demonstrates--
(A) the greatest need for new or additional nursing
services among students in the public elementary
schools and secondary schools served by the agency or
consortium; or
(B) that the eligible entity does not have a school
nurse in any of the public elementary schools and
secondary schools served by the eligible entity.
(e) Federal Share; Non-Federal Share.--
(1) Federal share.--The Federal share of a grant under this
section--
(A) shall not exceed 75 percent for each year of
the grant; and
(B) in the case of a multi-year grant, shall
decrease for each succeeding year of the grant, in
order to ensure the continuity of the increased hiring
level of school nurses using State or local sources of
funding following the conclusion of the grant.
(2) Non-federal share.--The non-Federal share of a grant
under this section may be in cash or in-kind, and may be
provided from State resources, local resources, contributions
from private organizations, or a combination thereof.
(3) Waiver.--The Secretary may waive or reduce the non-
Federal share of an eligible entity receiving a grant under
this section if the eligible entity demonstrates an economic
hardship.
(f) Report.--Not later than 2 years after the date on which a grant
is first made to a local educational agency under this section, the
Secretary shall submit to Congress a report on the results of the
demonstration grant program carried out under this section, including
an evaluation of--
(1) the effectiveness of the program in reducing the
student-to-school nurse ratios described in subsection (b)(1);
and
(2) the impact of any resulting enhanced health of students
on learning, such as academic achievement, attendance, and
classroom time.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2015 through 2019. | Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act - Authorizes the Secretary of Education to make competitive matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse to pay a specified federal share of the cost of reducing such ratio. Gives grant priority to high-need LEAs that demonstrate: (1) the greatest need for new or additional nursing services for their students, or (2) that they do not have a school nurse in any of their schools. Defines a "high-need LEA" as an LEA for which not fewer than 10,000 or not less than 20% of the children served are from families with incomes below the poverty line. | {"src": "billsum_train", "title": "NURSE Act"} | 2,092 | 182 | 0.481521 | 1.416423 | 0.669291 | 3.103226 | 13.058065 | 0.896774 |
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